Amends TCA Title 14; Section 29-34-802; Title 50; Title 58 and Title 68, Chapter 5.

This bill revises and enacts provisions governing actions by public officials and entities in regard to COVID-19. PRESENT LAW Present law prohibits: (1) The governor from issuing an executive order, a state agency or department from promulgating a rule, and a political subdivision of this state from promulgating, adopting, or enforcing an ordinance or resolution, that requires a person to receive an immunization, vaccination, or injection for the SARS-CoV-2 virus or any variant of the SARS-CoV-2 virus; (2) A state or local governmental official, entity, department, or agency from: (A) Requiring, or mandating that a private business require, proof of vaccination as a condition of entering upon the premises of the business or utilizing services provided by the business; or (B) Requiring proof of vaccination as a condition of entering upon the premises of a state or local government entity, or utilizing services provided by a state or local government entity; and (3) A state agency or department from promulgating a rule, and a political subdivision of this state from promulgating, adopting, or enforcing an ordinance or resolution, that requires medical treatment for those who object to the medical treatment on religious grounds or by right of conscience. “Medical treatment” is defined as an immunization, vaccination, or injection for the SARS-CoV-2 virus or any variant of the SARS-CoV-2 virus. A political subdivision does not include a governmental entity that is subject to a federal or state statute or rule that prohibits the entity from requiring medical treatment for those who object to the medical treatment on religious grounds or right of conscience. This provision does not apply to a student of a public institution of higher education created pursuant to state law who is subject to the policies or rules of a private office that delivers healthcare services or of a healthcare facility that is not owned or controlled by the public institution of higher education, when the student is participating in a program of study or fulfilling educational requirements for a program of study in medicine; dentistry; pharmacy; or another healthcare profession. THIS BILL This bill revises and adds to the above-described provisions, and transfers the provisions to another location in Tennessee Code Annotated, to constitute a new title in the code. This bill specifies that: (A) The governor, this state, its political subdivisions, and public officials do not have authority to suspend any provision of the newly created code title; and (B) That this newly created code title is in addition to and supplemental to all other laws of this state; however, wherever the application of the provisions of the newly created code title conflict with the application of such other provisions, the provisions in the newly created code title will prevail. This bill: (A) Removes the provision described above under PRESENT LAW in (1); (B) Revises the provisions described above under PRESENT LAW in (3)(A) and (B) to refer to "medical treatment" instead of "vaccination," and defines "medical treatment as an immunization, vaccination, injection or other treatment; (C) Prohibits a person, private business, or state or local governmental official, entity, department, or agency from compelling proof of vaccination for COVID-19 by a person, including an employee or a consumer, who objects to medical treatment for a reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19. A person who objects to medical treatment for medical reasons must present to the person, private business, or state or local governmental official, entity, department, or agency a document signed by the employee's treating physician stating that the employee should not receive the medical treatment due to medical reasons. This bill provides that a person injured as a result of a violation of the newly created title, as amended by this bill, may bring a private cause of action for injunctive relief and recover costs and reasonable attorneys' fees against the violator. This bill will be an exception to the Tennessee COVID-19 Recovery Act, which generally provides that there is no claim against any person for loss, damage, injury, or death arising from COVID-19, unless the claimant proves by clear and convincing evidence that the person proximately caused the loss, damage, injury, or death by an act or omission constituting gross negligence or willful misconduct.