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HB2585 • 2026

Damages

AN ACT to amend Tennessee Code Annotated, Section 29-39-102, relative to civil damage awards.

Healthcare
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Chism, Lamar
Last action
2026-04-23
Official status
Failed to pass Senate, Ayes 12, Nays 19, PNV 1
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Damages

ON APRIL 21, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2585, AS AMENDED.

What This Bill Does

  • ON APRIL 21, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2585, AS AMENDED.
  • AMENDMENT #1 clarifies that the bill does not affect present law exemptions from noneconomic damages caps for certain personal injury and wrongful death actions.
  • This amendment additionally clarifies that its provisions do not displace or modify any procedural requirement, notice provision, certificate of good faith requirement, or other present law provision pertaining to healthcare liability, or any other present law provision pertaining t o civil damage awards other than the present law noneconomic damages limitation that is set at $750,000.
  • If this amendment conflicts solely with such present law noneconomic damages limitation, then this amendment controls.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB2585

Plain English: House Judiciary 1 Amendment No.

  • House Judiciary 1 Amendment No.
  • 1 to HB2585 Farmer Signature of Sponsor AMEND Senate Bill No.
  • 2621* House Bill No.
  • 2585 HA1145 017667 - 1 - by deleting all language after the enacting clause and substituting: SECTION 1.
Amendment 1-0 to SB2621

Plain English: Amendment No.

  • Amendment No.
  • 1 to SB2621 Lamar Signature of Sponsor AMEND Senate Bill No.
  • 2621* House Bill No.
  • 2585 SA1069 017667 - 1 - by deleting all language after the enacting clause and substituting: SECTION 1.

Bill History

  1. 2026-04-23 Tennessee General Assembly

    Failed to pass Senate, Ayes 12, Nays 19, PNV 1

  2. 2026-04-23 Tennessee General Assembly

    Amendment withdrawn. (Amendment 1 - SA1069)

  3. 2026-04-23 Tennessee General Assembly

    Senate substituted House Bill for companion Senate Bill.

  4. 2026-04-23 Tennessee General Assembly

    Companion House Bill substituted

  5. 2026-04-22 Tennessee General Assembly

    Received from House, Passed on First Consideration

  6. 2026-04-22 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/23/2026

  7. 2026-04-22 Tennessee General Assembly

    Senate Reset on calendar for 4/23/2026

  8. 2026-04-21 Tennessee General Assembly

    Engrossed; ready for transmission to Sen.

  9. 2026-04-21 Tennessee General Assembly

    Passed H., as am., Ayes 88, Nays 0, PNV 0

  10. 2026-04-21 Tennessee General Assembly

    H. adopted am. (Amendment 1 - HA1145)

  11. 2026-04-21 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/22/2026

  12. 2026-04-21 Tennessee General Assembly

    Senate Reset on calendar for 4/22/2026

  13. 2026-04-20 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/21/2026

  14. 2026-04-20 Tennessee General Assembly

    Senate Reset on calendar for 4/21/2026

  15. 2026-04-17 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/20/2026

  16. 2026-04-17 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/20/2026

  17. 2026-04-14 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/16/2026

  18. 2026-04-14 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/14/2026

  19. 2026-04-14 Tennessee General Assembly

    Rec. for pass. if am., ref. to Calendar & Rules Committee

  20. 2026-04-08 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 4/14/2026

  21. 2026-04-08 Tennessee General Assembly

    Sponsor(s) Added.

  22. 2026-04-08 Tennessee General Assembly

    Action def. in Judiciary Committee to 4/15/2026

  23. 2026-04-06 Tennessee General Assembly

    Re-refer to S. Cal Comm

  24. 2026-04-02 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/6/2026

  25. 2026-04-02 Tennessee General Assembly

    Senate Reset on calendar for 4/6/2026

  26. 2026-04-01 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 4/7/2026

  27. 2026-04-01 Tennessee General Assembly

    Action def. in Judiciary Committee to 4/8/2026

  28. 2026-03-31 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/2/2026

  29. 2026-03-30 Tennessee General Assembly

    Senate Reset on calendar for 4/2/2026

  30. 2026-03-27 Tennessee General Assembly

    Placed on Senate Regular Calendar for 3/30/2026

  31. 2026-03-25 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 4/1/2026

  32. 2026-03-25 Tennessee General Assembly

    Action def. in Judiciary Committee to 4/1/2026

  33. 2026-03-23 Tennessee General Assembly

    Senate Reset on calendar for 3/30/2026

  34. 2026-03-20 Tennessee General Assembly

    Placed on Senate Regular Calendar for 3/23/2026

  35. 2026-03-18 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/23/2026

  36. 2026-03-18 Tennessee General Assembly

    Action def. in Judiciary Committee to 3/25/2026

  37. 2026-03-11 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/18/2026

  38. 2026-03-11 Tennessee General Assembly

    Action def. in Judiciary Committee to 3/18/2026

  39. 2026-03-09 Tennessee General Assembly

    Recommended for passage, refer to Senate Calendar Committee

  40. 2026-03-04 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/11/2026

  41. 2026-03-04 Tennessee General Assembly

    Rec. for pass by s/c ref. to Judiciary Committee

  42. 2026-03-04 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/9/2026

  43. 2026-02-25 Tennessee General Assembly

    Placed on s/c cal Civil Justice Subcommittee for 3/4/2026

  44. 2026-02-05 Tennessee General Assembly

    Assigned to s/c Civil Justice Subcommittee

  45. 2026-02-05 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  46. 2026-02-05 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  47. 2026-02-04 Tennessee General Assembly

    Intro., P1C.

  48. 2026-02-03 Tennessee General Assembly

    Filed for introduction

  49. 2026-02-02 Tennessee General Assembly

    Introduced, Passed on First Consideration

  50. 2026-02-02 Tennessee General Assembly

    Filed for introduction

Official Summary Text

ON APRIL 21, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2585, AS AMENDED.

AMENDMENT #1 clarifies that the bill does not affect present law exemptions

from
noneconomic damages
caps for certain personal injury and wrongful death actions.

This amendment
additionally
clarifies that its provisions do not displace or modify any procedural requirement, notice provision, certificate of good faith requirement, or other present law provision pertaining to healthcare liability, or any other present law provision pertaining t
o civil damage awards other than the present law noneconomic damages limitation that is set at $750,000. If this amendment conflicts solely with such present law noneconomic damages limitation, then this amendment controls.

This amendment does not authorize a cause of action against a licensed physician who refuses to perform an abortion.

BURDEN TO RECOVER

This amendment provides that a
plaintiff seeking to recover noneconomic damages under this
amendment
bears the burden of establishing by a preponderance of the evidence
all of the following:



The plaintiff was a pregnant or postpartum woman at the time of the negligent act or omission
. A
"pregnant woman"
i
s a woman carrying a viable pregnancy at the time the negligent act or omission occurred.



The negligence arose directly and proximately from the provision of obstetric care
.



The plaintiff sustained death or permanent physical injury as a direct and proximate result of such negligence.

"O
BSTETRIC
CARE"
DEFINED

This amendment defines "o
bstetric care"
as
medical, surgical, or clinical care provided by a licensed healthcare provider acting within the scope of obstetric practice that is directly and proximately related to the management of a pregnancy, labor, delivery, or postpartum recovery within the post
partum period
. "O
bstetric care
"

d
oes not include
any of the following
:


Gynecologic care unrelated to the management of a pregnancy or delivery
.



Care provided by a healthcare provider acting outside the scope of obstetric practice
.



Care rendered for a condition or injury not causally related to the pregnancy or delivery
.



Care rendered after the expiration of the postpartum period
.

"PERMANENT PHYSICAL INJURY"
DEFINED

This amendment defines "p
ermanent physical injury"
as
an anatomical or physiological impairment to the body that, to a reasonable degree of medical certainty, is expected to persist indefinitely and results in a measurable functional limitation
.
"Permanent physical injury"
d
oes not include psychological conditions, psychiatric diagnoses, or emotional distress, whether or not diagnosed as permanent
.
"POSTPARTUM WOMAN"
DEFINED

This amendment defines "postpartum woman" as
a woman within 42

days following the termination of a pregnancy, whether by live birth, stillbirth, or other termination, at the time the negligent act or omission occurred
. "Postpartum woman" d
oes not include a woman whose pregnancy terminated more than
42
days prior to the negligent act or omission, regardless of any ongoing postpartum condition or treatment
.

APPLICABILITY

This amendment clarifies that its provisions
appl
y
to causes of action accruing on or after
the bill becomes a law.

Current Bill Text

Read the full stored bill text 
SENATE BILL 2621
By Lamar

HOUSE BILL 2585
By Chism
HB2585
012265
- 1 -

AN ACT to amend Tennessee Code Annotated, Section
29-39-102, relative to civil damage awards.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 29-39-102, is amended by adding
the following as a new subsection:
(o) Notwithstanding this section to the contrary, the amount of damages
awarded as noneconomic damages shall not exceed one million dollars ($1,000,000) in
a health care liability action under title 29, chapter 26, arising from obstetric or maternity
negligence resulting in the death or permanent injury of a pregnant or postpartum
woman.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.