Holly Fletcher

USA TODAY NETWORK – Tennessee

A bill filed Tuesday would remove a legal shield in Tennessee for parents who reject medical treatment for children in favor of treatment by prayer.

It is a crime in Tennessee to fail to provide medical care to children, with an exception, known as the Spiritual Treatment Exemption Act, for parents who want to rely on "spiritual means through prayer alone," according to state code. State Sen. Richard Briggs, R-Knoxville, filed SB 1761 to repeal the exception.

One possible use would be if a parent refuses a blood transfusion after an accident then custody of the child could be transferred to the state to allow the transfusion then transferred back to the parent, said Briggs, referencing occasions if the parent is a Jehovah's Witness and opposed to transfusions, even in life-saving circumstances.

"This is really to protect the child," Briggs said.

The current code reads: "Nothing in this part shall be construed to mean a child is abused, neglected, or endangered, or abused, neglected or endangered in an aggravated manner, for the sole reason the child is being provided treatment by spiritual means through prayer alone, in accordance with the tenets or practices of a recognized church or religious denomination by a duly accredited practitioner of the recognized church or religious denomination, in lieu of medical or surgical treatment.”

The bill applies to treatments and does not apply to vaccinations, although that may come up in the course of debate, Briggs said.

There could be pushback to the legislation from those who see it as too far an extension of government oversight, he said.

"In my mind it's no different than when the state steps in and if you see the child being abused and even potentially beaten to death and the state steps in," Briggs said. "The child does belong to the parents, but the state does have an obligation to protect children. That's the way I look at it."

Saint Thomas Health encounters refusals of treatment on occasion, said Greg Pope, chief mission and ministry officer.

"We respect religious freedom and recognize the right of individuals to refuse treatment on religious grounds, except when such refusal would result in harm to a patient below the age of consent or to any patient whose firm assent to such religious belief is unknown or unclear,” Pope said.

The law went before the Tennessee Supreme Court in fall 2014 when Jacqueline Crank of Lenoir City appealed her indictment on child neglect charges after forgoing medical treatment for her daughter, who died of Ewing's sarcoma, a rare form of cancer, at age 15 in September 2002. The Tennessee Supreme Court upheld Crank's indictment in February 2015.

Crank knew her daughter had a problem because there was a grapefruit-sized tumor on her shoulder, according to the high court's decision. Crank, a member of the Universal Life Church, opted to pray and read Scripture with her daughter and asked churches across the country to pray for Jessica, according to the document. Before Jessica died the Tennessee Department of Children's Services gained custody and authorized treatment.

The Tennessee Medical Association supports a repeal because "a child or minor is not able to make the fundamental determination for him or herself to receive that care," said Dave Chaney, director of communications.

Situations where the law would apply are rare, said Dr. Michelle Fiscus, a pediatrician in Cool Springs and the immediate past president of the Tennessee Chapter of the American Academy of Pediatrics. She has not seen a parent opt to choose prayer over treatment in the 18 years she has practiced.

Both the state chapter and the American Academy of Pediatrics would support a repeal.

"We often have an intersection between religion and medicine in that families or clergy want to pray for a child who is undergoing a certain treatment or battling a disease. Rarely is a medical treatment refused," Fiscus said.

The repeal, if passed, would take effect on July 1.

Reach Holly Fletcher at 615-259-8287 and on Twitter @hollyfletcher.