Bill Requiring Parental Consent For Vaccination Passes In House Committee And On Senate Floor
Image Credit: capitol.tn.gov
The Tennessee Conservative [By Adelia Kirchner] –
Yesterday, a bill requiring the written consent of a parent or legal guardian before a healthcare professional can provide a vaccination to a minor, was heard in the House Government Operations Committee.
The legislation, titled the “Mature Minor Doctrine Clarification Act” counteracts Tennessee’s Mature Minor Doctrine which allows minors to make their own medical decisions without informing their parents, so long as the child is deemed “mature” by their physician.
During a House committee meeting on April 10th, bill sponsor rep. John Ragan (R-Oak Ridge-District 33) explained House Bill 1380 (HB1380) as a clarification of the mature minor doctrine which he said, “has been misinterpreted and shall we say, abused somewhat.”
Rep. Ragan went on to state that in passing this bill they would be “giving parents back their rights to make medical decisions for their children.”
HB1380 was then put to a voice vote and unanimously passed out of committee. The bill will soon be scheduled for consideration on the House floor.
Corresponding Senate Bill 1111 (SB1111) is sponsored by Sen. Janice Bowling (R-Tullahoma-District 16) and was also heard yesterday on the Senate floor.
Sen. Richard Briggs (R-Knoxville-District 7) stood in what seemed to be opposition and questioned whether a minor who was a parent would be able to make vaccination decisions for their child, and if that was the case, why the minor parent would not be able to also make such decisions for themselves.
Although Sen. Bowling’s answer could have been a bit clearer, the bill text is quite straightforward on the matter and states that for the purposes of this legislation, the term “minor” does not include an individual who “is the parent of a minor child and has full custody of that minor child.”
Sen. Jeff Yarbro (D-Nashville-District 21) stated his opposition as well saying, “It is a relatively well-established fact that foster homes are far less likely to take someone who is not vaccinated, but we are creating this pathway where it is almost impossible for them to be vaccinated [under DCS approval] in that circumstance.”
To be clear, this legislation would in fact prohibit state agencies like the Department of Children’s Services (DCS) from providing vaccines to children in state custody without parental permission. However, this would only apply in cases where parental rights have not been terminated.
Sharing a similar opinion to that of the House bill sponsor, Sen. Bowling maintained that there has “been a misrepresentation of the mature minor doctrine for quite a while.”
According to Sen. Bowling, the mature minor doctrine was actually meant to be used in a court of law.
“It [the bill] just recognizes the fact that the mature minor doctrine was a judicial tort doctrine,” she said, “It is not Tennessee common law and in Tennessee we’ve always recognized, parents have responsibility and authority for their children till the age of eighteen.”
SB1111 was ultimately passed in the Senate by a 21-6 vote, with Republican Sen. Briggs and Democrat Senators Akabri, Campbell, Kyle, Lamar, and Yarbro maintaining the six nay votes.
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.
