On January 1, 2023 more new laws will go into effect. These laws relate to medical records, subscription service cancellations, early retirement for emergency communications personnel and mail-order pharmaceuticals. They will be enforced starting in 2023.
“Dallas’s Law,” is the most well known. This law was was named for Dallas “DJ” Barrett, who died after a fight with security guards at Dierks Bentley’s Whiskey Row in 2021. The law revises the required training necessary for someone working as a security guard/officer, adding de-escalation techniques, safe restraint techniques, and emergency first aid/CPR training. Prior to the passing of this law, those hired as security guards by proprietary security organizations were exempt from certain training requirements. This law requires all those hired as security guards in Tennessee to show proof of that training.
Other laws going into effect on January 1, 2023 include:
HB1195/Public Chapter 664: Requires a health insurance entity, a health services provider, or a healthcare facility to notify a patient of communication among the entity, a health services provider, and a healthcare facility concerning the patient’s medical claim; requires a utilization review agent to notify the provider or healthcare facility, as well as the enrollee, when additional information is needed for a prior authorization request. Under the new law, that communication must be given to the enrollee within two business days after that communication has occurred and must include a summary of said communication.
HB1652/Public Chapter 803: Requires a business that allows someone to sign up for a service or subscription online to provide the option to cancel the service or subscription online without additional steps. It also creates certain exceptions to this rule, including FDIC-insured banks, NCUA-insured credit unions, local government services, state-regulated public utilities, the FCC or the FERC or businesses licensed by the Tennessee Department of Commerce and Insurance.
HB2416/Public Chapter 1001: Enacts the “Tennessee Abortion-Inducing Drug Risk Protocol Act.” This law requires any abortion-inducing drug to be provided only by a doctor in a medical facility and cannot be provided through the mail. The law also requires that physician to set up a follow-up appointment around seven to 14 days after the administration of the drug. The criminal penalty for violating this law is a Class E felony and a fine up to $50,000. There are also civil penalties for violations of the law, including malpractice action for actual and punitive damages; professional discipline for the doctor, including license suspension or revocation; wrongful death action background; injunctive relief against the doctor from doing it again. There is only liability for the doctor.
HB2597/Public Chapter 996: Authorizes an assessor property to display UNLISTED for the first and last name in the ownership field of an online searchable database of property when certain conditions are met.
HB2683/Public Chapter 819: Makes emergency communications personnel eligible for early service retirement when the employing entity has elected to offer this benefit; requires the employing entity to be responsible for 100% of any increased cost necessary to provide this benefit to the emergency communications personnel. The law applies to an emergency communications worker, public safety dispatcher, emergency communications tele-communicator or emergency call taker.
SB0905/Public Chapter 1104: Revises provisions governing the sales and use tax exemption for qualified farmers and nurserymen in regard to certain farm equipment and machinery used in agricultural operations. The law exempts farmers from sales tax on items and services used for agriculture production, including building materials, repair services, and labor.
SB2295/Public Chapter 1112: Makes changes to the qualifications for certification as a medication aide by the board of nursing. Changes include stipulating prior experience in certain care facilities must be at least one continuous year or more; certain training requirements can now be completed via distance or virtual learning; and the passing grade required of standard examinations is now lowered from 85% to 75%.
SB2398/Public Chapter 785: Outlines a relative caregiver program for foster care; authorizes the department to implement an extension of the foster care program to provide services to youth transitioning from state custody to adulthood. This bill reimburses eligible relatives of foster youth to support the cost of raising the child. It also expands eligibility to ages 18-21 for foster youth transitioning from state custody to adulthood to access services, according to the Tennessee Senate Republican Caucus Deputy Press Secretary Zachary Clark.
SB2694/Public Chapter 1040: Starting January 1, professional counselors will be required to have “completed coursework” specifically related to the “diagnosis, treatment, appraisal, and assessment of mental disorders” as well as completed two years of postgraduate supervised experience.
As always, you can reach Kelli at (615) 567-7300 or kelli@khalawgroup.com. Have a safe and Happy New Year.
