House Health Committee advances anti‑choking device grants, licensing changes and a public‑health messaging bill

The House Health Committee met and advanced several health‑related bills, voting to send multiple measures to follow‑up committees and calendar rules.

The committee approved a limited grant program to reimburse local education agencies, charter and private schools, and first responders for anti‑choking devices, clarified licensing procedures for health boards, and approved a bill that would limit state public‑health messaging about FDA‑regulated products to what is reflected in FDA product labeling. Other bills on child‑care exemptions and laboratory collection stations also moved forward or were postponed.

House Bill 1084 — anti‑choking devices

House Bill 1084 would create a limited grant program, capped at $500,000 total from July 2025 through July 2028, to reimburse local education agencies, charter schools, private schools and first responders for purchasing anti‑choking devices. Under the bill, each school could purchase one device per cafeteria and each fire or EMS vehicle could purchase one device. The Department of Health would adopt rules establishing eligible devices and would administer the program. The committee adopted an amendment (drafting code 04/1946) before voting.

Sponsor remarks noted the devices are registered with the U.S. Food and Drug Administration. "These devices are registered with the FDA. And since this device is not invasive, this device is registered, but it's not approved," the sponsor said, adding that several restaurants and Hamilton County schools already use the devices and that they have been credited with several rescues in Chattanooga.

Members asked about medical endorsements and liability. Representative Mitchell asked whether the devices had been "approved or endorsed by the AMA?" The sponsor replied the devices are FDA‑registered but not FDA‑approved, and that school attorneys in Hamilton County had not identified a legal barrier to placing the devices in schools. The sponsor also said he had consulted legal services but "no I've not talked with the attorney general about this particular bill." Legal services attorney Heather Asbod cited Tennessee's Good Samaritan statute, summarizing TCA 63‑6‑218 and saying, "I believe it would apply. Good Samaritan law would I believe it would apply." The committee voted 14 ayes, 0 nays to send HB 1084, as amended, to Government Operations.

House Bill 1311 — licensing and three‑member hearing panels

House Bill 1311, an administrative bill offered to resolve statutory issues identified by the Department of Health during retrospective rulemaking, passed after an amendment. The bill removes outdated statutory requirements (including an item affecting licensing software signatures), clarifies boards' authority to appoint three‑member panels to hear particular matters, clarifies that licensees need not be subjects of investigations for the Department to request information, and restricts Department responses to law enforcement requests without a court order. The bill also cleans up statute references related to respiratory care and electrolysis.

Representative Clemons expressed concern that creating panels of three could allow an agency or department to select panelists to produce desired outcomes rather than ensure fair hearings. Holt Wood of the Department of Health said the change reflects existing practice for some boards: "The governing bodies themselves would appoint their hearing panels. This happens a lot with our board of medical examiners just so they can, get people to trial more quickly and expedite the cases so they're not waiting on a quorum to, to to get before the committee." The bill passed 15 ayes, 2 nays and moved to Calendar Rules.

House Bill 1157 — "Restore Trust" and public‑health messaging

House Bill 1157, titled the Restore Trust and Public Health Messaging Act and sponsored by Representative Lynn, would require state public‑health messaging about FDA‑regulated products to be consistent with FDA‑approved product labeling. The sponsor said the bill implements a congressional recommendation that "health and human services and its agencies should abide by the FDA's product labeling guidelines," and that state agencies should not use state or federally distributed grant funds to promote messaging that conflicts with FDA labeling.

Representative Lynn said the bill allows the state to discuss or criticize FDA labeling and permits consideration of new evidence, but that the primary messaging should reflect FDA approvals. When asked whether the bill would interfere with physicians' off‑label prescribing, the sponsor replied, "No. This does not apply to physicians at all. It's only for Iowa State health agencies." (Transcript reference: sponsor's remarks clarifying the bill apply to state agencies' messaging.) The committee adopted amendments that changed some provisions to give the attorney general discretion where requested. HB 1157 passed 11 ayes, 6 nays, 2 present not voting and moved to Calendar Rules.

Votes at a glance

- HB 1084 (anti‑choking device grant program; amendment 04/1946): Passed 14–0; moves to Government Operations. Key details: $500,000 cap (July 2025–July 2028); 1 device per school cafeteria; 1 device per first‑responder vehicle. Legal services cited TCA 63‑6‑218 (Good Samaritan law) in answer to liability questions.

- HB 106 (updates eligible child‑care exemptions from Department of Human Services licensure; amendment 4,781): Passed 16–0; moves to Government Operations. Sponsor said the amendment clarifies homeschools are not included.

- HB 717: Rolled (postponed) one week by unanimous consent; no final vote recorded.

- HB 363 (designate November as Diabetes Awareness Month): Passed 18–0; moves to Calendar Rules. Sponsor cited statewide prevalence statistics: "1 in 7 adult Tennesseans have diabetes — that's over 800,000 people," and discussed prediabetes and undiagnosed diabetes.

- HB 1311 (administrative licensing cleanups, three‑member panels): Passed 15–2; moves to Calendar Rules. Department of Health staff explained governing boards may appoint hearing panels to expedite contested cases.

- HB 702 (collection station licensing for Tennessee‑licensed medical laboratories; amendment 4,511): Passed 18–0; moves to Calendar Rules. The bill clarifies a Tennessee‑licensed lab operating a collection station in Tennessee need not obtain an additional license regardless of where specimens are sent for testing.

- HB 1157 (Restore Trust and Public Health Messaging Act; amendments including change to attorney general discretion): Passed 11–6 with 2 present not voting; moves to Calendar Rules. The bill requires state agency messaging on FDA‑regulated products to reflect FDA labeling and bars use of state/federal grant funds to promote messaging that conflicts with FDA labeling; amendments add limited discretion for the attorney general.

Meeting context and next steps

Committee action was focused on statutory and administrative changes and on narrowly targeted grant and messaging policies. Several bills were amended and the committee repeatedly noted collaboration with Department of Health staff or legal services during debate. Bills that passed will proceed to Government Operations or Calendar Rules as indicated; HB 717 was postponed one week by consent.

The committee adjourned after completing the seven‑item agenda.