Who Should Give Medications in Nursing Homes?

A proposal to expand the range of employees in long-term care facilities who can legally administer certain medicines to patients is running into opposition from some registered nurses.

The change is designed to lighten the heavy workloads often carried by nurses — or at least to possibly free up some of their time so they can use it on more challenging professional tasks, according to some lawmakers.

At issue is a measure to let a new class of nursing assistants give patients medications like commonplace pain relievers, topical creams and a limited number of prescription drugs. Lawmakers, including Gov. Phil Bredesen, OK’d that plan last year — but the Tennessee Board of Nursing shot it down.

The measure, which was up for debate Tuesday, will be heard again next week in a legislative sub-committee.

The nursing board — in what some lawmakers saw as open defiance of the legislature and the governor — adopted rules recently indicating that registered nurses be the only ones to decide which lower level workers will give medications to whom.

Lawmakers who passed the measure last year said the specific intent was for licensed practical nurses, who are a step below registered nurses, to also delegate that duty to certified medication aides.

Two Republicans introduced bills this year that would require both registered nurses and licensed practical nurses to delegate their medicine-giving authority. They would oversee the certified medication aides who could administer the drugs once they’d completed 75 hours of training.

Individuals can apply to become a certified medication aide only after working for at least year as a nursing assistant, which includes helping patients with tasks like getting out of bed, eating or using the bathroom.

There is a long list of medications the aides would not be allowed to give, leaving only oral drugs such as Tylonol, Advil, vitamins, laxatives, blood pressure and allergy medications or topical creams like Neosporin.

Sen. Diane Black, a registered nurse from Gallatin, led her bill to passage 27-1 last month in the Senate. Sen. Beverly Marrero, D-Memphis, was the only member to vote against it.

But the House bill is still in committee.

Sponsored by Rep. Debra Young Maggart of Hendersonville, House Bill 3368 was on hold last week in the Professional Occupations subcommittee after Rep. JoAnne Favors, D-Chattanooga, and Democratic Caucus Chairman Mike Turner, D-Old Hickory expressed opposition.

Turner asked Maggart to hit the brakes for a week to give members more time to figure out their vote. Although Favors indicated there’s little likelihood she’ll be changing her mind anytime soon.

“If we pass this, we can come back in a couple years and call it the Euthanasia Bill,” Favors said during last week’s committee meeting.

The new class of nursing assistants, created by a state law approved last year, lacks the medical training necessary to understand if a patient is having an adverse reaction to a medication, she said. And requiring an additional 75 hours of training will not prevent the increased potential for deadly medicine mix-ups that the proposed legislation may inadvertently encourage, said Favors.

“It really is the dumbing-down of administering drugs, and that should not happen,” she told TNReport.

Favors opposed last year’s legislation. Despite her efforts to derail it in 2009, the measure passed by comfortable bipartisan margins in the House and Senate.

But the Tennessee Board of Nursing, which was charged with writing the rules to implement the new law, agreed with her and decided the plan wasn’t a good idea.

At the Jan. 21 board meeting, members voted on rules to keep registered nurses in charge of deciding who will give out medications to patients — essentially erasing any new authority licensed practical nurses, LPNs, would have to assign the new aides to  issue the pills or rub on medical ointments.

“We did not arbitrarily go against the will of the legislature,” said Cheryle Stegbauer who has chaired the nursing board since 2004. After listening to hours of archived legislative committee meetings discussing the measure, she said members of the board believed lawmakers were referring to registered nurses, not LPNs.

“I don’t think the board really saw that they had a mandate. If we thought we had a legislative mandate to open it to LPNs as well as RNs, we would have. We would have complied, but I don’t think that’s our understanding,” she told a committee of lawmakers Tuesday. “If you talk about intent of the legislature, you can look at the tapes and a lot of things said were not exactly what happened in the law.”

She said the board will keep an eye on the bill if it moves through the legislature and continue to do what it believes is safest for the public — but doesn’t plan to try to stop the bill.

The Tennessee Nurses Association is backing the board’s rule-making decision.

“We’re trying to make this as safe as possible for our frail and elderly who can’t advocate for themselves,” said Sharon Adkins, association executive director. “LPNs are trained to give medications. And let me tell you, their training is more than 75 hours.”

AARP Tennessee, which represents retired persons, hasn’t taken a side in the bill debate.

“We see it really as a stop gap. What we really need to see in Tennessee nursing homes is more staff,” said Karin Miller, the state’s AARP spokeswoman. “The state overall is facing a nursing shortage that is expected to get worse in coming years, and that issue is only exacerbated in some of our long-term care institutions.”

Tennessee nursing homes have the second largest shortage of registered nurses in the U.S., according to a 2009 report titled “Quality of Care and Litigation in Tennessee Nursing Homes,” commissioned by AARP.

Tennessee was also one of the 10 worst states for time RNs spend with each patient, which averaged 30 minutes a day, compared to 36 minutes nationally.

According to the study, Tennessee licensed practical nurses ranked above the national average. The LPNs logged in an average of 54 minutes per patient each day, compared to the national average of 48 minutes.

There are 22,000 nurses and caretakers to manage patients in the 37,850 nursing home beds, according to the Tennessee Health Care Association, which wants the new nursing aides to administer medications.

“Clearly we do not want to reduce the licensed nursing staff. It’s to use nursing staff more efficiently in the building,” said Deborah Heeney, THCA’s government relations director who predicted the nursing board will “fight us to the end.”

“It’s just because the nurses don’t believe anyone else should be able to give medication besides the nurses,” she said.

Maggart says she has the votes to push her bill through the House, but said she may consider officially asking the state attorney general to weigh in.

“There’s a lot of ways to skin a cat. There’s other ways we can go at this if, for some reason, it doesn’t pass,” said Maggart.

TN’s Big 3 Campaign Issues: ‘Jobs, Jobs & Jobs’

Gubernatorial candidate Bill Haslam plans to launch a statewide “jobs tour” this week, and it’s safe to say he won’t be the only candidate addressing the issue for the next several months.

If there’s been one constant refrain by the candidates thus far, it’s been “jobs, jobs and jobs,” as Lt. Gov. Ron Ramsey described Tennessee’s “top three issues” in a recent speech.

Candidates often have pet projects and special agendas in any election. Sometimes candidates completely misread what the public wants and needs, but candidates from both major political parties this year seem to understand the one thing most on the public’s mind is employment and its relationship to the economy.

Haslam, Republican mayor of Knoxville, has also announced that as governor he would create regional “jobs base camps,” where 10 to 13 “regional directors” in the state will apply strategies specific to each area. Haslam says his approach would “decentralize the home office.”

Given Haslam’s assertions that he has a conservative agenda, he was asked if the regional program would add to bureaucracy and expand state government. But he quickly rejected that notion.

“We’re not adding more people. We’re just pushing more authority to the regional level,” said Haslam, whose family owns Pilot Corp., known for its Pilot Travel Centers. “We want the right people to lead that regional effort. It comes from my conviction being in business that the more we pushed decisions down to the local level, the better decisions got made, because they understood the environment there better than we did back at the main office.”

Ramsey has said he wants a focus on small business as governor, to the point he wants every department in state government thinking about it.

He relies on personal experience, where after attending East Tennessee State University and wanting to be self-employed he knew he had to work for someone for two years to get a license as a surveyor. His plan was to put in his two years then immediately quit to go out on his own. That’s what he did.

“When it came time to leave, I said I would give them a two-weeks notice, but I was told, ‘Don’t bother. Go ahead,'” Ramsey said. So he left, and the next day his wife gave birth.

“I didn’t know where my paycheck was coming from. We started with only a pickup truck and a prayer,” Ramsey said.

So Ramsey says he understands the needs of small businesses.

Democrat Mike McWherter, a Jackson businessman, told an audience of the Tennessee Chamber of Commerce last week he knows what the state’s priorities should be.

“Tennessee needs a governor who will put the creation and retention of jobs front and center on the agenda. That’s why I’m running for governor,” said McWherter, son of former Tennessee governor Ned McWherter. “Like you, I’m a business person, not a career politician. Like you, I understand what it is to make a payroll. Like you, I understand what it is to sit down and work out a health care plan for the year. Like you, I understand what it is to build a budget and live within that.

“If Tennessee is going to prosper, the next governor has got to be an individual with the skills and background who understands how to build this economy, how to create jobs and, I think most importantly, how to maintain jobs here in Tennessee.”

McWherter said it’s important to get greater accountability out of state government.

“I’ve spent my last 20 years in business creating jobs. In short, that’s what I’m all about. Job creation,” he said. “If we’re going to turn this economy around here at home, we’ve got to put Tennesseans to work, and we’ve got to put Tennessee businesses first.

“If you run an existing business in Tennessee, I have a message for you. I know you’re struggling. But help is on the way.”

McWherter’s Democratic opponent, former legislator Kim McMillan, speaks frequently of the need to capitalize on partnerships like the one at Austin Peay State University and the new Hemlock Semiconductor business in Clarksville, focusing on green technology jobs.

Republican candidate Zach Wamp, a member of Congress from Chattanooga, says that in 10 years the state should go from third to first in automotive manufacturing, and from third to first in energy technologies, including green energy.

He’s fond of saying, “If someone doesn’t make it, build it or grow it, you can’t service it or sell it.”

Wamp also sees an opportunity for job creation in a sector many Tennesseans don’t even think about. He wants to establish a defense corridor, capitalizing on the state’s military assets and using them as an opportunity to establish even more jobs. Wamp says a line of Tennessee military businesses and study centers would fall between Huntsville, Ala., and Fort Campbell, Ky.

Republican Bill Gibbons, district attorney general in Shelby County, focuses on the state’s standing in the region.

“I want to make sure we are above the Southeast average in per capita income,” Gibbons said. “Right now we’re about $1,000 below it and $5,000 below the national average. I think an achievable goal is to be above the Southeast average by the end of the first term. We also have an under-employment problem. The job of governor is to create a climate for economic growth, more good-paying jobs. The jobs have to come from the private sector, but the governor can lead the way in creating that climate for economic growth.”

Gibbons said the climate includes keeping taxes low, providing infrastructure for growth, reducing red tape in state government and to “go after the growth industries of the future.”

Guv Budgets $164M in Bonuses Amid Cutbacks

Despite plans to slash health care for the poor and issue pink slips to hundreds of state employees, Gov. Phil Bredesen wants to give teachers and the state workers who keep their jobs a bonus check.

The governor’s $28.41 billion proposed FY2011 budget calls for issuing government, higher education and some K-12 workers a one-time gratuity amounting to 3 percent of their yearly salary. It is designed to help offset a three-year pay freeze for state employees, administration officials say.

The average state employee who makes $47,000 a year could collect an additional $1,410.

“I know our state employees are glad to be working, but they have been without raises since 2007 and I would like to recognize their dedication by using some of our reserves to continue the enhanced 401k match at its current level and also pay them a three percent bonus,” Bredesen said in his State of the State speech Feb. 1.

The administration is, however, leaving to lawmakers’ discretion the question of whether all employees should receive a flat 3 percent bonus, or if it ought to be weighted differently for different income levels, said Finance Department spokeswoman Lola Potter.

Members of Tennessee State Employees Association oppose Bredesen’s proposed layoffs. But they’re uninterested in trading away the potential bonuses to help keep co-workers employed, and would “ride us out of town on a rail” were the suggestion put seriously forward by union leadership, said Robert O’Connell, the association’s interim director.

Democrats at the Capitol are generally voicing enthusiasm for the $164.7 million bonus package as well.

House Democratic Caucus Chairman Mike Turner, who applied last year to lead the state employee union, believes the bonus is overdue, and said he doesn’t want to see pay schedules “get any further behind.” Sen. Roy Herron, D-Dresden, described the bonus proposal as essentially a “cost of living adjustment” for state workers who are “struggling to get by, too, like a lot of other Tennesseans.”

But the bonus package will ultimately have to draw support from Republicans, who control both chambers of the General Assembly. And some aren’t so sure it’s a wise fiscal move while dipping into savings to fund government operations.

After all, the governor is also proposing to increase a number of taxes and fees to boost state revenues in addition to lopping off $200.7 million from TennCare, laying off 767 government employees, and pulling about $202 million from the state’s rainy-day reserves to stave off further budgetary belt-tightening.

“I agree that we have some employees that are hard workers and probably are not being paid what they should be for the job they are doing. But it seems kind of hard to justify giving somebody a bonus when you’re laying other employees off,” said Sen. Jim Tracy, R-Shelbyville, an owner of an insurance company who said he’s resorted to cutting employee hours to avoid reducing staff during tough economic times.

Lt. Gov. Ron Ramsey, R-Blountville, said it’s too early to tell how the issue will shake out. Ramsey, a candidate for governor, said he can see “the contradiction, so to speak” in handing out bonuses while simultaneously shedding jobs. He echoed the governor’s sentiment that most people who continue to work in this economic climate are probably just thankful for a steady paycheck.

“The average person working a job right now is just happy to have a job and no one is getting raises at this time,” he said.

In fact, large and mid-sized companies across the country are expecting to offer modest pay increases this year to valued employees, according to a recent study by Mercer, Inc., a global consulting, outsourcing and investment services company.

Of the companies surveyed for the study, salaries are projected to grow by about a 2.3 percent average in 2010, according to Mercer’s “2009/2010 U.S. Compensation Planning Survey Update,” which also reported that salaries grew 2.1 percent last year.

Thirty percent of firms had pay freezes in place during 2009, but that number is expected to drop to 14 percent this year, according to the November analysis involving more than 350 U.S. employers.

The federal government would need to OK the TennCare cuts. If it doesn’t, lawmakers will have to find somewhere else to slice out $200 million. House Republican Caucus Chairman Glen Casada said the state may have to consider using the bonus money if those cuts aren’t approved.

To offset the TennCare cuts, the Tennessee Hospital Association is proposing a tax on hospitals’ revenues. But, Casada said, that plan could also fall through.

“We don’t have too many other options to look for, for that size and that amount of money. So, yes, the teacher, employee bonus could be in trouble under those two scenarios. By fact, there’s no other alternative,” he said.

One option floating around the capitol is cutting down the size of the bonus, said Casada, a member of the House Finance, Ways & Means Committee.

“Is 3 percent too much? Is 2 percent too much? I don’t know. In my opinion there needs to be something, but how much?” he said. “That’s where everyone is right now.”

Workers in about 44,800 state government jobs — from driving TDOT trucks to working as a head administrator — would get a $45.6 million chunk of the total, according to Bredesen administration. Professors, staff and other workers filling 21,400 jobs in Tennessee colleges and universities will split $51.3 million in bonuses.

State employees and workers in higher education last saw a raise in 2007.

Legislators last offered a $400 bonus two years ago to state employees with at least three years on the state payrolls, said the Finance Department’s Potter. During the 2006-07 budget year, employees who were scheduled at least 1,600 hours, or 30 hours a week, received a $350 bonus. Both bonuses omitted employees on mandated pay schedules.

The K-12 public schools system employees, who would also receive bonuses under the governor’s plan, are not included in the ongoing state employees pay freeze. Some 64,750 teachers, 4,300 administrators and other licensed education personnel like guidance counselors and school psychologists would split $67.8 million.

The thing that ought to make the bonuses most palatable to lawmakers concerned about spending is that it is one-time money only, said Sen. Jim Kyle, D-Memphis, whereas pay raises cost the state year after year.

“It’s a lot easier to find $170 million in non-recurring money than it is to find $50 million in recurring money. If we’ve got the money, I’d rather give our employees a bonus than I would let that money sit in a savings account. They need that money,” said Kyle.

Kyle, the Senate Democratic leader and a 2010 candidate for governor, has said he’s generally pleased with the proposed budget, but that the cuts to TennCare and state staffing levels could change as lawmakers tinker with the budget over the next few months.

Andrea Zelinski can be reached at 615-489-7131 or andreazelinski@tnreport.com.

Breaking Down ‘Race to the Top’

Lawmakers will spend the next few days changing Tennessee’s education laws to make the state eligible for an infusion of federal education funding.

But the hottest issue up for debate at the statehouse this week — how strongly to tie student test scores to educators’ tenure and yearly evaluations — accounts for only 12 percent of the overall “Race to the Top” federal grant application.

“That’s just one little technical piece to be taken care of,” said Rachel Woods, spokesperson for the Tennessee Department of Education.

Race to Top pie

The $4.35 billion grant competition, which is a part of the federal stimulus package, will award the top 10 to 20 states with leading education reforms that boost student achievement and graduation rates, according to the U.S. Department of Education.

Tennessee is slated to receive more than $400 million if it wins the grant money.

U.S. Education Secretary Arne Duncan, who called this a “once in a lifetime chance” to propel student achievement, will be most interested in how Tennessee fits into the grant’s four-pronged approach for reform.

He and the U.S. Department of Education will measure how well the state can:

  • Adopt measures to better prepare students for college, work and compete in the global economy
  • Build databanks that measure students’ success; use that information to fuel instruction
  • Attract, develop, reward and keep effective teachers and principals, particularly in tough-to-teach classrooms
  • Turn around low-achieving schools.

The 102-page grant application — which scores much like a high school final exam — looks for a state to pitch several education reforms. Sections range from finding ways to improve the transition between preschool and kindergarten, how to use student data to drive instruction, and methods to better prepare students for jobs in complicated subjects like math and technology.

The application, which is estimated to take 681 hours to complete, is cut into several pieces. The slice with the heaviest weight calls for states to find, keep and develop quality teachers.

That section, worth 28 percent of the total evaluation, asks for Tennessee to prove how it will support several initiatives, such as alternative teaching certification programs and attracting quality teachers to struggling schools.

The section also calls for making professional-development programs for teachers and principals more rigorous. It also and includes linking student-performance data to salary, tenure and firing decisions — which accounts for 58 out of 138 possible scoring points.

The National Council on Teacher Quality, a Washington D.C.-based nonprofit research and advocacy group, suggests a state’s performance in this teachers section will “make or break” their application, while winning proposals break new ground in this area.

“It will require break-the-mold initiatives and iron political will on the part of states to undertake a human capital reform agenda — and, accordingly, the Department has assigned the big points and promised the big money for this tough work,” read NCTQ’s “Race to the Top Scorecard” (pdf).

Lawmakers expect to reverse a current ban on using annual standardized tests to help determine whether teachers receive tenure.

In 1992, schools began collecting student performance data through standardized tests. But the Tennessee Education Association convinced lawmakers to make it illegal to use those scores to help evaluate teacher performance for tenure.

Gov. Phil Bredesen called the special session specifically to pass legislation to help the state compete for “Race to the Top” grant money and other education issues.

He said last month the scores would have to weigh in at 50 percent or more to engage the issue. Lt. Gov. Ron Ramsey, a Republican, agreed last week with 50 percent mark and expects to push the measure through.

The main opponent, the Tennessee Education Association, said it is willing to support test scores accounting for 35 percent of teachers’ and principals’ evaluations.

For “Race to the Top” grant money, Tennessee will also have to prove it has the statewide capacity to follow through on promised reforms and show that — since at least 2003 — it’s already made good headway in improving student achievement, according to “Race to the Top” documents. The section, called “State Success Points,” represents a quarter of the grant application.

About 14 percent of the application depends on the state’s commitment to developing standards other states can later adopt on their own.

Another 11 percent is given based on the state’s recent track record for shifting more dollars to education each year and 9 percent is for using student data to drive instruction. An additional 3 percent — considered a tie-breaker — is given for developing a plan to help emphasize student studies on science, technology, engineering and math, called STEM. The application does not dictate any other specific areas of student study.

Another section includes turning around lowest-achieving schools. To do this, lawmakers expect to create a statewide “achievement” school district that will adopt those institutions and take over instructional oversight such as hiring and firing decisions.This section makes up 10 percent of the application and requires lawmakers to pass new legislation this week.

The application is due by 4:30 p.m. Jan. 19. Winning states will be announced in April.

The U.S. Department of Education will accept a second wave of applications on June 1, 2010, from states that missed the first deadline or were rejected in the Spring.

State Sovereignty Supporter Pushes Federal Mandate in TN Legislature

Earlier this year, Republican state Rep. Debra Young Maggart co-sponsored a resolution demanding that the federal government refrain from further burdening Tennessee with unwarranted and potentially unconstitutional policy mandates.

But earlier this month, Rep. Maggart and Sen. Diane Black, R-Gallatin, expressed their interest in legislatively obligating the State of Tennessee to embrace an as-yet unfulfilled federal mandate, signed by George W. Bush, that critics say violates just the sort of constitutional principles lawmakers like Maggart saw fit to reiterate in their state sovereignty resolution last session.

The federal mandate at issue here is part of the Adam Walsh Child Protection Safety Act of 2006 (pdf). Among other things, it demands harsher treatment of juveniles found guilty of committing sex crimes — in particular, by posting youthful offenders’ pictures, names, birthdays and addresses online.

“The adoption of this legislation would put Tennessee into compliance with the requirements for juveniles to be placed on state’s Sex Offender Registries under the Adam Walsh Act which was scheduled to go into effect in 2009,” according to a press release issued Dec. 7 by Maggart and Black. “Tennessee was awarded over $50 million in Byrne Grant funding last year, 10 percent of which could be in jeopardy unless the state adheres to these requirements.”

Failing to abide by the Act could result in a loss of state law enforcement subsidies of $750,000 to $940,000 next year, the Tennessee Office of Criminal Justice Programs reports.

“Is it a mandate? Yes,” said Maggart.

But she sees little in her past advocacy for the sovereignty resolution — combined with her support now for the Bush-era federal mandate — to indicate she’s guilty of a political double standard.

“I know we need this money,” Maggart told TNReport.com. “It is a mandate, but again, it is what we’re operating under, and I think that we should have uniform laws on sex offenders across the country because sex offenders are really clever.”

The Tennessee sovereignty resolution, House Joint Resolution 108 (pdf), was really meant to ward off unfunded mandates such as government-run health care or expansions of education programs, Maggart said. It wasn’t necessarily intended to label all the federal government’s directives to the states as bad.

“I just think they’re two different animals,” she said. Of the federal health legislation under consideration in Congress right now, Maggart said, “The costs are going to be out of this world.”

“But keeping sex offenders out of our community where they can prey on our children,” she added, “is a completely different thing.”

Michael Hough, a public safety specialist for the Washington D.C.-based American Legislative Exchange Council, said that elements of the Walsh Act, particularly the juvenile offender provisions, were upsetting to state lawmakers, many of them conservatives, from around the country who gathered in Atlanta last summer to discuss the law.

“Everyone basically agreed that parts of the law were very good, but — as happens a lot when the federal government passes things — they don’t really understand what’s going to happen when it is put out in the states.” said Hough, whose organization tends to promote state-level, small-government, market-oriented policy solutions.

Hough said many lawmakers complained of the costs associated with implementing much of the Walsh Act — that they’re in fact even higher than the potential Byrne grant cuts that would result from noncompliance.

Likewise, the National Conference of State Legislatures has stated that the Walsh Act works to “preempt many state laws and create an unfunded mandate for states.”

The Act was also found unconstitutional in April 2008 by a U.S. District Court judge in Florida, who declared that under the general reasoning inherent in the Walsh Act, “virtually all criminal activity would be subject to the power of the federal government.”

“Surely our founding fathers did not contemplate such a broad view of federalism,” wrote the judge.

His opinion was later overturned on appeal by the Eleventh Circuit Court of Appeals, which said the provisions of the United States Constitution allowing for regulation of interstate commerce permitted Congress to pass laws that “track those offenders who move from jurisdiction to jurisdiction.”

To date, only Ohio has adopted the Walsh Act, and currently it is under review in the state supreme court.

“This is not about kids playing doctor when they’re 10 years old,” said Maggart. “The needs of the community to be protected by a 16-year-old that’s a rapist, it outweighs everything.”

But Nashville defense attorney Brent Horst, himself a former sex-crimes prosecutor in Florida, said situations where children “playing doctor” crosses a line could result in an individual being publicly labeled as a heinous sort of criminal for decades.

“No one wants to be soft on sex offenders,” said Horst, but requiring that juvenile offenders be added to the adult registry is an “incredibly stupid, unfair and unjust” idea. It could end up subjecting a “a poor kid who’s just a normal teenager experimenting with his sexuality” to years of societal contempt, he said.

“It’s all about the (federal) money,” Horst added.

If approved by both chambers and OK’d by the governor, the new law would require juvenile offenders to register if they have been found guilty of crimes such as rape, aggravated sexual battery, aggravated rape, rape of a child, aggravated rape of a child or an attempt to commit of those crimes.

Juveniles convicted as adults under Tennessee law must already register with the sex offender website.

Maggart, who, like Sen. Black, is from Sumner County, was the No. 2 co-sponsor of the HJR108 sovereignty resolution. A very popular measure, it passed 85-2 in the House and 31-0 in the Senate. Black didn’t appear to vote on the legilsation.

HJR108 reaffirmed Tennessee’s claim as a self-governing jurisdictional entity in keeping with the Tenth Amendment, which reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

HJR108 also lamented that while “the federal government was created by the states specifically to be an agent of the states…today, in 2009, the states are demonstrably treated as agents of the federal government.”

Similar measures were enacted in several other states, but on June 23 Phil Bredesen put pen to paper and made Tennessee’s the first such resolution in the country signed by a governor.

The resolution’s chief sponsor last spring, Rep. Susan Lynn, R-Mt. Juliet, says she tends to agree with Maggart — that the Hendersonville Republican’s effort to list juveniles on public sex offender electronic bulletin boards is more an effort to improve public safety in Tennessee than an attempt to suck up to Washington, D.C.

“This would be a Tennessee law to put juveniles on a sex offender registry,” said Lynn, who supports the bill. “It would happen to be coincidence, as far as I’m concerned, that the federal government is mandating this.”

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