Amended “Red Flag” Bill That Expands Mandatory Reporting Passes Tennessee House
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.
Whatever happened to Doctor/Patient confidentiality? Subjective judgement is catchall phrase that sounds scientific but isn’t. Do these legislators really think that after this thing becomes law, a truly dangerous person is going to his shrink and confess he’s going to kill someone. That “subjective judgement” with immunity takes away due process because the person “subjectively judged to be a threat has no recourse if the shrink is wrong. I cry Bs on such a proposal and I guarantee it will come back to haunt you should the Governor be addled enough to sign it.
This is a slippery slope. How many amendments away from full gun control and confiscation are we? Let’s hope if rino Lee will have the intestinal fortitude to not sign this bs bill.
The Republican supermajority that introduced and passed this bill is veto-proof.
RINO Lee will sign it because he’s a RINO
I moved to TN 7 years ago this year to escape a State that was stripping our rights from us. I emailed my representatives in opposition to this bill. I moved from a State that had Red Flag laws. I saw an ex who was hurt call on their former partner for no real reason other than they were hurt and wanted to lash out. Over 8 years later, though not guilty of any crime, his guns have not yet been returned.
It is 100% wrong in all cases and for any reason to waive due process “in the interest of protecting someone” and starts this State down the path of taking people’s rights away and punishing people as guilty until proven innocent. That is not how things are supposed to work and is 100% wrong. I know where this path leads as I have watched it in the State I fled. I will keep speaking up and fighting for our rights in this amazing and beautiful State. I love it here and will keep fighting for out rights and speaking out against tyrannical government overreach such as this bill.
Why are we voting for Republicans? I have never seen so many rinos in one place in my entire life.
Is their anyone else to vote for.
We need a new party.
I am now thinking that many of our so called Republican legislators are actually Dems who have pretended to Republicans in order to be elected. (And yes, it does happen!!) I hold our state Republican Party responsible for not doing a better job of vetting these people and not recruiting better candidates. We know that some politicians are bought off to pass legislation contrary to what their constituents want. It is time to hold them accountable and send them home if necessary.