Senate Bill 1030, sponsored by Bowling, proposes an amendment to Tennessee Code Annotated, specifically targeting Section 37-10-401(a), which currently holds parents or legal guardians responsible for ensuring their children receive vaccinations as recommended by the CDC and AAP. The bill argues that both the CDC and AAP are not subject to state oversight, and thus, significant public policy decisions regarding vaccinations should not be delegated to these entities. The bill references the nondelegation doctrine and the landmark case Jacobson v. Massachusetts to support its stance that vaccination laws should be governed by state authority and oversight.

The key action of the bill is the deletion of Section 37-10-401(a), which the sponsors assert will not impact existing immunization laws or requirements for educational and childcare facilities. The bill emphasizes the need for legislative oversight and a compelling governmental interest when making changes to vaccination laws, aligning with the Families' Rights and Responsibilities Act, which protects parental rights against substantial governmental burdens unless justified. If enacted, the bill will take effect immediately upon becoming law.

Statutes affected:
Introduced: 37-10-401(a), 37-10-401