New Tennessee Laws Effective January 2023

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With the beginning of every new year a new assemblage of bills become effective.  Here are the laws that will become effective in January of 2023 listed under general categories.

Public Safety

SB2514
This legislation enacts “Dallas’s Law,” which revises various provisions governing the training of both armed and unarmed security guards/officers, including the understanding of the legalities of the job, first aid, and de-escalation techniques.

HB2242

The state fire marshal has requested provisions concerning minimum statewide building construction safety standards concerning multi-level commercial and residential structures relative to mitigating structural collapse that may result from explosive devices, including, but not limited to, methods to deter entry into a structure by a motor vehicle.

SB2434

If a person who has been found guilty of driving under the influence is ordered to install and use an ignition interlock device, this law notes the requirements that must be met to install the device.

Health

HB2416

Known as the “Tennessee Abortion-Inducing Drug Risk Protocol Act,” this law requires anyone desiring an abortion-inducing drug to appear in person to obtain the drug, and that no manufacturer, supplier, pharmacy, physician, qualified physician, or other person will be able to provide the abortion-inducing drug to a patient via courier, delivery, or mail service. It also requires specific testing to take place before the drug may be administered.

SB2295

Various changes to the qualifications for certification as a medication aide by the board of nursing is enacted by this law. It governs age minimum and areas of instruction.

HB2661

Revising various provisions governing pharmacy benefits and pharmacy benefits managers, the main thrust of the bill is ensuring that pharmacies are not paid less than the real cost of the prescription drug or device.

SB1310

This new law will require a health carrier, health benefit plan, or utilization review organization that denies coverage of a prescription drug for the treatment of a medical condition through the use of a step therapy protocol to provide access to a clear, readily accessible, and convenient process for a patient or prescribing practitioner to request a step therapy exception. It is a matter of public interest that the general assembly requires health insurers to base step therapy protocols on appropriate clinical practice guidelines or published peer-reviewed data developed by independent experts with knowledge of the condition or conditions under consideration; that patients be exempt from step therapy protocols when those protocols are inappropriate or otherwise not in the best interest of the patients; and that patients have access to a fair, transparent, and independent process for requesting an exception to a step therapy protocol when the patient’s physician deems appropriate.

HB1195

If a utilization review agent requires additional information from an enrollee, a provider, or healthcare facility to make a determination on a request for prior authorization on a patient’s medical claim, then, no later than five business days after receipt of the request, the agent shall notify the enrollee in writing, email or respective electronic portals of the additional information needed to make the determination. Also, the provider or healthcare facility must also be contacted through email or respective electronic portals of the additional information needed to make the determination.

SB2694

Revising current provisions governing the requirements for mental health professional counselors, it will require completed coursework specifically related to the diagnosis, treatment, appraisal, and assessment of mental disorders; and have completed two years of postgraduate supervised experience required for licensure in a clinical setting that provides substantial opportunities to diagnose, treat, appraise, and assess mental disorders.

Education

 HB2430

A County Local Education Agency (LEA) will have to have a written agreement if they are operating a school within the geographic boundaries of a Municipal LEA or the Municipal LEA may purchase the school from the county at fair market value.

Employment

SB0958

As enacted, this law establishes a voluntary shared work unemployment benefits program that allows certain employers to submit to the department of labor and workforce development for approval a plan to reduce employee work hours in exchange for employee access to a certain level of unemployment compensation benefits.

Government

SB2398

Pursuant to a specific set of criteria this law outlines a relative caregiver program for foster care and authorizes the department to implement an extension of the foster care program to provide services to youth transitioning from state custody to adulthood.

SB1005

Written to address campaign contribution ethics and financial record keeping, starting with reports covering periods beginning on and after January 16, 2023, if any candidate files a contribution statement with more than thirty percent (30%) of the candidate’s contributions reported as un-itemized contributions, then the candidate’s contributions shall automatically be audited by the registry.

HB2683

Emergency communications personnel are now eligible for early service retirement when the employing entity has elected to offer this benefit. The law requires the employing entity to be responsible for 100 percent of any increased cost necessary to provide this benefit to the emergency communications personnel.

HB2597

This law authorizes an assessor of property to display “UNLISTED” for the first and last name in the ownership field of an online searchable database of property when the residential property owner files a written request with the assessor to display the ownership field for their property as “UNLISTED,” and when the written request includes sufficient information to clearly demonstrate to the assessor that the subject property is the primary residence of the residential property owner.

Real Estate

HB2288

Notice of cancellation of a time-share contract can now legally be made by email.

Liquor Sales

SB0384

This law does not prohibit a retailer from offering a discount in such a manner as the retailer deems appropriate as long as the discount being offered is not below the cost to the retailer.

SB1686

Establishment of a common carrier license to be issued by the alcoholic beverage commission to a person, firm, or corporation that transports goods for a fee and maintains a regularly established schedule of service within this state to transport wine from a winery direct shipper licensee or a fulfillment house licensee to residents of this state is the action of this new law.

Business

HB1652

Making the wording of automatic sign-up and renewal offers clear and concise, as well as requiring 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 is the thrust of this new law.

SB1934

This law specifies that a trustee for an improvement care trust fund may establish a separate trust for each individual cemetery or cemetery company, or a master trust for multiple cemetery companies; specifies that a trustee for pre-need cemetery contracts may establish a separate trust fund for each contract, a single trust fund for all contracts written by an individual cemetery, or a single trust fund for all contracts written by multiple cemetery companies; and it makes other changes related to the establishment and management of an improvement care trust fund or a trust fund for a pre-need cemetery contract.

Farm Relief

An additional law will provide sales tax exemptions to farmers on items and services used for agriculture production, including building materials, repair services, and labor, among other expenses used in agriculture production. The goal of this law is to keep small family farms operating.

Non-Profit

And one more law will provide mandatory training to nonprofit charitable organization personnel in the identification, intervention, prevention and treatment of human trafficking victims.

24 COMMENTS

  1. What about failure to render aid to someone who is overdosing? This is obserd. Can not believe that my son is dead and the girl who is responsible walks free. Any other state she would be in jail. 29 minutes she watched my son helplessly die. It’s all on video. She is on probation. Had drugs. On her side of car. Car was stolen. She is free? My son is dead. They couldn’t charge her with anything? She’s a known drdrug addict. They took her word that she didn’t give him the drugs. They moved him from where he was. I need help.

    • I’m so very sorry for your loss. My best friend lives in FL and her 22yr old daughter just died of a fentanyl overdose 3 days before Christmas. Her drug dealer is and was in jail within 3 hours of her death charged with murder. I hope you find justice

    • How is it ok or legal to pursue the person or person’s if your son or daughter was the one to ask for it people always wanna blame everyone else but did u stop to think it was their choice they chose to ask use and risk their lives for an addiction… make better choices…

  2. I will not be shut up or shut down. I am about to get lots of public involvement. This will not go unnoticed. My son matters. He was beautiful

    • Don’t give up. These kids are literally killing each other and it seems as though it goes un noticed. Maje no mistake. There are a lot of murderers out there looking normal and some would be considered cereal killers. We have to rise against the evil

  3. Only parents who have lost a child can understand the horrific pain, actually there is no definition that could describe the pain. I can remember. The feeling of helplessness, alone in the grief, knowing that everyone around you are sad for you but have no idea what you are feeling. It is a pain like no other. I can honestly say, I can not describe it. I remember saying to God, please take this pain or take me. I watched people around me eat and talk. I couldn’t eat. I couldn’t sleep. I was completely helpless. It has been 19 years since my son died. It does not go away. His death certificate reads, homicide. He died of an overdose. Don’t give up. The people responsible should have to pay for taking his life. If not and there are no consequences, it will continue. I am so sorry for your loss. May God ease your pain and stand with you in your walk.

  4. Sherry brooks; I don’t know your story but I’ll help spread the word anyway I can possible. This happens too often. Tennessee is failing all of us. My email if you want to contact me: [email protected]
    I live in Bradley county, TN and I am sick of the way this town and others in Tennessee are being ran and dealt with. Prayers for your son and you.

  5. Amen the public has your back. That’s just cruel and in this situation she should pay but it’s who you know and money here and everywhere you go. RIP for your son.

  6. Maybe I can help. I can help make it public, give me case numbers, names, and stuff like that. I’m a good researcher, and I’m not afraid.

  7. The way it was explained to me when my husband passed in July 2021 of an overdose, when I asked the question why are all these addicts either leaving them to die, not calling 911 immediately or helping them? Is it because there scared of getting into trouble? And would they get into any trouble if they called authorities. The detective told me not the first time, that basically two people would have to die of an overdose in your presence before you’d get charged. And I’m not saying this is a bad or good thing but if it’s infact the law we’re working with then we need to let the public know this because we have to many people running away from our loved ones dying from an overdose, leaving them there without making a phone call, even moving our dead loved ones out of fear of charges. When I say they need to be told that not only will they not get a charge but they will receive any treatment necessary to oversee them through the night and into a potential recovery process for them as well because at that point they too just watched a friend die of the very drug their inducing. Which to the addict equals more drugs equals numbing feelings of sympathy because in their heads they know there just another addict in authorities eyes which equals making things ok with themselves they wouldnt ordinarily do with a good conscience. My husband went at 12:30 at night and bought drove home and administered his drug and died just hours later alone walking in his home where there was loved ones asleep with a shot of narcain that would never be used on him. He had been in jail for 3 months then to rehab another 3 months which it literally took all that 6 months to be able to give his kids the best week he had giving them in 5 years. He died 8 days after leaving rehab. Almost a day to the year he to got the the scare of his life and his friend overdosed in his presence. Instead of calling 911 he administered other drugs, still not calling 911 he was said to leave for a while. He then did the unthinkable and moved a deceased body in fear of what? Losing a job, getting a charge. Meanwhile the parents of this person frantically looking for him not knowing anything just to learn he was now dead and someone moved his body because why it was in the way of their what, life? I say we need a public announcement that to report any overdose immediately and you will not face criminal charges the first time, in fact you will receive specialized care if you show the desire for it

  8. It’s a shame about your son. I knew a family this happened to at Jackson Madison County General hospital, a young man died if a meth overdose. I pray that soon we will find closure to this corruption in this state. It all goes from Governor Bill Lee, TN state board of nursing, local law enforcement, TBI FBI, DEA, our federal government. My mother was murdered at Lexington manor nursing home, and all the above law enforcement knows it,even our TN attorney General

  9. In Cleveland ohio she would of been in prison and charged with aiding illegal drug and manslaughter of the 1st degree

  10. I’m so sorry for your loss. I lost my cousin and we don’t know what happened to the girl he was with

  11. To explain further, she just coincidentally left right before he overdosed and knew nothing about the drugs. She was unfortunately known as a drug user herself.

  12. I have a severely handicapped son and can’t get nursing because there are none..We take shifts 20 hrs a day.. Does the government care???? Nope

  13. Only toanswer the question….The good Samaritan law allows the person who gets help whether it be by calling 911 themselves or having someone else call – even if they were doing drugs with them that person and the overdosed gets a one time no questions, no trouble at all for anything including violating a restraining order or having drugs present they will not be charged period, but only one time does this apply to the overdosee and the one who aids that person deemed” the good samaritan” which the law is named after., with that said
    I don’t care how high you are or how scared you are it takes a callous individual to watch someone die, if your gonna leave em then leave em at a hospital or in a public place where someone other than your sorry… might help them, call help for them before you leave them by themselves because your scared! Just because they have done drugs doesn’t mean their life is worth nothing or worth nothing to the family that’s innocent but will suffer the pain from their death.
    Watching someone die and not getting help is to me the same as having a baby and throwing it in the dumpster no regard for life in either situation!
    To all of those who have lost family due to overdose my heart goes out to you and Prayers to you all, the ones that don’t face punishment for watching someone die and offering no aide in any form, you may get away with that now but you will face judgement one day in front of the one true judge that matters- God- as you stand there I hope you know the “I was scared” excuse probably ain’t gonna cut it !

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