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The Tennessee Conservative [By Jason Vaughn] –
Tennessee legislators worked hard in 2021, meeting for their regular four-month session as well as three special sessions.
They passed more than 200 bills that went into effect on July 1, but a number of additional laws just became effective on January 1. Among these new laws are compensation for college athletes, restrictions on pharmacy benefit managers, and guidelines for teacher discipline of disruptive students.
Continue for additional details on many of these new bills.
Teacher Discipline Act
Beginning at the start of the new year, all public and charter schools in Tennessee must now implement a six-step procedure for removing students from “disorderly behaviors” in the classroom.
The bill was sponsored by Senator Joey Hensley of Hohenwald. Hensley says the plan was to make the process more streamlined for teachers. Critics, however, have questioned this, saying that the bill could potentially give teachers more freedom to punish students instead of helping them work through behaviors.
According to the new law, teachers must first address the behavior and then “provide consequences” for the student. Teachers must then speak with the student’s guardian and offer school counseling or other support measures. After that, teachers will work to create a behavior plan with the student and finally refer the student to school administration for additional measures.
“Reasonable or justifiable force” is permitted during the removal if needed. If a student refuses to cooperate, law enforcement can be called, according to Hensley.
Compensation for College Athletes
As of January 1, college athletes across Tennessee will be allowed to receive compensation for use of their name, likeness, and image.
The National Conference of State Legislatures noted that 28 states had passed laws allowing for compensation of college athletes as of October 20. Many of these changes came about as the National Collegiate Athletic Association continued to flounder on its enacting of a permanent rule after adopting temporary rules in June that allowed college athletes to receive payment.
According to Tennessee’s new law, only the college athletes themselves can accept compensation, not booster clubs or their colleges. They are allowed to make money from merchandise sales, advertisements, and other activities. They are not permitted to take part in any events that “promote gambling, tobacco, alcohol, and adult entertainment.”
Prescription Drug Prices
Another new state law that went into effect on January 1 prohibits pharmacy benefits management companies from manipulating the rate of reimbursement for some pharmacies. Pharmacy benefits managers are “middle men” who negotiate between prescription drug manufacturers and pharmacies.
The U.S. Supreme Court made a decision in 2020 to allow states to regulate PBMs. These companies determine what drugs are covered by insurance plans, what the cost of those drugs is, and how much compensation pharmacies receive for selling them.
Some critics believe that PBMs actually cause the price of prescriptions to increase because three companies control 80% of the prescription sales in the U.S.: Express Scripts, CVS Health/Caremark, and OptumRX.
As of January 1, PBMs in Tennessee are no longer allowed to reimburse some pharmacies at a higher rate than others because this attempt at manipulation pushes patients to the PBMs preferred pharmacy.
They are also prohibited from charging patients who have insurance a higher copay. Pharmacies are required to provide drug pricing date to patients if they request it.
Election Updates
A number of new laws regarding election procedures in the state became effective as of January 1.
All absentee ballots are now required to feature a watermark that is approved by the elections coordinator. The watermark must be verified by a counting board official, and all ballots that do not meet the requirement must be rejected.
The application of convenient vote centers will also be expanded according to another law. This was authorized as a pilot project for Monroe, Williamson, and Wilson counties during the 2020 election and will now allow the same pilot project for Sullivan, Sumner, and Weakley counties for the 2022 election.
The counties featured during the initial pilot will be permitted to make that program permanent if approved by the elections coordinator.
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Additional Laws
- Several laws were passed that would help to lessen recidivism in Tennessee. Tennessee’s parole board must create a procedure for allowing victims or their representatives to submit an “impact statement video” to be considered at parole hearings. Those would be confidential videos. Another law allows local correctional facilities to create programs to help prevent formerly incarcerated people from returning to prison and would let them partner with nonprofit groups to do so.
- Criminal fines must first be used for victim restitution. Victims have up to two years to file a claim for the compensation.
- Drivers who need assistance with expression or communication during welfare checks or traffic stops can request that their documentation be verified in the state database, which is available to first responders and law enforcement officers.
- TennCare coverage will now include chiropractic services.
- All instate tuition and fees will be waived for the first four courses taken by dual enrollment grant recipients.
About the Author: Jason Vaughn, Media Coordinator for The Tennessee Conservative ~ Jason previously worked for a legacy publishing company based in Crossville, TN in a variety of roles through his career. Most recently, he served as Deputy Directory for their flagship publication. Prior, he was a freelance journalist writing articles that appeared in the Herald Citizen, the Crossville Chronicle and The Oracle among others. He graduated from Tennessee Technological University with a Bachelor’s in English-Journalism, with minors in Broadcast Journalism and History. Contact Jason at news@TennesseeConservativeNews.com
