Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1039 Compare Versions

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

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2	2	<BillNo> <Sponsor>
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4	4	SENATE BILL 1039
5	5	By Bowling
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7	7
8	8	SB1039
9	9	002590
10	10	- 1 -
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12	12	AN ACT to amend Tennessee Code Annotated, Title 33;
13	13	Title 63 and Title 68, relative to substance use.
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15	15	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
16	16	SECTION 1. Tennessee Code Annotated, Title 68, Chapter 11, Part 15, is amended by
17	17	adding the following as a new section:
18	18	(a) A healthcare facility licensed under this chapter shall not authorize any
19	19	licensed, certified, or authorized healthcare professional to perform:
20	20	(1) A drug or alcohol test or screen on a patient who is pregnant or less
21	21	than one (1) year postpartum unless:
22	22	(A) The pregnant or postpartum patient provides prior written and
23	23	oral informed consent utilizing a tool or questionnaire specific for the drug
24	24	or alcohol test or screen; and
25	25	(B) The performance of the drug or alcohol test or screen is within
26	26	the scope of medical care being provided to the individual; or
27	27	(2) A drug or alcohol test or screen on a newborn unless:
28	28	(A) The individual authorized to consent for the newborn gives
29	29	prior written and oral informed consent specific to the drug or alcohol test
30	30	or screen; and
31	31	(B) The performance of the drug or alcohol test or screen is within
32	32	the scope of medical care being provided to the newborn.
33	33	(b) The written and oral informed consent to a drug or alcohol test or screen as
34	34	described in subsection (a) must:
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39	39	(1) Occur at the time of testing in a language understandable to the
40	40	pregnant or postpartum patient;
41	41	(2) Provide the patient sufficient opportunity to consider whether or not to
42	42	authorize the drug or alcohol test or screen;
43	43	(3) Minimize the possibility of coercion or undue influence, and
44	44	(4) Consist of written and oral authorization that is dated and signed, and
45	45	includes the following:
46	46	(A) A statement explaining that consenting to a drug or alcohol
47	47	test or screen is voluntary and requires written and oral informed consent,
48	48	except when conditions as described in subsection (c) are met;
49	49	(B) A statement that testing positive for drugs or alcohol could
50	50	have legal consequences, including potentially being reported to the
51	51	department of children's services and that the patient may want to consult
52	52	with legal counsel prior to or after consenting to a drug or alcohol test or
53	53	screen;
54	54	(C) A statement of the medical purpose of the test or screen;
55	55	(D) The extent of confidentiality of the test or screen results; and
56	56	(E) A general description of the test or screen.
57	57	(c)
58	58	(1) A drug or alcohol test or screen may be performed or authorized
59	59	without the consent of the patient or the individual authorized to consent for the
60	60	newborn when, in the healthcare professional's judgment, an emergency exists
61	61	and the patient or newborn is in immediate need of medical attention, and an
62	62	attempt to secure consent would result in a delay of treatment that could increase
63	63	the risk to the patient's or newborn's life or health.
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68	68	(2) In the case that drug or alcohol testing or screening is performed or
69	69	authorized under this subsection (c), the test or screen results must be discussed
70	70	with the patient or the individual authorized to consent for the newborn in
71	71	language understandable to the patient or individual authorized to consent for the
72	72	newborn and must consist of written and oral notification that is dated and
73	73	signed, and includes a statement:
74	74	(A) That testing or screening positive for drugs or alcohol could
75	75	have legal consequences, including potentially being reported to the
76	76	department of children's services, and that the patient or individual
77	77	authorized to consent for the newborn may want to consult with legal
78	78	counsel;
79	79	(B) In the medical record with a description of the emergency that
80	80	necessitated unconsented drug or alcohol testing or screening; and
81	81	(C) Explaining the extent of confidentiality of the test or screen
82	82	results.
83	83	(d) A healthcare facility licensed under this chapter shall not authorize any
84	84	licensed, certified, or authorized healthcare professional to refuse to treat a pregnant
85	85	patient or a patient who is less than one (1) year postpartum or a newborn because of
86	86	the patient or individual authorized to consent for the newborn's refusal to submit to a
87	87	drug or alcohol test or screen.
88	88	(e) A patient's right to privacy as described in this part must extend to patients in
89	89	the pregnancy and postpartum period and newborns.
90	90	(f) This section does not diminish any other requirement to obtain informed
91	91	consent for a drug or alcohol test or screen or any other procedure.
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96	96	SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it, and
97	97	applies to prohibited conduct occurring on or after such date.