Abortion

Plain English Breakdown

The candidate explanation included claims that were broader than the bill's actual provisions, such as 'giving people more rights.' The official summary and text do not support this level of generality.

Abortion Rights Act

This bill changes Tennessee's laws about abortion by removing criminal penalties for abortions and affirming reproductive rights.

What This Bill Does

• Removes current law provisions regarding criminal abortion.
• Gives every person the right to use or refuse contraception.
• Allows pregnant women to choose to continue a pregnancy until viability of the fetus, or earlier if necessary for health reasons.
• States that a fertilized egg, embryo, or fetus does not have rights separate from the woman's.
• Requires the state and its agencies to respect people’s reproductive health care choices.

Who It Names or Affects

• People who can become pregnant
• Healthcare providers in Tennessee

Terms To Know

Viability

The point during pregnancy when a fetus has a reasonable chance of surviving outside the womb with medical help.

Reproductive health care

Medical services related to reproduction, including contraception and abortion.

Limits and Unknowns

• This bill did not pass in its current session.
• The exact impact on healthcare providers is unclear without further details.

Official Summary Text

This bill removes
the present law provisions regarding criminal abortion and, instead, provides the following:



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.



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.



A fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of this state.



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
this bill
in the regulation or provision of benefits, facilities, services, or information.

Current Bill Text

SENATE BILL 1189
By Akbari

HOUSE BILL 1217
By Johnson

HB1217
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

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that physician, there is a reasonable likelihood of the fetus's sustained survival
outside the uterus without the application of extraordinary medical measures.
(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.