Women’s Political Collaborative of TN Legislative Report
March 29, 2012
By Deb Lively and Anne Carr

Here is the status of high priority bills that are moving through the system right now. Remember to go to www.capitol.tn.gov for more information or to watch hearings on bills of interest. You may also pull up the complete text of bills and amendments.

HB3621/SB3310, by Rep. Jim Gotto and Sen. Jack Johnson, an effort to re-write the state’s family life (sex ed and more) curriculum requirements, passed the Senate Education Committee in amended form this week and was sent to the Senate Finance committee to be heard next. The House bill was delayed in the House Education Committee but is back on the agenda on Tuesday, April 3, at 12:00 p.m.

The bill revises current provisions governing when and how LEAs (local education agencies) are required to implement “family life education.” The Senate amendment eliminates a WPC concern about a change in which counties are required to implement a program, and the House sponsor has indicated he also intends to adopt that amendatory provision. Additional WPC concerns are the confusing use of the terms “abstinence-based” and “abstinence-centered,” vague language prohibiting the “promotion of gateway sexual activity” without a clear definition of “gateway sexual activity,” and the creation a civil cause of action against instructors who may be brought in to teach the program along with fines to be levied if a parent filing a lawsuit prevails.

Professional educators who specialize in family life programs report that the term “abstinence- based” is usually interpreted to mean abstinence only, while “abstinence-centered” is interpreted to mean there is an emphasis on abstinence. One local family life educator came for this week’s House hearing and was able to express her concerns to Rep. Gotto and some other legislators, even though the bill was never heard by the committee.

The bill also includes guidance on how to teach the program with language such as, “Exclusively and emphatically promote sexual risk avoidance through abstinence, regardless of a student’s current or prior sexual experience.” That was another phrase the educator pointed out as extremely confusing and that seemed to indicate the legislation was meant to push toward an abstinence only program.

Please express your concerns to the following legislators, particularly if you know any of them. Unfortunately, there are no legislators from Nashville on the House Education Committee.

House Education Committee:

Committee Members

• Richard Montgomery, Chair
• Joey Hensley, Vice-Chair
• Joe Carr, Secretary

Members

• Harry Brooks
• Kevin Brooks
• John DeBerry
• Lois DeBerry
• Bill Dunn
• Craig Fitzhugh
• John Forgety
• Ron Lollar
• Debra Maggart
• Jimmy Naifeh
• Joe Pitts
• Dennis Powers
• John Ragan
• Ryan Williams
• John Mark Windle

WPC supports HB1087/SB1985, which requires insurance companies that pay for
intravenous chemotherapy to also cover oral chemo treatment. The bill passed the Senate Commerce Committee this week with two amendments and is scheduled for votes in the House Commerce Committee on Tuesday April 3 at 9:00 a.m. This legislation is sponsored by Rep. Glen Casada and Sen. Eric Stewart.

Intravenous chemotherapy drugs are the most traditional treatment option for cancer patients, but oral chemotherapy drugs are quickly becoming a preferred method of treatment. Whether chemotherapy drugs are administered orally or intravenously, they should be covered by health insurance and offered to patients at similar prices. The bill requires coverage “on a basis no less favorable than what the health benefit plan requires for intravenously administered or injected cancer medications that are covered as medical benefits.” 15 states have enacted chemotherapy drug parity bills that require such coverage.

Please contact members of the House Commerce Committee in support of the bill. Nashville and Middle Tennessee legislators are marked with an asterisk below.

House Commerce Committee:

Committee Officers

• Steve McManus, Chair
• Jon Lundberg, Vice-Chair
• Pat Marsh Secretary

Members

• Charles Curtiss
• Linda Elam*
• Joanne Favors
• Brenda Gilmore*
• Ryan Haynes
• G. A. Hardaway
• Bill Harmon
• Curtis Johnson
• Phillip Johnson
• Jimmy Matlock
• Don Miller
• Richard Montgomery
• Joe Pitts
• Mark Pody
• Dennis Powers
• John Ragan
• Dennis Roach
• Charles Sargent*
• Cameron Sexton
• David Shepard*
• Janis Sontany*
• Art Swann
• Curry Todd
• Joe Towns
• Kent Williams
• Tim Wirgau

SB3323/HB3808, the “Life Defense Act of 2012,” by Sen. Mae Beavers and Rep. Matthew Hill, has caused concern for WPC, although the most worrisome parts of the original bill have been removed, at least on the House side. The deleted section would have potentially resulted in the posting of the names of physicians who perform abortions on the Department of Health website. There were also questions about collecting state data on abortions by county, although it is now collected and reported on a regional basis and by age groups and posted on the website. Some legislators pointed out that such detailed information might enable the identification of specific women who had undergone abortions. Rep. Hill, the House sponsor, amended these provisions of the bill out in the House Health Committee but retained a requirement that physicians who perform surgical abortions in licensed ambulatory surgical treatment centers (ASTCs) must have hospital admitting privileges in the county in which the clinic is located or in a contiguous county.

During discussion on the House floor on the bill this week, it was pointed out that the admitting privileges requirement was placed only on physicians performing abortions and not on physicians performing a variety of other surgical procedures in ASTCs. Currently, all ASTCs are required to have contracts with local hospitals in the event of the need to transport a patient unexpectedly. It was also noted that ASTC patients often travel into an urban area from a more rural area and then return home after a surgical abortion. In case of an emergency after arriving back at home, they should go to the nearest hospital, not back to the location of the ASTC. Despite a somewhat lengthy discussion, HB3808 passed the House by a vote of 73 to 24.

The Senate bill is assigned to but has not been scheduled in the Senate Judiciary Committee.

As reported recently, WPC supported HB3466/SB3169, by Rep. Mike McDonald and Sen. Joe Haynes, which would have updated the weight standards for child rear-facing car seats. This bill, however, has been taken off notice in both the House and Senate Transportation Committees, and proponents, including the Children’s Hospital Alliance of Tennessee, say they plan to reintroduce the measure in 2013..