Tennessee legislation · 114th General Assembly
Tennessee HB1943: AN ACT to amend Tennessee Code Annotated, Title 63 and Title 68, relative to medical facility procedures for women experiencing certain medical conditions.
Status: Chaptered, May 27, 2026
Fiscal Summary NOT SIGNIFICANT Bill Summary This bill prohibits a hospital emergency department, including a satellite emergency department, from denying to a woman who presents at such facility and purports or, if incapacitated, appears to be pregnant and experiencing active labor, other symptoms associated with active labor, or an emergency medical condition, an appropriate medical screening examination within the capability of the emergency department, including ancillary services routinely available to the emergency department, to determine whether or not an emergency medical condition or active labor exists. If a hospital emergency department determines that a pregnant woman described in the prior paragraph has an emergency medical condition or is in active labor, then this bill requires the hospital affiliated with the emergency department to provide either of the following: Within the staff and facilities available at the hospital, for such further medical examination and such treatment as may be required to stabilize the medical condition. For transfer of the pregnant woman to another medical facility in accordance with this bill. When providing further medical examination and treatment to stabilize the medical condition, this bill provides that a hospital is deemed to meet such requirement with respect to the pregnant woman if the hospital offers the pregnant woman such further medical examination and treatment and informs the pregnant woman, or a legally authorized person acting on the woman's behalf, of the risks and benefits to the pregnant woman of such examination and treatment, but the pregnant woman, or the legally authorized person acting on the woman's behalf, refuses to consent to the examination and treatment. The hospital must take all reasonable steps to secure the pregnant woman's or authorized
What the bill says
From the amended text:
House Health 1 Amendment No. 1 to HB1943 Terry Signature of Sponsor AMEND S e n ate Bill No. 1681* House Bill No. 1943 by adding the following after the end of subsection (h) in SECTION 1 as new subsections: (i) A physician, qualified medical professional, or hospital employee is not subject to a civil penalty, licensure sanction, or other adverse action under this section if the physician, qualified medical professional, or hospital employee acts in good faith and exercises reasonable clinical judgment based upon the information available at the time care is rendered or a transfer decision is made. (j) A civil penalty or licensure sanction shall not be imposed under this section for conduct that is the subject of an enforcement action, settlement, corrective action plan, or final determination under the federal Emergency Medical Treatment and Labor Act (EMTALA) (42 U.S.C. § 1395dd), as amended, or federal regulations promulgated to effectuate such act. (k) This section does not authorize an abortion unless the conditions in § 39-15213(c) are met. AND FURTHER AMEND by adding the following at the end of subsection (e) in SECTION 1: As used in this subsection (e), "capacity" has the same meaning as defined in 42 CFR 489.24. AND FURTHER AMEND by adding the following at the end of subdivision (h)(3) in SECTION 1: …