| 1 | 1 | | |
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| 2 | 2 | | <BillNo> <Sponsor> |
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| 3 | 3 | | |
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| 4 | 4 | | SENATE BILL 1189 |
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| 5 | 5 | | By Akbari |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | SB1189 |
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| 9 | 9 | | 001252 |
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| 10 | 10 | | - 1 - |
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| 11 | 11 | | |
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| 12 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 39; |
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| 13 | 13 | | Title 63 and Title 68, relative to abortion. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 16 | 16 | | SECTION 1. Tennessee Code Annotated, Section 39-15-213, is amended by deleting |
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| 17 | 17 | | the section and substituting: |
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| 18 | 18 | | (a) As used in this section: |
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| 19 | 19 | | (1) "Abortion" means the use of an instrument, medicine, drug, or another |
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| 20 | 20 | | substance or device with intent to terminate the pregnancy of a woman known to |
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| 21 | 21 | | be pregnant with intent other than to increase the probability of a live birth, to |
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| 22 | 22 | | preserve the life or health of the child after live birth, to remove a dead fetus, or |
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| 23 | 23 | | to treat an ectopic pregnancy or fetal anomaly not consistent with life; |
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| 24 | 24 | | (2) "Pregnancy" means the human reproductive process, beginning with |
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| 25 | 25 | | the implantation of an embryo; |
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| 26 | 26 | | (3) "Reproductive health care" means health care and other medical |
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| 27 | 27 | | services related to the reproductive processes, functions, and systems at all |
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| 28 | 28 | | stages of life and includes, but is not limited to, family planning and contraceptive |
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| 29 | 29 | | care; abortion care; prenatal, postnatal, and delivery care; fertility care; |
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| 30 | 30 | | sterilization services; and treatments for sexually transmitted infections and |
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| 31 | 31 | | reproductive cancers; and |
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| 32 | 32 | | (4) "Viability" means the point in a pregnancy when, in the good faith |
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| 33 | 33 | | medical judgment of a physician, based on the particular facts of the case before |
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| 34 | 34 | | that physician, there is a reasonable likelihood of the fetus's sustained survival |
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| 35 | 35 | | outside the uterus without the application of extraordinary medical measures. |
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| 36 | 36 | | |
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| 37 | 37 | | |
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| 38 | 38 | | - 2 - 001252 |
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| 39 | 39 | | |
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| 40 | 40 | | (b) |
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| 41 | 41 | | (1) Every person has a fundamental right to make decisions about the |
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| 42 | 42 | | person's reproductive health care, including the fundamental right to use or |
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| 43 | 43 | | refuse contraception. |
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| 44 | 44 | | (2) A pregnant woman has a fundamental right to continue a pregnancy |
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| 45 | 45 | | and give birth or to have an abortion before viability of the fetus or when |
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| 46 | 46 | | necessary to protect the life or health of the woman and to make decisions about |
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| 47 | 47 | | how to exercise that right. |
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| 48 | 48 | | (3) A fertilized egg, embryo, or fetus does not have independent or |
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| 49 | 49 | | derivative rights under the laws of this state. |
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| 50 | 50 | | (c) This state or a department, agency, entity, or political subdivision of this state |
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| 51 | 51 | | shall not deny, restrict, interfere with, or discriminate against a person's fundamental |
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| 52 | 52 | | rights as described in subsection (b) in the regulation or provision of benefits, facilities, |
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| 53 | 53 | | services, or information. |
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| 54 | 54 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
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