Tennessee

In past legislative sessions, pro-life efforts have been hampered by a court-created state constitutional right to abortion; in fact, Tennes­see’s court-declared right is one of the broadest in the nation and has been used to nullify the state’s informed consent law and mandatory reflection period before an abortion. But, in 2011, Tennessee ramped up its pro-life record by enacting a ban on so-called “telemed abortions,” cutting funds to abortion providers, commend­ing pregnancy care centers, and enacting legislation providing that unborn children are separate victims of criminal violence “regardless of viability.” Abortion:

• The Tennessee Supreme Court has read a state constitutional right to abortion into the state Constitution. This right is deemed to be broader than that provided under the fed­eral constitution.
• Tennessee’s informed consent law is enjoined.
• Abortion facilities must post signs indicating that a woman cannot be “pressured, forced or coerced” to have an abortion against her will.
• A physician may not perform an abortion on an unemancipated minor under the age of 18 without the written consent of one parent unless there is a medical emergency, the minor is the victim of incest, or the minor obtains a court order.
• No licensed physician may perform or attempt to perform any abortion, including a medically induced abortion, or may prescribe any drug or device intended to cause a medical abortion, except in the physical presence of the pregnant woman—thereby effectively prohibiting so-called “telemed abortions.”
• Tennessee follows the federal standard for Medicaid funding for abortions, only permit­ting the use of federal or state matching Medicaid funds for abortions necessary to pre­serve the life of the woman or when the pregnancy is the result of rape or incest.
• Tennessee law provides that all federal money sent to the state for family planning ser­vices will be used fully by government-run health agencies, and none will be paid to third-party providers or private organizations or entities. This law prevents abortion providers from obtaining family planning funds.
• Tennessee prohibits the use of funds for abortion or abortion research within the state Genetic Testing Program.
• A federal district court has declared Tennessee’s abortion clinic regulations unconstitu­tional (as applied to the particular abortion provider who challenged the law).
• Only a physician licensed or certified by the state may perform an abortion. Tennessee law provides that no nurse practitioner or physician’s assistant may write or sign a pre­scription, or dispense any drug or medication, or perform any procedure involving a drug or medication whose sole purpose is to cause an abortion.
• Tennessee prohibits partial-birth abortion.
• No abortion may be performed after viability unless necessary to preserve the woman’s life or health.
• Tennessee provides funding to pregnancy care centers through a “Choose Life” specialty license plate program.
• The state has an enforceable abortion reporting law, but does not require the reporting of information to the Centers for Disease Control (CDC).
• The state prohibits insurance companies from offering abortion coverage within state insurance Exchanges established pursuant to the federal “Patient Protection and Afford­able Care Act” (required to be operational in 2014).

Legal Recognition of Unborn and Newly Born:

• Under Tennessee law, unborn children are separate victims of criminal violence “regard­less of viability.”
• Tennessee law provides for enhanced penalties for murdering a pregnant woman.
• The state allows wrongful death (civil) actions only when an unborn child is born alive following a negligent or criminal act and dies thereafter.
• The state has created a specific affirmative duty for physicians to provide medical care and treatment to a born-alive infant at any stage of development.
• Tennessee has a “Baby Moses” law, establishing a safe haven for mothers to legally leave their infants at designated places and ensuring the infants receive appropriate care and protection.
• Tennessee law provides for a certificate of birth resulting in stillbirth.

Bioethics Laws:

• Tennessee does not prohibit human cloning or destructive embryo research. Further, the state allows fetal experimentation with the consent of the mother.
• The state Department of Health encourages healthcare professionals to provide pregnant women with a publication containing information on cord blood banking.
• Tennessee maintains no meaningful regulation of egg harvesting or assisted reproductive technologies.

End of Life Laws:

• Assisted suicide is a felony in Tennessee.

Healthcare Rights of Conscience Laws: Participation in Abortions:

• A physician is not required to perform an abortion and no person may be required to participate in the performance of an abortion.
• A hospital is not required to permit the performance of an abortion within its facilities.

Participation in Research Harmful to Human Life:

• Tennessee currently provides no protection for the rights of healthcare providers who conscientiously object to participation in human cloning, destructive embryo research, or other forms of immoral medical research.

What Happened in 2012:

• Tennessee now protects women by providing that no licensed physician may perform or attempt to perform any abortion, including a medically induced abortion, or may pre­scribe any drug or device intended to cause a medical abortion, except in the physical presence of the pregnant woman.
• Tennessee enacted a law providing that all federal money sent to the state for family-planning services will be used fully by government-run health agencies, and none will be paid to third-party providers or private organizations or entities. This law prevents abortion providers from obtaining family planning funds.
• The state enacted a resolution commending the work of pregnancy care centers.
• Tennessee also considered a constitutional amendment declaring that there is no state constitutional right to abortion or to public funding of abortion, as well as measures amending the post-viability law and regulating facilities that perform abortions.
• In addition, the state considered legislation authorizing certain persons arrested for or charged with misdemeanor offenses while protesting or challenging abortion to petition for destruction of public records pertaining to such arrests or charges.
• Tennessee also enacted a new law providing that unborn children are separate victims of criminal violence “regardless of viability.”
• Tennessee considered measures related to pain management and palliative care.
• Tennessee did not consider any measures related to bioethics or healthcare rights of conscience.

Recommendations for Tennessee Top Priorities:

• State Constitutional Amendment (providing that there is no state constitutional right to abortion)
• Personhood Preamble
• Abortion Subsidy Prohibition Act
• Women’s Right to Know Act
• Women’s Health Protection Act
• Abortion-Inducing Drugs Safety Act

Other Priorities: Abortion

• Women’s Ultrasound Right to Know Law
• Child Protection Act

Legal Recognition and Protection for the Unborn:

• Unborn Wrongful Death Act
• Pregnant Woman’s Protection Act

Bioethics:

• Human Cloning Prohibition Act
• Destructive Embryo Research Act
• Prohibition on Public Funding of Human Cloning and Destructive Embryo Research Act

Healthcare Freedom of Conscience:

• Healthcare Freedom of Conscience Act

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