Official Summary Text
This bill enacts the "Fertility Treatment and Contraceptive Protection Act," which provides that (i) an individual has
a right to engage in activities associated with fertility treatment and contraception; (ii) the laws of this state do not prohibit an activity associated with fertility treatment or contraception; and (iii) the laws of this state clearly and unambiguously
acknowledge the right of an individual to perform, and the right of an individual to receive or use, fertility treatment and contraceptives in this state.
As used in this bill, "fertility treatment" includes (i) the preservation of human oocytes, sperm,
or embryos for later reproductive use; (ii) artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination; (iii) assisted reproductive technology, including in vitro fertilization and other treatme
n
ts or procedures in which reproductive genetic material, such as oocytes, sperm, fertilized eggs, and embryos, are handled; (iv) genetic testing of embryos; (v) medication prescribed or obtained over-the-counter, as indicated for fertility; (vi) gamete do
n
ation; and (vii) other information, referrals, treatments, procedures, medications, laboratory testing, technologies, or services relating to fertility.
ON MARCH 17, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 449, AS AMENDED.
AMENDMEN
T #1 makes the following revisions:
Defines, for purposes of the bill, a "healthcare provider" as an individual who is licensed, certified, registered, or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business in the practicing of a profession.
Defines, for purposes of the bill, a "person" as an individual human being.
Clarifies that the law of this state clearly and unambiguously acknowledges the right of a healthcare provider, instead of an individual, to perform, and the right of a person to receive or use, fertility treatment and contraceptives in this state.
Clarifies that the bill does not create an entitlement to fertility treatment or contraception, or to coverage of or funding or reimbursement for fertility treatment or contraception.
ON APRIL 10, 2025, THE HOUSE SUBSTITUTED SENATE BILL 449 FOR HOUSE BILL 533, ADOPTED AMENDMENT #4, AND PASSED SENATE BILL 449, AS AMENDED.
AMENDMENT #4 specifies that contraceptives that this bil
l declares not to be prohibited under state law includes only those products that are
legally marketed under the federal Food, Drug, and Cosmetic Act
as of July 1, 2025
. This amendment also changes this bill's effective date from upon becoming a law to
Ju
ly 1, 2025.
Current Bill Text
Read the full stored bill text
HOUSE BILL 533
By Rudder
SENATE BILL 449
By Massey
SB0449
001852
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AN ACT to amend Tennessee Code Annotated, Title 63
and Title 68, relative to reproductive health care.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Fertility Treatment and
Contraceptive Protection Act."
SECTION 2. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Contraception" means an action taken to prevent pregnancy,
including the use of contraceptives, emergency contraceptives, fertility
awareness-based methods, and sterilization procedures;
(2) "Contraceptive" means any device, medication, biological product, or
procedure that is intended for use in the prevention of pregnancy, whether
specifically intended to prevent pregnancy or for other health needs, and that is
legally marketed under the federal Food, Drug, and Cosmetic Act (21 U.S.C. §
301 et seq.); and
(3) "Fertility treatment" includes:
(A) The preservation of human oocytes, sperm, or embryos for
later reproductive use;
(B) Artificial insemination, including intravaginal insemination,
intracervical insemination, and intrauterine insemination;
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(C) Assisted reproductive technology, including in vitro fertilization
and other treatments or procedures in which reproductive genetic
material, such as oocytes, sperm, fertilized eggs, and embryos, are
handled;
(D) Genetic testing of embryos;
(E) Medication prescribed or obtained over-the-counter, as
indicated for fertility;
(F) Gamete donation; and
(G) Other information, referrals, treatments, procedures,
medications, laboratory testing, technologies, or services relating to
fertility.
(b) Notwithstanding another law, an individual has a right to engage in activities
associated with fertility treatment and contraception. The laws of this state do not
prohibit an activity associated with fertility treatment or contraception. The law of this
state clearly and unambiguously acknowledges the right of an individual to perform, and
the right of an individual to receive or use, fertility treatment and contraceptives in this
state.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.