Tennessee

Terry Introduces March Madness & Fantasy Football Freedom Act

February 28, 2019 By Admin

NASHVILLE, February 28, 2019 — The NCAA College Basketball Tournament is just around the corner.
Representative Bryan Terry (R-Murfreesboro) has filed HB 1033, which has been dubbed the “March
Madness and Fantasy Football Freedom Act”, and is aimed at decriminalizing the yearly tradition of
thousands of Tennesseans participating in low level sports entertainment office pools.

The bill would allow an individual participant to place a maximum of twenty-five dollars into a low level
sports entertainment pool that is run solely by an individual, but not a as business for profits. The
maximum size of the pool would be one thousand dollars. Most March Madness pools involve
participants filling out one or two brackets of sixty-three games with an entry fee of five or ten dollars
per bracket. Fantasy football often involves either a flat entry fee or an entry fee of around ten dollars
with one dollar added per roster transaction. The bill is limited in its scope to only low level sports
entertainment pools.

“Whether for camaraderie or for a sense of entertainment, thousands of Tennesseans participate in
these entertainment pools at work or with their friends. They put five or ten bucks in a pot and fill out a
bracket or draft a team,” explained Terry. “The activity is more about entertainment and not gambling.
Let’s be honest, one or two movie tickets often cost more than an entry into a pool, and you gamble
more on whether or not the movie is actually going to be entertaining.”

Former NBA player and U.S. Senator Bill Bradley passed the Professional and Amateur Sports Protection
Act (PASPA) in 1992 which limited any form of gambling on sports, including low level office pools, to
only four states: Nevada, Delaware, Oregon, and New Jersey. As such, the State of Tennessee has kept
statutes on the books prohibiting activities such as March Madness and Fantasy Football pools.

The legislation was filed in light of the decision reached last May by the U.S. Supreme Court in Murphy v
NCAA; a case which overturned PASPA. By dissolving the legal bounds set by PASPA, the Supreme Court
extended the right to participate in low level pools to all 50 states. “Ideally it would a simple fix to just
repeal current statutes, but that would open the door to widespread sports gambling. I’m not going
down that road. I’m just focused on ensuring office workers and friends can enjoy activities that they
have always done without risk of criminalization,” said Terry.

In 2018 it is estimated that over 70 million March Madness tournament brackets were completed
nationwide with upwards of $10 billion in various pools. Likewise, the Fantasy Sports Trade Association
estimates that thirty-three million people participate in fantasy football, with more than $1.18 B
changing hands through pools each year. Despite their widespread popularity and recent federal “green
light”, these low level sports entertainment pools, in any capacity, are still considered illegal in
Tennessee as a Class C Misdemeanor. Technically, one could be charged, convicted, and sentenced to 30
days of jail time and ordered to pay a $50 fine for participating in fantasy football or March Madness
pools. If two people were to promote the creation of an office pool, they could be charged with
Aggravated Gambling Promotion under § 39-17-503, which is a Class E Felony carrying anywhere
between one to six years in prison and a fine up to $3,000.

“The General Assembly used to utilize the Office of the Repealer to remove anachronistic or
unnecessary laws from our code. We need to go that route with March Madness misdemeanors and
Fantasy Football felonies,” exclaimed Terry. “This statute, to my knowledge, has never been enforced
and needs to be repealed.”

If the Tennessee General Assembly passes HB 1033, it will be joining 27 other states who are looking to
address this issue in some capacity. Though Terry is taking a unique approach for thousands of
Tennesseans who annually participate in low level sports entertainment pools, he hopes he can provide
security for all those who fill out brackets. “Due to PASPA, the Feds basically created a system of black
market bracketology, and it’s time that this statute goes bust like most brackets,” concluded Terry.
For more information regarding this bill please contact the office of Representative Bryan Terry at the
information below.

Office: (615) 741-2180
Email: rep.bryan.terry@capitol.tn.gov
Link to bill: http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB1033

Rep. Terry: Week one of the 111th General Assembly

January 28, 2019 By Admin

This week I filed my first two bills. The first bill is HB 120 and will increase the penalties related to illicit fentanyl, sufentanil, and carfentanil manufacturing, possession, distribution, and trafficking. Though more powerful, cheaper, and easier to traffic than heroin, they carry less of a penalty which incentivizes drug traffickers to poison our communities. I have spoken extensively with Governor Lee and his staff on this issue, and I believe he is looking into making some changes to our laws. However, I must ensure this issue is getting addressed, thus filed the bill. Senator Dickerson, who carried it last year, has agreed to carry it again.

I have, also, filed HB 123 which will allow county fire departments to appoint arson investigators and provide them with policing powers to secure the scenes of suspected arson. Municipalities currently have this authority, but this bill will extend it to the counties. Though the bill applies statewide, this is really a local issue as we are losing our arson investigator to retirement. Fire Chief Larry Farley brought this issue to my attention. The mayor, sheriff, and county commission are supportive and the state fire marshal office does not oppose.

Without an arson investigator to secure a scene, Rutherford County firefighters would be forced to keep a truck and firefighters at the scene until an investigator that covers seven counties arrives. Our fire department could then be without the use of a truck and manpower for several hours until the scene is secured. In a county that is growing like ours, this is unacceptable. Senator Shane Reeves will be carrying this bill in the Senate.

Working on Issues Important to Tennesseans

This week I continued to gather information and work on issues that are important to the District and to Tennessee. I was able to formally sit down with the new TennCare Director, Gabe Roberts and listen to his vision for TennCare. I discussed my concerns with the program, as well as offered input on how we can better serve Tennesseans. I was, also, able to meet with the Chairmen of the new TennCare and Health Insurance Committees to discuss some of our challenges ahead.

In addition to those meetings, I met with all the Health Subcommittee Chairmen and vice-chair to discuss logistics and major health issues that will be coming through our committees. I expect unborn protections, opioids, mental health treatments, certificate of need legislation and medical cannabis to be some of the issues we will discuss.

One of the major headlines this week revolved around New York’s new abortion law that, in my opinion, is not only anti-life, but dangerous to women. Allowing non-physicians to perform abortions while, also, presenting a false sense of security for women with a true medical emergency is malpractice by a state. One can rest assured that as Chairman of Health, I will work against any such legislation. In fact, I’m already working with others to further protect the unborn and women.

One should, also, know that I have held many discussions with legislators, the administration, and others on the issue cannabis based medicines. I’ve had two working drafts of legislation, but after many discussions, I have decided one pathway is clearly a better and more feasible option. As many may know, I require legislators to fill out my four step process form when they file a bill. I do the same for my legislation. The steps include: premise or problem to solve, goal or goals, options, and feasibility of those options. Understanding that my premise is that the chemicals in cannabis have medicinal properties and my goal is to get cannabis based medicines to Tennesseans in a safe and cost efficient manner, I know that there are many options to take. In fact, 33 states have taken various options. But in Tennessee, the feasibility of various options is narrow. I’m working hard to ensure we can accomplish our goals this session.

111th General Assembly Honors Martin Luther King, Pledges To Fight Racism

This week in Nashville, House Republicans formally honored Dr. Martin Luther King Jr.’s life with a resolution noting all he did to bring us together. The measure also pledges to fight racism of all types in Tennessee.

Members of the House leadership team introduced the measure during Wednesday morning’s session in the House chamber. It was later passed unanimously by the entire Tennessee General Assembly, sending a message that racism and hatred will not be tolerated in our state.

Dr. King was a prominent civil rights leader who emphasized peaceful demonstration and inspired young men and women across the country to draw attention to the injustices done solely because of race.

House Republicans are committed to honoring his incredible legacy and making King’s dream come to fruition by ensuring Tennessee is a place where equality, justice, freedom, and peace continue to grow and flourish.

Tennessee Unemployment Holds Steady During December

Statewide Unemployment Rate Remains at 3.6 percent for Second Consecutive Month

New data released by the Tennessee Department of Labor and Workforce Development shows Tennessee’s statewide unemployment rates remain near record low levels.

The seasonally adjusted statewide unemployment rate for December 2018 was 3.6 percent, which mirrored the rate from November.

Since 2011, House Republicans have supported a business-friendly environment that has led to the creation of more than 400,000 new private sector jobs. Additionally, Tennessee’s median household income is growing at the second fastest rate in the entire southeast.

Republican leaders will continue to focus on backing commonsense initiatives and eliminating burdensome regulations that hinder job growth. This will guarantee our state remains open for business.

Governor Lee Issues First Executive Order to Address Accelerated Transformation of Rural Areas

All executive departments required to assess rural impact and provide recommendations

This week, Tennessee Governor Bill Lee issued his first executive order, requiring all state executive departments to issue a statement of rural impact and provide recommendations for better serving rural Tennessee.

This executive order is the first step by the administration to accelerate plans to address 15 distressed counties in Tennessee — all rural. The order requires each executive department to submit a statement of rural impact explaining how the department serves rural Tennesseans no later than May 31, 2019 and recommendations for improving that service by June 30, 2019.

There are 22 executive departments that will engage in this review and recommendation process. Distressed counties rank among the 10 percent most economically distressed counties in the nation. Each year, the Appalachian Regional Commission (ARC) prepares an index of county economic status for every county in the United States.

Lake, Lauderdale, Hardeman, McNairy, Perry, Jackson, Clay, Grundy, Van Buren, Bledsoe, Fentress, Morgan, Scott, Hancock, and Cocke Counties are categorized as distressed counties.

Rep. Bryan Terry Named Health Committee Chairman

January 10, 2019 By Admin

NASHVILLE– The 111th Tennessee General Assembly has just gotten underway, and Representative Bryan Terry, MD (R-Murfreesboro), a Rutherford County anesthesiologist, has been named chairman of the Tennessee House of Representatives Health Committee. The assignment places him in a position to make a significant impact on the health care of Tennesseans.

“It’s truly an honor to serve District 48 and all of Tennessee in such a vital capacity,” stated Terry. “I appreciate the faith Speaker Glen Casada has placed in me by placing me in such an important role, and I look forward to the challenges ahead for the betterment of Tennesseans. I’m looking forward to working with Vice-Chairwoman Esther Helton on this important committee.”

Rep. Terry previously served as the House Health Subcommittee Chairman during the 110th General Assembly, and through his efforts, earned the promotion to full chairmanship. During his tenure as Health Subcommittee chair, he played a pivotal role in addressing the opioid crisis, crafting pro-life legislation, and working to decrease health care and prescription costs.

“The opioid crisis has been one of the biggest issues to face Tennessee,” explained Speaker Casada. “Chairman Terry showed extreme diligence and determination in helping bring solutions to the crisis. He has a track record of bringing a conservative and thoughtful businesslike approach to his committee and with the issues facing Tennessee, I’m confident that he will serve our state well.”

As full committee chairman, Terry will, also, oversee three subcommittees: Public Health, Mental Health and Substance Abuse, and Facilities, Licenses and Regulations. “The subcommittee structure will help our committee structure be more focused and efficient in order to better serve our constituents,” explained Terry.

In addition to Health, Chairman Terry has been assigned to serve on the standing Insurance committee and on the new TennCare oversight subcommittee which function under Insurance. “Many people are unaware that TennCare is under the Executive Administration’s purview. The new TennCare committee will bring more power and influence to the people. I’m excited about the opportunity to serve on these committees and help make positive changes for Tennesseans,” concluded Terry.

Representative Bryan Terry, MD serves District 48 which is the eastern half of Rutherford County. His office can be reached at Rep.Bryan.Terry@Capitol.TN.Gov or via phone at 615-741-2180.

Rep. Terry Clarifies Newly Adopted Tennessee Abortion Law

January 3, 2019 By Admin

Several new laws have now taken effect January 1. One new law surrounding abortion that has taken effect is Public Chapter 862. It says that if an abortion provider performs an ultrasound prior to an abortion(they almost always perform one), then they must offer the opportunity to the woman to learn the results. If the woman wants the results, the abortion provider must provide the results including whether or not there is a heartbeat. In addition, the presence or absence of a heartbeat must be included in their report to the state.

The law has been misreported by all sides of news media, but is landmark, constitutional legislation that is going to save lives and hopefully change hearts and minds towards the unborn. It also, unbeknownst to nearly everyone, contains former State Rep. Rick Womick’s everlasting contribution to the pro-life movement.

I know a lot of folks like political inside baseball. Below is some info on how the law got passed and what the law means:

Many folks are aware that back on 2015 Rick Womick had a controversial ultrasound bill. The original iteration had some issues, especially in relation to Amendment 1. However, in 2016, I worked with Rick to amend his bill in order to maximize unborn protections while, also, ensuring it wouldn’t negatively impact the laws surrounding Amendment 1.

Of course, the left and the media, who didn’t bother to understand the changes, were still in hysterics over his bill and several on the right still had concerns because they were not aware of the changes either. In the end, Rick stood in front of the committee. Spoke passionately about the unborn, and in a statesmanlike manner, took his bill off notice.

The amended version of Rick’s bill operated on these principles none of which can be refuted by Planned Parenthood nor pro-abortion activists or legislators.

Depending on gestation, an ultrasound is the standard of care prior to an abortion.
Providers should offer test results so patients can make an informed decision
Women(and all patients) deserve to know the results of their tests if they choose
Providers should document the test results and keep patients records(current law)
Women overwhelmingly will choose life if they know their ultrasound has a heartbeat.

To further explain these points, there are various types of abortion procedures depending on the age and size of the unborn. The state does NOT have to require an ultrasound prior to an abortion because it is already the standard of care. Depending on the perceived gestation of the unborn, the abortion clinic has to obtain an ultrasound or else they risk doing the wrong kind of abortion which is malpractice.

As an ultrasound is a medical procedure, the results should be offered to the patient. In all aspects of medicine, some patients don’t want or even care to understand the results of tests, but patients should make informed decisions on their health and in order to do that, they should be offered or given the results of their procedure. Not offering results or intentionally hiding results is unethical, and abortion providers don’t want to admit they are unethical.

By law, doctor’s offices and hospitals must keep patient records for a certain amount of time. Additionally, by law, abortion providers must submit information to the state surrounding the nature and number of abortions. This report is titled the Intrauterine Termination of Pregnancy Report(ITOP). The ITOP report, in addition to reporting the type of abortion, also, contained the gestational age of the unborn. What it did not contain was whether there was a confirmed heartbeat on the ultrasound. As the abortion clinics must keep records and have this information, this new law will require that heartbeat data be submitted, as well.

This past session, the opportunity arose to insert the principles from Womick’s bill into existing legislation. I called Rick and told him what we were going to do. I worked with the sponsor and we were able to pass the bill with overwhelming support and with Governor Haslam’s signature.

The law is a pro-woman, pro-patient, pro-life piece of legislation that is going to save unborn lives while changing minds as Tennesseans will now know the number of Tennessee heartbeats that the abortion industry takes. This couldn’t have occurred without the groundwork of Rick Womick.

And like Paul Harvey used to say, now you know the rest of the story.

Follow Dr. Terry on Facebook and Twitter.

Bryan Terry: Thanks District 48 Citizens, For Your Overwhelming Support!

November 16, 2018 By Admin

(Nashville, Tenn.) — State Representative Bryan Terry, MD (R-Murfreesboro) thanked the voters of District 48 for their overwhelming support during his successful re-election bid. Terry won by a landslide margin on election night and, also, garnered the highest percentage of votes of any state or federal candidate on the ballot in Rutherford County — including Governor-Elect Bill Lee.

“My family and I are truly humbled and honored to be re-elected to serve our community during the 111th Tennessee General Assembly,” stated an enthusiastic Dr. Terry. “Our community supports efforts to improve education, health care, safety and jobs, as opposed to the extremist rhetoric and protesting that is divisive. I have worked to be the voice for all citizens of District 48, and I look forward to continuing to serve our incredible community.”

Dr. Terry will be serving his third term in the Tennessee House of Representatives for the area that encompasses the eastern half of Rutherford County and Middle Tennessee State University. As a member of the 110th General Assembly, he served as House Health Subcommittee Chairman and was instrumental in many health care improvements — not only in Rutherford County but across Tennessee. During the crafting of Governor Haslam’s Tennessee Together plan, Dr. Terry led efforts to address the opioid crisis while working to ensure that legitimate patients were protected from unintended physical and financial consequences of any legislation.

“My goals with this important initiative were to not only help address the opioid problem plaguing Tennessee, but, also, to ensure patients were able to receive proper treatment, while also protecting their pocketbooks from burdensome expenses,” said Terry. “We know we accomplished a significant part of these goals, but we still have more work ahead, and we are already looking at new solutions to further address this critical issue.”

In addition to the opioid crisis, Terry has worked to decrease prescription costs and also improve patient access. He was instrumental in removing the gag clause on pharmacists, which previously prevented them from discussing less expensive payment options for prescription drugs. Ultimately, President Trump followed Tennessee’s lead by signing a federal law to prevent these same gag clauses.

Recently, the Trump Administration and CMS offered states access to State Relief and Empowerment Waivers. These waivers will allow Tennessee the opportunity to revamp the health insurance market by providing patients with greater choice and less expensive plans.

“We have been working to stabilize the health insurance market and help improve access and options for patients. Unfortunately, restrictions and regulations surrounding the Affordable Care Act, as well as roadblocks put forth by the Obama Administration have hindered our efforts to help our citizens,” stated Terry. “With the new guidance from the Trump Administration, Tennessee will have the opportunity to address several health care concerns including protecting those with pre-existing conditions while providing more patient centered options.”

During his tenure, Representative Terry has been known as a proactive advocate for education. He believes the combination of a new governor and the turnover among House Education Committee members will present some new challenges but, also, exciting new opportunities in order to further improve the system. “Though Tennessee has taken steps forward in education, there are still concerns that need to be addressed including testing. I look forward to continuing to be an advocate on behalf of our community as we strive to make improvements for our students, parents, and teachers,” stated Terry.

With the 111th General Assembly quickly approaching, Rep. Terry explained that he has already been working on legislation and issues for the upcoming session. “We have made remarkable progress improving Tennessee, but creating new solutions to address vital issues that will impact the future outcomes of our state is an ongoing process. I appreciate the strong partnerships I have with our citizens, local leaders, and my legislative colleagues. All of these play an important role in bringing forth innovative ideas that will move Tennessee from good to great. I am thankful to District 48 for the faith they have placed in me to continue to work for the betterment of all.”

Representative Bryan Terry, MD can be contacted at 615-741-2180 or via email at rep.Bryan.Terry@capitol.tn.gov.

From Good To Great: Protecting Our Shared Values In Tennessee

November 1, 2018 By Admin

MURFREESBORO– In recent years, Tennessee has undergone a remarkable transformation. Gone are the days of high taxes, even higher unemployment rates, dismal education rankings, threats to our security, and a stagnant economy. All of these were the result of failed Democratic leadership in Nashville prior to 2010. A new era was ushered into our Tennessee General Assembly when Republicans became the state’s majority party in 2011. Now, Tennessee is a national leader on several fronts, and conservative lawmakers who share your Tennessee values are critical to ensuring our future success.

It has been a privilege serving as your voice for our SHARED VALUES in Nashville over the last four years. During this time, I have supported measures that have improved Safety, decreased Healthcare costs, fortified our Agriculture community, enhanced Recreation and tourism, boosted Tennessee’s Education system, addressed the Diverse needs of our community, given a Voice to our citizens, lowered taxes and made government more efficient to boost Affordability, protected the Liberties afforded to us by our Constitution, strengthened protections for our Unborn children, promoted a vibrant Economy, and reinforced our Security.

Shared values are at the heart of every single aspect of my service to the citizens of our community and Tennessee. Our families and their children deserve to live in safe neighborhoods, and that’s why I have strongly advocated for additional resources that back our local law enforcement, first responders, and military personnel.

My conservative colleagues and I, also, agree we must improve access and the quality of healthcare available to our citizens while lowering costs. Obamacare mandates and regulations have already jeopardized patients by driving up costs and decreasing access to providers and facilities. House Republicans want to create a consumer-driven system that puts patients and their doctors in control of their health decisions without interference from the government or insurance providers. This can be accomplished through patient-centered reforms and innovative policies, as well as increasing competition, which will ultimately lower costs and improve access and the quality of care patients receive. With the new guidance from the Trump Administration in the form of “State Relief and Empowerment Waivers”, Tennessee will will have the opportunity to properly address a healthcare system broken by the Obama Administration.

I believe in creating jobs, not inciting mobs. We need to continue creating environments where industries like agriculture, recreation and tourism, and other important sectors thrive. Current statewide unemployment has remained near record-low levels for more than an entire year, and locally, we have the third lowest rate in the state — just 2.9 percent. The average Tennessee household income has, also, grown at the fastest rate in the southeast region.

Because of the strategic investments made by Republicans in education — including more than $200 million in new K-12 funding and $55 million in teacher pay raises just this year alone — our students are the fastest improving across math, reading, and science in the entire nation. These types of efforts help us better address the diverse needs of our citizens by preparing our current and future workers with the education and training needed to attract and fill the quality jobs in Tennessee. After all, Republican leaders want our current and future employees, entrepreneurs, and business owners to control their own destinies and excel at all levels of their careers.

In the years ahead, I will continue to give a voice to our citizens so they remain actively involved and engaged as we work on new solutions to meet their needs. While we have cut almost $1 billion dollars in taxes in recent years, we must continue to keep taxes low and government efficient. I will always fight to protect your individual liberties granted to us by our Constitution, safeguard our unborn children, back initiatives and the allocation of resources that allow for our continued economic growth and prosperity, and better secure Tennessee’s borders to keep dangerous drugs and violent criminals off of our streets.

These are very exciting times in our community, our region, and our state. We are on the verge of greatness, and I know that together, Tennessee will do more than just scratch the surface of its endless potential. Your continued partnership and support of House Republicans at the polls will ensure that Tennessee remains a model for our entire nation to follow!

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.

Rep. Bryan Terry To Introduce Medical Cannabis Legislation

September 25, 2018 By Admin

Rep. Bryan Terry To Host Town Hall On Sept. 4 From 6-8 PM

August 30, 2018 By Admin

Representative Bryan Terry, MD (R-Murfreesboro) will be kicking off the Tennessee general election season with a special “Tuesday with Dr. Terry Meet and Greet Town Hall”. The event is schedule to be held on Tuesday, September 4th from 6-8 pm at the Rutherford County GOP headquarters at 111 E. Main Street in Murfreesboro.

Rep. Terry, known for his openness and willingness to discuss issues with constituents at local events, at their doors, or on social media, has hosted several community events during his time in office including an education round table, Providers and Politics, and his Empowering Women Event. He has, also, held several “Tuesday with Dr. Terry” events where he listens to constituents and provides information on legislative issues in an informal setting. He states that this event, though, will provide for an informal meet and greet followed by a more structured town hall setting.

“As a self governance trained elected official, helping constituents understand the issues and have their voice heard at the Capitol is a responsibility that I take to heart,” stated Rep. Terry. “Regardless of the capacity, it’s opportunities like these that help our community, families, and individuals interact interact and help shape our republic.”

Dr. Terry was recently called a “model public servant” by the Tennessee Legislative Report Card in which he receive a perfect score of 100. In addition, he has received awards for being a Taxpayer Hero, a Constitution Protector, and he was recognized for his efforts in Faith, Family, Freedom, and Fiscal Responsibility by Latinos for Tennessee. He has been endorsed by the National Federation of Independent Business, the Tennessee Professional Firefighters Association, and Tennessee Right to Life.

“Elections are about choices. Whether at the federal, state, or local level, this year, we have a choice of continued economic growth, improvement in jobs and education, and protecting our rights and liberties or people can choose failed liberal policies and reckless ideologies like socialism,” explained Terry. “I’m offering the first option and I’m looking forward to the opportunity to discuss our community’s shared values and how we, working together, can continue to keep making a positive difference.”

Rep. Bryan Terry is the Republican nominee for District 48 in Tennessee which is the eastern half of Rutherford County. More information on him and his positions can be found at BryanTerry4TN.com or on Facebook at @Dr.BryanTerry.

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.

Bryan Terry Takes TN-Ready To Task: “The Tests Aren’t Valid”

April 25, 2018 By Admin

MURFREESBORO, April, 2018– Folks, as many of you now know, there was another debacle related to TN Ready, the statewide testing assessment. This past week, many members, including myself, took the lead in protecting students, teachers, and schools from adverse effects of the invalid assessments. Despite our efforts to hold these students, teachers and schools harmless for the failures of the system, one should know that there were and still are forces out there against these protective measures. They are for forging ahead without any track record of reliability or validity in the system and for preventing further protections from the errors in the system.

Where we were in education as a state and where we are now does lead credence to the fact that we have made some positive strides. But, unfortunately, many of those who point towards the successes have turned a blind eye to the setbacks, drawbacks, and failures of the system. Leadership is about determining our values and goals, looking towards the past to learn and build, then make choices for the future to best achieve the goals. Failed leadership is assigning blame and refusing to accept responsibility while pushing forward without adapting to address the mistakes of the past.

The current philosophy of the system is to set high Tennessee specific education standards, then to assess on a yearly basis how well our students have learned the standards. In addition, there is the belief that accountability measures for students, teacher, and schools should not only improve outcomes, but improve the validity of the assessments. Whether one agrees with the philosophy or not is another debate, but coinciding with this philosophy, Tennessee has shown growth in our educational scores. However, one must question which parts of the philosophy have had the most impact, which parts have failed, and what are any unintended or negative consequences of such a philosophy.

Every year since I have been in office, I have looked to address the failures and shortcomings of the system while making improvements for the betterment of students and teachers. Having a fair, consistent, and valid system that improves our education outcomes is as important as ensuring morale and confidence in the system improves, as well.

I have been leading and will continue to lead in this area. It was my amendment which provided legislative intent to rescind Common Core standards and provided the General Assembly with confirmation powers over the standards committee. It was me who brought the confirmation appointments to a halt when it was determined that these individuals weren’t being vetted properly.

Last summer, I spoke with a representative for some teachers in Rutherford County to discuss the results of the TN Ready assessment. From my perspective, the results were statistically impossible, yet teachers were being punished. Based on that discussion, an investigation ensued and it was determined that roughly 10,000 tests were mis-scored including those in Rutherford County. Following that, I was able to bring Commissioner McQueen to an education round table involving our Rutherford County delegation and Rutherford County and Murfreesboro City School Boards to discuss the philosophy, as well as the past, present and future of education. Subsequent to the discussion, the Tennessee Department of Education (TDOE) provided me with a document surrounding the validity of the TN Ready assessments.

As many of you may know, I have been harping on the problems with validity in the system and that the state should have a reliable testing system prior to applying accountability measures to students, teachers, and schools. The failure of the TDOE to produce a reliable and valid assessment all the while imposing accountability measures has led to poor morale and anxiety within the education system. Until this is addressed, we will continue to see an exodus of good teachers and an uprising of students, parents, local education officials, and legislators like me.

Consequences of testing(holding students, teachers, school accountable) is a measure of evidence for validity and does or will improve the validity of the entire system. However, the other forms of evidence for validity which are test content, response processes, internal structure, and relation to other variables need to be proven prior to adding in consequences of testing. Unfortunately, that is not the philosophy of many in the position to make changes. Tennessee needs to have an actual error proof baseline of one or two years before enacting any accountability measures. The fact that we just passed a “hold-harmless” measure leads proof that our General Assembly believes the tests are invalid despite the position of the TDOE.

I am of the opinion that without a known valid baseline for comparison(relation to a known variable, response processes), that the data shouldn’t be used. Since there have been glitches and mistakes for several years, there isn’t a valid baseline. In their own report to me on validity, the TDOE pointed out that usability is a response processes that is vital to validity. Understanding that students and teachers are having problems with the platform and directions should provide evidence that the response processes for TN Ready isn’t valid. Add in that the testing problems provides proof that there isn’t consistency in the testing which invalidates relation to known variables, and you have an invalid test.

The bottom line is that if the conditions of a test are flawed, then the results of the tests are flawed. For example, if you have a free throw shooting contest, but player A shoots in a gym and player B shoots at an outside park with 30 mph winds, you can’t compare the accuracy between both shooters because conditions are different. And you can’t punish player B’s coach because he makes less free throws.

To further use the basketball analogy, we all want Tennessee students to be the best basketball players(student scores) in the country, and we want our teachers to be the best coaches and our schools to be the best teams. Providing high standards like shooting, rebound, dribbling and defensive skills while understanding team based philosophies like trapping, pressing, man to man, zones, high/ low schemes, and offensive shot selection improves outcomes compares to basic standards like “shoot if you’re open” or “stay between your man and the goal”. Additionally, providing the proper and enough equipment including basketballs, goals, and nets in an environment conducive to practicing or playing, improves the chances that the final product succeeds.

However, providing students and teachers with deflated balls while asking them to play on goals that aren’t consistently 10 feet and expecting the results of the Golden State Warriors isn’t fair to students, parents, teachers or schools. Before we take the accountability step, shouldn’t the state at least have some reliability, consistency, and validity in the system?

UPDATE

As an update to the TN Ready debacle, on the last night of Session, the House stood in unison to protect our teachers from the invalid assessments. Last week, we had passed legislation that had been supported by the TEA to hold students, teachers, and schools harmless for the scores from this year’s TN Ready testing due to multiple problems. As part of that measure, I insisted that it apply to all teachers including those using paper testing because there had been multiple problems with both online and paper tests.

However, earlier in the week, Commissioner McQueen declared. “TNReady data from 2017-18 will count for 10% of a teacher’s overall evaluation score. The legislation passed by the General Assembly last week ensures that this 10% cannot be used in making termination or compensation decisions.” While holding teachers harmless in termination and compensation decisions for an invalid test is a goal, the implication that a teacher could still have invalid measures used in an evaluation or other adverse ways was unacceptable. More action needed to be taken and we took charge.

Last night, after hours of negotiations and heated debate, we passed an amendment on HB 75 that said that “No Adverse Actions” can be taken against students, teachers, schools, or LEAs for the 2017-18 TN Ready assessments. That phrase was vital to the amendment as using invalid tests on an evaluation to go into a teacher’s file is an adverse action.

Teachers who may benefit from the assessments may include the assessment in their evaluations or they may use their qualitative observations to count for 60% instead of 50% of their evaluations. Students or schools who may benefit may use their scores if they benefit them, as well.

Applying yearly patches to address either a failed system or failed implementation of a system is not serving students, teachers, nor taxpayers in a sensible capacity. Under the given circumstances, this amendment may have been the best feasible option for the year, but having eight months until the 111th session begins should give the next administration and General Assembly the opportunity to present a long term solution.

Just my two cents,

Rep. Bryan Terry

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