Bryan Terry

New Year, New Session, New Hopes

January 8, 2019 By Admin

The results of the most recent election cycle are set to take effect this month as the latest round of federal elected officials were sworn in at our nation’s Capitol last week and our state officials will be sworn in today in Nashville. With significant change at the state and federal levels including a new Governor and General Assembly, renewed hope springs for citizens across the state and across the nation. While I have serious doubts and reservations for progress at the federal level with Pelosi as the Speaker of the House, Tennessee is in position to further improve our standing as a leader in our nation. I’m looking forward to the opportunity and the challenge.

Throughout my time in service to our community, our shared values have been consistent and I expect this session to have a strong focus on many of our concerns. Below is a primer for this session with some topics I expect to be discussed.

Safety: School safety and judicial reform will be on the agenda.

Health: TennCare oversight and review may lead to some significant improvements in the system. Health insurance and prescription costs will be discussed. Mental health, opioids, and medical cannabis will, also, be on our agenda.

Affordability: Keeping Tennessee a low tax state will be a priority.

Recreation and Tourism: A sports gambling bill has been offered and will be discussed.

Education: Testing, funding, teacher recruitment, school choice, and higher education costs are expected to be discussed.

Voice: Transparency, accountability, and open government will garner more attention, as citizen groups continue to bring awareness to these issues.

Agriculture: With hemp legalization at the federal level and agricultural medicine becoming a booming market, I expect there to be discussions on the impact on Tennessee and how we can help our rural communities compete.

Liberties: I expect free speech, second amendment, and personal liberties to experience legislation on various fronts. A “red flag” bill has already been proposed.

Unborn: More pro-life legislation is expected to be filed this session. One can look at recent successful measures from other states to ascertain what to expect.

Economy: Removing barriers to employment and entrepreneurship will be amongst the priorities of the General Assembly.

Security: Democrats may attempt to attract illegal immigration to Tennessee, but don’t look for those bills to gain much traction.

More than likely, there will be over 1000 bills filed. As we get into session, look for my weekly update on Facebook.

With Liberty,

Dr. Bryan Terry

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Rep. Bryan Terry Tackles Transparency and Drug Pricing

April 30, 2018 By Admin

MURFREESBORO, April 30, 2018- Rep. Terry Tackles Transparency and Drug Pricing

With prescription drug prices and health care costs on the rise, Rep. Bryan Terry, MD(R-Murfreesboro) tackled the problem head on during the 110th General Assembly with various measures aimed at transparency and pro-rating copayments. As part of his agenda, President Donald Trump has focused on prescription drug prices, and Rep. Terry led Tennessee in taking several steps to help cut costs for patients.

The lack of transparency and competition in prescription drug pricing have contributed to an environment where costs of medications have skyrocketed. President Trump mentioned the problems in his State of the Union address and his Council of Economic Advisors(CEA) found that the lack of transparency is hurting the consumer. At the center of this issue is a controversial contractual measure applied by Pharmacy Benefit Managers(PBM) to prohibit pharmacists from telling patients that their medication may be cheaper if they pay cash. The “Pharmacy Gag Clause”, as it is known in the industry, has often led to patients and their employers paying a significant greater amount for their prescriptions while the PBM’s receive a cut from the overpayment known as a clawback.

“Patients and employers should be irate that this practice even existed,” explained Rep. Terry. “I co-sponsored and amended a bill(HB 2219) that removed the gag clause to ensure that patients will have the right to know that they can pay a cheaper price.”

Rep. Terry didn’t stop there, though. At the center of Governor Haslam’s TN Together opioid legislation is a concept called partial filling of prescriptions or as Dr. Terry calls it “Patient Tailored Dispensing”. Rep. Terry was the architect behind amending the TN Together Plan to ensure patients weren’t going to over pay for prescriptions.

“The original bill placed multiple hardships on patients and providers including multiple copayments and trips to the doctor just to have pain treated which, to me, was unacceptable,” described Terry. “With the support of Speaker Harwell, I worked with the Governor and his staff, as well as Senator Haile, on language that decreases the burden and costs for patients while ensuring that we, also, decrease unnecessary opioids in medical cabinets and on the street.”

On the last day of session, Terry amended his own legislation, HB 2440, to ensure patients would only pay a prorated amount of their copayments and cost sharing for their prescriptions on controlled substances. Though TN Together authorized patient tailored dispensing, it was Terry’s legislation that protected patients from the extra burden of multiple full payments.

“I’m proud to have led in this fight in standing up for patients to improve transparency and cut prescription costs, but there is still more that needs to be done,” concluded Terry. “I look forward to continuing to address these issues to improve patient care.”

Rep. Bryan Terry, MD is the Chairman of the House Health Subcommittee and, also, serves on the full Health and Civil Justice Committees. He can be reached at rep.Bryan.Terry@Capitol.TN.Gov or at 615-741-2180.

Rep. Bryan Terry and Sen. Mark Green Aim to Block In-State Tuition for Illegal Aliens

March 19, 2018 By Admin

NASHVILLE, March 19, 2018– While others are looking to pass in-state tuition for illegal immigrants, Representative Bryan Terry (R-Murfreesboro) and Senator Mark Green (R-Clarksville) are fighting against it with their own bill, HB 2101/SB 2031, which is set to be heard this week in the House and Senate Education Committees.

Current federal law defines post secondary education assistance from state funds as a state benefit. Illegal immigrants are prohibited from receiving a state benefit unless a state explicitly defines an exclusion. Current state law references the federal code, but does not codify post secondary assistance as a state benefit. Senator Green and Representative Terry are looking to clearly define that in-state tuition is a “state or local benefit” which will reaffirm that illegal immigrants are not eligible for in-state tuition in Tennessee.

“Tennesseans have made it abundantly clear that they do not want their tax dollars to subsidize college tuition for those who are in our country illegally,” Green stated. “Families across our state are struggling with the ever-rising costs of tuition, and the last thing they want to see is their tax dollars being used to pay tuition for illegal aliens.”

“In-state tuition only covers between 25-75 percent of the cost to provide the college education. Taxpayer funds support the rest. That is clearly a state benefit,” explained Terry. “Any attempt to exclude post secondary assistance in the definition of a state benefit is contrary to the facts and our bill will ensure taxpayers are protected.”

Though not specifically mentioned, Representative Terry’s comments allude to the current effort by other lawmakers to provide in-state tuition for illegal immigrants. That bill, HB 2429/ SB 2263, attempts to subvert federal and state law by exempting post secondary assistance from the definition of a state benefit.

(d) The exemption from paying the out-of-state tuition in this section affirmatively satisfies the express eligibility requirement of 8 U.S.C. § 1621(d).

“There are U.S. citizens who live out of state, but pay business or property taxes in Tennessee. They still must pay out of state tuition,” continued Terry. “We shouldn’t be incentivizing illegal immigrants to take advantage of Tennessee taxpayers when we don’t even provide a courtesy to Americans who are investing in our state.”

“It’s particularly outrageous for illegal aliens to receive in-state tuition while the child of an American veteran who lives in another state has to pay the full cost of tuition to attend our colleges and universities. As President Trump has made clear, it’s time to put America first,” concluded Green.

The bill is set to be heard on Tuesday in the House and Wednesday in the Senate. You can contact your representative or senator with the information on the Tennessee General Assembly’s website and ask for them to co-sponsor HB 2101/ SB 2031. http://www.capitol.tn.gov

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Rep. Bryan Terry Introduces Measures To Tackle TN Opioid Crisis

January 22, 2018 By Admin

Rep. Bryan Terry Hosts Speaker Beth Harwell For Saint Thomas Rutherford Hospital Tour

NASHVILLE, January 22, 2018– Representative Bryan Terry, MD (R-Murfreesboro), chairman of the Tennessee House Health Subcommittee, has filed legislation and has other legislation ready to be filed to address the opioid crisis facing Tennessee. With the issue being multifaceted in nature, Rep. Terry is looking to touch various aspects of the problem with his legislation, as well as advocate for other aspects not necessarily requiring legislation.

While many look at prescribing habits leading to excess opioids in circulation as a leading cause of the problem, Rep. Terry explained that the problem runs much deeper. “There are various cogs in the wheel driving the opioid crisis. Failure to properly address legal and illicit access to opioids, addiction, treatment, lack of education, and government meddling has created a perfect storm leading to this problem. While looking to address each aspect of the problem, we must ensure that we protect legitimate patients and legitimate providers.”

The first bill filed by Rep. Terry aims to provide a deterrent to the illegal manufacturing, sales, and distribution of potent opioids like fentanyl and sufentanil which are used in chronic pain and the perioperative period, and carfentanil which was developed as a large animal tranquilizer. These drugs are often cited as being 100 to 10,000 times as potent as morphine. “Potency and route of administration increase the speed of addiction. Some of this is coming in from China via Mexico and finding its way to our streets. While we have had some arrests in Tennessee, New York and Florida have had some high profile cases involving up to 32 million lethal doses,” explained Terry. The bill increase the penalty for possession, sales, distribution, or manufacturing of these drugs to an A or B Class felony depending on the amount of lethal doses involved in the arrest.

On the prevention side, Rep Terry explained that as with many issues, the root of the problem is often found on the supply and demand curve. “While looking to cut down on the illicit supply, we must look to address various aspects of demand. Proper education on the risks, as well as decreasing barriers to alternative health care modalities that treat pain without opioids are vital to decreasing this problem.”

“Neuropathic pain, chronic pain syndromes, and even perioperative pain can be treated with nerve blocks or pain injections. Our current system, especially within TennCare, is set up to incentivize the use of opioids over other modalities. Incentivizing the use of cheap opioids over viable alternatives increases the risk of addiction and demand. I will be offering a bill to change that,” explained Rep. Terry.

Another possibility that could decrease the use of narcotics is the medicinal uses of cannabinoids which are in cannabis. “Crohn’s Disease, spasticity involved in MS, and other painful conditions can see benefit from cannabinoids which can potentially cut down narcotic usage without the recreational high often produced by smoking or ingesting. It’s hypocritical that the federal government makes all cannabinoids Schedule 1 drugs, yet Marinol, which is synthetic THC is legal in all states including Tennessee. Ignorance and fear is no way to govern, and that form of governance is hurting patients.” Rep. Terry says he is supportive of research and medicinal uses of cannabinoids under the care of medical providers.

Diversion is the process of taking opioids from a legal prescription and diverting the drugs to be used recreationally. “Overprescribing and doctor shopping are two aspects that increase the risk of diversion. I have legislation that will attack that on two fronts. Currently, one can hold on to an opioid prescription for up to six months before it is filed in the system and filled by a pharmacist. My bill will require a prescription to be on file with a pharmacy within seven days and filled within 60 days. Secondly, some individuals do not want the entire prescription at one time. The bill will allow for partial filling of an opioid prescription to cut down on the amount someone may want at their home.” Rep. Terry says that he is working with the Tennessee Medical Association and Tennessee Pharmacist Association on the legislation.

Rep. Terry is, also, set to propose legislation for an opioid hotline within the Tennessee Department of Health which will provide whistleblower protection for those who come forth with information in good faith about potential abuses in the medical system. Recently, 60 Minutes aired an expose on abuses of oversupplies of opioids to pharmacies or medical facilities. In addition, local pill mills, mail order pharmacy facilities, and unscrupulous providers have led to an excess of opioids in the public. The legislation looks to curb those unethical practices.

While prevention of demand and reduction of supply are two of the main components in solving the opioid crisis, treatment for those caught in the crosshairs is an important aspect of tackling the problem. Rep. Terry is carrying a bill that would allow long acting injectable Suboxone be available in Tennessee for opioid addiction treatment. “Folks, often, only have thirty days of inpatient treatment covered by insurance. Unless someone is treated for up to ninety days or longer, the relapse rates are greater than ninety percent. Injectable Suboxone that lasts thirty days will help decrease the rates and costs of relapse, and it will decrease diversion of the current pill form. I know that Governor Haslam is looking at increased funding for treatment, and I have spoken to his administration about this treatment option.”

Representative Bryan Terry represents District 48 which is the eastern half of Rutherford County and can be reached at 615-741-2180 or vie email at Rep.Bryan.Terry@Capitol.TN.Gov.

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WATCH: Rep. Bryan Terry Interviews With News 5 On Opioid Crisis

August 24, 2017 By Admin

NASHVILLE, Aug. 24, 2017– This week, Tennessee State Rep. Bryan Terry (R-Murfreesboro) and State Sen. Steve Dickerson (R-Nashville) sat down with News Channel 5 for an extensive interview over the opioid crisis Tennessee is facing. Watch the interview below.

Segment 1

Segment 2

Segment 3

Segment 4

Bryan Terry, MD serves as Chairman of the House Health Subcommittee, as well as a member of the House Health and Civil Justice Committees. He lives in Murfreesboro and represents House District 48, which includes the eastern half of Rutherford County. Terry can be reached by calling (615) 741-2180 or emailing: Rep.Bryan.Terry@capitol.tn.gov.

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State Rep. Bryan Terry Encourages Residents To Utilize Annual Sales Tax Holiday

July 27, 2017 By Admin

(NASHVILLE) July 27, 2017— With the beginning of a new school year right around the corner, State Representative Bryan Terry (R-Murfreesboro ) is encouraging the families who live in House District 48 to utilize the state’s annual sales tax holiday to save on items such as clothing, school and art supplies, as well as computer purchases.

The state’s annual Tax Free Weekend is set for July 28-July 30. It begins at 12:01 a.m. on Friday, July 28 and ends at 11:59 p.m. on Sunday, July 30. The holiday was established by the Tennessee General Assembly in 2006 and has been held every year since; Tax-free purchases include clothing valued at $100 or less, school supplies costing $100 or less, and computers priced at $1,500 or less.

“Our annual sales tax holiday is a great way for the families of our community to meet their family’s needs and save more of their hard-earned money,” said Representative Terry. “This event, also, helps provide an opportunity to support our local businesses and grow the economy right here in Rutherford County.”

The sales tax holiday comes at an opportune time, as the gas tax hike just took effect July 1. “Over the last several years, we have worked hard to cut several taxes for Tennesseans. Unfortunately, and even with a 2 billion dollar surplus, we weren’t able to stop the gas tax hike,” explained Terry who fought against the hike. “The cost of school supplies can truly restrict a family’s budget,” Terry continued. “And now, with the gas tax hike impacting budgets even more, it is my hope that this opportunity will give our families a little more financial flexibility.”

For more information about the state’s Tax Free Holiday, please visit: https://www.tn.gov/revenue/article/sales-tax-holiday

Representative Bryan Terry serves as chairman of the House Health Subcommittee, as well as a member of the House Health and Civil Justice Committees. He lives in Murfreesboro and represents House District 48, which includes the eastern half of Rutherford County. He can be reached by calling (615) 741-2180 or emailing Rep.Bryan.Terry@capitol.tn.gov.

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Rep. Bryan Terry: Updates on high-speed internet, tuition for illegals, gas tax and more

April 17, 2017 By Admin

NASHVILLE, April 17, 2017– The week ending April 14th had a lot of action at the Capitol. Issues including broadband, in state tuition for illegal immigrants, education, health care, and transportation were just some of the topics we addressed.

On Monday, HB 529 established a 45 million dollar grant program for expanded broadband into our underserved and rural areas. Broadband access was one of the most important issues to my constituents as I talked to folks throughout the district prior to and during session. The bill was not ideal, as I would have preferred a more free market approach, but it was apparent that other options were not going to be feasible to pass in order to help our underserved areas. I view taxes as government taking property and liberty from individuals in exchange for providing, protecting, or enhancing our liberties. This bill will help provide and enhance liberties to Tennesseans.

Prior to session on Monday, Rep. Judd Matheny and members of the Conservative Majority Caucus held a press conference to express opposition to in state tuition for illegal immigrants. While I was still working at the hospital, I was unable to attend, but was there in spirit as I provided Rep. Matheny with quotes and research for the statement which I support. As I stated previously, the use of taxpayer money should be for protecting, providing, or expanding liberties of Tennesseans. When higher education is subsidized anywhere from 25-75% on the backs of Tennessee taxpayers, it is a state benefit. Taking liberty away from Tennesseans to give to illegal immigrants is a violation of our oath and is wrong, especially when there are cost effective alternatives that these individuals can obtain.

One argument I heard by one of the co-sponsors in favor of in state tuition for illegal immigrants was that, as a state, we have already “invested” in their K-12 education; therefore we should continue to “invest” so these students can be employed. There are two holes in that argument. First, by federal laws, we are required to provide a K-12 education; whereas higher education is a state benefit without those same requirements. Secondly, we have the Tennessee Lawful Employment Act of 2017 which I co-sponsored. https://www.tn.gov/workforce/article/employment-verification. In effect, anyone who hires these students with a taxpayer funded degree would be in violation of the law. So in essence, Tennessee taxpayers would be footing the bill to educate these students so that they could work in another state.

On Tuesday, HB 863, one bill that would have granted in state tuition to illegal immigrants, failed in committee 7-6 against. On Wednesday, a second bill, HB 660 failed 6-6 when one member was not present during the vote. The Education Administration and Planning committee is reconsidering their actions on April 18, but unless one of the 6 voting “no” changes their vote, the bill will once again fail. As I have stated previously, I have met those students and their advocates, and recognize that they are in an unenviable position often through no fault of their own. However, in state tuition at the expense of the taxpayer is not the answer.

The Tennessee Reconnect Act passed during the week, as well. The bill would allow adult learners over 24 to attend college in Tennessee for free in order to obtain a 2 year associates degree. While I am in favor of Tennessee progressing towards a more educated workforce, Tennessee has greater needs at the K-12 level. Currently, we have many unfunded education mandates, as well as education infrastructure needs in rapidly growing counties like Rutherford County. Those dollars could have been dedicated to our K-12 needs to free up county revenues to cover the mandates. Additionally, MTSU, which is the state leader in adult learners, does not produce two year associate degrees. Therefore, the funds would not have gone to MTSU. Understanding the drawbacks for District 48, I could not support the measure.

We adjourned my Health Subcommittee subject to the call of the Chair. One of our final bills, HB 290, reestablishes the Tenncare Advisory Council. Years ago, there was legislative oversight of Tenncare, but that responsibility was ceded to the office of the Governor. In my opinion, the lack of legislative control is a loss of the rights and privileges of the people. This bill is looking to restore those rights.

The IMPROVE Act, erroneously renamed the Tax Cut Act of 2017, passed Calendar and Rules on Thursday and will be heard on the House floor on April 19, ironically one day after your taxes are due. The original version, which was a 395 million dollar tax increase indexed to the Consumer Price Index, was soundly rejected by both the House and Senate. Many of those same folks who were telling us how great the original plan was are trying to sell us on the amended version that involves 347 million dollars in tax hikes with some offsets.

As I have previous explained, some of the taxes are paid by those traveling through our state, so, the net tax increase impact to Tennesseans is only 300 million at the pocketbook level. However, the net tax decrease to the average Tennessean is only 125 million at the pocketbook level.

There are three main tax cuts in the current House version. The Hall Tax Cut was passed last year, and it should be it’s separate, prioritized item in the budget. It is disingenuous to include this cut in the equation when we passed it last year. Therefore, the only two cuts we can honestly discuss are the grocery cut(125 million) and the Franchise & Excise tax cut(113) million. The F&E cut is targeted at manufacturers only with the bulk of the cut going to only 24 companies. Small businesses will pay the fuel tax increase, as well, but they do not receive a tax cut in the plan.

The bottom line is that the current amended version is a 300 million tax increase on the pocketbooks of families, our elderly, farmers, and small businesses, but only offers 125 million in actual offsets in tax decreases to that same population. For the current version to be pocketbook neutral to Tennesseans, the F&E cut must be across the board and there needs to be an additional 0.5% cut in the grocery tax..

As I stated above, when government takes money away from individuals in the form of taxes, government is in essence taking property and liberty. Therefore, the goal should be to provide, protect or enhance our liberty. Whether one agrees or disagrees with the the premise behind the gas tax hike or the proposed solution method, based on my evaluation, the current bill needs to spread the F&E tax cut to all businesses and come up with another 62 million in tax savings for the proposal to approach being pocketbook neutral.

With Liberty,
Dr. Bryan Terry

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Tennessee Taxpayers To Pay For Illegal Immigrants’ College Tuition

April 6, 2017 By Admin

NASHVILLE, April 5, 2017– An effort to provide in-state tuition for illegal aliens is advancing through the Tennessee General Assembly. Proponents of the legislation say it doesn’t cost our state a dime, but that’s not true. If the effort is successful, tax-payers will be on the hook in a major way.

In state tuition for 3 credit hours at MTSU is around $800. Out of state tuition for those same 3 credit hours is around $2800. However, the actual cost for MTSU to provide those 3 credit hours is around $1800.

Taxpayers subsidize around $1000 for each 3 credit hours. In fact, depending upon where a student attends college in TN, taxpayers subsidize in state tuition by covering anywhere between 25-75% of the actual cost of tuition. Folks, if it is subsidized by TN taxpayers, then it is a state benefit as defined by US code 1621.

If making an education more affordable for these students who are caught in a broken system is the goal or intent, then there already is a process. Our Governor has touted Western Governors University as an option for students to receive an education with little or no student debt. In fact, WGU-Tennessee even brags about “Little or no new student debt” on the front page of their website.

Additionally, the state of Tennessee offers an eCampus program. If one looks at the cost for 3 credit hours at MTSU, it costs $1569 which is significantly less than out of state tuition and even less than the actual cost for MTSU to provide 3 credit hours in the classroom.

If a student wants to pay even less, students can attend the University of Central Florida online. 3 credit hours for a non resident is $1149.

So understanding that state subsidized education is a state benefit and there are alternative affordable options at our universities that are supported by our Governor, as well as affordable options in other states, then why would we need to provide a state benefit to non-US citizens? Again, as I stated earlier, if the goal or intent is to help non-US citizen students who are caught in a broken system to have more affordable options for higher education, there are already options and the bill isn’t necessary.

One argument I keep hearing in favor of the bill is that many of these families are paying taxes in Tennessee. According to the Tax Foundation, the average Tennessee per capita state tax collection is $1924. The bill requires that a student attend a Tennessee high school for two years prior and graduate from a Tennessee high school. In Rutherford County, the cost to taxpayers is around $9000 per pupil. Therefore, even if both parents and the student are paying around $2000 per year in taxes($6000 total), it still costs taxpayers $3000 per year to provide an education.

Assuming the parents and student are paying $6000 in state taxes, only 42% of state taxes collected goes towards k-12 and higher education. That means that of that $6000, only $2500 goes towards education. If one assumed all of that went to higher education and zero dollars went to K-12, once a student took more than 9 hours per year at an in state rate at MTSU, taxpayers would still be picking up the tab as a state subsidized benefit.

I’ve met many of these students and there are in an unenviable position, often through no fault of their own. Additionally, out of state tuition is at a price point that is prohibitive to many students, not just non-US citizens.

However, the bottom line is that we have an oath of office that states “that I will not propose or assent to any bill, vote or resolution, which shall appear to me injurious to the people, or consent to any act or thing, whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared by the Constitution of this state.” Providing a state benefit at taxpayer expense to non-US citizens is injurious to the people of Tennessee, and providing in state tuition, especially when there are alternatives, most definitely lessens and abridges the rights and privileges of Tennesseans.

With Liberty,
Rep. Bryan Terry

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Rep. Terry: Latest Updates on Gas Tax, Education, Healthcare & More

March 19, 2017 By Admin

NASHVILLE, March 17, 2017– The week of March 13th through 17 was a busy week as many exciting things occurred on and around the Hill. Unfortunately, I was unable to shoot a video update this week, but I’ve got some info on the week’s events. I plan to write up a separate update on President Trump’s visit.

On Monday, HB 960, the Reliable Care Act, was heard in Pensions and Insurance which is a joint House and Senate committee that hears bills that may have an impact on state employee pensions or insurance. It is my belief that the bill would have a positive impact, as employees on our state insurance would have reliable prescription coverage if HB 960 passes. The committee did not take any action on the bill, as we are still looking at potential amendments and my meeting with Insurance Commissioner McPeak had to be rescheduled until after the committee met. The Tennessee insurance commission is deferred on my bill which means they are neutral.

Additionally, on Monday, I worked with the Tennessee Education Association and the Department of Education to broker a deal on my teacher evaluation validity bill, HB 795. Last year, both agreed to work with me on the issue, but had yet been able to do so. This year, we are putting the plan to action. The Tennessee Code has a process in place for evaluation of teachers, but the manner, in my opinion, in which the evaluation process, rationale of action, and feedback from teachers is executed is incomplete which negatively effects the validity of the evaluations and the morale of teachers.

Currently, based on feedback from educators, there is a lot of miscommunication or poor communication from the Dept. of Education to our teachers and LEAs as it relates to evaluations. The TDOE does provide a very technical guide and report in a yearly basis, but the report just isn’t practical to any LEA, teacher, legislator, parent or student. Jointly, with the TDOE and the TEA, we are getting together a task force that will put together an executive summary on validity that will be more useful to teachers and LEAs than the current technical information the department puts out. We want the TDOE to present an easy to follow report on the evaluations that describes the past problems, current goals, and plans to improve the evaluations and testing. They will put this report together each year for LEAs, teachers, and legislators. Hopefully, teachers will find the report informative and be able to provide feedback to us and the department for future years. My teachers, parents and students know that I am dedicated to standing up for them on the testing and evaluation issue.

On Tuesday, HB 405 which allows health insurance credentialing of pharmacists, passed in the Insurance and Banking full committee. It, then passed through calendar and rules on Thursday and will be on the house floor next week. This bill does not expand the scope of practice for pharmacists, but will, finally, allow them to be credentialed with insurers in order to receive payment for some of the patient services they provide.

Perhaps the most action packed day was Wednesday March 15; otherwise known as the Ides of March. I had four bills in different committees that day. Three of the bills went through our Government Operations committee. HB 121, which allows administration of emergency medications for adrenal insufficiency in schools, passed Gov Ops on Wednesday and passed Calendar and Rules on Thursday. It will be heard on the House floor Monday of next week. HB 315, which I am carrying for the administration, also, passed Gov Ops and will go to Finance Ways and means.

A new bill that I am carrying is HB 815 which authorizes a bipartisan task force on government spending and accountability. The task force will be an independent, third party entity of Tennesseans that will look at investments, efficiency, and cost cutting measures for Tennessee. Our comptroller, Justin P Wilson, is very excited about the bill, as this task force has the potential to save our state millions. We are accountable to the people, and this is a perfect way to help our citizens have a voice. State Senator Steve Dickerson is the senate sponsor.

On Thursday, a simple, yet apparently contentious bill, HB 1111 by Chairman Farmer, was presented and passed on the House floor. In a nutshell, the bill basically says that unless a word is defined in our Tennessee code, the word is to have it’s natural meaning. I have referred to it as the “Is what is is bill” after former President Bill Clinton. We have a separation of powers. The legislative branch writes the law, and we either clearly define certain words or the words should have their natural meaning. The executive branch enforces the laws. The judicial branch interprets and applies the laws. Neither the judicial nor the executive branch have the authority to rewrite the laws nor change a law. The bill simply codifies existing state and federal case law.

I received several emails from both extremes on the bill, especially as the bill may impact various portions of our code. The correct course of action, if there is a particular section of the code that is in question, is that the judicial branch may strike down that section as unconstitutional or the legislative branch may either amend or rewrite that section of the code if that section of code becomes obsolete or incomplete. Circumventing the separation of powers is not the correct course of action, and that is what many extremists would like to do. I voted in the affirmative for no other reason than to enhance the separation of powers that has been upheld by existing case law.

On the gas tax front, the Senate amended the IMPROVE Act to decrease the gas and diesel taxes, phase them in, eliminate indexing, and increase the potential grocery tax cut. While those steps are improvements in the IMPROVE Act, the Senate proposal still isn’t pocketbook neutral to the average Tennessean and they have attempted to politicize the issue with target tax breaks.

In the House, the IMPROVE Act was rolled in committee due to the death of the father of Chairman Doss who is carrying the bill. Our thoughts and prayers go out to Chairman Doss during these tough times for his family.

As always, I’m humbled and honored to be the representative for District 48.

With liberty,
Dr. Bryan Terry

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Rep. Bryan Terry: Capitol Hill Updates On Gas Tax & More

March 13, 2017 By Admin

NASHVILLE, March 13, 2017– The week ending March 10 was an unusual week, as, due to some conflict in the schedule, I was unable to film a weekly video. It was a very busy week, and we are getting into the meat of the session.

On Monday, six bills passed through the House. Of note was HB56 by Rep. Jason Zachary(R-Knoxville) which strengthens the laws on shoplifting. Prior to session Rep. Zachary had spoken about shoplifting and the costs to businesses, consumers, and the local economies. This bill is a positive step to addressing that issue.

On Tuesday, HB 315, a health related bill that I have been asked to carry for the Haslam Administration and the Department of Health, passed through the full Health Committee. It is essentially 5 bills in one and helps the Department of Health with licensure of providers, helps protect patients from providers who have their competence, ethics, and sobriety brought into question, and it protects the privacy of providers. The bill moves on to our Government Operations Committee.

Also, on Tuesday, HB 752 by Rep. Tilman Goins(R-Morristown) passed through full Civil Justice. I am co-sponsoring the bill. As introduced, it permits a person who is granted an order of protection and who is not otherwise prohibited from purchasing, possessing, or transporting a firearm to carry a handgun for 60 days after the initial order of protection is issued. Constitutionally, this should already be allowed, but due to current Tennessee laws, this is a positive step in the right direction.

On Wednesday, HB 1189 by Matthew Hill (R-Jonesborough) passed the Health Subcommittee. It is the Tennessee Infant Protection Act, and I am a co-sponsor. The bill establishes the presumption that a 24 week gestational age unborn baby is viable. In addition, it requires that a physician determine that an unborn child isn’t viable prior to an abortion between weeks 20-24. Life of the mother is an exclusion. The bill mirrors a 2011 Ohio law that hasn’t been challenged and is constitutional. It is the only supposed pro-life bill supported by TN Right to Life, as the other bills are constitutionally suspect and place our laws that followed Amendment 1 at risk while they are in the courts.

Also, on Wednesday, the transportation bill known as the IMPROVE Act which has been amended to the Hawk Plan was rolled in committee due to a multitude of potential amendments that have been filed. The IMPROVE Act, as proposed, is a 395 million dollar tax increase on gas, diesel, and other auto related items. For our poor, middle class, elderly, and average Tennesseans, the IMPROVE Act only offers a 55 million dollar grocery tax cut. Since a fuel tax has the additional negative effects on one’s pocketbook by 1)increasing the cost of goods and services, and 2)increasing the amount of sales and grocery tax paid due to the increase in the cost of goods and services, the 55 million dollar grocery tax cut becomes negligible when taking into account the triple compounding negative financial effects to one’s pocketbook. Famed President Reagan economist, Art Laffer, referred to the proposed grocery tax cut as a pandering tax cut as it doesn’t offset the massive tax increase.

While the Hawk Plan uses 0.25% of 1% of our sales tax to supplement transportation, it has received some detractors due to it not necessarily being a “user fee” and it doesn’t specify the use of revenue from non-Tennesseans that use our roads. However, did you know that Tennessee collects around 1.6 billion dollars in sales tax from tourism? Additionally, were you aware that Tennessee collects around 900 million from auto sales tax? Not counting the millions Tennesseans spend in taxes on oil changes, tires, and auto parts, Tennessee collects well over 2.5 billion dollars in travel related taxes that are partly responsible for our BILLION dollar recurring surplus and do NOT help fund our roads.

Before our Tennessee General Assembly raises taxes that have a triple negative compounding effect on Tennessean pocketbooks, shouldn’t these potential revenue sources for transportation, at least, have a proper hearing?

Again, it is an honor and a privilege to be your state representative.

With Liberty,
Dr. Bryan Terry

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