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