Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1156 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 1030
3	3	By Bowling
4	4
5	5	HOUSE BILL 1156
6	6	By Lynn
7	7
8	8
9	9	HB1156
10	10	002689
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 37,
14	14	relative to immunizations.
15	15
16	16	WHEREAS, Tennessee Code Annotated, Section 37-10-401(a) declares that a parent or
17	17	legal guardian is responsible for ensuring that such person's child receives vaccinations as
18	18	recommended by the Centers for Disease Control and Prevention (CDC) or the American
19	19	Academy of Pediatrics (AAP); and
20	20	WHEREAS, the CDC is a federal agency that operates under federal jurisdiction, not
21	21	subject to state government oversight or accountability, and the AAP is a private organization,
22	22	not subject to constitutional accountability or state government oversight and accountability; and
23	23	WHEREAS, under the nondelegation doctrine, the General Assembly cannot delegate
24	24	significant public policy decisions or police powers to entities that are not subject to state
25	25	oversight and accountability; and
26	26	WHEREAS, the landmark case Jacobson v. Massachusetts, 25 S.CT. 358 (1905)
27	27	affirmed that state vaccination laws are not subject to federal jurisdiction under the Fourteenth
28	28	Amendment to the Constitution of the United States but are instead an exercise of state police
29	29	power if and when authorized under a state's constitution; and
30	30	WHEREAS, legislative oversight and the rulemaking process are necessary when
31	31	changing vaccination law to ensure such changes serve a compelling governmental interest of
32	32	the highest order; and
33	33	WHEREAS, the Families' Rights and Responsibilities Act, compiled in Tennessee Code
34	34	Annotated, Title 36, Chapter 8, affirms that a government entity shall not substantially burden
35	35	the fundamental rights of a parent unless it demonstrates that such a burden is required by a
36	36
37	37
38	38	- 2 - 002689
39	39
40	40	compelling governmental interest of the highest order and is the least restrictive means of
41	41	furthering that interest; and
42	42	WHEREAS, deleting § 37-10-401(a) will not affect existing immunization laws, rules, or
43	43	requirements for schools, nurseries, kindergartens, preschools, or child care facilities; now,
44	44	therefore,
45	45	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
46	46	SECTION 1. Tennessee Code Annotated, Section 37-10-401(a), is amended by
47	47	deleting the subsection.
48	48	SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.
49	49