Committee adopts amendment to limit biometric-collection barriers on licensing exams but legal questions remain

Senators weighed privacy and practical implementation concerns before adopting a change to how licensing exams use biometric data.

Chairman Crow said his bill aims to protect individuals with 'sincerely held' religious or other objections to biometric collection by requiring licensing authorities to provide reasonable accommodations so those candidates may take required exams without giving a biometric sample.

Engineering and professional groups told the committee the challenge is practical: the nationally administered FE and PE exams are contracted and governed by the National Council of Examiners for Engineering and Surveying (NCEES), and boards do not control vendor security or testing procedures. "If Tennessee passes a law that changes how the exam is administered, the state could be out of step with a national testing administrator," said Casey Anderson of the Tennessee Society of Professional Engineers.

Department of Commerce and Insurance staff explained the boards do not contract directly with national test vendors and cautioned the amendment’s language may place obligations on boards they cannot meet without changing how tests are procured. Committee counsel advised technical fixes may be necessary to ensure the statute addresses the contractor that actually administers the exams.

Despite those concerns, the committee adopted the amendment and passed the bill out of committee, directing staff to clarify whether the operative obligation should be placed on the third-party contractor or another entity to ensure examinees’ accommodation requests can be honored without disrupting national testing agreements.