Tuesday, May 26, 2009
Guns in parks passes with opt out provision
The guns in parks bill passed with the opt out provision for local governments. Rep. Frank Nicely defended his bill and concurred with the Senate version of his bill.
Sunday, May 24, 2009
The facts about SJR127
May 18, 2009 was a historical night as the Tennessee House of Representatives heard in the House chamber Senate Joint Resolution 127 for its third and final reading since the efforts for its passage began in 2001.
SJR127 is a resolution to amend the state constitution regarding abortion in Tennessee. In 2000, the Tennessee State Supreme Court struck down the commonsense abortion regulations on the books and expanded abortion rights in Tennessee beyond the right to an abortion granted in Roe v. Wade.
The resolution received bi-partisan support and passed 77 to 21. It must be passed again in the 107th General Assembly by 2/3rds majority vote before reaching the ballot in 2014 so the citizens of Tennessee may vote to amend the Constitution.
I am not surprised that pro-choice proponents try to frighten the public with their argument that SJR127 takes away a woman's right to an abortion or that young girls who have been raped by their fathers will be forced to bear their babies. An examination of the facts is in order. SJR127 allows the people acting through their elected officials the right granted to them by the U.S. Supreme Court in the Doe vs. Bolton case to regulate abortions all within federal constitutional limits. That is all.
This topic is very sensitive and there is much misinformation out there regarding what SJR 127 will and will not do. In an effort to promote the truth about SJR127, I have posted my remarks below I gave as sponsor of the resolution on the House floor that evening.
Thank you, Mr. Speaker.
SJR127 is a constitutional amendment that when passed will bring the Constitution of the State of Tennessee back to a position of neutrality regarding abortion.
Once again, SJR127 enjoys bi-partisan support.
SJR127 is intended to overturn the Tennessee Supreme Court’s decision in Planned Parenthood of Middle Tennessee vs. Sundquist and will restore to the people of Tennessee acting through their elected state representatives and state senators, their rightful authority to regulate abortion, all within federal constitutional limits.
The commonsense regulations that included informed consent so that women making this very important decision would have important, solid information from their doctor and a period of time to reflect that were passed by the General Assembly—these commonsense protections were struck down by Planned Parenthood vs. Sundquist. The requirement that a second trimester abortion must be performed in a regulated hospital due to the danger of complications for the woman was also struck down because of Planned Parenthood vs. Sundquist. Enacting SJR 127 would also protect existing laws mandating parental consent.
SJR 127 does not outlaw or criminalize abortion. SJR127 simply restores the authority of the people acting through their elected officials, to legislate abortion.
The first sentence of the amendment brings the Constitution back to neutral on abortion.
The second sentence amplifies and clarifies that the people of Tennessee retain their right to act through their elected officials to determine the commonsense protections for women seeking an abortion.
SJR127’s language is clear and meets the Tennessee Supreme Court’s usage of the strict scrutiny standard. The language was carefully drafted by legal experts specializing in state constitutional law as it relates to the matter of abortion. That is why it is important not to amend this resolution—amendments will insert language in the resolution that cause confusion and could give a court an opportunity to create mischief. Amendments will also move us away from neutrality.
Because of Roe v. Wade, a woman may have an abortion for any reason; however, up until Planned Parenthood vs. Sundquist, Tennessee was allowed to regulate this major surgical procedure. SJR 127 simply returns to the people their voice through their legislature; their rightful authority to decide what laws should be enacted.
It is important to remember that in a democracy, the people, not judges, have the final word.
And with that explanation, Mr. Speaker, I move passage of SJR127.
SJR127 is a resolution to amend the state constitution regarding abortion in Tennessee. In 2000, the Tennessee State Supreme Court struck down the commonsense abortion regulations on the books and expanded abortion rights in Tennessee beyond the right to an abortion granted in Roe v. Wade.
The resolution received bi-partisan support and passed 77 to 21. It must be passed again in the 107th General Assembly by 2/3rds majority vote before reaching the ballot in 2014 so the citizens of Tennessee may vote to amend the Constitution.
I am not surprised that pro-choice proponents try to frighten the public with their argument that SJR127 takes away a woman's right to an abortion or that young girls who have been raped by their fathers will be forced to bear their babies. An examination of the facts is in order. SJR127 allows the people acting through their elected officials the right granted to them by the U.S. Supreme Court in the Doe vs. Bolton case to regulate abortions all within federal constitutional limits. That is all.
This topic is very sensitive and there is much misinformation out there regarding what SJR 127 will and will not do. In an effort to promote the truth about SJR127, I have posted my remarks below I gave as sponsor of the resolution on the House floor that evening.
Floor remarks by SJR127 sponsor Rep. Debra Maggart
Monday, May 18, 2009
Thank you, Mr. Speaker.
SJR127 is a constitutional amendment that when passed will bring the Constitution of the State of Tennessee back to a position of neutrality regarding abortion.
Once again, SJR127 enjoys bi-partisan support.
SJR127 is intended to overturn the Tennessee Supreme Court’s decision in Planned Parenthood of Middle Tennessee vs. Sundquist and will restore to the people of Tennessee acting through their elected state representatives and state senators, their rightful authority to regulate abortion, all within federal constitutional limits.
The commonsense regulations that included informed consent so that women making this very important decision would have important, solid information from their doctor and a period of time to reflect that were passed by the General Assembly—these commonsense protections were struck down by Planned Parenthood vs. Sundquist. The requirement that a second trimester abortion must be performed in a regulated hospital due to the danger of complications for the woman was also struck down because of Planned Parenthood vs. Sundquist. Enacting SJR 127 would also protect existing laws mandating parental consent.
SJR 127 does not outlaw or criminalize abortion. SJR127 simply restores the authority of the people acting through their elected officials, to legislate abortion.
The first sentence of the amendment brings the Constitution back to neutral on abortion.
The second sentence amplifies and clarifies that the people of Tennessee retain their right to act through their elected officials to determine the commonsense protections for women seeking an abortion.
SJR127’s language is clear and meets the Tennessee Supreme Court’s usage of the strict scrutiny standard. The language was carefully drafted by legal experts specializing in state constitutional law as it relates to the matter of abortion. That is why it is important not to amend this resolution—amendments will insert language in the resolution that cause confusion and could give a court an opportunity to create mischief. Amendments will also move us away from neutrality.
Because of Roe v. Wade, a woman may have an abortion for any reason; however, up until Planned Parenthood vs. Sundquist, Tennessee was allowed to regulate this major surgical procedure. SJR 127 simply returns to the people their voice through their legislature; their rightful authority to decide what laws should be enacted.
It is important to remember that in a democracy, the people, not judges, have the final word.
And with that explanation, Mr. Speaker, I move passage of SJR127.
Safety is focal point of Certified Medication Aide bill
Safety is focal point of CMA legislation
An Editorial
by Representative Debra Maggart and Senator Diane Black
May 8, 2009 -- Quality health care for our elderly and disabled citizens who reside in nursing homes in Tennessee is the focal point of legislation that we are sponsoring to allow Certified Medication Aides (CMAs) to administer routine medications to residents. That is why it has received wide bi-partisan support from Democrats and Republicans who know the facts of the bill. The premise of the legislation is to allow CMAs, who will receive training, to administer certain medications to the residents in these homes so nurses are freed up to provide skilled nursing care to patients.
The Senate has already adopted the bill by a vote of 29 to 2. It is currently pending action in the House of Representative’s Government Operations Committee.
Let’s address three key provisions of the legislation to illustrate how the bill puts safety first for these residents. These provisions are: qualifications, medications, and supervision.
Qualifications – The legislation requires that a medication aide must at least be a high school graduate, in addition to being a Certified Nurse Assistant, a position which requires 100 hours of education. They must have worked full-time for at least one year in a Nursing Home or Assisted Living Facility before they apply to the CMA program. The CMA education requirements include completion of an additional 75 hours of instruction focusing on medication provided by a qualified education institution. Twenty-five hours of this instruction must be clinical training before the CMA is allowed to administer routine drugs to residents. This means the aides must complete a total of 175 hours of training before they would be allowed to administer any medications.
Medications -- On medications, the CMAs would be allowed to administer only oral and topical drugs to residents, under the bill. Currently, pharmacists in these facilities fill drawers in a medication cart with the resident’s medicine for that day. The medication drawer containing the resident’s medicine has the person’s name, room number and photo displayed on the outside. The CMA would then take that medication to the individuals and administer it to the resident as prescribed. The proposal does not allow CMAs to administer any controlled substances, injections, feeding tubes, or inhalers.
Supervision -- Close supervision of the CMAs by a licensed nurse is a key component of the legislation to further protect nursing home residents. Licensed nurses must evaluate the resident upon admission to a home or assisted living facility to determine whether or not it is appropriate for them to receive medication by a CMA. This is to make sure that those with acute medical concerns receive a higher skill level by a nurse. If there is any change in the resident’s status, acuity or medications, the licensed nurse would then reevaluate whether or not they should continue to receive medication by a CMA. In addition, the Board of Nursing will promulgate the rules governing this act so they will have every opportunity to make sure adequate safeguards in place.
Twenty other states have implemented medication aide programs. Clinical Nursing Research Studies have found there is no greater incidence of medication errors among medication aides as compared to licensed nurses. This could be because the CMA’s only responsibility is medication administration, thus allowing them to focus on this task without the distractions of other duties which account for most medication errors.
Finally, adding medication aides to the caregiving team in our nursing homes and assisted living facilities will not decrease the level of care providers. In fact, it will increase the ratio of caregivers to residents in these homes. The bill includes language that clearly states that the use of CMAs cannot serve as a reason for a Tennessee facility to reduce its licensed caregiver staff. Facilities are still responsible to make sure that their staffing levels include skilled nurses. The difference is that it will free up these nurses to give the residents a higher quality of care to treat illnesses or medical conditions that so often occur in these homes.
Although there is much misinformation being disseminated by those with political agendas, a careful review of this bill, as amended, shows that the resident’s safety is paramount. Tennessee should adopt this legislation.
We invite you to access the bill and amendment on the General Assembly’s website at: http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0009
An Editorial
by Representative Debra Maggart and Senator Diane Black
May 8, 2009 -- Quality health care for our elderly and disabled citizens who reside in nursing homes in Tennessee is the focal point of legislation that we are sponsoring to allow Certified Medication Aides (CMAs) to administer routine medications to residents. That is why it has received wide bi-partisan support from Democrats and Republicans who know the facts of the bill. The premise of the legislation is to allow CMAs, who will receive training, to administer certain medications to the residents in these homes so nurses are freed up to provide skilled nursing care to patients.
The Senate has already adopted the bill by a vote of 29 to 2. It is currently pending action in the House of Representative’s Government Operations Committee.
Let’s address three key provisions of the legislation to illustrate how the bill puts safety first for these residents. These provisions are: qualifications, medications, and supervision.
Qualifications – The legislation requires that a medication aide must at least be a high school graduate, in addition to being a Certified Nurse Assistant, a position which requires 100 hours of education. They must have worked full-time for at least one year in a Nursing Home or Assisted Living Facility before they apply to the CMA program. The CMA education requirements include completion of an additional 75 hours of instruction focusing on medication provided by a qualified education institution. Twenty-five hours of this instruction must be clinical training before the CMA is allowed to administer routine drugs to residents. This means the aides must complete a total of 175 hours of training before they would be allowed to administer any medications.
Medications -- On medications, the CMAs would be allowed to administer only oral and topical drugs to residents, under the bill. Currently, pharmacists in these facilities fill drawers in a medication cart with the resident’s medicine for that day. The medication drawer containing the resident’s medicine has the person’s name, room number and photo displayed on the outside. The CMA would then take that medication to the individuals and administer it to the resident as prescribed. The proposal does not allow CMAs to administer any controlled substances, injections, feeding tubes, or inhalers.
Supervision -- Close supervision of the CMAs by a licensed nurse is a key component of the legislation to further protect nursing home residents. Licensed nurses must evaluate the resident upon admission to a home or assisted living facility to determine whether or not it is appropriate for them to receive medication by a CMA. This is to make sure that those with acute medical concerns receive a higher skill level by a nurse. If there is any change in the resident’s status, acuity or medications, the licensed nurse would then reevaluate whether or not they should continue to receive medication by a CMA. In addition, the Board of Nursing will promulgate the rules governing this act so they will have every opportunity to make sure adequate safeguards in place.
Twenty other states have implemented medication aide programs. Clinical Nursing Research Studies have found there is no greater incidence of medication errors among medication aides as compared to licensed nurses. This could be because the CMA’s only responsibility is medication administration, thus allowing them to focus on this task without the distractions of other duties which account for most medication errors.
Finally, adding medication aides to the caregiving team in our nursing homes and assisted living facilities will not decrease the level of care providers. In fact, it will increase the ratio of caregivers to residents in these homes. The bill includes language that clearly states that the use of CMAs cannot serve as a reason for a Tennessee facility to reduce its licensed caregiver staff. Facilities are still responsible to make sure that their staffing levels include skilled nurses. The difference is that it will free up these nurses to give the residents a higher quality of care to treat illnesses or medical conditions that so often occur in these homes.
Although there is much misinformation being disseminated by those with political agendas, a careful review of this bill, as amended, shows that the resident’s safety is paramount. Tennessee should adopt this legislation.
We invite you to access the bill and amendment on the General Assembly’s website at: http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0009
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