During last year’s session, the legislature’s slight change to the state’s abortion ban left physicians unsatisfied and unclear about what medical circumstances would allow them to legally perform an abortion. The topic of abortion is likely to be the center of attention once again this year.
As of press time, Republicans have yet to file a planned bill focusing on exceptions for fatal fetal anomalies, teased earlier this year by Sen. Richard Briggs (R-Knoxville). The “Freedom to Have Children and a Family Act” makes a selling point that complications during pregnancy could prevent future pregnancies. Official sponsors for the bill are yet to be determined, but it’s something the Tennessee Medical Association and Vanderbilt University Medical Center’s government relations team have confirmed they are a part of.
Rep. Jason Zachary (R-Knoxville) and Sen. Paul Rose (R-Tipton) introduced a very controversial piece of legislation — House Bill 1895/Senate Bill 1971 — that would make it a class C felony for an adult to assist a minor who is not their child in seeking an abortion. Supporters of such laws refer to the practice as “abortion trafficking.” A similar law passed in Idaho last year, but it was blocked by a federal judge in November. Zachary told news outlets the bill is inspired by the case of a minor who was obtaining an abortion in West Tennessee and whose guardians called him to try to intervene.
“We’re certainly, in this case, not going to allow the minor to make the decision of whether to kill the baby that’s inside of them or not,” he told NewsChannel 5.
On the other end of the spectrum, Sen. London Lamar (D-Memphis) and Rep. Aftyn Behn (D-Nashville) introduced the “Fundamental Right to Reproductive Health Care Act,” which would legalize abortion and repeal 19 laws. It’s a virtual impossibility for passage via the state’s Republican supermajority, but the Democratic lawmakers see it as symbolic commentary on the state’s stringent abortion ban.
Another bill offered by Democrats could have a better chance at staying alive this session: HB1729/SB1728, co-sponsored by Lamar and Rep. Yusuf Hakeem (D-Chattanooga), would allow exceptions for the physical and mental health of the pregnant person, as well as for rape and incest, requiring that the patient report the rape or incest to law enforcement. The pair introduced a similar bill (HB1884/SB1826) that offers the same exceptions, but without the reporting requirement.
The “Tennessee Contraceptive Freedom Act.” (HB1943/SB1804) was introduced by Rep. Gloria Johnson (D-Knoxville) and Sen. Charlane Oliver (D-Nashville) in an effort to ward off potential limits to contraception that could be extrapolated from the state’s existing abortion ban or added on in new legislation.
Opioid abatement funding filtering into the state is something to watch for this year, and some lawmakers have followed suit by filing several bills related to the opioid crisis. Legislation has been introduced to increase penalties of traveling with or exposing someone to fentanyl (HB1947/SB1754), as well as to punish those who knowingly fail to seek medical attention for someone overdosing (HB1624/SB1719). Another bill would require insurance companies to follow through on accident and sickness benefits when someone dies due to fentanyl (HB1810/SB1753). On the preventative side, HB2060 would allow doctors to prescribe more patients buprenorphine — an FDA-approved drug used to curb opioid withdrawal and cravings.
Another health care-related bill to note is HB1628/HB1735, which would create new criminal offenses of assault within a health care facility and aggravated assault within a health care facility — such cases saw an increase during the pandemic. In addition, HB1737/SB1683 seeks to cap insulin costs at no more than $35 for a 30-day supply.
State leaders return to Nashville to consider laws related to abortion, education and the ongoing culture wars
