<BillNo> <Sponsor>
SENATE BILL 1039
By Bowling
SB1039
002590
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AN ACT to amend Tennessee Code Annotated, Title 33;
Title 63 and Title 68, relative to substance use.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 68, Chapter 11, Part 15, is amended by
adding the following as a new section:
(a) A healthcare facility licensed under this chapter shall not authorize any
licensed, certified, or authorized healthcare professional to perform:
(1) A drug or alcohol test or screen on a patient who is pregnant or less
than one (1) year postpartum unless:
(A) The pregnant or postpartum patient provides prior written and
oral informed consent utilizing a tool or questionnaire specific for the drug
or alcohol test or screen; and
(B) The performance of the drug or alcohol test or screen is within
the scope of medical care being provided to the individual; or
(2) A drug or alcohol test or screen on a newborn unless:
(A) The individual authorized to consent for the newborn gives
prior written and oral informed consent specific to the drug or alcohol test
or screen; and
(B) The performance of the drug or alcohol test or screen is within
the scope of medical care being provided to the newborn.
(b) The written and oral informed consent to a drug or alcohol test or screen as
described in subsection (a) must:
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(1) Occur at the time of testing in a language understandable to the
pregnant or postpartum patient;
(2) Provide the patient sufficient opportunity to consider whether or not to
authorize the drug or alcohol test or screen;
(3) Minimize the possibility of coercion or undue influence, and
(4) Consist of written and oral authorization that is dated and signed, and
includes the following:
(A) A statement explaining that consenting to a drug or alcohol
test or screen is voluntary and requires written and oral informed consent,
except when conditions as described in subsection (c) are met;
(B) A statement that testing positive for drugs or alcohol could
have legal consequences, including potentially being reported to the
department of children's services and that the patient may want to consult
with legal counsel prior to or after consenting to a drug or alcohol test or
screen;
(C) A statement of the medical purpose of the test or screen;
(D) The extent of confidentiality of the test or screen results; and
(E) A general description of the test or screen.
(c)
(1) A drug or alcohol test or screen may be performed or authorized
without the consent of the patient or the individual authorized to consent for the
newborn when, in the healthcare professional's judgment, an emergency exists
and the patient or newborn is in immediate need of medical attention, and an
attempt to secure consent would result in a delay of treatment that could increase
the risk to the patient's or newborn's life or health.
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(2) In the case that drug or alcohol testing or screening is performed or
authorized under this subsection (c), the test or screen results must be discussed
with the patient or the individual authorized to consent for the newborn in
language understandable to the patient or individual authorized to consent for the
newborn and must consist of written and oral notification that is dated and
signed, and includes a statement:
(A) That testing or screening positive for drugs or alcohol could
have legal consequences, including potentially being reported to the
department of children's services, and that the patient or individual
authorized to consent for the newborn may want to consult with legal
counsel;
(B) In the medical record with a description of the emergency that
necessitated unconsented drug or alcohol testing or screening; and
(C) Explaining the extent of confidentiality of the test or screen
results.
(d) A healthcare facility licensed under this chapter shall not authorize any
licensed, certified, or authorized healthcare professional to refuse to treat a pregnant
patient or a patient who is less than one (1) year postpartum or a newborn because of
the patient or individual authorized to consent for the newborn's refusal to submit to a
drug or alcohol test or screen.
(e) A patient's right to privacy as described in this part must extend to patients in
the pregnancy and postpartum period and newborns.
(f) This section does not diminish any other requirement to obtain informed
consent for a drug or alcohol test or screen or any other procedure.
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SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to prohibited conduct occurring on or after such date.