Bill > SB2014

This bill, known as the "Tennessee Women's Childbirth Alternatives, Resources, and Education Act" or "Trixtian's Law," aims to protect pregnant individuals and their health information. Key provisions include making information about controlled substance use obtained solely through pregnancy tests, prenatal/postpartum care, or behavioral health treatment inadmissible as evidence in criminal proceedings, with exceptions for independently obtained information or mandatory reporting requirements. The bill also prohibits using pregnancy, pregnancy outcomes, or pregnancy-related health information as a basis for criminal charges, sentence enhancements, or to initiate new criminal investigations. Furthermore, it mandates that correctional facilities and the Department of Correction report data on incarcerated women, pregnant individuals, and pregnancy outcomes annually to the Department of Health, while ensuring patient confidentiality under HIPAA. The bill also emphasizes the expeditious transfer of pregnant individuals to state custody from local facilities and grants correctional institutions immunity from civil liability for any pregnancy outcome. Additionally, correctional facilities must provide pregnancy testing within 72 hours of a request, and this information is protected under HIPAA, preventing its use for surveillance or targeting pregnant individuals. Finally, the bill amends existing law to include pharmacies in the provision of medical records and clarifies that healthcare facilities, pharmacies, and providers acting in good faith when providing records are not liable for civil damages or disciplinary action.

Health and Social Services

https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB2014&ga=114