Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1220 Compare Versions

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

Old	New	Differences
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2	2	SENATE BILL 1010
3	3	By Oliver
4	4
5	5	HOUSE BILL 1220
6	6	By Johnson
7	7
8	8
9	9	HB1220
10	10	001762
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13	13	AN ACT to amend Tennessee Code Annotated, Title 4;
14	14	Title 8; Title 53; Title 56; Title 63; Title 68 and Title
15	15	71, relative to contraceptives.
16	16
17	17	WHEREAS, the legislature declares that freedom to access, use, or refuse a
18	18	contraceptive method of choice is a fundamental right, central to a person's liberty, privacy,
19	19	health, well-being, dignity, equality, and ability to participate in the social and economic life of
20	20	this State; and
21	21	WHEREAS, the legislature finds that contraception is safe and essential health care, and
22	22	access to contraceptive products and services is necessary for the prevention of unintended
23	23	pregnancy and sexually transmitted diseases, as well as for a person's ability to participate
24	24	equally in economic and social life, and make decisions about their families and their lives; and
25	25	WHEREAS, the legislature finds that the right to make personal decisions about
26	26	contraceptive use is important for all people, and is especially critical for historically
27	27	marginalized groups, including African-American, indigenous, and other people of color;
28	28	immigrants; lesbian, gay, bisexual, transgender, and queer people; people with disabilities;
29	29	people with low incomes; and people living in rural and underserved areas; and
30	30	WHEREAS, the legislature finds that broad access to contraceptives is internationally
31	31	recognized by the World Health Organization as advancing other human rights, such as the
32	32	right to life, liberty, expression, health, work, and education; and
33	33	WHEREAS, the legislature determines that readily and practically available
34	34	contraceptive procedures, supplies, and information regardless of sex, race, age, gender,
35	35	income, number of children, marital status, citizenship, or motive is in the best interest of the
36	36	people of this State; now, therefore,
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41	41	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
42	42	SECTION 1. Tennessee Code Annotated, Title 68, Chapter 1, is amended by adding
43	43	the following as a new part:
44	44	68-1-2501. Short title.
45	45	This part is known and may be cited as the "Tennessee Contraceptive Freedom
46	46	Act."
47	47	68-1-2502. Definitions.
48	48	As used in this part:
49	49	(1) ''Contraception'':
50	50	(A) Means an action taken to prevent pregnancy, including the
51	51	use of contraceptives, emergency contraceptives, fertility awareness-
52	52	based methods, and sterilization procedures; and
53	53	(B) Does not mean, and is distinct from, abortion;
54	54	(2) ''Contraceptive'' means a device, medication, biological product, or
55	55	procedure that is intended for use in the prevention of pregnancy, whether
56	56	specifically intended to prevent pregnancy or for other health needs, legally
57	57	marketed under the Federal Food, Drug, and Cosmetic Act, compiled in 21
58	58	U.S.C. § 301 et seq.;
59	59	(3) ''Family planning'' includes all forms of contraception;
60	60	(4) ''Healthcare provider'' means:
61	61	(A) A healthcare practitioner, individual, or facility licensed,
62	62	authorized, certified, registered, or regulated under title 33, title 63, or this
63	63	title, federal law or order, or an executive order of the governor;
64	64	(B) Employees, agents, or contractors of practitioners, individuals,
65	65	or facilities described in subdivision (4)(A); and
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70	70	(C) The department of health and any agency, board, council, or
71	71	committee attached to the department of health;
72	72	(5) ''Health insurance carrier'' means an entity subject to the insurance
73	73	laws of this state, or subject to the jurisdiction of the commissioner of the
74	74	department of commerce and insurance, that contracts or offers to contract to
75	75	provide, deliver, arrange for, pay for, or reimburse the costs of healthcare
76	76	services, including an insurance company, a health maintenance organization, a
77	77	health service corporation, a nonprofit hospital, or another entity providing a plan
78	78	of health insurance, health benefits, or health services;
79	79	(6) ''Political subdivision'' means a local governmental entity, including a
80	80	city, town, municipality, metropolitan government, county, utility district, school
81	81	district, public building authority, housing authority, emergency communications
82	82	district, county board of health, and development district created and existing
83	83	pursuant to the laws of this state, or an instrumentality of government created by
84	84	one (1) or more local governmental entities; and
85	85	(7) ''Public health agency'':
86	86	(A) Means any public provider of local health services under
87	87	chapter 2 of this title; and
88	88	(B) Includes the department of health, a county health
89	89	department, and a district health department.
90	90	68-1-2503. Permitted services.
91	91	(a) Every individual has a fundamental right to make decisions about the
92	92	individual's reproductive health care, including the fundamental right to use or refuse
93	93	contraceptives or contraceptive supplies as defined in § 68-34-102.
94	94	(b) A healthcare provider shall:
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99	99	(1) Provide contraceptives, contraception, and information related to
100	100	contraception and family planning to consenting patients; or
101	101	(2) Refer consenting patients to a healthcare provider that can provide
102	102	contraceptives, contraception, and information related to contraception and
103	103	family planning.
104	104	(c) The rights set forth in subsection (a) must not be limited or otherwise
105	105	infringed through a limitation or requirement that:
106	106	(1) Expressly, effectively, implicitly, or as implemented singles out the
107	107	provision of contraceptives, contraception, or contraception-related information;
108	108	healthcare providers who provide contraceptives, contraception, or
109	109	contraception-related information; or facilities in which contraceptives,
110	110	contraception, or contraception-related information is provided; or
111	111	(2) Impedes access to contraceptives, contraception, or contraception-
112	112	related information.
113	113	(d) To defend against a claim that a limitation or requirement infringes on a
114	114	healthcare provider's or patient's rights in violation of subsection (c), a party must
115	115	establish, by clear and convincing evidence, that:
116	116	(1) The limitation or requirement significantly advances the safety of
117	117	contraceptives, contraception, and contraception-related information; and
118	118	(2) The safety of contraceptives, contraception, and contraception-
119	119	related information or the health of patients cannot be advanced by a less
120	120	restrictive alternative.
121	121	68-1-2504. Access.
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126	126	(a) On or after July 1, 2025, health insurance carriers and public health agencies
127	127	shall ensure affordable access to a wide range of contraceptive methods for all
128	128	consenting individuals.
129	129	(b) Affordable access must include:
130	130	(1) For a health insurance carrier that issues or renews a health
131	131	insurance policy, plan, or contract of accident or health insurance providing
132	132	benefits for medical or hospital expenses, providing full coverage for the
133	133	expenses of the contraceptive method of choice for an individual covered by the
134	134	health insurance carrier; and
135	135	(2) For a public health agency that serves the people of a municipality,
136	136	providing full coverage for the expenses of the contraceptive method of choice
137	137	for an uninsured individual residing in this state.
138	138	(c) Access to contraceptives shall not be limited by an individual's sex, race,
139	139	age, gender, income, ability to pay, number of children, marital status, citizenship, or
140	140	motive.
141	141	68-1-2505. Applicability.
142	142	(a) This state, and any political subdivision of this state, shall not administer,
143	143	implement, or enforce any law, rule, or other provision having the force and effect of law
144	144	that:
145	145	(1) Prohibits or restricts the sale, provision, or use of any contraceptives
146	146	that have been approved by the federal food and drug administration for
147	147	contraceptive purposes;
148	148	(2) Prohibits or restricts an individual from aiding another individual in
149	149	obtaining any contraceptives approved by the federal food and drug
150	150	administration or other contraceptive methods; or
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155	155	(3) Exempts any contraceptives approved by the federal food and drug
156	156	administration from any other generally applicable law in a way that would make
157	157	it more difficult to sell, provide, obtain, or use those contraceptives or
158	158	contraceptive methods.
159	159	(b) An individual or entity that is subject to a limitation or requirement that
160	160	violates this section may raise this section as a defense to any cause of action against
161	161	the individual or entity.
162	162	68-1-2506. Construction.
163	163	(a) This part must be liberally construed to effectuate its purposes.
164	164	(b) This part does not:
165	165	(1) Authorize a government or political subdivision to interfere with a
166	166	healthcare provider's ability to provide contraceptives or contraception-related
167	167	information or an individual's freedom to obtain contraceptives or to engage in
168	168	contraception;
169	169	(2) Authorize a healthcare provider, women's resource center, or
170	170	pregnancy care center to interfere with an individual's freedom to obtain
171	171	contraceptives, to engage in contraception, or to obtain medically supported
172	172	information related to contraception and family planning to consenting patients;
173	173	(3) Permit or sanction the conduct of any sterilization procedure or
174	174	contraception use without the patient's voluntary and informed consent; or
175	175	(4) Violate title 39, chapter 15, part 2.
176	176	SECTION 2. The headings in this act are for reference purposes only and do not
177	177	constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
178	178	requested to include the headings in any compilation or publication containing this act.
179	179	SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.