HOUSE BILL 1220
By Johnson
SENATE BILL 1010
By Oliver
SB1010
001762
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AN ACT to amend Tennessee Code Annotated, Title 4;
Title 8; Title 53; Title 56; Title 63; Title 68 and Title
71, relative to contraceptives.
WHEREAS, the legislature declares that freedom to access, use, or refuse a
contraceptive method of choice is a fundamental right, central to a person's liberty, privacy,
health, well-being, dignity, equality, and ability to participate in the social and economic life of
this State; and
WHEREAS, the legislature finds that contraception is safe and essential health care, and
access to contraceptive products and services is necessary for the prevention of unintended
pregnancy and sexually transmitted diseases, as well as for a person's ability to participate
equally in economic and social life, and make decisions about their families and their lives; and
WHEREAS, the legislature finds that the right to make personal decisions about
contraceptive use is important for all people, and is especially critical for historically
marginalized groups, including African-American, indigenous, and other people of color;
immigrants; lesbian, gay, bisexual, transgender, and queer people; people with disabilities;
people with low incomes; and people living in rural and underserved areas; and
WHEREAS, the legislature finds that broad access to contraceptives is internationally
recognized by the World Health Organization as advancing other human rights, such as the
right to life, liberty, expression, health, work, and education; and
WHEREAS, the legislature determines that readily and practically available
contraceptive procedures, supplies, and information regardless of sex, race, age, gender,
income, number of children, marital status, citizenship, or motive is in the best interest of the
people of this State; now, therefore,
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 68, Chapter 1, is amended by adding
the following as a new part:
68-1-2501. Short title.
This part is known and may be cited as the "Tennessee Contraceptive Freedom
Act."
68-1-2502. Definitions.
As used in this part:
(1) ''Contraception'':
(A) Means an action taken to prevent pregnancy, including the
use of contraceptives, emergency contraceptives, fertility awareness-
based methods, and sterilization procedures; and
(B) Does not mean, and is distinct from, abortion;
(2) ''Contraceptive'' means a device, medication, biological product, or
procedure that is intended for use in the prevention of pregnancy, whether
specifically intended to prevent pregnancy or for other health needs, legally
marketed under the Federal Food, Drug, and Cosmetic Act, compiled in 21
U.S.C. § 301 et seq.;
(3) ''Family planning'' includes all forms of contraception;
(4) ''Healthcare provider'' means:
(A) A healthcare practitioner, individual, or facility licensed,
authorized, certified, registered, or regulated under title 33, title 63, or this
title, federal law or order, or an executive order of the governor;
(B) Employees, agents, or contractors of practitioners, individuals,
or facilities described in subdivision (4)(A); and
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(C) The department of health and any agency, board, council, or
committee attached to the department of health;
(5) ''Health insurance carrier'' means an entity subject to the insurance
laws of this state, or subject to the jurisdiction of the commissioner of the
department of commerce and insurance, that contracts or offers to contract to
provide, deliver, arrange for, pay for, or reimburse the costs of healthcare
services, including an insurance company, a health maintenance organization, a
health service corporation, a nonprofit hospital, or another entity providing a plan
of health insurance, health benefits, or health services;
(6) ''Political subdivision'' means a local governmental entity, including a
city, town, municipality, metropolitan government, county, utility district, school
district, public building authority, housing authority, emergency communications
district, county board of health, and development district created and existing
pursuant to the laws of this state, or an instrumentality of government created by
one (1) or more local governmental entities; and
(7) ''Public health agency'':
(A) Means any public provider of local health services under
chapter 2 of this title; and
(B) Includes the department of health, a county health
department, and a district health department.
68-1-2503. Permitted services.
(a) Every individual has a fundamental right to make decisions about the
individual's reproductive health care, including the fundamental right to use or refuse
contraceptives or contraceptive supplies as defined in § 68-34-102.
(b) A healthcare provider shall:
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(1) Provide contraceptives, contraception, and information related to
contraception and family planning to consenting patients; or
(2) Refer consenting patients to a healthcare provider that can provide
contraceptives, contraception, and information related to contraception and
family planning.
(c) The rights set forth in subsection (a) must not be limited or otherwise
infringed through a limitation or requirement that:
(1) Expressly, effectively, implicitly, or as implemented singles out the
provision of contraceptives, contraception, or contraception-related information;
healthcare providers who provide contraceptives, contraception, or
contraception-related information; or facilities in which contraceptives,
contraception, or contraception-related information is provided; or
(2) Impedes access to contraceptives, contraception, or contraception-
related information.
(d) To defend against a claim that a limitation or requirement infringes on a
healthcare provider's or patient's rights in violation of subsection (c), a party must
establish, by clear and convincing evidence, that:
(1) The limitation or requirement significantly advances the safety of
contraceptives, contraception, and contraception-related information; and
(2) The safety of contraceptives, contraception, and contraception-
related information or the health of patients cannot be advanced by a less
restrictive alternative.
68-1-2504. Access.
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(a) On or after July 1, 2025, health insurance carriers and public health agencies
shall ensure affordable access to a wide range of contraceptive methods for all
consenting individuals.
(b) Affordable access must include:
(1) For a health insurance carrier that issues or renews a health
insurance policy, plan, or contract of accident or health insurance providing
benefits for medical or hospital expenses, providing full coverage for the
expenses of the contraceptive method of choice for an individual covered by the
health insurance carrier; and
(2) For a public health agency that serves the people of a municipality,
providing full coverage for the expenses of the contraceptive method of choice
for an uninsured individual residing in this state.
(c) Access to contraceptives shall not be limited by an individual's sex, race,
age, gender, income, ability to pay, number of children, marital status, citizenship, or
motive.
68-1-2505. Applicability.
(a) This state, and any political subdivision of this state, shall not administer,
implement, or enforce any law, rule, or other provision having the force and effect of law
that:
(1) Prohibits or restricts the sale, provision, or use of any contraceptives
that have been approved by the federal food and drug administration for
contraceptive purposes;
(2) Prohibits or restricts an individual from aiding another individual in
obtaining any contraceptives approved by the federal food and drug
administration or other contraceptive methods; or
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(3) Exempts any contraceptives approved by the federal food and drug
administration from any other generally applicable law in a way that would make
it more difficult to sell, provide, obtain, or use those contraceptives or
contraceptive methods.
(b) An individual or entity that is subject to a limitation or requirement that
violates this section may raise this section as a defense to any cause of action against
the individual or entity.
68-1-2506. Construction.
(a) This part must be liberally construed to effectuate its purposes.
(b) This part does not:
(1) Authorize a government or political subdivision to interfere with a
healthcare provider's ability to provide contraceptives or contraception-related
information or an individual's freedom to obtain contraceptives or to engage in
contraception;
(2) Authorize a healthcare provider, women's resource center, or
pregnancy care center to interfere with an individual's freedom to obtain
contraceptives, to engage in contraception, or to obtain medically supported
information related to contraception and family planning to consenting patients;
(3) Permit or sanction the conduct of any sterilization procedure or
contraception use without the patient's voluntary and informed consent; or
(4) Violate title 39, chapter 15, part 2.
SECTION 2. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.