Tennessee Caption Bill That Changes Definition Of “Informed Consent” Will Enable DCS To Vaccinate Foster Kids Without Parental Consent

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The Tennessee Conservative [By Kelly M. Jackson] –

Last year a bill, The Clarification Act, that protects children from being vaccinated without the informed consent of a parent was passed by the Tennessee General Assembly and signed into law by Governor Bill Lee.

This week, the General Assembly has advanced a bill that would add language to that law, making allowances for someone other than the biological parent to give consent for medical procedures, including vaccinations.

Critics of this new bill assert that the new language in the bill undermines The Clarification Act by allowing for consent for treatment to be given to someone other than the parent, and additionally, changing the definition of “Informed consent” thus weakening the protections put in place just last year. 

Caption Bill HB2902/SB2176 states, “Health Care – As introduced, removes from code an outdated requirement that the polysomnography professional standards committee hold at least one public meeting each year during the years 2007 through 2010 to allow public discussion of new developments in the practice of polysomnography. – Amends TCA Title 4; Title 14; Title 49 and Title 63.”

The caption text of the bill is misleading and appears to have nothing to do with the subject at hand which is administering medical treatment of any kind to minors without parental consent. 

The primary issue, and the need for the bill according to its sponsors, Representative Dr. Sabi ‘Doc’ Kumar (R-D66-Springfield) and Senator Joey Hensley (R-D28-Hohenwald) is that in the case where the parent of a child is not available to give informed consent for treatment of their child, another responsible party can consent to treatment of the child with no legal consequences.

How this is achieved is through the change of the definition of “Informed consent”.

The bill’s amendment defines informed consent as simply written consent, either on paper or electronic transmission, from “a parent or legal guardian of a minor to the vaccination of the minor or for all future vaccinations of the minor recommended by the minor’s healthcare provider”. 

This definition strays from what is traditionally understood to be informed consent, in that one would be informed of the possible side effects or dangers in a medical treatment and can then either give consent or not. 

Grassroots advocates for medical freedom, Tennessee Stands, are critics of the bill’s language, stating, “This is a terrible definition and absurd concept. “Informed consent” means a parent is given, at the very least, information about the risks and benefits of a vaccine, information about the targeted disease, treatments for the disease, and alternatives to vaccination, and after considering that information, either consents or declines.”

They continued, “As explained in the Clarification Act, “The National Childhood Vaccine Injury Act of 1986 (42 U.S.C. § 300aa-26) requires, prior to the administration of a vaccine listed in the vaccine injury table to a minor, that healthcare providers provide the vaccine information statement from the centers for disease control and prevention to the legal representatives of the minor.” Congress put that requirement into law because they were afraid that when they removed liability from vaccine makers and doctors, parents and children could be at risk from vaccine harm with no recourse. They wanted parents to be fully informed before making a decision! The original information statements were 12-page pamphlets! Today, they are just one page, but they are better than no information at all.”

The organization also points out that with the passage of this bill, Department of Children’s Services in Tennessee who were forced to stop the vaccination of all children in their care, can now continue with those vaccinations, without parental consent, because the bill would grandfather all those children who were under the protections of The Clarification Act, into the new law as it is reconstituted. 

The bill has passed through the committee process in both the House and Senate,  and is next scheduled for debate and a vote on the floor of both chambers of the General Assembly.

About the Author: Kelly Jackson is a recent escapee from corporate America, and a California refugee to Tennessee. Christ follower, Wife and Mom of three amazing teenagers. She has a BA in Comm from Point Loma Nazarene University, and has a background in law enforcement and human resources. Since the summer of 2020, she has spent any and all free time in the trenches with local grassroots orgs, including Mom’s for Liberty Williamson County and Tennessee Stands as a core member.  Outspoken advocate for parents rights, medical freedom, and individual liberty. Kelly can be reached at kelly@tennesseeconservativenews.com.