Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1102 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 1039
3	3	By Bowling
4	4
5	5	HOUSE BILL 1102
6	6	By Salinas
7	7
8	8
9	9	HB1102
10	10	002590
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 33;
14	14	Title 63 and Title 68, relative to substance use.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Title 68, Chapter 11, Part 15, is amended by
18	18	adding the following as a new section:
19	19	(a) A healthcare facility licensed under this chapter shall not authorize any
20	20	licensed, certified, or authorized healthcare professional to perform:
21	21	(1) A drug or alcohol test or screen on a patient who is pregnant or less
22	22	than one (1) year postpartum unless:
23	23	(A) The pregnant or postpartum patient provides prior written and
24	24	oral informed consent utilizing a tool or questionnaire specific for the drug
25	25	or alcohol test or screen; and
26	26	(B) The performance of the drug or alcohol test or screen is within
27	27	the scope of medical care being provided to the individual; or
28	28	(2) A drug or alcohol test or screen on a newborn unless:
29	29	(A) The individual authorized to consent for the newborn gives
30	30	prior written and oral informed consent specific to the drug or alcohol test
31	31	or screen; and
32	32	(B) The performance of the drug or alcohol test or screen is within
33	33	the scope of medical care being provided to the newborn.
34	34	(b) The written and oral informed consent to a drug or alcohol test or screen as
35	35	described in subsection (a) must:
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40	40	(1) Occur at the time of testing in a language understandable to the
41	41	pregnant or postpartum patient;
42	42	(2) Provide the patient sufficient opportunity to consider whether or not to
43	43	authorize the drug or alcohol test or screen;
44	44	(3) Minimize the possibility of coercion or undue influence, and
45	45	(4) Consist of written and oral authorization that is dated and signed, and
46	46	includes the following:
47	47	(A) A statement explaining that consenting to a drug or alcohol
48	48	test or screen is voluntary and requires written and oral informed consent,
49	49	except when conditions as described in subsection (c) are met;
50	50	(B) A statement that testing positive for drugs or alcohol could
51	51	have legal consequences, including potentially being reported to the
52	52	department of children's services and that the patient may want to consult
53	53	with legal counsel prior to or after consenting to a drug or alcohol test or
54	54	screen;
55	55	(C) A statement of the medical purpose of the test or screen;
56	56	(D) The extent of confidentiality of the test or screen results; and
57	57	(E) A general description of the test or screen.
58	58	(c)
59	59	(1) A drug or alcohol test or screen may be performed or authorized
60	60	without the consent of the patient or the individual authorized to consent for the
61	61	newborn when, in the healthcare professional's judgment, an emergency exists
62	62	and the patient or newborn is in immediate need of medical attention, and an
63	63	attempt to secure consent would result in a delay of treatment that could increase
64	64	the risk to the patient's or newborn's life or health.
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69	69	(2) In the case that drug or alcohol testing or screening is performed or
70	70	authorized under this subsection (c), the test or screen results must be discussed
71	71	with the patient or the individual authorized to consent for the newborn in
72	72	language understandable to the patient or individual authorized to consent for the
73	73	newborn and must consist of written and oral notification that is dated and
74	74	signed, and includes a statement:
75	75	(A) That testing or screening positive for drugs or alcohol could
76	76	have legal consequences, including potentially being reported to the
77	77	department of children's services, and that the patient or individual
78	78	authorized to consent for the newborn may want to consult with legal
79	79	counsel;
80	80	(B) In the medical record with a description of the emergency that
81	81	necessitated unconsented drug or alcohol testing or screening; and
82	82	(C) Explaining the extent of confidentiality of the test or screen
83	83	results.
84	84	(d) A healthcare facility licensed under this chapter shall not authorize any
85	85	licensed, certified, or authorized healthcare professional to refuse to treat a pregnant
86	86	patient or a patient who is less than one (1) year postpartum or a newborn because of
87	87	the patient or individual authorized to consent for the newborn's refusal to submit to a
88	88	drug or alcohol test or screen.
89	89	(e) A patient's right to privacy as described in this part must extend to patients in
90	90	the pregnancy and postpartum period and newborns.
91	91	(f) This section does not diminish any other requirement to obtain informed
92	92	consent for a drug or alcohol test or screen or any other procedure.
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97	97	SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it, and
98	98	applies to prohibited conduct occurring on or after such date.