NASHVILLE, Tenn. (WKRN) — When the clock strikes midnight on Jan. 1, 2025, a number of new laws will be in effect in Tennessee.
'Protect Tennessee Minors Act' (SB1792)
One of the biggest pieces of legislation set to take effect in the new year is the "Protect Tennessee Minors Act," which would require age verification for access to explicit websites.
The bill, passed by the 113th General Assembly in December 2023, requires websites use a "reasonable age-verification method," to verify the age of each active user for the entire time the website if at least one-third of the website's content consists of "content harmful to minors."
One example of a "reasonable age-verification method" is uploading a state ID, per the terms of the law. The age must also be verified every 60 minutes of use, per the law.
Violations of the law are considered Class C felonies in Tennessee, which carry a maximum penalty of 3-15 years in prison and a $10,000 fine.
The law has not been without its criticism, with a group filing a federal lawsuit against the state to stop its enforcement. The Free Speech Coalition (FSC) said the law violated the First and Fourteenth Amendments to the Constitution, as well as the Supremacy Clause.
FSC was joined in the lawsuit by an internet sexual wellness website, a private erotic video hosting website, an adult toy store, and a Tennessee-based adult performer.
'Prior Authorization Fairness Act' (HB0885)
Another law set to take effect on Jan. 1, 2025 is dubbed the "Prior Authorization Fairness Act."
Passed in May 2023, the law requires certain notifications to be made if a health insurance provider denies coverage of medications while citing a prior authorization reason.
Specifically, it requires that an "adverse determination regarding a request for prior authorization" must be made by a licensed physician or a healthcare professional with the same or a similar specialty as the healthcare professional requesting the prior authorization.
It mandates appeals for prior authorizations for "non-urgent" cases be completed within seven days, and urgent prior authorization reviews must be completed within 72 hours, plus one addition business day, if applicable.
It also stipulates health carriers are not permitted to issue health providers incentives for "adverse decisions," and requires health carriers to maintain a "complete list of healthcare services for which a prior authorization is required."
The rulemaking portion of the law went into effect in May 2023, but the practical applications of the law were held until Jan. 1, 2025.
Landlord/Tenant Transparency (HB1814)
Renters will have increased transparency from their landlords upon signing rental agreements in Tennessee starting in the new year.
A bill passed in 2023 states landlords must give renters the following information upon entering a lease agreement:
- The agent authorized to managed the premises, including a third-party management company
- An owner or a person/agent authorized to act for/on behalf of the owner
- A phone number or email address for maintenance services or an online portal for landlord-tenant communications
The information must be provided to a potential renter before they sign a lease, according to the bill text.
Service Industry Training (SB1798)
One law designed to help combat alcohol-related sexual assault will impact those in the service industry in Nashville.
A bill passed by Tennessee Democrats this year will require servers to complete supplemental alcohol awareness training starting in 2025.
The law requires the course last at least 3.5 hours and must include training to understand the role of alcohol in sexual assault and harassment, best practices for ensuring patron safety and bystander intervention, recognizing the role of drugs in assault, and strategies to prevent patron drugging in establishments.
According to the bill, the training must also "educate servers on recognizing and reporting signs of human trafficking."
A place that will have servers or bartenders that complete this training must show proof of such a curriculum within one year of applying for a server permit, according to the text of the bill.
'Protecting Children from Social Media Act' (HB1891)
This bill, passed by the 113th General Assembly in April 2024, requires social media companies to verify the age of people who sign up for accounts on their platforms to ensure they are not minors or else receive "express parental consent" for someone not 18 years old setting up an account.
The companies would not be allowed to retain any personally identifying information used to verify the age of the account holder or the parental consent, as well as allow for parents to revoke their consent to use their app.
The law as signed by Gov. Bill Lee also allows the Tennessee Attorney General to investigate and bring action against a social media company he believes it operating in violation of this law.
'Tennessee Wellness Law' (SB734)
This law allows for statutory protections for physicians seeking to address "career fatigue" and "workplace burnout." Passed by the general assembly in March of 2024, the bill closes a loophole that would have left communications between physicians and their therapists not confidential.
It says a physician that may be suffering from career burnout would be able to participate in a workplace wellness program set up at their workplaces and not have to confirm they have sought "treatment for mental illness" on certain documentation for hospital admitting privileges or license renewals.
The bill carves out exceptions for substance use disorder, alcoholism or any condition that might adversely impair their ability to work, meaning those conditions would remained reportable—only "career fatigue" or "workplace burnout" would remain confidential treatments for physicians.
'Graduate Physicians Act' (SB937)
This law, passed initially in 2023 with a delayed effective date, allows graduate physicians to practice medicine in Tennessee under specific "collaborative practice agreements."
The law defines a "graduate physician" as someone who has completed Steps 1 and 2 of the U.S. Medical Licensing Examination or its equivalent within two years of their application to be a licensed graduate physician. Additionally, the graduate physician would only be able to serve in a "medically underserved rural area" of the state, a pilot project area or a rural health clinic under the collaborative practice agreements.
Graduate physicians would be supervised by licensed physicians as already required by law, but not any additional supervision requirements, per the Act.
Birth Control for TennCare Recipients (SB1919)
Senate Bill 1919 allows those on TennCare to receive a 12-month "refill" on birth control from their health benefit plan and provides coverage for hormonal birth control.
Additionally, the bill makes it easier for those in "healthcare deserts" to get access to birth control medication, by allowing them to get their medication on-site at their doctor's office.
The law does not require a health benefit plan to cover contraceptives provided by a provider, pharmacy, or at a location authorized to dispense drugs or supplies, that does not participate in the health benefit plan's provider or pharmacy network.