Official Summary Text
This bill requires an employer, including this state and its political subdivisions, that requires an employee or prospective employee to submit to a mental health evaluation as a condition of employment or prospective employment in a public safety posit
ion ("public safety employer") to grant such person reasonable access to their full employment record, including the results of a mental health evaluation or screening and any report from a qualified mental health professional or other evaluator. However
,
the employer may require that such access be during normal business hours.
"PUBLIC SAFETY POSITION" DEFINED
As used in this bill, a "public safety position" means employment in a position or job type that has as a primary focus the protection of persons or property, or the enforcement of laws, apprehension of criminals, or the prevention of crime. The term sp
ecifically includes a law enforcement officer; a firefighter, emergency medical technician, or volunteer rescue squad worker; an individual licensed pursuant to the Emergency Medical Services Act of 1983; and an individual licensed or registered pursuant
to
the Private Protective Services Licensing and Regulatory Act.
PROSPECTIVE EMPLOYEES
If a prospective employee submits to a mental health evaluation or screening as a condition of prospective employment with a public safety employer, and the prospective employee is denied employment, in whole or in part, because of the results of the eva
luation and screening, then the prospective employee must be granted reasonable access to the results of the evaluation or screening. The employer must (i) permit the prospective employee to submit the results of an alternative, equivalent mental health
ev
aluation or screening conducted by a qualified mental health professional, conducted at the prospective employee's expense and (ii) reevaluate the prospective employee using the submitted alternative evaluation or screening.
CAUSE OF ACTION
This bill authorizes an employee to bring a private cause of action for a violation of this bill against a public safety employer for declaratory or injunctive relief. A court must award to an employee who prevails in such action reasonable court costs
and attorney fees. As used in this bill, an "employee" means an individual who performs services for a public safety employer for valuable consideration or on a volunteer basis, but such term does not include a self-employed independent contractor.
ON MARCH 12, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2032, AS AMENDED.
AMENDMENT #1 authorizes, instead of requires, a public safety employer to reevaluate a prospective employee who is denied employment, in whole or in part, because of the results of the mental health evaluation and screening, using an alternative mental he
alth evaluation or screening submitted by the prospective employee.
This amendment l
imits the cause of action created by this bill to claims base
d
on a public safety employer's failure to grant an employee or prospective employee reasonable access to the employee or prospective employee's full employment record, including the results of a mental health evaluation or screening and any report from a
qualified mental health professional or other evaluator.
This amendment classifies as confidential a
n evaluation, result, or other record provided to an employee or prospective employee pursuant to
this bill
.
Current Bill Text
Read the full stored bill text
SENATE BILL 2032
By Lowe
HOUSE BILL 2074
By Vital
HB2074
011577
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AN ACT to amend Tennessee Code Annotated, Title 4;
Title 8; Title 38; Title 50; Title 62 and Title 68,
relative to employment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 50, Chapter 1, Part 3, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Employee" means an individual who performs services for a public
safety employer for valuable consideration, or on a volunteer basis, and does not
include a self-employed independent contractor;
(2) "Public safety employer" means an individual or entity that employs
one (1) or more employees and includes this state and political subdivisions of
this state and that requires an employee or prospective employee to submit to a
mental health evaluation as a condition of employment or prospective
employment in a public safety position;
(3) "Public safety position" means employment in a position or job type
that has as a primary focus the protection of persons or property, or the
enforcement of laws, apprehension of criminals, or the prevention of crime, and
includes:
(A) A law enforcement officer, as defined in § 7-51-210;
(B) A firefighter, emergency medical technician, or volunteer
rescue squad worker, as those terms are defined in § 7-51-210;
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(C) An individual licensed pursuant to the Emergency Medical
Services Act of 1983, compiled in title 68, chapter 140, part 3; and
(D) An individual licensed or registered pursuant to the Private
Protective Services Licensing and Regulatory Act, compiled in title 62,
chapter 35; and
(4) "Qualified mental health professional" means a qualified mental
health professional, as defined in § 33-1-101, who is authorized within the
professional's lawful scope of practice to administer a mental health evaluation
for purposes of employment in a public safety position.
(b) A public safety employer shall grant the employee or prospective employee
reasonable access to the employee or prospective employee's full employment record,
including the results of a mental health evaluation or screening and any report from a
qualified mental health professional or other evaluator. The public safety employer may
require that such access be during normal business hours.
(c) If a prospective employee submits to a mental health evaluation or screening
as a condition of prospective employment with a public safety employer, and the
prospective employee is denied employment, in whole or in part, because of the results
of the mental health evaluation and screening, then:
(1) The prospective employee must be granted reasonable access to the
results of the evaluation or screening according to subsection (b);
(2) The public safety employer must permit the prospective employee to
submit the results of an alternative, equivalent mental health evaluation or
screening conducted by a qualified mental health professional, conducted at the
prospective employee's expense; and
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(3) The public safety employer shall reevaluate the prospective employee
using the submitted alternative mental health evaluation or screening.
(d) An employee may bring a private cause of action for a violation of this
section against a public safety employer for declaratory or injunctive relief. A court shall
award to an employee who prevails in such action reasonable court costs and attorney
fees.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.