Proposed Tennessee bill could deregulate licensed professions such as Medical Professionals, Funeral Directors, Engineers, Tattoo Artists and more.

In the same house bill presented by State Rep. Daniel Martin that would allow cosmetologists to perform work without a license, many other professions are seemingly at risk for receiving the same treatment.

In HB 1945 and senate bill SB 1914, sponsored by Senator Janice Bowling, it states that it would authorize a person or persons “to perform work without a license; work for which a license, registration, or certification is normally required.” These bills would be an act to amend Tennessee Codes Title 62 (Professions, Businesses and Trades) and Title 63 (Professions of the Healing Arts).

The bill would require that the person(s) performing services enter into a written agreement with a customer that waives license, registration, or certificate normally required by law to do the desired work. The agreement would also waive any liability the customer may receive against a “person performing work that is governed by a licensure, except for an action brought for intentional, willful, or malicious conduct.”

According to the bill, the written agreement must be entered by both parties prior to any work performed. Individuals or businesses must disclose the fact they are not licensed, registered, or certified for the work that is being performed. If an individual is not informed of the written agreement prior to services, the bill would authorize said individual to “bring an action against either party to the written agreement when the party is injured from the actions deriving from the written agreement.”

This bill would apply to licenses, certifications, or registrations for the following:

• Accountants
• Architects, engineers, landscape architects, and interior designers
• Barbers
• Cosmetologists
• Funeral directors and embalmers
• Contractors
• Home inspectors
• Plumbers
• Home improvement contractors
• Locksmiths
• Real estate brokers
• Land surveyors
• Soil scientists
• Individuals engaged in the application of pesticides
• Rental location agents
• Private investigators
• Polygraph examiners
• Individuals engaged with fire protection sprinkler systems
• Servicers of fire extinguishers and related equipment
• Alarm contractors
• Private protective services
• Geologists
• Tattoo artists
• Body piercing artist
• Real estate appraisers
• Professional employer organizations.

Both bills have been filed for introduction to the Tennessee General Assembly. According to Section 29 of the bill, if passed it would take effect July 1st, 2020.