Employees, Employers - As enacted, requires certain employers with a mandatory COVID-19 vaccination policy to grant exemptions based on medical reason or religious reason; makes other related changes. - Amends TCA Title 14.
Companion bill has been assigned Public Chapter Number 644 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB1867Date
    Comp. became Pub. Ch. 64403/15/2022
    Comp. SB subst.02/24/2022
    Sponsor(s) Added.02/24/2022
    Sponsor(s) Added.02/22/2022
    H. Placed on Regular Calendar for 2/24/202202/17/2022
    Placed on cal. Calendar & Rules Committee for 2/17/202202/16/2022
    Rec. for pass, ref. to Calendar & Rules Committee02/15/2022
    Placed on cal. Commerce Committee for 2/15/202202/09/2022
    Rec. for pass. if am., ref. to Commerce Committee02/09/2022
    Sponsor(s) Added.02/07/2022
    Sponsor(s) Added.02/03/2022
    Placed on cal. Civil Justice Committee for 2/9/202202/02/2022
    Sponsor(s) Added.02/01/2022
    Rec for pass if am by s/c ref. to Civil Justice Committee02/01/2022
    Sponsor(s) Added.01/31/2022
    Placed on s/c cal Civil Justice Subcommittee for 2/1/202201/26/2022
    Assigned to s/c Civil Justice Subcommittee01/26/2022
    P2C, ref. to Civil Justice Committee -- Commerce Committee01/24/2022
    Sponsor(s) Added.01/20/2022
    Intro., P1C.01/20/2022
    Filed for introduction01/19/2022
    Actions For SB1823Date
    Effective date(s) 03/11/202203/15/2022
    Pub. Ch. 64403/15/2022
    Signed by Governor.03/11/2022
    Transmitted to Governor for action.03/02/2022
    Signed by H. Speaker03/01/2022
    Signed by Senate Speaker02/28/2022
    Enrolled and ready for signatures02/28/2022
    Sponsor(s) Added.02/24/2022
    Passed H., Ayes 64, Nays 18, PNV 002/24/2022
    Am. withdrawn. (Amendment 1 - HA0498)02/24/2022
    Subst. for comp. HB.02/24/2022
    Engrossed; ready for transmission to House02/24/2022
    Passed Senate as amended, Ayes 26, Nays 502/24/2022
    Senate adopted Amendment (Amendment 1 - SA0484)02/24/2022
    Placed on Senate Regular Calendar for 2/24/202202/22/2022
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 1 PNV 002/15/2022
    Placed on Senate Commerce and Labor Committee calendar for 2/15/202202/09/2022
    Sponsor(s) Added.02/03/2022
    Sponsor(s) Added.02/02/2022
    Sponsor(s) Added.01/27/2022
    Passed on Second Consideration, refer to Senate Commerce and Labor Committee01/26/2022
    Introduced, Passed on First Consideration01/24/2022
    Filed for introduction01/20/2022
  • AmendmentsFiscal Memos
    HA0498Amendment 1-0 to HB1867Fiscal Memo for HA0498 (13342)  
    AmendmentsFiscal Memos
    SA0484Amendment 1-1 to SB1823Fiscal Memo for SA0484 (13342)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB1867

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    This bill requires an employer with a mandatory COVID-19 vaccination policy to grant an exemption to a person if:

    (1) The person provides a medical exemption supported by a statement that has been signed and dated by a licensed healthcare provider; or

    (2) The person states that the person has a religious belief which prevents the person from complying with the policy.

    This bill prohibits an employer from:

    (1) Taking longer than two business days to grant or deny the person's request for an exemption;

    (2) Denying a request for an exemption without a written statement explaining why the request was denied;

    (3) Discharging, threatening to discharge, or reducing the compensation of a person who is granted an exemption; or

    (4) In regard to a religious exemption, requiring the person to provide proof beyond the person's initial statement to be granted an exemption.

    A violation of this bill is punishable by a civil penalty of $10,000. This bill requires the attorney general and reporter to establish a process by which reports of violation of this bill may be reported. The attorney general institutes a proceeding involving alleged violations of this bill by bringing an action in the Davidson County chancery court or the chancery court in the county where the employer is located.

    Under present law, a private business, governmental entity, school, or employer does not have to comply with certain present COVID-19-related laws if the business, entity, school, or employer submits notice in writing to the comptroller that compliance would result in a loss of federal funding, to the extent such an exemption is necessary to conform to federally awarded or amended contracts, subcontracts, or postsecondary grants as a condition to receipt of federal funds. This bill specifies that, notwithstanding that present law provisions, employers are not exempt from this bill.

    This bill specifies that a healthcare practitioner that provides a signed statement supporting an exemption from a COVID-19 vaccination policy is acting within the practitioner's scope of practice, immune from civil liability, and protected from disciplinary action by a health-related board.

    ON FEBRUARY 24, 2022, THE SENATE ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1823, AS AMENDED.

    AMENDMENT #1 makes various changes to this bill as follows:

    (1) Specifies that this bill applies to employers who employ one or more persons and are not subject to the provision of present law that prohibits a private business, governmental entity, school, or LEA from compelling or otherwise taking an adverse action against a person to compel the person to provide proof of vaccination if the person objects to receiving a COVID-19 vaccine for any reason;

    (2) Defines "staff member" for purposes of identifying persons who must be granted an exception from an employer's COVID-19 vaccination requirement under this bill. A "staff member" is a person required by an employer to provide proof of vaccination or receive the COVID-19 vaccine, including:

    (A) A person employed by an employer, as of the date this bill becomes a law, and is required by the employer to provide proof of vaccination or receive the COVID-19 vaccine; and

    (B) A person required by the employer to provide proof of vaccination or receive the COVID-19 vaccine, who is a licensed health care worker or a student pursuing a course of study for the purpose of becoming a licensed health care worker, and who, as of the date that this bill becomes a law, has been granted permission by a licensed health care facility to be present in the facility to care for or attend to patients or for clinical education;

    (3) Revises the circumstances under which an employer that requires a staff member to provide proof of vaccination or receive the COVID-19 vaccine is required to grant the staff member an exemption to the requirement. Under this amendment, the exemption must be granted if:

    (A) The staff member's request for a medical exemption is supported by a statement signed and dated by a licensed physician that the staff member has a condition recognized under generally accepted medical standards as a basis for the medical exemption; or

    (B) The staff member attests in writing that the staff member has a sincerely held religious belief that prevents the staff member from complying with the requirement in accordance with guidance from the federal centers for medicare and medicaid services;

    (4) Increases from two to 10 the number of days within which an employer must grant or deny a request for an exemption;

    (5) Adds reduction of benefits or hours to the type of action that an employer will be prohibited from taking in retaliation against a staff member who requests an exemption;

    (6) Specifies that this bill does not:

    (A) Impose a duty or liability on an employer for acts or omissions prior to the date that this bill becomes a law;

    (B) Require an employer to change a determination made prior to the date that this bill becomes a law, except that a staff member who was terminated for not complying with a COVID-19 vaccine mandate and that termination would have been covered by this bill may reapply for employment and shall not be denied employment solely because the staff member sought an exemption prior to the date that this bill becomes a law; or

    (C) Require an employer to take or refrain from an action contrary to enforceable requirements imposed by the federal centers for medicare and medicaid services;

    (7) Authorizes the attorney general to bring an action to enjoin further violations of this bill, as well as seeking the $10,000 civil penalty;

    (8) Requires that a civil penalty awarded under this bill be deposited in the general fund;

    (9) Requires that the loser pay attorneys' fees and costs in an action brought under this bill, except that costs must not be taxed against the attorney general and reporter;

    (10) Establishes jurisdiction for an action brought pursuant to this bill as the chancery or circuit court of Williamson County or the chancery court in the county where the employer is located; and

    (11) Limits authorization to provide exemption statements to licensed physicians acting within the context of a physician-patient relationship.

  • FiscalNote for HB1867/SB1823 filed under HB1867
  • House Floor and Committee Votes

    House moved to substitute and conform to SB1823

    SB1823 by Johnson - FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 2/24/2022
    Passed
              Ayes...............................................64
              Noes...............................................18

              Representatives voting aye were: Alexander, Baum, Bricken, Campbell S, Carringer, Casada, Cepicky, Cochran, Crawford, Curcio, Darby, Doggett, Eldridge, Faison, Garrett, Gillespie, Grills, Halford, Hall, Haston, Hawk, Hazlewood, Helton, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Lafferty, Lamberth, Leatherwood, Lynn, Mannis, Marsh, Moody, Moon, Ogles, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sexton J, Sherrell, Smith, Sparks, Terry, Todd, Travis, Vaughan, Vital, Warner, Weaver, White, Whitson, Williams, Windle, Wright, Zachary, Mr. Speaker Sexton C -- 64.
              Representatives voting no were: Beck, Camper, Chism, Clemmons, Dixie, Hakeem, Hardaway, Hodges, Jernigan, Johnson G, Lamar, Love, Miller, Mitchell, Parkinson, Powell, Thompson, Towns -- 18.

              HB1867 by Zachary - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 2/24/2022 2/17/2022
              Voice Vote - Ayes Prevail

              HB1867 by Zachary - HOUSE COMMERCE COMMITTEE:
    Rec. for pass. if am., ref. to Calendar & Rules Committee 2/15/2022
              Voice Vote - Ayes Prevail Rep(s). Hodges, Powell, Thompson requested to be recorded as voting No

              HB1867 by Zachary - HOUSE CIVIL JUSTICE COMMITTEE:
    Rec. for pass. if am., ref. to Commerce Committee 2/9/2022
              Voice Vote - Ayes Prevail Rep(s). Clemmons, Stewart requested to be recorded as voting No

              HB1867 by Zachary - HOUSE CIVIL JUSTICE SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Civil Justice Committee 2/1/2022
              Voice Vote - Ayes Prevail Rep(s). Clemmons requested to be recorded as voting No

    Senate Floor and Committee Votes

    SB1823 by Johnson - FLOOR VOTE: as Amended Third Consideration 2/24/2022
    Passed
              Ayes...............................................26
              Noes................................................5

              Senators voting aye were: Bailey, Bell, Bowling, Briggs, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lundberg, Massey, Niceley, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Walley, Watson, White, Yager, Mr. Speaker McNally -- 26.
              Senators voting no were: Akbari, Campbell, Gilmore, Kyle, Yarbro -- 5.

    SB1823 by Johnson - SENATE COMMERCE AND LABOR COMMITTEE:
    Recommended for passage, refer to Senate Calendar Committee 2/15/2022
    Passed
              Ayes................................................8
              Noes................................................1

              Senators voting aye were: Bailey, Johnson, Niceley, Reeves, Southerland, Swann, Watson, Yager -- 8.
              Senators voting no were: Akbari -- 1.