Image Credit: capitol.tn.gov
The Tennessee Conservative Staff –
Legislation that critics call a “Red Flag” bill passed the House for a second time on Thursday.
House Bill 1625 (HB1625), sponsored by Representative Jason Zachary (R-Knoxville-District 14), would expand mandatory reporting laws for mental health professionals by requiring them to report a patient to law enforcement, 988, or a local crisis response service if they determine that patient to have communicated an intent “for actual threat of bodily harm” against an individual or group of people.
HB1625 passed the House on February 22 with 79 representatives voting in favor of the legislation and 7 voting against it.
The Senate adopted the House Version of the bill on March 28 and passed it unanimously with the addition of an amendment.
The bill was amended to read, “the qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional’s or analyst’s specialty under similar circumstances, has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so.”
It also added that “Inpatient hospitalization of the service recipient discharges the duty to warn imposed on a qualified mental health professional or behavior analyst by this section.”
Critics have brought up concerns about the fact that this legislation also provides mental health professionals with civil, criminal, and regulatory immunity given the subjective way that a mental health professional could perceive something to be a threat.
Questions have also emerged regarding privacy laws and where reported information will be stored and how it will be used.
Because the Senate passed an amended version of the House bill, it was returned to the House, giving them the opportunity to concur with the amended legislation or contest it.
The bill passed the House a second time with 76 ayes and 12 nays.
Republicans voting against the bill were Representatives Jody Barrett (R-Dickson-District 69), Kip Capley (R-Summertown-District 71), Scott Cepicky (R-Culleoka-District 64), Clay Doggett (R-Pulaski-District 70), Monty Fritts (R-Kingston-District 32), Timothy Hill (R-Blountville-District 3), Debra Moody (R-Covington-District 81), Bryan Richey (R-Maryville-District 20), and Todd Warner (R-Chapel Hill-District 92).
The bill will be sent to Governor Bill Lee to await further action.
