***Update 2.5.24 – HB1625 has been placed on the full House Health Committee calendar to be heard on February 7, 2024. To voice your support or opposition to HB1625, find the committee members contact info HERE and contact them prior to their meeting. ***
Image: Bill Sponsor Rep. Jason Zachary & Chairman David Hawk Image Credit: capitol.tn.gov
The Tennessee Conservative Staff-
A Tennessee Bill That Expands Current Law Requiring Mental Health Professionals To Report The Possibility Of Potential Violent Acts By Their Patients Passed By Voice Vote In The House Health Subcommittee, Led By Chairman David Hawk.
For the vote in the House Health Subcommittee, Chairman David Hawk (R-Greeneville-District 5) chose to use a voice vote to hide the voting records of committee members from public scrutiny. We can only assume Chairman Hawk supports HB1625 and is responsible for its passage. Chairman Hawk could have used a transparent roll call vote but opted for a voice vote to shield committee members and himself from accountability.
The voice vote was recorded solely as “Ayes Prevail.”
According to a statement made by Representative Jody Barrett (R-Dickson-District 69) on the Mill Creek View Tennessee Podcast, all a legislator has to do in order to have their voice vote recorded is give a thumbs up or a thumbs down to the clerk. This means that it is very easy for legislators to put their vote on the record and create transparency with their constituents if they choose to.
However, according to the General Assembly website, no member of the House Health Subcommittee requested to have their votes counted.
The House Health Subcommittee members include:
David B. Hawk (R) – Chair – District 5
Darren Jernigan (D) – District 60
Tom Leatherwood (R) – District 99
Brock Martin (R) – District 79
Paul Sherrell (R) – District 43
Ryan Williams (R) – District 42
Even though a voice vote was taken, in watching/listening to the video, no NAYS were audible.
Last month, The Tennessee Conservative reported on this bill that is being carried in the Tennessee General Assembly that seeks to expand the current law requiring mental health professionals to report the possibility of potential violent acts by their patients.
House Bill 1625 (HB1625) reads: Mental Illness – As introduced, requires a qualified mental health professional or behavior analyst to warn or protect an identified victim or group of people when the professional or analyst determines that a service recipient has communicated an intent for actual threat of bodily harm; requires the professional or behavior analyst to report such threat; provides immunity from civil, criminal, and regulatory liability for a professional or analyst who takes reasonable action to warn or protect identified victims or groups and to report such threat . – Amends TCA Section 33-3-206.
The bill is being carried by Representative Jason Zachary (R-Knoxville-District 14) who, in his presentation of the bill before the House Health Subcommittee, explained the origins of the bill were created through a collaborative effort with some of the Covenant School parents, who also happen to be attorneys.
Current laws in Tennessee read that a mental health professional has: “a duty to predict, warn or take precautions to provide protection… IF AND ONLY If:
(1) a service recipient has communicated to a qualified mental health professional or behavior analyst an actual threat of bodily harm against a clearly identified victim, AND
(2) the professional, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional’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,
THEN
(3) the professional shall take reasonable care to predict, warn of, or take precautions to protect the identified victim from the service recipient’s violent behavior.”
The summary of the bill on the state website emphasizes that the primary changes in the law would be directed at some specific elements.
Perceiving intent of a threat versus an actual threat, an expansion of those for whom the threat is intended (the new bill expands beyond an individual to a group) and if the intent of the threat is perceived, the mental health care provider is required to do the following:
(1) The professional or analyst must take reasonable care to warn of or take precautions to protect the identified victim or group of people from the service recipient’s violent behavior; and
(2) The professional or analyst must report the threat to either the local law enforcement agency with jurisdiction over the municipality or county of residence of the service recipient, or, if the threat is general and not imminent or clearly identified, the local crisis response service.
And finally, and maybe most importantly, a removal of all liability, both civil and criminal should there be damages caused by the actions of a mental health professional simply attempting to obey the new law: “This bill provides that a professional or analyst who acts or makes a reasonable attempt to act in accordance with this bill is not liable for damages in a civil action, subject to prosecution in a criminal proceeding, or subject to disciplinary action by a regulatory board for such act or reasonable attempt to act.”
This expansion raises many questions regarding privacy laws, what happens to the information once it is shared, where it will be stored, who will manage it, how it can be used, and who will have access to it in perpetuity.
All the information being shared is done without any apparent due process.
If the professionals who share the information are wrong about their estimations, and the dissemination of private mental health information leads to serious damages for those who will be falsely accused, who will be responsible for the consequences if those who have been honor bound by their ethics as caregivers are no longer subject to the usual levers of accountability?
Are Tennesseans willing to potentially sacrifice their constitutional rights all in the name of “safety”? It seems we will find out as this bill makes its way to full committee and then to the house floor for a vote.
We will continue to follow this bill as it works its way through the legislative process and report any and all updates on its progress.
16 Responses
Any legislator who votes for a red flag law in Tennessee should be defeated at the polls, no exception, Republican or Democrat. Don’t tread on our second amendment rights or suffer defeat!
Let’s make it simple then – no one can own a gun if they are a democrat, drug user or identify as any gender other than male or female. If these “representatives” want to live in a state like California or New York, move to those states. No matter what these idiots approve, I will not comply.
Come on, be reasonable. Being unreasonable doesn’t help Repubs – it just makes the average person think we’re unreasonable and that the Dems are right about all the crazy things they say. I’m a Repub and think this is a good idea. If someone is crazy and threatening to murder people, like that Covenant shooter, they need to be reported and they shouldn’t have a gun.
Cool. Post your name and address and I’ll show you how easy it is for me to get your guns taken away with no due process.
RINO ALERT!!!!!!!!!! We’re on to you un-American loons!!!! Stop pretending to be a Republican!!!!
Nashville is full of corrupt politicians just like Washington DC. We already have laws that would stop mentally ill people or anyone else that is threatening the public. Enforce the laws on the books and most of the problems stop.
People kill me that don’t think Red Flag laws will be abused or a person’s Constitutional rights will be taken away. I suppose we need to start sending our representatives letters written in crayon. Feel good legislation has never worked and never will.
The Republican Party is Useless.
Join Our Country Our Choice with Col. Dough McGreggor.
https://ourcountryourchoice.com/
These spineless politicians especially ones that have never served our Country want to pass laws but are as useless as tits on a boar hog and don’t have the guts to put their name down as yay or nay. Spineless
Hb1625: considering the confidential relationship on patient/Healthcare rep, would it be prudent to have to advise the patient (ar beginning of service) any violent thoughts shared toward a group or individual must be shared with law enforcement.
In the law, the least that should be added is they ARE NOT REQUIRED to tell the patient at the onset of the service
If you don’t like back door Red Flag Gun Confiscation Laws in Tennessee, then you have 49 other states that you can pack your stuff up and move to. Snollygoster Jason Zachary approved this message
If Tennessee had an actual gun lobby group, they would have been calling out these liberals with R’s next to their names by name and publically for a decade now…
But you don’t!!!
And which of these organizations are you a paid up member of? Tell me which of the groups aren’t working to stop this nonsense. Most of you wouldn’t spend a dime of your money to help but are the first ones to bitch when things go wrong.
Red Flag Laws were born in Socialist Los Angeles.
They are a criminals dream come true.
They are written in such a way as to protect criminal mass shooters and the Mental Health Care Doctors that prescribe dangerous drugs that may induce violence.
All mass shooter incidents should list the dangerous Meds the individual was prescribed and the individual/Doctor that prescribed them. Said individual should also be charged with Accessory to Murder After the Fact.
That is a true Red Flag Law and not those that protect criminals.
It is up to the representative that provides the bill, in other words, ZACHARY can ASK for a roll all vote AHEAD OF HIS TESTIMONY and they are REQUIRED to give it. It is not the Chairman’s responsibility. He may be able to decide, but HAS TO FOLLOW THE REQUEST if it is made. So blame Zachary.
What these Politicians haven’t realized yet,
the “Reason” Citizens have Guns is to “USE THEM” to prevent State/Federal Government from taking/denying any of their “Rights”, and especially the “Bill of Rights”.
There’s more than just the Second Amendment in those Rights, there’s a guarantee of a trial by Jury, and once Citizens realize they have as much/more at stake than the 2A,
The state might find it’s self in an impossible situation of getting a guilty verdict,
I think we need to inform citizens that “NASHVILLE” laws are not even good toilet Paper when “WE THE PEOPLE” refuse to condemn.
The State of TN took money from the Feds that came with conditions involving passage of a red flag law. That was the purpose of Cuckold Bill Lee’s legislative circus over the summer. We know these laws are sold as a lie. A crazy transgender will always get a pass; anyone else will have to prove they aren’t crazy. The basis of our legal system is inverted. What else did Bill, and his cronies, commit us to in the name of Federal cash? Is that why there is no resistance from TN GOP to bussing in border invaders and dumping them in the state?
Ok
I get it.
Abuse of power.
No due process.
No family members to have custody.
Confiscated personal property to be forfeited for eventual, claim by individual police officers, auction or destruction.
No reimbursement to the individual or family.