Image Credit: capitol.tn.gov
The Tennessee Conservative [By Adelia Kirchner] –
Legislation flagged as a “Red Flag Bill” by critics that aims to expand mandatory reporting laws for mental health professionals to report the possibility of potentially violent acts by their patients passed on the floor of the Tennessee Senate on Thursday by a vote of 30-0.
Senate Bill 1673 (SB1673) / House Bill 1625 (HB1625) is being sponsored by Sen. Becky Massey (R-Knoxville-District 6) in the Senate and Rep. Jason Zachary (R-Knoxville-District 14) in the House of Representatives.
The legislation passed in the House for a second time on February 22nd, 2024 by a 79-7 vote.
During Thursday’s Senate proceedings, SB1673/HB1625 was amended to make “a technical correction” according to Sen. Rusty Crowe (R-Johnson City-District 3).
Sen. Massey briefly introduced the legislation saying that the problem with current state law on the subject is that it does not clearly tell mental health practitioners who to report these “clearly identified threats” to.
“The new language says that if the threat is made to a group of people related to a school, related to a family member of the patient, then the mental health practitioner is required to act by reporting it to law enforcement if they see it as an immediate threat, or to 988 or to their local health facility if they think the person needs to be evaluated,” stated Sen. Massey.
Under this legislation, mental health practitioners are to use the “reasonable skill, knowledge and care ordinarily possessed by exercising their professional skill.”
According to Sen. Massey it also provides civil immunity to “any mental health practitioner who does not report their patient.”
She also noted that this legislation has garnered full support from the Tennessee Psychological Association and was brought to Rep. Zachary by Covenant School parents out of the Nashville area.
With no further discussion, Senate members cast their votes and SB1673/HB1625 passed by a vote of 30-0.
Republican Senators Bailey, Bowling, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lowe, Lundberg, Massey, Niceley, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Taylor, Walley, Watson, White, Yager and Lt. Gov. McNally voted in favor of this legislation alongside Democrat Senators Campbell, Kyle, Lamar, Oliver and Yarbro.
Critics of this legislation previously voiced concerns about privacy laws, where reported information will be stored and how it will be used as well as about providing mental health professionals with civil, criminal and regulatory immunity given the subjective way in which a mental health professional could perceive something to be a threat.
Now that this legislation has been passed in both chambers of the state legislature, it will be enrolled and signed by the Speaker of the House and the Speaker of the Senate before being sent to Gov. Bill Lee (R-TN) for his signature.
The governor can choose to sign the bill, veto it, or allow it to become law absent his signature. SB1673/HB1625 will take effect immediately upon becoming law.
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.