Lawmakers’ Attempt To Restore Parental Authority Over Child Vaccine Requirements In Tennessee Stonewalled

Image Credit: tn.gov

The Tennessee Conservative [By Olivia Lupia] –

This year, a conservative bill was shelved by the Republican supermajority that would have eliminated parental responsibility for vaccinating children amidst legal opinions that states have the right to institute vaccine requirements and concerns that childhood vaccination rates would fall.  

Sponsored by Rep. Susan Lynn (R-Mt. Juliet- District 57) and Sen. Janice Bowling (R-Tullahoma-District 16), HB1156 would have removed the state’s requirement that parents vaccinate children using the Center for Disease Control (CDC) or American Academy of Pediatrics (AAP) schedules.

It would not have eliminated any existing immunization laws for schools, preschools, or childcare facilities but instead ensured state law did not mandate compliance with ever-shifting federal vaccine recommendations.

Back in March of this year, Rep. Lynn went before the House Population Health Subcommittee and argued that the current law is unconstitutional since the state is “delegating” authority to CDC and AAP and both agencies operate outside Tennessee’s jurisdiction and accountability.

“We have not looked into the CDC’s ever-growing list of vaccinations, that ever-growing vaccine schedule. We have not looked into it at all. So we are simply delegating all of our rights to the CDC- giving up everything to the CDC,” Lynn said during the committee meeting.

“Also, because this is in the law and if a parent doesn’t do that, it can be said they are in violation of the law,” Lynn said her legislation would signal that parents would “ not be charged with a misdemeanor if you’re not following current law.”

Conservative group Tennessee Stands called the legislation a “necessary step in restoring parental rights over medical decisions” which would have been a “strong stance for medical freedom, parental rights, and state sovereignty over public health policy” and ensured “vaccination decisions remain where they belong- in the hands of parents, not the government.”

Ultimately, the bill was sent to a yet-to-happen summer study after a legislative attorney contradicted Lynn’s statements, saying the law does not include any legal penalties for parents who don’t comply. “A parent would not be civilly liable or criminally prosecuted for not abiding by current law with the responsibility of vaccinating their child,” the lawyer stated.

Some Republicans on the committee claimed the Supreme Court ruling in Jacobson v Massachusetts from 1905 gives states the authority to limit individual liberties by requiring vaccines to protect public health and safety. Meanwhile, Democrats expressed concern that should the state remove parental responsibility from the vaccination law, childhood vaccination numbers would decline.

According to the CDC, 64.4% of 24-month-olds in Tennessee received the recommended doses of the current vaccine series. Currently, Tennessee schools require at least 7 different vaccines for enrollment or one of two exemptions recognized by Tennessee law.

The Senate companion to the bill, SB1030 was referred to the Senate Judiciary Committee but was never heard. Summer studies are generally used to shelve debate on a measure for the rest of the legislative session, and neither Lynn nor Bowling have yet indicated if they intend to pursue it next year.

About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.