Controlled Substances

Plain English Breakdown

The official source material does not provide specific details on the consequences of refusing a drug test or enforcement mechanisms, leaving these points as unknowns.

Patient Consent for Drug Tests During Pregnancy

This bill requires healthcare facilities in Tennessee to obtain written and oral consent from pregnant women, postpartum patients, and newborns' guardians before performing drug tests unless it's an emergency.

What This Bill Does

• Requires healthcare providers to obtain both written and verbal informed consent from a patient who is pregnant or less than one year postpartum before conducting any drug or alcohol test.
• Requires healthcare providers to get written and oral informed consent from the guardian of a newborn before performing any drug or alcohol tests on them.
• Specifies that these consents must be given in a language the person understands, provide enough time for consideration, and minimize pressure or influence.
• Allows healthcare professionals to perform drug tests without consent if there is an emergency where waiting for consent could harm the patient's health.
• Prohibits healthcare facilities from refusing treatment based on a refusal to take a drug test.

Who It Names or Affects

• Pregnant women and postpartum patients in Tennessee
• Newborns and their guardians in Tennessee

Terms To Know

Informed consent

A process where a patient is fully informed about the details of a medical procedure, including risks and benefits, before agreeing to it.

Emergency situation

A condition requiring immediate attention to prevent serious harm or death.

Limits and Unknowns

• The bill does not specify what happens if a patient refuses the test in non-emergency situations.
• It is unclear how this law will be enforced and what penalties might apply for violations.
• The bill applies only to healthcare facilities licensed in Tennessee.

Official Summary Text

This bill prohibits a healthcare facility licensed in this state from
authorizing any licensed, certified, or authorized healthcare professional to perform either of the following:



A drug or alcohol test or screen on a patient who is pregnant or less than one year postpartum unless (i) 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 (ii) the performance of the drug or alcohol test or screen is within the scope of medical care being provided to the individual.



A drug or alcohol test or screen on a newborn unless (i) 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 (ii) the performance of the drug or alcohol test or screen is within the scope of medical care being provided to the newborn.

This bill requires the written and oral informed consent to a drug or alcohol test or screen as described above to (i) occur at the time of testing in a language understa
ndable to the pregnant or postpartum patient; (ii) provide the patient sufficient opportunity to consider whether or not to authorize the drug or alcohol test or screen; (iii) minimize the possibility of coercion or undue influence, and (iv) consist of wr
i
tten and oral authorization that is dated and signed, and includes all of the following:



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 below are met.



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.



A statement of the medical purpose of the test or screen.



The extent of confidentiality of the test or screen results.



A general description of the test or screen.

This bill authorizes a drug or
alcohol test or screen to 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. In the case that drug or alcohol testing or screening is performed or authorized u
n
der this provision, 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 wri
t
ten and oral notification that is dated and signed, and includes a statement:



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.



In the medical record with a description of the emergency that necessitated unconsented drug or alcohol testing or screening.



Explaining the extent of confidentiality of the test or screen results.

This bill prohibits a healthcare facility licensed in this state from authorizing any licensed, certified, or authorized healthcare professional to refuse to treat a pregnant patient or a patient who is les
s 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. A patient's right to privacy as described in this bill extends to patients in the
p
regnancy and postpartum period and newborns. This bill does not diminish any other requirement to obtain informed consent for a drug or alcohol test or screen or any other procedure.

Current Bill Text

SENATE BILL 1039
By Bowling

HOUSE BILL 1102
By Hurt
HB1102
002590
- 1 -

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.