1 | 1 | | |
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2 | 2 | | HOUSE BILL 387 |
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3 | 3 | | By Butler |
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4 | 4 | | |
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5 | 5 | | SENATE BILL 474 |
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6 | 6 | | By Bowling |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | SB0474 |
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10 | 10 | | 001897 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 63 |
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14 | 14 | | and Title 68, relative to healthcare providers. |
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15 | 15 | | |
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16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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17 | 17 | | SECTION 1. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by |
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18 | 18 | | adding the following as a new section: |
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19 | 19 | | (a) As used in this section, "healthcare provider": |
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20 | 20 | | (1) Has the same meaning as defined in ยง 63-1-117(k); |
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21 | 21 | | (2) Includes an employee, assistant, or contractor of such professional, |
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22 | 22 | | establishment, or facility; and |
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23 | 23 | | (3) Does not include a psychiatrist or psychologist licensed pursuant to |
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24 | 24 | | chapter 6 or 11 of this title. |
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25 | 25 | | (b) A healthcare provider shall not: |
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26 | 26 | | (1) Inquire as to the patient's ownership, possession of, or access to |
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27 | 27 | | firearm ammunition or firearm accessories; |
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28 | 28 | | (2) Require information described in subdivision (b)(1) to be disclosed |
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29 | 29 | | before providing treatment to the patient; |
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30 | 30 | | (3) Deny future treatment of a patient based upon a patient's ownership |
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31 | 31 | | or control of a firearm, firearm ammunition, or firearm accessories; |
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32 | 32 | | (4) Enter, or have another enter, information described in subdivision |
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33 | 33 | | (b)(1) into a patient's record unless the information is relevant to the patient's |
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34 | 34 | | medical care or safety or the safety of others; or |
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35 | 35 | | (5) Share the information described in subdivision (b)(1) with an insurer. |
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36 | 36 | | |
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37 | 37 | | |
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38 | 38 | | - 2 - 001897 |
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39 | 39 | | |
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40 | 40 | | (c) A healthcare provider shall not discriminate against a patient based upon the |
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41 | 41 | | patient's exercise of the constitutional right to own and possess a firearm, firearm |
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42 | 42 | | ammunition, or firearm accessories. |
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43 | 43 | | (d) If a healthcare provider does inquire as to the patient's ownership, |
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44 | 44 | | possession of, or access to firearm ammunition or firearm accessories, then the |
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45 | 45 | | healthcare provider shall provide written notice to the patient that the patient has no duty |
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46 | 46 | | to respond to the inquiry. |
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47 | 47 | | (e) |
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48 | 48 | | (1) A healthcare provider who violates subsection (b) or (c) is guilty of |
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49 | 49 | | unethical conduct and is subject to: |
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50 | 50 | | (A) Disciplinary action by the healthcare provider's licensing |
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51 | 51 | | authority; and |
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52 | 52 | | (B) A fine of one thousand dollars ($1,000) per violation. |
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53 | 53 | | (2) In addition to other penalties available to the provider's licensing |
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54 | 54 | | authority, the healthcare provider's licensing authority may take disciplinary |
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55 | 55 | | action and seek injunctive or other relief as appropriate against that healthcare |
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56 | 56 | | provider or an entity for a violation of this section. |
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57 | 57 | | SECTION 2. If any provision of this act or the application of any provision of this act to |
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58 | 58 | | any person or circumstance is held invalid, the invalidity does not affect other provisions or |
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59 | 59 | | applications of the act that can be given effect without the invalid provision or application, and to |
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60 | 60 | | that end, the provisions of this act are severable. |
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61 | 61 | | SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it, and |
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62 | 62 | | applies to conduct occurring on or after that date. |
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