Official Summary Text
PROHIBITION ON INSURANCE-DRIVEN QUESTIONS
This bill prohibits a health insurance issuer, managed care organization, or any entity providing reimbursement for healthcare services from requiring a healthcare provider or facility to ask the prohibited questions, as described below, as a condition o
f payment, credentialing, quality scoring, compliance, or participation. An insurer must not deny or reduce payment, impose penalties, or otherwise disadvantage a provider for failing to ask such questions. A violation of these provisions constitutes an
u
nfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies provided in the Tennessee Consumer Protection Act of 1977, which includes, but is not limited to, restraining orders, injunctions, private rights o
f action, and damage, in addition to any other penalties and remedies.
PROHIBITED CONDUCT BY HEALTHCARE PROVIDERS
This bill generally prohibits a healthcare provider from asking a minor a verbal or written question on any of the following:
Whether the minor feels normal in the minor's body.
Whether the minor believes the minor is the correct gender.
Whether the minor identifies as a gender different from the minor's sex.
An inquiry intended to elicit statements about gender identity, gender confusion, or gender dysphoria.
As used in the provisions under this heading, a "minor" does not include a person who (i) is emancipated, needs emergency treatment pursuant to present law relative to emergency medical care of minors, (iii) is or was previously a member of the armed for
ces of the United States or a member of a reserve or national guard unit, or (iv) is the parent of a minor child and has full custody of that minor child.
However, this bill authorizes a healthcare provider to ask a question listed above if (i) the parent is physically present and fully informed and gives written consent to a question listed above and (ii) such question is directly related to the diagnosis
or treatment of a specific medical or psychological condition currently being evaluated. A healthcare provider must not include gender identity questions on written intake forms, electronic tablets, or questionnaires directed to a minor unless the requi
re
ments of this bill are satisfied.
This bill provides that a parent has full access to all written forms, questionnaires, or electronic assessments presented to the parent's minor child in a healthcare setting. As used in this provision, a "parent" means a biological, legal, or adoptive
parent or an individual who has been granted medical decision-making authority over the child under state law.
This bill prohibits a healthcare provider from conducting private interviews with a minor about gender identity, sexual orientation, or any other gender-related topic unless the healthcare provider, using reasonable medical judgment, based upon the facts
known to the healthcare provider at the time, performs a screening of a minor who the healthcare provider reasonably believes is a trafficked person or a victim of brutality, abuse, or neglect in order to determine whether the healthcare provider must ma
ke
a report pursuant to present law.
This bill provides that a violation of the provisions under this heading by a healthcare provider constitutes unprofessional conduct subject to discipline by the relevant licensing board. However, such provisions do not (i) limit mandated reporting oblig
ations for child abuse or neglect pursuant to present law, (ii) restrict emergency medical care of minors, or (iii) prevent a minor from voluntarily reporting concerns of abuse, exploitation, or danger to the minor's self or others.
ON MARCH 16, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1665, AS AMENDED.
AMENDMENT #1 makes the following changes:
(1) Prohibits a
healthcare provider from knowingly or willfully asking a minor a verbal or written question
, or a
health insurance issuer, managed care organization, or entity providing reimbursement for healthcare services
from
requir
ing
or request
ing
a healthcare provider or facility to ask
any of
the following questions for any purpose, including as a condition of payment, credentialing, quality scoring, compliance, or participation:
W
hether a minor feels normal in the minor's body
.
W
hether a minor believes the minor is the correct gender
.
W
hether a minor identifies as a gender different from the minor's sex
.
A
n inquiry intended to elicit statements from a minor about gender confusion or gender dysphoria.
(2) Prohibits a
health insurance issuer, managed care organization, or entity providing reimbursement for healthcare services
from
deny
ing
or reduc
ing
payment, impos
ing
penalties, or otherwise disadvantag
ing
a provider for failing to ask such questions
.
(3) Prohibits a
healthcare provider
from
also
includ
ing
questions relating to gender confusion or gender dysphoria on written intake forms, electronic tablets, or questionnaires directed to a minor unless the
following requirements are
satisfied
:
The parent is fully informed and gives written consent to a question
listed above.
Such question is directly related to the diagnosis or treatment of a specific medical or psychological condition currently being evaluated.
(4) Excludes t
h
ese
prohibition
s
from
applying to
a psychologist, psychiatrist, licensed professional counselor, marriage and family therapist, licensed clinical pastoral therapist, or licensed clinical social worker
, and
to
wards
questions regarding a female's menstrual period
.
(5) Provides i
f a minor volunteers information related to a question listed
above
, then a healthcare provider may ask the minor one or more questions listed
above.
(6) Provides i
f a healthcare provider, using reasonable medical judgment, based upon the facts known to the healthcare provider at the time, reasonably believes a minor is a trafficked person or a victim of brutality, abuse, or neglect, and the healthcare provider need
s to perform a screening of the minor in order to determine whether the healthcare provider must make a report, then the healthcare provider may privately ask a minor one or more questions listed
above
.
However, t
his
provision does
not apply to a minor who
is receiving medical treatment without parental consent pursuant to a law of this state.
(7) Requires a
parent
to
have full access to all written forms, questionnaires, or electronic assessments presented to the parent's minor child in a healthcare setting.
(8) Adds a severability clause to the bill.
(9) Changes t
he
effective date of the
bill
from July 1, 2026, to
October 1, 2026
.
Current Bill Text
Read the full stored bill text
SENATE BILL 1664
By Rose
HOUSE BILL 1665
By Maberry
HB1665
010303
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AN ACT to amend Tennessee Code Annotated, Title 4;
Title 33; Title 47; Title 56; Title 63; Title 68 and
Title 71, relative to the protection of minors in
healthcare settings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 47-18-104(b), is amended by adding
the following as a new subdivision:
( ) Violating § 56-7-1022;
SECTION 2. Tennessee Code Annotated, Title 56, Chapter 7, Part 10, is amended by
adding the following as a new section:
56-7-1022. Prohibition on insurance-driven questionnaires.
(a) A health insurance issuer, managed care organization, or any entity
providing reimbursement for healthcare services shall not require a healthcare provider
or facility to ask the prohibited questions, as described in § 63-1-1003, as a condition of
payment, credentialing, quality scoring, compliance, or participation.
(b) An insurer shall not deny or reduce payment, impose penalties, or otherwise
disadvantage a provider for failing to ask such questions.
(c) A violation of this section constitutes an unfair or deceptive act or practice
affecting trade or commerce and is subject to the penalties and remedies provided in the
Tennessee Consumer Protection Act of 1977 in addition to any other penalties and
remedies.
SECTION 3. Tennessee Code Annotated, Title 63, Chapter 1, is amended by adding
the following as a new part:
63-1-1001. Legislative findings.
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The general assembly finds and declares that:
(1) A parent has the right to make all physical and mental healthcare
decisions for the parent's minor child and consent to all physical and mental
health care on the child's behalf, as described in § 63-1-176;
(2) Minors are increasingly being asked questions by healthcare
providers regarding gender identity, perceived gender normalcy, or whether the
minor identifies as the minor's true or right gender without parental knowledge or
consent;
(3) Some healthcare providers and facilities have reported that insurance
companies or third-party payors require the inclusion of such questions for data
collection or reimbursement;
(4) Such questions may introduce confusion, influence minors, or conflict
with the values and beliefs of families in this state; and
(5) This state has a compelling interest in ensuring that healthcare
providers do not solicit sensitive information from a minor that is unrelated to
legitimate medical purposes and that a parent remain fully informed.
63-1-1002. Definitions.
As used in this part:
(1) "Healthcare provider" means a healthcare professional, healthcare
establishment, or healthcare facility licensed, registered, certified, or permitted
pursuant to this title, title 33, or title 68 or regulated under the authority of either
the department of health or an agency, board, council, or committee attached to
the department of health or by the department of mental health and substance
abuse services, and that is authorized to provide health or medical care or
mental health services in this state;
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(2) "Minor":
(A) Means a person who has not attained eighteen (18) years of
age; and
(B) Does not include a person who:
(i) Is emancipated pursuant to title 29, chapter 31;
(ii) Needs emergency treatment pursuant to § 63-6-222;
(iii) Is or was previously a member of the armed forces of
the United States or a member of a reserve or national guard unit;
or
(iv) Is the parent of a minor child and has full custody of
that minor child; and
(3) "Parent" means as biological, legal, or adoptive parent or an
individual who has been granted medical decision-making authority over the child
under state law.
63-1-1003. Prohibited conduct.
(a) Except as provided in subsection (b), a healthcare provider shall not ask a
minor a verbal or written question on the following:
(1) Whether the minor feels normal in the minor's body;
(2) Whether the minor believes the minor is the correct gender;
(3) Whether the minor identifies as a gender different from the minor's
sex; or
(4) An inquiry intended to elicit statements about gender identity, gender
confusion, or gender dysphoria.
(b) A healthcare provider may ask a question listed in subsection (a) if:
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(1) The parent is physically present and fully informed and gives written
consent to a question listed in subsection (a); and
(2) Such question is directly related to the diagnosis or treatment of a
specific medical or psychological condition currently being evaluated.
(c) A healthcare provider shall not include gender identity questions on written
intake forms, electronic tablets, or questionnaires directed to a minor unless the
requirements of this section are satisfied.
63-1-1004. Parental rights and notification.
(a) A parent shall have full access to all written forms, questionnaires, or
electronic assessments presented to the parent's minor child in a healthcare setting.
(b) A healthcare provider shall not conduct private interviews with a minor about
gender identity, sexual orientation, or any other gender-related topic unless the
healthcare provider, using reasonable medical judgment, based upon the facts known to
the healthcare provider at the time, performs a screening of a minor who the healthcare
provider reasonably believes is a trafficked person or a victim of brutality, abuse, or
neglect in order to determine whether the healthcare provider must make a report
pursuant to § 37-1-403 or § 37-1-605.
63-1-1005. Enforcement and penalties.
A violation of § 63-1-1003 by a healthcare provider constitutes unprofessional
conduct subject to discipline by the relevant licensing board.
63-1-1006. Construction.
This act shall not be construed to:
(1) Limit mandated reporting obligations for child abuse or neglect
pursuant to § 37-1-402 or § 37-1-605;
(2) Restrict emergency medical care, as described in § 63-6-222; or
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(3) Prevent a minor from voluntarily reporting concerns of abuse,
exploitation, or danger to the minor's self or others.
SECTION 4. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 5. This act takes effect July 1, 2026, the public welfare requiring it.