tennessee tennessee Defending Life 2012

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1 799 RANKING: 23 In past legislative sessins, pr-life effrts have been hampered by a curt-created state cnstitutinal right t abrtin; in fact, Tennessee s curt-declared right is ne f the bradest in the natin and has been used t nullify the state s infrmed cnsent law and mandatry reflectin perid befre an abrtin. But, in 2011, Tennessee ramped up its pr-life recrd by enacting a ban n s-called telemed abrtins, cutting funds t abrtin prviders, cmmending pregnancy care centers, and enacting legislatin prviding that unbrn children are separate victims f criminal vilence regardless f viability. Abrtin: The Tennessee Supreme Curt has read a state cnstitutinal right t abrtin int the state Cnstitutin. This right is deemed t be brader than that prvided under the federal cnstitutin. Tennessee s infrmed cnsent law is enjined. Abrtin facilities must pst signs indicating that a wman cannt be pressured, frced r cerced t have an abrtin against her will. A physician may nt perfrm an abrtin n an unemancipated minr under the age f 18 withut the written cnsent f ne parent unless there is a medical emergency, the minr is the victim f incest, r the minr btains a curt rder. N licensed physician may perfrm r attempt t perfrm any abrtin, including a medically induced abrtin, r may prescribe any drug r device intended t cause a medical abrtin, except in the physical presence f the pregnant wman thereby effectively prhibiting s-called telemed abrtins. Tennessee fllws the federal standard fr Medicaid funding fr abrtins, nly permitting the use f federal r state matching Medicaid funds fr abrtins necessary t preserve the life f the wman r when the pregnancy is the result f rape r incest. Tennessee law prvides that all federal mney sent t the state fr family planning services will be used fully by gvernment-run health agencies, and nne will be paid t third-party prviders r private rganizatins r entities. This law prevents abrtin prviders frm btaining family planning funds. Defending Life 2012

2 800 Tennessee prhibits the use f funds fr abrtin r abrtin research within the state Genetic Testing Prgram. A federal district curt has declared Tennessee s abrtin clinic regulatins uncnstitutinal (as applied t the particular abrtin prvider wh challenged the law). Only a physician licensed r certified by the state may perfrm an abrtin. Tennessee law prvides that n nurse practitiner r physician s assistant may write r sign a prescriptin, r dispense any drug r medicatin, r perfrm any prcedure invlving a drug r medicatin whse sle purpse is t cause an abrtin. Tennessee prhibits partial-birth abrtin. N abrtin may be perfrmed after viability unless necessary t preserve the wman s life r health. Tennessee prvides funding t pregnancy care centers thrugh a Chse Life specialty license plate prgram. The state has an enfrceable abrtin reprting law, but des nt require the reprting f infrmatin t the Centers fr Disease Cntrl (CDC). The state prhibits insurance cmpanies frm ffering abrtin cverage within state insurance Exchanges established pursuant t the federal Patient Prtectin and Affrdable Care Act (required t be peratinal in 2014). Legal Recgnitin Of Unbrn and Newly Brn: Under Tennessee law, unbrn children are separate victims f criminal vilence regardless f viability. Tennessee law prvides fr enhanced penalties fr murdering a pregnant wman. The state allws wrngful death (civil) actins nly when an unbrn child is brn alive fllwing a negligent r criminal act and dies thereafter. The state has created a specific affirmative duty fr physicians t prvide medical care and treatment t a brn-alive infant at any stage f develpment. Tennessee has a Baby Mses law, establishing a safe haven fr mthers t legally leave their infants at designated places and ensuring the infants receive apprpriate care Americans United fr Life

3 801 and prtectin. Tennessee law prvides fr a certificate f birth resulting in stillbirth. BIOETHICS LAWS: Tennessee des nt prhibit human clning r destructive embry research. Further, the state allws fetal experimentatin with the cnsent f the mther. The state Department f Health encurages healthcare prfessinals t prvide pregnant wmen with a publicatin cntaining infrmatin n crd bld banking. Tennessee maintains n meaningful regulatin f egg harvesting r assisted reprductive technlgies. END OF LIFE LAWS: Assisted suicide is a felny in Tennessee. HEALTHCARE RIGHTS OF CONSCIENCE LAWS: Participatin in Abrtins: A physician is nt required t perfrm an abrtin and n persn may be required t participate in the perfrmance f an abrtin. A hspital is nt required t permit the perfrmance f an abrtin within its facilities. Participatin in Research Harmful t Human Life Tennessee currently prvides n prtectin fr the rights f healthcare prviders wh cnscientiusly bject t participatin in human clning, destructive embry research, r ther frms f immral medical research. What Happened in 2011: Tennessee nw prtects wmen by prviding that n licensed physician may perfrm r attempt t perfrm any abrtin, including a medically induced abrtin, r may prescribe any drug r device intended t cause a medical abrtin, except in the physical presence f the pregnant wman. Defending Life 2012

4 802 Tennessee enacted a law prviding that all federal mney sent t the state fr familyplanning services will be used fully by gvernment-run health agencies, and nne will be paid t third-party prviders r private rganizatins r entities. This law prevents abrtin prviders frm btaining family planning funds. The state enacted a reslutin cmmending the wrk f pregnancy care centers. Tennessee als cnsidered a cnstitutinal amendment declaring that there is n state cnstitutinal right t abrtin r t public funding f abrtin, as well as measures amending the pst-viability law and regulating facilities that perfrm abrtins. In additin, the state cnsidered legislatin authrizing certain persns arrested fr r charged with misdemeanr ffenses while prtesting r challenging abrtin t petitin fr destructin f public recrds pertaining t such arrests r charges. Tennessee als enacted a new law prviding that unbrn children are separate victims f criminal vilence regardless f viability. Tennessee cnsidered measures related t pain management and palliative care. Tennessee did nt cnsider any measures related t biethics r healthcare rights f cnscience. Americans United fr Life

5 803 RECOMMENDATIONS FOR Tennessee Tp Pririties: State Cnstitutinal Amendment (prviding that there is n state cnstitutinal right t abrtin) Persnhd Preamble Abrtin Subsidy Prhibitin Act Wmen s Right t Knw Act Wmen s Health Prtectin Act Abrtin-Inducing Drugs Safety Act Other Pririties: Abrtin Wmen s Ultrasund Right t Knw Law Child Prtectin Act Legal Recgnitin and Prtectin fr the Unbrn: Unbrn Wrngful Death Act Pregnant Wman s Prtectin Act Biethics: Human Clning Prhibitin Act Destructive Embry Research Act Prhibitin n Public Funding f Human Clning and Destructive Embry Research Act Healthcare Freedm f Cnscience: Healthcare Freedm f Cnscience Act Americans United fr Life