Senator Joey Hensley, MD: Tennessee 28th District Capitol Hill Week in Review

New law ensures 911 operators are trained for CPR – Legislation is set to become effective January 1 to ensure 911 operators across the state are prepared to provide cardiopulmonary Resuscitation (CPR) instructions to a caller in an emergency situation. Previously, not all counties allowed 911 operators to run callers through CPR instructions. According to the American Heart Association, each year an estimated 350,000 sudden cardiac arrest (SCA) events occur in the United States in an out-of-hospital environment. Almost all of these events result in a call for help to 911. Without quick intervention in the form of cardiopulmonary resuscitation (CPR) and defibrillation, death from SCA is certain. The new law ensures all 911 operators in the state will provide telecommunicator cardiopulmonary resuscitation (T-CPR), as well as receive proper training to administer it. Telecommunicators are the true first responders and a critical link in the cardiac arrest chain of survival. A telecommunicator can make the difference between life and death. The legislation also includes liability protection for those providing this service.

New law seeks to support veterans in crisis -- Legislation seeking to support and protect Tennessee veterans will be effective on January 1. It requires the Department of Veterans Services (DVS) to provide training in suicide prevention to their employees who directly interact with veterans. The training is available free of charge to DVS through suicide prevention networks, with the goal of getting these veterans the help they need to save lives.

Legislation raises the minimum age to purchase tobacco products to 21 – A new law which I sponsored will become effective as we ring in 2021 to raise the age from 18 to 21 to purchase, possess, transport, smoke or consume any tobacco, hemp or vapor products. Last December, President Trump signed into law a provision in the federal budget making it a violation to sell tobacco products to anyone under the age of 21, including e-cigarettes and vaping cartridges. The new law puts state statutes in harmony with federal law and ensures that Tennessee will continue to receive $32 million in federal block grant funds.

Tennessee Pregnant Workers Fairness Act passes – To ensure pregnant workers have reasonable accommodations in the workplace, the legislature approved the Tennessee Pregnant Workers Fairness Act during the 2020 legislative session. The new law, which will become effective January 1, sets a presumption that any reasonable accommodations provided for employees with medical conditions be extended to employees who are pregnant. It also establishes clear guidelines for employers and employees on how to navigate pregnancy in the workplace.

The legislation guarantees that if a pregnant woman talks with her doctor and needs a temporary reasonable accommodation to remain healthy and working, she will receive that accommodation unless it would be a hardship on the business. Examples of accommodations include a stool to sit on, extra restroom breaks, temporary limits on lifting, or even the availability of water. Increased access to water, reduced exposure to chemicals, decreased standing requirements and other reasonable accommodations will lessen a mother’s risk of going into an early labor, according to expert testimony heard in the Senate Health and Welfare Committee earlier this year. Persons violated under provisions of the act can seek recourse by bringing a civil action in the appropriate court. Alternatively, the issue could also be resolved by the Uniform Administrative Procedures Act before going to court.

Legislation addresses regulation of emerging peer-to-peer car sharing -- Legislation is set to be enacted on January 1 which sets up a regulatory process for the emerging peer-to-peer car sharing industry. The measure aims to encourage the advancement of such new technologies, while putting guardrails around it to ensure consumers are protected and tax equity is applied.Car sharing allows private car owners to rent out their vehicle via an online and mobile interface. Online platforms accommodate such transactions similar to the way Airbnb facilitates peer-to-peer home rentals and Uber and Lyft operate ridesharing services through an application. The highest profile company facilitating car sharing is Turo. The legislation sets minimum insurance requirements and specifies which party’s policy is responsible for the coverage during the duration of the ride sharing period. It also requires peer-to-peer car sharing companies to have an agreement with an airport before executing transactions there like those required of other vendors. In addition, it clarifies car sharing companies operating above the $100,000 threshold are subject to the state’s new marketplace facilitator law and are collecting and remitting sales taxes.

Legislation lowers minimum years of service for retirement for correctional officers, emergency services personnel -- Legislators voted this year to approve legislation that reduces the minimum number of creditable service years required for a correctional officer or emergency medical services personnel to retire from 30 to 25. If the employee chooses to retire at 25 years it would be with some reduced benefits. The law will become effective on January 1.