Records regarding the “Human Life Protection Act” HOUSE BILL 1029 and Senate Bill 1257

Thank you for contacting the Tennessee Department of Health. By copy of this email, I am sharing your email with the appropriate team member to address your inquiry.

Best regards.

Good morning Kent,

Your request was received on March 17, 2022 for the following records:

All publicly releasable records concerning the implementation of the following state statute, signed in 2019, which will go into effect should the 1973 Supreme Court decision in Roe v. Wade be overturned later this year:
-The “Human Life Protection Act” HOUSE BILL 1029 and Senate Bill 1257: https://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB1029&GA=111 “Abortion - As enacted, enacts the Human Life Protection Act, which bans abortion in this state effective on the 30th day after the U.S. Supreme Court overturns Roe v. Wade or an amendment to the U.S. Constitution to allow states to prohibit abortion; creates exception for situations where the abortion is necessary to prevent the death of pregnant woman or prevent serious risk of substantial and irreversible impairment of major bodily function; prohibits prosecution of a woman upon whom an abortion is performed or attempted. - Amends TCA Section 9-4-5116; Title 37, Chapter 10, Part 3; Title 39, Chapter 13, Part 2; Title 39, Chapter 15, Part 2; Title 39, Chapter 13, Part 1; Title 63, Chapter 9; Title 63, Chapter 6; Title 68 and Title 71, Chapter 5. (Companion bill has been assigned Public Chapter Number 351 by the Secretary of State.)”

You need to submit proof of Tennessee citizenship, such as a copy of your Tennessee driver's license or other government-issued photo identification. Tennessee's Public Records Act provides that "[a]ll state, county and municipal records shall, at all times during business hours, . . . be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law." T.C.A. § 10-7-503(a)(2)(A). Further, the department is authorized to require any person making a request for records to present a government-issued photo identification. T.C.A. 10-7-503(a)(7)(A)(vi), Tenn. Comp. R.& Regs. 1200-35-01 et. seq., and attached Public Records Policy of the Tennessee Department of Health.

Once citizenship is established, we will review the available materials and determine if a charge will be made under the Tennessee Open Records Act. For your convenience, a copy of the department's Public Records Policy is attached to this response.

Thanks, Bill

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Bill Christian | Associate Director
Office of Communication & Media Relations
Andrew Johnson Tower, 5th Floor
710 James Robertson Parkway, Nashville, TN 37243
p. 615-741-2308
Bill.Christian@tn.gov<mailto:Bill.Christian@tn.gov>
tn.gov/health<http://www.tn.gov/health>
Connect with TDH on Facebook<https://www.facebook.com/TNDeptofHealth> and Twitter<https://twitter.com/TNDeptofHealth?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor> @TNDeptofHealth!

Good afternoon Kent,

I received the copy of your Tennessee driver’s license. As stated below, you are requesting the following:

-All publicly releasable records concerning the implementation of the following state statute, signed in 2019, which will go into effect should the 1973 Supreme Court decision in Roe v. Wade be overturned later this year:
-The “Human Life Protection Act” HOUSE BILL 1029 and Senate Bill 1257: https://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB1029&GA=111 “Abortion - As enacted, enacts the Human Life Protection Act, which bans abortion in this state effective on the 30th day after the U.S. Supreme Court overturns Roe v. Wade or an amendment to the U.S. Constitution to allow states to prohibit abortion; creates exception for situations where the abortion is necessary to prevent the death of pregnant woman or prevent serious risk of substantial and irreversible impairment of major bodily function; prohibits prosecution of a woman upon whom an abortion is performed or attempted. - Amends TCA Section 9-4-5116; Title 37, Chapter 10, Part 3; Title 39, Chapter 13, Part 2; Title 39, Chapter 15, Part 2; Title 39, Chapter 13, Part 1; Title 63, Chapter 9; Title 63, Chapter 6; Title 68 and Title 71, Chapter 5. (Companion bill has been assigned Public Chapter Number 351 by the Secretary of State.)”
Responsive records should include but not be limited to:
-Planning documents, including draft copies, concerning the implementation of the statute
-Memos
-Slides and presentations
-Emails and other written communications concerning the statute from 1/1/2021 through the day this request is processed
-Notes and guidelines, including guidance for law enforcement and medical providers concerning the statute
-Press releases and public communications concerning the statute
Search terms should include but not be limited to “Human Life Protection Act” "HOUSE BILL 1029" "HB 1029" "Senate Bill 1257" "SB 1257" "Dolores Gresham" "Susan Lynn" "abortion" and "fetus".

To help with locating records, please provide additional clarification so that the department can identify the specific records you are seeking. The Tennessee Public Records Act states, “ Any request for inspection or copying of a public record shall be sufficiently detailed to enable the governmental entity to identify the specific records for inspection or copying.” T.C.A.§ 10-7-503(a)(4). Please provide the date range for the items in your request and include additional details, such as department officials or employees who may have responsive records. Narrowing the request will enable the department to locate the records that you are seeking in an cost-efficient and meaningful manner.

Note, with respect to your request for emails, the date range is already provided from 1/1/2021 through the date of your request. The Open Records Act defines a public record as “all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental entity”. T.C.A. 10-7-503(a)(1)(A)(i) [emphasis added]. You may ask for records through the date of your request. However, the department is not requirement to provide future records. As requested, we would appreciate additional details to identify specific emails you are seeking.

Also, you will be charged for the department's labor costs associated with producing the responsive records. The department has adopted the Schedule of Reasonable Charges established by the Office of Open Records Counsel. See, Tenn. Comp. R. & Regs. 1200-35-01-.05(1) and https://comptroller.tn.gov/content/dam/cot/orc/documents/oorc/policies-and-guidelines/ScheduleofReasonableCharges.pdf. You are required to agree to payment of the estimated costs for copies before the department will begin production of copies. See, Tenn. Code Ann. 10-7-503(a)(7)(A)(vii)(b). Furthermore, the reasonable costs must be paid before the records are produced. T.C.A. § 10-7-503(a)(7)(A)(vii)(b)and (B).

Due to the nature of your request, some of the requested records may be privileged under attorney-client privilege or deliberative process privilege. Also, records may be confidential pursuant to state law. To assist with your search, you may review the Tennessee Department of Health website, https://www.tn.gov/health under news, and the public chapter on the Tennessee Secretary of State’s website, https://publications.tnsosfiles.com/acts/111/pub/pc0351.pdf. (Public Chapter 351, 111th General Assembly Public Acts).

We respectfully request that you provide more details and clarify your request. If we do not hear from you within 10 business days, your request may be closed.

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Bill Christian | Associate Director
Office of Communication & Media Relations
Andrew Johnson Tower, 5th Floor
710 James Robertson Parkway, Nashville, TN 37243
p. 615-741-2308
Bill.Christian@tn.gov<mailto:Bill.Christian@tn.gov>
tn.gov/health<http://www.tn.gov/health>
Connect with TDH on Facebook<https://www.facebook.com/TNDeptofHealth> and Twitter<https://twitter.com/TNDeptofHealth?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor> @TNDeptofHealth!

Kent,

Thank you for providing clarification of your request for emails. We are working to collect emails responsive to you request, and it will take weeks to locate all of the files. Once we know how many emails are collected, a cost estimate will be provided to you for copies. It is anticipated a cost estimate for this request will be produced by May 6, 2022.

Thanks, Bill

[cid:image001.png@01D849A3.B3A9B490]
Bill Christian | Associate Director
Office of Communication & Media Relations
Andrew Johnson Tower, 5th Floor
710 James Robertson Parkway, Nashville, TN 37243
p. 615-741-2308
Bill.Christian@tn.gov<mailto:Bill.Christian@tn.gov>
tn.gov/health<http://www.tn.gov/health>
Connect with TDH on Facebook<https://www.facebook.com/TNDeptofHealth> and Twitter<https://twitter.com/TNDeptofHealth?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor> @TNDeptofHealth!

Kent,
As requested, you are only seeking emails from January 1, 2022 through April 12, 2022 regarding the implementation of the Human Life Protection Act, per your search terms. Specifically, you are interested in emails searches for the following individuals:
Luvenia Harrison, ADA Coordinator / Civil Rights Compliance Officer
-Bill Christian | Associate Director, Office of Communication & Media Relations
-Lisa Piercey, MD, MBA, FAAP Commissioner
-Vanessa Lefler, Director of Vital Statistics
-Kelly (Kron) Luskin, Woman's Health Nurse Practitioner
-Elizabeth Jones, Assistant Director of Health Planning
-Sarah Stockton, Director of Communications and Media Relations
-David Tall, Deputy Chief Information Officer
-Latisha Garrett, Director
-Rebecca Nanney, Media Director
-Elizabeth Hart, Director, Office of Faith-Based and Community Engagement
-Ibitola Asaolu, DrPH MPH
-Tobi Adeyeye Amosun, Assistant Commissioner, Director of the Division of Family Health and Wellness
-Elizabeth Harvey, CDC Senior Maternal and Child Health Epidemiology Program Assignee
-Bethany Scalise, Maternal Mortality Director
-Jolene Karol, Public Health Nurse Consultant
-John Webb, Deputy Commissioner for Operations
The Department is currently working with Strategic Technology Solutions (STS) to locate any responsive records for your request. We ask for your patience as this search requires substantial use of state resources.
Please note, David Tall is not an employee with the Department of Health, as he is employed by another state agency. Respectfully, this portion of your request is denied because the Department is not the custodian of Mr. Tall’s emails. We are continuing to search emails for the rest of the individuals listed in your request.
It is anticipated a cost estimate for the first installment of records will be provided to you by April 29, 2022. The Department has adopted the Schedule of Reasonable Charges established by the Office of Open Records Counsel. See, Tenn. Comp. R. & Regs. 1200-35-01-.05(1) and https://comptroller.tn.gov/content/dam/cot/orc/documents/oorc/policies-and-guidelines/ScheduleofReasonableCharges.pdf. You are required to agree to payment of the estimated costs for copies before the Department will begin production of copies. Tenn. Code Ann. 10-7-503(a)(7)(A)(vii)(b). Furthermore, the reasonable costs must be paid before the records are produced. Tenn. Code Ann. § 10-7-503(a)(7)(A)(vii)(b)and (B).
Your patience and cooperation is appreciated, as we are handling a large volume of public records requests.
Thank you.

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Bill Christian | Associate Director
Office of Communication & Media Relations
Andrew Johnson Tower, 5th Floor
710 James Robertson Parkway, Nashville, TN 37243
p. 615-741-2308
Bill.Christian@tn.gov<mailto:Bill.Christian@tn.gov>
tn.gov/health<http://www.tn.gov/health>
Connect with TDH on Facebook<https://www.facebook.com/TNDeptofHealth> and Twitter<https://twitter.com/TNDeptofHealth?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor> @TNDeptofHealth!

Good morning Kent,

The department has conducted a search of our records for the first installment of your request. We searched emails to and from the requested individuals using the search terms you provided (“Human Life Protection Act” "HOUSE BILL 1029" "HB 1029" "Senate Bill 1257" "SB 1257" "Dolores Gresham" "Susan Lynn" "abortion" and "fetus") for the dates January 1, 2022 through April 7, 2022.

Please note, the search term, “abortion” produced a large number of results, a significant portion of which may not be responsive to your request. The quantity of records will take a considerable amount of time and resources to review, which is reflected in the estimated charges. For this reason, a second search was conducted without this search term, and the number of records was reduced by about 1,000 emails.

Please review the attached cost estimate for the first installment of your public records request. By responding to this email, either confirm your agreement to pay these estimated costs for producing the records, or you may revise your request in order to reduce the total estimated costs. This cost estimate is provided in accordance with Tennessee Code Annotated, §10-7-503(a)(7)(A) and (B) and the Public Records Policy of the Tennessee Department of Health: https://www.tn.gov/health/health-contact-information.html.

Your prompt reply is appreciated. If we do not hear from you within 10 business days, this request may be closed.

Thanks, Bill

[cid:image001.png@01D855A7.3E9A2B20]
Bill Christian | Associate Director
Office of Communication & Media Relations
Andrew Johnson Tower, 5th Floor
710 James Robertson Parkway, Nashville, TN 37243
p. 615-741-2308
Bill.Christian@tn.gov<mailto:Bill.Christian@tn.gov>
tn.gov/health<http://www.tn.gov/health>
Connect with TDH on Facebook<https://www.facebook.com/TNDeptofHealth> and Twitter<https://twitter.com/TNDeptofHealth?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor> @TNDeptofHealth!