Bill > SB1039

This bill requires healthcare facilities in Tennessee to obtain both written and oral informed consent before performing a drug or alcohol test or screen on a pregnant patient, a patient less than one year postpartum, or a newborn, unless an emergency situation exists where delaying consent would increase risk to the patient's or newborn's life or health. The informed consent process must be understandable, voluntary, and clearly explain the medical purpose, confidentiality, potential legal consequences (including reporting to the department of children's services), and the voluntary nature of the test, except in emergencies. If a test is performed without consent due to an emergency, the results must still be discussed with the patient or their representative, and the emergency circumstances documented. Importantly, healthcare facilities cannot refuse treatment to these patients or newborns solely because they refuse a drug or alcohol test. This bill, which amends Tennessee Code Annotated (TCA) Titles 33, 63, and 68, takes effect on July 1, 2025, and aims to protect patient privacy during pregnancy, postpartum, and for newborns.

Health and Social Services, Justice

https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB1039&ga=114