Bill > HB1943

This bill mandates that hospital emergency departments in Tennessee must provide an appropriate medical screening examination to any pregnant woman presenting with symptoms of active labor or an emergency medical condition, which is defined as a condition that could seriously jeopardize the health of the woman or her unborn child, impair bodily functions, or cause organ dysfunction. Hospitals are prohibited from transferring a pregnant woman experiencing an emergency medical condition or active labor unless her condition has been stabilized, or if stabilization is not possible, the transfer must be recommended by a physician or qualified medical professional after determining that the benefits of transfer outweigh the risks, and the woman or her representative consents in writing after being informed of these risks. Hospitals with specialized capabilities are also required to accept appropriate transfers of pregnant women if they have the capacity to treat them. The bill also clarifies that hospitals cannot delay examinations or treatment to inquire about a patient's insurance or payment status, and it establishes penalties, including civil fines and licensing sanctions, for violations by hospitals and healthcare professionals, while also providing protections for those acting in good faith and exercising reasonable clinical judgment. Importantly, this bill does not authorize abortions unless specific conditions are met, and it aligns many definitions, such as "stabilize" and "transfer," with federal laws like the Emergency Medical Treatment and Labor Act (EMTALA).