Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1010 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	HOUSE BILL 1220
3		-	By Johnson
	2	+	<BillNo> <Sponsor>
4	3
5	4		SENATE BILL 1010
6	5		By Oliver
7	6
8	7
9	8		SB1010
10	9		001762
11	10		- 1 -
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13	12		AN ACT to amend Tennessee Code Annotated, Title 4;
14	13		Title 8; Title 53; Title 56; Title 63; Title 68 and Title
15	14		71, relative to contraceptives.
16	15
17	16		WHEREAS, the legislature declares that freedom to access, use, or refuse a
18	17		contraceptive method of choice is a fundamental right, central to a person's liberty, privacy,
19	18		health, well-being, dignity, equality, and ability to participate in the social and economic life of
20	19		this State; and
21	20		WHEREAS, the legislature finds that contraception is safe and essential health care, and
22	21		access to contraceptive products and services is necessary for the prevention of unintended
23	22		pregnancy and sexually transmitted diseases, as well as for a person's ability to participate
24	23		equally in economic and social life, and make decisions about their families and their lives; and
25	24		WHEREAS, the legislature finds that the right to make personal decisions about
26	25		contraceptive use is important for all people, and is especially critical for historically
27	26		marginalized groups, including African-American, indigenous, and other people of color;
28	27		immigrants; lesbian, gay, bisexual, transgender, and queer people; people with disabilities;
29	28		people with low incomes; and people living in rural and underserved areas; and
30	29		WHEREAS, the legislature finds that broad access to contraceptives is internationally
31	30		recognized by the World Health Organization as advancing other human rights, such as the
32	31		right to life, liberty, expression, health, work, and education; and
33	32		WHEREAS, the legislature determines that readily and practically available
34	33		contraceptive procedures, supplies, and information regardless of sex, race, age, gender,
35	34		income, number of children, marital status, citizenship, or motive is in the best interest of the
36	35		people of this State; now, therefore,
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38	37
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41	40		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
42	41		SECTION 1. Tennessee Code Annotated, Title 68, Chapter 1, is amended by adding
43	42		the following as a new part:
44	43		68-1-2501. Short title.
45	44		This part is known and may be cited as the "Tennessee Contraceptive Freedom
46	45		Act."
47	46		68-1-2502. Definitions.
48	47		As used in this part:
49	48		(1) ''Contraception'':
50	49		(A) Means an action taken to prevent pregnancy, including the
51	50		use of contraceptives, emergency contraceptives, fertility awareness-
52	51		based methods, and sterilization procedures; and
53	52		(B) Does not mean, and is distinct from, abortion;
54	53		(2) ''Contraceptive'' means a device, medication, biological product, or
55	54		procedure that is intended for use in the prevention of pregnancy, whether
56	55		specifically intended to prevent pregnancy or for other health needs, legally
57	56		marketed under the Federal Food, Drug, and Cosmetic Act, compiled in 21
58	57		U.S.C. § 301 et seq.;
59	58		(3) ''Family planning'' includes all forms of contraception;
60	59		(4) ''Healthcare provider'' means:
61	60		(A) A healthcare practitioner, individual, or facility licensed,
62	61		authorized, certified, registered, or regulated under title 33, title 63, or this
63	62		title, federal law or order, or an executive order of the governor;
64	63		(B) Employees, agents, or contractors of practitioners, individuals,
65	64		or facilities described in subdivision (4)(A); and
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70	69		(C) The department of health and any agency, board, council, or
71	70		committee attached to the department of health;
72	71		(5) ''Health insurance carrier'' means an entity subject to the insurance
73	72		laws of this state, or subject to the jurisdiction of the commissioner of the
74	73		department of commerce and insurance, that contracts or offers to contract to
75	74		provide, deliver, arrange for, pay for, or reimburse the costs of healthcare
76	75		services, including an insurance company, a health maintenance organization, a
77	76		health service corporation, a nonprofit hospital, or another entity providing a plan
78	77		of health insurance, health benefits, or health services;
79	78		(6) ''Political subdivision'' means a local governmental entity, including a
80	79		city, town, municipality, metropolitan government, county, utility district, school
81	80		district, public building authority, housing authority, emergency communications
82	81		district, county board of health, and development district created and existing
83	82		pursuant to the laws of this state, or an instrumentality of government created by
84	83		one (1) or more local governmental entities; and
85	84		(7) ''Public health agency'':
86	85		(A) Means any public provider of local health services under
87	86		chapter 2 of this title; and
88	87		(B) Includes the department of health, a county health
89	88		department, and a district health department.
90	89		68-1-2503. Permitted services.
91	90		(a) Every individual has a fundamental right to make decisions about the
92	91		individual's reproductive health care, including the fundamental right to use or refuse
93	92		contraceptives or contraceptive supplies as defined in § 68-34-102.
94	93		(b) A healthcare provider shall:
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99	98		(1) Provide contraceptives, contraception, and information related to
100	99		contraception and family planning to consenting patients; or
101	100		(2) Refer consenting patients to a healthcare provider that can provide
102	101		contraceptives, contraception, and information related to contraception and
103	102		family planning.
104	103		(c) The rights set forth in subsection (a) must not be limited or otherwise
105	104		infringed through a limitation or requirement that:
106	105		(1) Expressly, effectively, implicitly, or as implemented singles out the
107	106		provision of contraceptives, contraception, or contraception-related information;
108	107		healthcare providers who provide contraceptives, contraception, or
109	108		contraception-related information; or facilities in which contraceptives,
110	109		contraception, or contraception-related information is provided; or
111	110		(2) Impedes access to contraceptives, contraception, or contraception-
112	111		related information.
113	112		(d) To defend against a claim that a limitation or requirement infringes on a
114	113		healthcare provider's or patient's rights in violation of subsection (c), a party must
115	114		establish, by clear and convincing evidence, that:
116	115		(1) The limitation or requirement significantly advances the safety of
117	116		contraceptives, contraception, and contraception-related information; and
118	117		(2) The safety of contraceptives, contraception, and contraception-
119	118		related information or the health of patients cannot be advanced by a less
120	119		restrictive alternative.
121	120		68-1-2504. Access.
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126	125		(a) On or after July 1, 2025, health insurance carriers and public health agencies
127	126		shall ensure affordable access to a wide range of contraceptive methods for all
128	127		consenting individuals.
129	128		(b) Affordable access must include:
130	129		(1) For a health insurance carrier that issues or renews a health
131	130		insurance policy, plan, or contract of accident or health insurance providing
132	131		benefits for medical or hospital expenses, providing full coverage for the
133	132		expenses of the contraceptive method of choice for an individual covered by the
134	133		health insurance carrier; and
135	134		(2) For a public health agency that serves the people of a municipality,
136	135		providing full coverage for the expenses of the contraceptive method of choice
137	136		for an uninsured individual residing in this state.
138	137		(c) Access to contraceptives shall not be limited by an individual's sex, race,
139	138		age, gender, income, ability to pay, number of children, marital status, citizenship, or
140	139		motive.
141	140		68-1-2505. Applicability.
142	141		(a) This state, and any political subdivision of this state, shall not administer,
143	142		implement, or enforce any law, rule, or other provision having the force and effect of law
144	143		that:
145	144		(1) Prohibits or restricts the sale, provision, or use of any contraceptives
146	145		that have been approved by the federal food and drug administration for
147	146		contraceptive purposes;
148	147		(2) Prohibits or restricts an individual from aiding another individual in
149	148		obtaining any contraceptives approved by the federal food and drug
150	149		administration or other contraceptive methods; or
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155	154		(3) Exempts any contraceptives approved by the federal food and drug
156	155		administration from any other generally applicable law in a way that would make
157	156		it more difficult to sell, provide, obtain, or use those contraceptives or
158	157		contraceptive methods.
159	158		(b) An individual or entity that is subject to a limitation or requirement that
160	159		violates this section may raise this section as a defense to any cause of action against
161	160		the individual or entity.
162	161		68-1-2506. Construction.
163	162		(a) This part must be liberally construed to effectuate its purposes.
164	163		(b) This part does not:
165	164		(1) Authorize a government or political subdivision to interfere with a
166	165		healthcare provider's ability to provide contraceptives or contraception-related
167	166		information or an individual's freedom to obtain contraceptives or to engage in
168	167		contraception;
169	168		(2) Authorize a healthcare provider, women's resource center, or
170	169		pregnancy care center to interfere with an individual's freedom to obtain
171	170		contraceptives, to engage in contraception, or to obtain medically supported
172	171		information related to contraception and family planning to consenting patients;
173	172		(3) Permit or sanction the conduct of any sterilization procedure or
174	173		contraception use without the patient's voluntary and informed consent; or
175	174		(4) Violate title 39, chapter 15, part 2.
176	175		SECTION 2. The headings in this act are for reference purposes only and do not
177	176		constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
178	177		requested to include the headings in any compilation or publication containing this act.
179	178		SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.