2023-’24 update: Several new laws are now protecting medical freedom, parental rights, and informed consent thanks to the active involvement of Tennessee advocates. Minors (under age 18) cannot be given a vaccine without parental consent and healthcare providers are prohibited from coercing anyone into receiving a vaccine.
Tennessee
CALLS TO ACTION
SCHOOL VACCINE MANDATES AND YOUR OPTIONS
What Exemptions does your state offer?
Medical and Religious
(For more additional detailed information go HERE.)
What is the process to get a religious exemption in your state?
Parent or guardian files with school authorities “a signed written statement that the immunization and other preventive measures conflict with the parent’s or guardian’s religious tenets and practices”. Tenn. Code Ann. § 49-6-5001
Who can add vaccines to the state's childhood schedule, the department of health or the legislature?
The Commissioner of Health
What health care can minors consent to on their own?
(For more additional detailed information go HERE.)
It depends on the medical treatment:
-For vaccination, a 2023 law clarified that minors cannot be vaccinated without parental knowledge and consent. This new law acknowledged that the mature minor exception, guided by the “Rule of Sevens,” is part of Tennessee common law, but only in the context of tort law and jury considerations, and not the general rule requiring parental consent for the medical treatment of minors. Tenn. Code Ann. § 63-1-165
-While other medical treatments were not named in the 2023 law, because it clarified the meaning of the Mature Minor Exception in TN, moving forward it should impact other medical situations unless a law exists that specifically names an age for which a minor can receive a specific medical treatment.
– For sexually transmitted diseases: “Any state, district, county or municipal health officer or any physician may examine, diagnose and treat minors infected with STDs without the knowledge or consent of the parents of the minors, and shall incur no civil or criminal liability in connection with the examination, diagnosis or treatment, except for negligence.” T.C.A. 68-10-104.
– For mental health: Minors in TN cannot be given gender-affirming medical procedures, hormones, or puberty blockers. Tenn. Code Ann. § 68-33
Minors 16 years and older “with serious emotional disturbance or mental illness has the same rights as an adult with respect to outpatient and inpatient mental health treatment, medication decisions, confidential information, and participation in conflict resolution procedures”. Tenn. Code Ann. § 33-8-202.
– For birth control: The law is so broad it allows access to contraceptive supplies and information for virtually all minors. Tenn. Code Ann. § 68-34-107.
– For pregnancy: Minors can receive prenatal and peripartum care without parental consent. § 63-6-223.