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Dr. Mauck Act Clears Senate Judiciary, Independent Practice for Psychiatric NPs on Notice

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Dr. Mauck Act Clears Senate Judiciary, Independent Practice for Psychiatric NPs on Notice

A bill named after the late orthopedic surgeon from Collierville, Dr. Benjamin Mauck, passed out of the Senate Judiciary Committee on Tuesday with only one vote in opposition.

SB1709/HB1628 carried by Sen. Joey Hensley, MD (R-Hohenwald) and Rep. Scott Cepicky (R-Culleoka) expands the definition of assaultive offenses to include actions taken in a healthcare facility, including physician offices. The bill increases the penalty for knowingly committing assault under these circumstances to a Class A misdemeanor punishable by 30 days in jail and a $5,000 fine, and aggravated assault to a Class C felony punishable by 90 days in jail and a $15,000 fine, respectively. If passed, the law would align Tennessee with 40 other states that have already established laws creating or increasing penalties for violence against healthcare workers.

Dr. Mauck’s family traveled from Memphis on Tuesday to testify in favor of the legislation. His brother, Sam, delivered an emotional family impact statement that spoke of the late physician’s candor, spirit, and unwavering commitment to the patients he served. A recording of the testimony can be viewed here.

The measure was expected to face some opposition in the Senate due to philosophies about establishing new classes of offenses based on employment, as well as resistance to enhancement laws in general. Despite this, the bill successfully advanced on a vote of 6 ayes, 1 nay, and 1 present not voting.

With a small fiscal impact to the state, the bill now heads to the Senate Finance, Ways, and Means Committee where it joins its House companion. Pending budgetary discussions by the Tennessee General Assembly, it will be reviewed closer to the end of session before heading to the floor for a final vote.

INDEPENDENT PSYCHIATRIC NURSE PRACTITIONERS

A measure seeking to grant psychiatric nurse practitioners independent practice has been resurrected from last year’s special session and is on notice in the Senate Health & Welfare Committee next week.

As filed, SB2135/HB2727 by Sen. Shane Reeves (R-Murfreesboro) and Rep. Jeremy Faison (R-Cosby) would authorize advanced practice registered nurses (APRNs) with a psychiatric mental health designation to diagnose, create a plan of care, issue orders, and prescribe drugs and other treatments without a collaborating physician. The bill requires that nurse practitioners granted this designation be issued a certificate of fitness and provide satisfactory proof showing the completion of at least three years or 6,240 hours of full-time practice before being allowed to practice independently. The language specifies that “full-time practice” does not include work performed as part of a clinical or other training environment.

As the state continues to grapple with a major mental health professional shortage, the measure was introduced by the Tennessee Department of Mental Health & Substance Abuses Services as a means to increase access to behavioral health providers with prescribing authority. However, like other independent practice bills introduced before it, the proposal would effectively create a separate and unequal system of care for behavioral health patients in Tennessee: one where underserved communities receive medical care from practitioners who do not have the level of training and expertise of physicians, and one with a physician-led team that ensures the highest quality of care for patients with complex mental health diagnoses.

Last August, TMA’s government affairs team successfully lobbied the governor’s office to halt the proposal before it could be filed during the special session on public safety. Now, the measure has garnered support from the highly influential Sen. Shane Reeves of Murfreesboro, a member of both the Senate Commerce & Labor Committee and Senate Health & Welfare Committee.

With increasing support for independent practice in the upper chamber, TMA is asking members to contact the Senate Health Committee and urge them to vote no on SB2135 when it is considered next Wednesday. Those attending Day on the Hill on Tuesday will have the opportunity to lobby legislators with jurisdiction over the bill before it is heard in committee.

Using the talking points included in our call-to-action linked below, reach out to the members listed. If you are a constituent of any of these members, you can send an email directly through our grassroots platform.

 Not sure who your elected officials are? Find out here.


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