Please read this page and take action.
Note: It is very important to read the page and understand what’s going on before you take further action.
The Premise
When a person is brought to a hospital in Tennessee and a healthcare provider decides to send him to a mental institution, current state law has the Sheriff do the driving.
Set aside all concerns about mental institutions for a moment, and just consider this trip. The person is already upset and has committed no crime, yet he is placed–sometimes in handcuffs–into a law enforcement vehicle and hauled away.
Assuming the law requires such a trip, wouldn’t it be better for the person if he were taken by a friend, family member or clergy person? Wouldn’t that at least make an extremely horrible moment just a little bit better? We think so, and by unanimous vote, so did the House and Senate of the Tennessee Legislature when they approved Senate Bill 0442 (SB 442).
Considering the added benefit of cost savings for the Sheriff’s department, it seems everyone wins.
Basic Protection
SB 442 includes a bit more.
Suppose there is a problem during the ride. The person becomes extremely upset, hurts himself or jumps out at a stoplight (or in motion). The driver could have some liability, right?
Wouldn’t that make it a bit dangerous to be the driver? Friends or clergy might think twice or refuse to make the trip, defeating the whole purpose of the Bill.
So let’s make sure these drivers are granted immunity. That seems fair. Tennessee already has Good Samaritan laws that protect those who are trying to help in an emergency.
SB 442 adds some special immunity for these drivers. Ok.
Going Too Far
In spite of the apparent benefits, SB 442 has some serious side effects.
Imagine you are a lawmaker. There are dozens or hundreds of bills up for consideration. A person you trust summarizes the meaning of SB 442 as above. It’s a short bill, seems to match the summary, seems to make sense. You vote “Aye” and on to the next topic.
Should lawmakers read every word of every bill, understand them all, consider all consequences? Yes, of course. Do they? No, of course not. Right or wrong, that is not what happens. They count on their own experience and the opinions of trusted advisors – colleagues, lobbyists, constituents. Whoever they count on. You would possibly do the same after a time in office.
So you vote “Aye” and on goes the Bill, with this little provision which escaped your notice:
SECTION 1. Tennessee Code… is amended by adding the following language…
A hospital, treatment resource, or health care provider shall be immune from any civil liability and shall have an affirmative defense to any criminal liability arising either from a determination relative to admission of a person to a facility or treatment resource or from the transportation of a person to and from the hospital or treatment resource.
What??? What does that mean? Was it easy to read? You’re a lawmaker, your friend has told you what the bill is about, it seems to match. Right?
Let’s break it down:
These people:
A hospital, treatment resource, or health care provider
Get immunity:
shall be immune from
from being sued by an individual:
any civil liability
or prosecuted for a crime:
and shall have an affirmative defense to any criminal liability
for one of two things:
arising either
this:
from a determination relative to admission of a person to a facility or treatment resource
or this:
or from the transportation of a person to and from the hospital or treatment resource.
Read It Again
Look at that last part again. Immunity for a determination relative to admission of a person to a facility or treatment resource? Couldn’t that apply to any decision made regarding putting a person into a psychiatric hospital?
We think so.
And we don’t like it. It grants immunity to healthcare providers and others who are making decisions that affect our lives, in some cases quite literally life-or-death decisions.
Tennessee already has laws that prescribe the conditions and process for putting a person into a psychiatric hospital. This is called “involuntary commitment” or “civil commitment.” Wouldn’t this Bill allow someone to make a very serious mistake (or intentional “error”) with absolutely no repercussion or obligation?
We think so, and we don’t like it.
What other professional is granted immunity? Is your accountant immune? Your attorney? Your auto mechanic, plumber, financial adviser? Even doctors are not immune – that’s why they carry malpractice insurance. But when it comes to involuntary commitment, those with the power to decide a person’s fate could do so without concern for procedure, law, regulations, potential risks or recourse.
Had this been caught earlier, surely the lawmakers would have deleted that portion. It is not required to fulfill the purpose of the Bill. But that did not happen.
The Problem
The careful reader noted above: SB 442 has passed unanimously in both the House and Senate.
It has been with the Governor of Tennessee for over a week now. We want him to Veto SB442.
He has to take action and veto: if he approves or doesn’t do anything, it will be a law in just a few days. He cannot amend the Bill himself.
The Governor of Tennessee is not a bad man by any means, and we are putting him in a very difficult position. He took office in January 2011, and did not issue his first veto until May 2012. Later that month, he issued his second and that’s it.
He has typically worked closely enough with lawmakers to be able to approve their legislation.
And we have here a Bill which went through unopposed by any Democrat, Republican, Rural, Urban, Rich or Poor. If you read the first couple sections above, you can see why that is the case. Vetoing the Bill will mean that those who sincerely wanted to make it easier on patients being transported will have to wait until next time to put this Bill through again.
But still, we want him to Veto SB442.
And we think you can see why that’s the case as well.
Action
If you have not already done so, ask the Honorable Governor Bill Haslam to Veto SB442. Be as passionate as you like, but please be civil and rational. Consider the circumstances.
Make it clear up front what you want, give a few of your reasons. Keep it short, like a paragraph.
If you live in Tennessee:
Call: (615) 741-2001
If you live in another state:
Please email. Don’t act like you live here, just sign your name with your city and state and say why it’s important to you.
If you like social media: