General Assembly passes legislation protecting the constitutional rights of Tennesseans regarding COVID-19 mandates.

The General Assembly passed significant legislation during the recent Special Legislative Session protecting the constitutional rights of Tennesseans regarding COVID-19 mandates and federal overreach. The most comprehensive bill approved during the session addresses COVID-19 vaccine, mask and quarantine mandates. Senate Bill 9014, which I co-sponsored, aims to provide clarity regarding actions that can be taken by state and local governments, businesses and schools.

Vaccines – The bill makes clear that no person, private business, governmental entity or school can take an adverse action against a person or otherwise compel a person to show proof of their COVID-19 vaccine for any reason. This includes adverse employment action due to a vaccine requirement.

Generally, health care facilities and health care providers enrolled in Medicare and Medicaid are exempt from the legislation. Also, there is a mechanism that allows any entity contracting with the federal government or receiving federal funds to request an exemption through the State Comptroller’s office.

The legislation provides that an employee who is separated from employment because their employer required them to be vaccinated is eligible for unemployment compensation benefits. This provision is retroactive for employees who have had an unemployment claim previously denied as a result of a vaccine mandate by their employer, provided they were otherwise eligible.

In addition, the bill provides that health care providers must receive written consent from a minor’s parent or legal guardian before administering the COVID -19 vaccine. There was some confusion and consternation about this among parents across Tennessee at the prospects that a vaccine might be administered to their minor child without their consent. This legislation makes it clear that parents or guardians must consent.

Mask Mandates / General Public – Relative to masks, the bill sets statewide standards for how and when a local or state government can put a mask mandate in place for the general public. The legislation creates a new term regarding severe COVID-19 conditions with two triggers. The governor must declare a state of emergency specific to COVID-19 and then a county where the mandate is being contemplated must have a case rate of at least 1,000 per 100,000 population. If those conditions are met and the government decides to implement a mask mandate, it can last for 14 days. At the end of that period, the mandate will expire unless the severe conditions are still occurring at which point it can be renewed for another 14-day period of time. Under the legislation, private businesses can require a mask for their employees and customers, as long as it is a consistent policy, but they cannot mandate a vaccine.

Mask mandates for public K-12 and post-secondary schools mirror the requirements laid out in the bill for the general public, but adds a process which must be followed before implementation.

The principal or president of a school must evaluate all written requests for Americans with Disabilities Act (ADA) accommodations. Upon approval, the school must place that person in an in-person educational setting where anyone who cannot socially distance must be masked with an N95 or equivalent mask. Private schools are not affected by the legislation.

Health Care Standards / Quarantine Mandates – The legislation clarifies confusing and conflicting quarantine requirements by giving only the Commissioner of Health power to quarantine, close or restrict the operation of a business as a result of COVID-19. Quarantines would only apply to cases where a person tests positive for COVID-19.

The bill also allows health care providers to exercise their independent professional judgement to determine whether to prescribe, offer or administer monoclonal antibodies to a patient as a treatment or prophylaxis against COVID-19. The government cannot prioritize these antibodies to any group of people. In addition, any disciplinary process that is implemented by a health-related board regarding the dispensing or prescribing of medication for COVID-19 must be promulgated as a rule. This process involves approval of that rule by the General Assembly’s Government Operations Committee.

Finally, the bill would allow a loved one to be present during the hospitalization of a COVID-19 patient to prevent people from dying alone.

Next week: More on actions taken during the Special Session, including county health officers, district attorneys general, school boards, the governor’s emergency powers and federal mandates.

Contact Senator Hensley at

425 5th Avenue North, Suite 746

Nashville TN 37243

615-741-3100

Toll Free 1-800-449-8366

ext. 13100

Fax 615-253-0231

855 Summertown Highway

Hohenwald TN 38462

Phone 931-796-2018

Cell Phone 931-212-8823

E-mail:

[email protected]