SB 1039 - HB 1102
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 4, 2025
Fiscal Analyst: Chris Higgins | Email: chris.higgins@capitol.tn.gov | Phone: 615-741-2564
SB 1039 - HB 1102
SUMMARY OF BILL: Prohibits a licensed healthcare facility from authorizing a healthcare
professional to perform a drug or alcohol test or screen on a patient who is pregnant or less than
one-year postpartum, or to perform a drug or alcohol test or screen on a newborn, unless prior
written and oral informed consent is given and such test or screen is within the scope of medical
care being provided to the patient. Establishes emergency situations in which a drug or alcohol test
or screen may be performed or authorized without consent.
Prohibits a licensed healthcare facility from authorizing a healthcare professional to refuse to treat a
pregnant patient or a patient who is less than one-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.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Requiring prior informed consent for the performance of certain drug or alcohol tests or
screens will not have a significant impact on the operations of the Department of Health or
the Health Facilities Commission.
• The appropriate health licensing boards can promulgate any rules necessary to implement
the proposed legislation utilizing existing personnel and resources.
• Any fiscal impact to state or local government is estimated to be not significant.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director