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The Tennessee Conservative [By Adelia Kirchner] –
A red flag gun bill that would expand mandatory reporting laws is scheduled to be heard in the Senate Health and Welfare Committee and voted on in the Tennessee House of Representatives this week.
HB1625/SB1673, sponsored by Rep. Jason Zachary (R-Knoxville-District 14) in the House and Sen. Becky Massey (R-Knoxville-District 6) in the Senate, would expand current state law, requiring mental health professionals to report their patient if they determine that patient to have communicated an intent “for actual threat of bodily harm.”
The bill “requires the professional or behavior analyst to report such threat” and “provides immunity from civil, criminal, and regulatory liability for a professional or analyst who takes reasonable action to warn or protect identified victims or groups and to report such threat.”
Current law reads that mental health professionals have “a duty to predict, warn or take precautions to provide protection,” but only under specific circumstances (i.e. a patient has communicated “an actual threat of bodily harm against a clearly identified victim” and the professional has determined that the patient has the “apparent ability to commit such an act and is likely to carry out the threat”).
HB1625/SB1673 would change current law by expanding reportable threats to include those made towards a general group of people instead of just one “clearly identified victim” (i.e. students of a particular school), and by allowing mental health professionals to report a patient if that patient has the “apparent ability to commit such an act.”
The language “and is likely to carry out the threat” would be removed by this legislation.
Some critics have voiced concern about providing civil, criminal, and regulatory immunity for mental health professionals because of the subjective way in which a mental health professional may perceive something to be a threat.
Several questions have also been raised regarding privacy laws and where reported information will be stored, how it will be used, as well as who will have access to it.
Back in August 2023, during Tennessee’s special session, HB1625 was passed on the House floor. However, the Senate refused to act on the bill at that time and the bill had to be reintroduced this year.
In late January the legislation was passed by the House Health Subcommittee and was passed out of the full House Health Committee earlier this month.
A vote on HB1625 is scheduled to take place on the House floor on Thursday, February 22nd, 2024.
To voice your support or opposition to this legislation as summarized above, use the Find My Legislator tool and contact your district’s representative prior to the House vote.
The corresponding Senate bill, SB1673, is also scheduled to be heard in the Senate Health and Welfare Committee this Wednesday, February 21st, 2024.
To voice your support or opposition to this legislation as summarized above, use the information below to contact the committee members prior to their scheduled meeting.
Rusty Crowe (R-Chair) – sen.rusty.crowe@capitol.tn.gov – (615) 741-2468
Ferrell Haile (R-Vice-Chair) – sen.ferrell.haile@capitol.tn.gov – (615) 741-1999
Shane Reeves (R-2nd Vice Chair) – sen.shane.reeves@capitol.tn.gov – (615) 741-1066
Joey Hensley (R) – sen.joey.hensley@capitol.tn.gov – (615) 741-3100
Ed Jackson (R) – sen.ed.jackson@capitol.tn.gov – (615) 741-1810
Becky Massey (R) – sen.becky.massey@capitol.tn.gov – (615) 741-1648
Art Swann (R) – sen.art.swann@capitol.tn.gov – (615) 741-0981
Bo Watson (R) – sen.bo.watson@capitol.tn.gov – (615) 741-3227
Jeff Yarbro (D) – sen.jeff.yarbro@capitol.tn.gov – (615) 741-3291
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee.
You can reach Adelia at adelia@tennesseeconservativenews.com.