Image Credit: TN General Assembly
The Tennessee Conservative [By Olivia Lupia] –
After passing the House Health Committee, a bill seeking to provide parents with greater transparency about their children’s medical treatments is set to receive a full House vote next week.
HB0853 by Rep. Michele Reneau (R-Signal Mountain-District 27) would ensure that a child’s parent, legal guardian, or custodian can access all their child’s health and treatment records, including for mental health, medical treatments, rehabilitation, prescription records, or for treatments that may have been provided to the child without parental consent.
Local education agencies would still be allowed to provide basic first aid care like bandages, gauze, or ice packs in the treatment of minor cuts, scrapes, and bruises, but the bill makes clear that parents have the right to obtain any and all records for any medical treatment, prescriptions, or rehabilitations issued to their child.
During the committee meeting, Rep. Reneau reiterated this bill is intended to ensure the Tennessee Families’ Rights and Responsibilities Act of 2024 is applied consistently through Tennessee code. According to Reneau, the Act affirmed the fundamental principle of parents having the right to access their child’s medical records and remain involved in their healthcare.
“But unfortunately, not all sections of code were updated to reflect that standard…and that gap has created a real problem for Tennessee families,” she elaborated, referring to a currently open Williamson County case where a mother was unable to obtain records or follow up with the facility where her 16-year-old daughter was receiving mental health treatments.
The provider refused to share any information, citing the current law containing this loophole, and the court ultimately ruled that the treatment records belong to the minor, not the parents, despite the Families’ Rights and Responsibilities Act saying otherwise.
“This loophole effectively overrides the parental rights that we already said previously through the General Assembly legislation that the parents should not have records withheld from them. So, I’m just looking to correct this inconsistency in other parts of the code and clarify that all parents have rights to access their unemancipated child’s medical records,” Reneau stated.
There was testimony in favor of the bill from the Freedom Initiative’s Kayla Garretson and against it from a representative of the Tennessee Association for Marriage and Family Therapy, who claimed that the legislation “attacks the confidentiality that allows us to do our work in mental health, particularly with 16 and 17-year-olds.”
Another speaker, a psychiatrist, representing the Tennessee chapter of the American Association of Pediatrics and the Tennessee Psychiatric Association also objected to the bill, saying that the ideal method of treatment, particularly with adolescents, is to partner with a patient and their parents, but that “in everyday practices, the circumstances are less than ideal. When teens face difficult situations, they need safe spaces to discuss their concerns with a provider they can trust.”
She also stated concerns that the bill would override the ability of providers to keep treatment confidential when a child could be in a situation of abuse or harm, but Rep. Reneau clarified the language ensures that is not the case, as it explicitly puts those guardrails in place and specifies the treatments that are permitted without parental consent.
The committee voted 11-7 in favor of the bill, with Republicans Ron Travis and Mark White voting “No”. Republicans John Gillespie and Bryan Terry marked themselves “Present Not Voting”. All “Yes” votes were from Republicans.
HB0853 has been scheduled for a full House vote on Thursday, April 2. If you wish to contact your Representative in support of this legislation, use this tool to find their information.
The Senate companion, SB0259, unanimously passed the Senate Education Committee and is set to be heard by the Senate Health and Welfare Committee on Wednesday, April 1.
To contact members of this committee, use the information below:
Senate Health and Welfare Committee– SB0259 to be heard on April 1
SB0259 Ensures parents can access all their child’s health and treatment records
Sen.rusty.crowe@capitol.tn.gov; sen.ferrell.haile@capitol.tn.gov; sen.bobby.harshbarger@capitol.tn.gov; sen.joey.hensley@capitol.tn.gov; sen.ed.jackson@capitol.tn.gov; sen.becky.massey@capitol.tn.gov; sen.shane.reeves@capitol.tn.gov; sen.bo.watson@capitol.tn.gov; sen.jeff.yarbro@capitol.tn.gov
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.
