HB1494112th GA (Historical)Introduced

Amends TCA Title 7; Title 33; Title 37; Title 41; Title 49; Title 50; Title 62; Title 63; Title 68 and Title 71.

This bill specifically authorizes any person in Tennessee to refuse vaccination, immunization, inoculation, or recommended medical treatment for any reason. Present law generally authorizes the commissioner of health to designate diseases against which children must be immunized and proof of such immunization must be provided prior to school attendance, unless exempted for medical reasons. In the absence of an epidemic or immediate threat of an epidemic, a child may be exempted if their parent or guardian files with school authorities a signed, written statement that the immunization and other preventive measures conflict with the parent's or guardian's religious tenets and practices. The requirement for supplying proof of immunization also applied to home school students. This bill makes the present law provisions concerning immunization of students permissive. This bill deletes a present law provision concerning establishment of a statewide uniform minimum vaccination and immunization program. Present law makes it a Class C misdemeanor offense for a person to refuse to be vaccinated, or prevent a person under such person's care and control from being vaccinated, on application being made by the health officer, or board of health, or by a physician employed by the health officer or board of health for that purpose, unless in the written opinion of another physician it would not be prudent on account of sickness. It is also a Class C misdemeanor offense for any physician to fraudulently give a certificate of sickness or of vaccination to prevent vaccination. This bill deletes such offenses. Present law creates a legal presumption that emergency rescue workers who develop HIV or hepatitis C virus that results in disability or death acquired such disability in the line of duty. One requirement for eligibility for the presumption is that an emergency rescue worker have undergone vaccination or immunization for such disease, when available and required by the employing agency. This bill allows an emergency rescue worker to receive the benefit of the presumption even if the worker voluntarily elects not to be vaccinated or immunized. This bill deletes immunization of children by two years of age as one of the specified goals of healthy start pilot projects. Present law encourages a child's parent or legal guardian to obtain recommended immunizations within the first two years of the child's life. In the absence of an epidemic or immediate threat thereof, such provision does not apply to any child whose parent or guardian files with proper authorities a signed, written statement that such immunization and other preventative measures conflict with the religious tenets and practices of the parent or guardian affirmed under penalties of perjury. No parent or legal guardian may be criminally prosecuted or civilly liable for failure to comply with such provisions. This bill specifies that parents or legal guardians are encouraged to obtain the immunizations as recommended by the federal centers for disease control and prevention or the American Academy of Pediatrics. This bill deletes the provisions of present law concerning the religious exemption and prohibition against prosecution noncompliance with the encouragement to have children immunized before age two years. This bill deletes the present law requirement that high schools forward a dual enrollment student's vaccination record to the higher education institution where the student seeks dual enrollment credit, upon request. Under the Occupational Health and Safety Act of 1972, a religious objection to medical examination, immunization, or treatment cannot overcome an employer's requirement that employees obtain medical examination, immunization, or treatment when the medical examination, immunization or treatment is necessary for the protection of the health or safety of others. This bill removes such exception so that medical examination, immunization, or treatment will not be required for those who object to the medical examination, immunization, or treatment. This bill deletes present law immunization requirements that apply to applicants for licensure as a funeral director or embalmer. This bill deletes administering immunizations from the list of infection control procedures for purposes of the Emergency Medical Services Act of 1983. This bill removes the present law requirement that personal responsibility plans for TANF recipients include a requirement that children in the family receive immunizations and health checks.

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Overview

This bill specifically authorizes any person in Tennessee to refuse vaccination, immunization, inoculation, or recommended medical treatment for any reason. Present law generally authorizes the commissioner of health to designate diseases against which children must be immunized and proof of such immunization must be provided prior to school attendance, unless exempted for medical reasons. In the absence of an epidemic or immediate threat of an epidemic, a child may be exempted if their parent or guardian files with school authorities a signed, written statement that the immunization and other preventive measures conflict with the parent's or guardian's religious tenets and practices. The requirement for supplying proof of immunization also applied to home school students. This bill makes the present law provisions concerning immunization of students permissive. This bill deletes a present law provision concerning establishment of a statewide uniform minimum vaccination and immunization program. Present law makes it a Class C misdemeanor offense for a person to refuse to be vaccinated, or prevent a person under such person's care and control from being vaccinated, on application being made by the health officer, or board of health, or by a physician employed by the health officer or board of health for that purpose, unless in the written opinion of another physician it would not be prudent on account of sickness. It is also a Class C misdemeanor offense for any physician to fraudulently give a certificate of sickness or of vaccination to prevent vaccination. This bill deletes such offenses. Present law creates a legal presumption that emergency rescue workers who develop HIV or hepatitis C virus that results in disability or death acquired such disability in the line of duty. One requirement for eligibility for the presumption is that an emergency rescue worker have undergone vaccination or immunization for such disease, when available and required by the employing agency. This bill allows an emergency rescue worker to receive the benefit of the presumption even if the worker voluntarily elects not to be vaccinated or immunized. This bill deletes immunization of children by two years of age as one of the specified goals of healthy start pilot projects. Present law encourages a child's parent or legal guardian to obtain recommended immunizations within the first two years of the child's life. In the absence of an epidemic or immediate threat thereof, such provision does not apply to any child whose parent or guardian files with proper authorities a signed, written statement that such immunization and other preventative measures conflict with the religious tenets and practices of the parent or guardian affirmed under penalties of perjury. No parent or legal guardian may be criminally prosecuted or civilly liable for failure to comply with such provisions. This bill specifies that parents or legal guardians are encouraged to obtain the immunizations as recommended by the federal centers for disease control and prevention or the American Academy of Pediatrics. This bill deletes the provisions of present law concerning the religious exemption and prohibition against prosecution noncompliance with the encouragement to have children immunized before age two years. This bill deletes the present law requirement that high schools forward a dual enrollment student's vaccination record to the higher education institution where the student seeks dual enrollment credit, upon request. Under the Occupational Health and Safety Act of 1972, a religious objection to medical examination, immunization, or treatment cannot overcome an employer's requirement that employees obtain medical examination, immunization, or treatment when the medical examination, immunization or treatment is necessary for the protection of the health or safety of others. This bill removes such exception so that medical examination, immunization, or treatment will not be required for those who object to the medical examination, immunization, or treatment. This bill deletes present law immunization requirements that apply to applicants for licensure as a funeral director or embalmer. This bill deletes administering immunizations from the list of infection control procedures for purposes of the Emergency Medical Services Act of 1983. This bill removes the present law requirement that personal responsibility plans for TANF recipients include a requirement that children in the family receive immunizations and health checks.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 23, 2021

Subjects
217038652173

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