H.B.108. Abortion - As introduced, prohibits abortions from the point a fetal heartbeat is detected; requires fetal heartbeat testing prior to an abortion; creates exceptions. - Amends TCA Title 39, Chapter 15, Part 2 and Title 68, Chapter 11, Part 2.

Tennessee House of Representatives
Last action 10 days ago
Polls (open):

Sponsors

VanHuss, Mark Pody (R)

Summary

                    This bill requires fetal heartbeat testing prior to an abortion and prohibits abortions from the point a fetal heartbeat is detected except in certain medical emergencies.

Generally under present law, if all other requirements for a lawful abortion are met, an abortion may be performed as follows:

(1) During the first three months of pregnancy, if the abortion or attempt to procure a miscarriage is performed with the pregnant woman's consent and pursuant to the medical judgment of the pregnant woman's attending physician; (2) After three months, but before viability of the fetus, if the abortion or attempt to procure a miscarriage is performed with the pregnant woman's consent, by the pregnant woman's attending physician, pursuant to the attending physician's medical judgment; or (3) During viability of the fetus, if the abortion or attempt to procure a miscarriage is performed with the pregnant woman's consent and by the pregnant woman's attending physician, in a hospital; and if, prior to the abortion or attempt to procure a miscarriage the physician has certified in writing to the hospital in which the abortion or attempt to procure a miscarriage is to be performed, that the abortion or attempt to procure a miscarriage is necessary to preserve the life or health of the mother.

Present law also requires that no abortion may be performed unless the woman first produces evidence satisfactory to the physician performing the abortion that she is a bona fide resident of Tennessee. Evidence to support the claim of residence must be noted in the records kept by the physician and, if the abortion is performed in a hospital, in the records kept by the hospital. This provision was declared unconstitutional by a state court, and the attorney general did not appeal that determination. 

This bill deletes the residency requirement and rewrites the above provisions so that if all other requirements for a lawful abortion are met, an abortion may be performed if the following requirements are met:

(1) Except in a medical emergency that necessitates an immediate abortion of a woman's pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function (medical emergency), if prior to an abortion or attempt to procure a miscarriage, the person who intends to perform an abortion or attempt to procure a miscarriage determines whether the fetus the woman is carrying has a detectable heartbeat, and when the ultrasound:

(A) Does not reveal a fetal heartbeat, if the abortion or attempt to procure a miscarriage is performed with the pregnant woman's consent and pursuant to the medical judgment of the pregnant woman's attending physician; (B) Detects a fetal heartbeat, but before viability of the fetus, if there is a medical emergency, and the abortion or attempt to procure a miscarriage is performed by a physician; or (C) Detects a fetal heartbeat and during viability of the fetus, if there is a medical emergency, and the abortion or attempt to procure a miscarriage is performed by a physician in a hospital;

(2) Except in a medical emergency, an ultrasound must be performed to determine the presence of a fetal heartbeat, and such testing must be consistent with standard medical practice. This does not require the performance of a transvaginal ultrasound. The person who determines the presence or absence of a fetal heartbeat must:

(A) Record in the pregnant woman's medical record the estimated gestational age of the fetus, the ultrasound method used to test for a fetal heartbeat, the date and time of the test, and the results of the test; and (B) Inform the pregnant woman in writing if a fetal heartbeat is detected;

(3) A woman who is not given the required information or who is given false information may file a civil action, and if the woman prevails in the action, will receive:

(A) Damages in an amount equal to $10,000 or a greater amount determined by the trier of fact after consideration of the evidence; and (B) Court costs and reasonable attorney's fees;

(4) The person who performs the ultrasound for the presence of a fetal heartbeat must give the pregnant woman the option to view or hear the fetal heartbeat; (5) A physician who performs an abortion or attempts to procure a miscarriage under the medical emergency exception must declare the following in a written statement to be placed in the woman's medical records:

(A) That the procedure is necessary, to the best of the physician's reasonable medical judgment, due to a medical emergency; and (B) The specific condition that constitutes the medical emergency and that the procedure is asserted to address, and the medical rationale for the physician's conclusion that the procedure is necessary to address the medical emergency; and

(6) A physician who performs an abortion or attempts to procure a miscarriage under the medical emergency exception must note the following in the woman's medical records:

(A) The physician's belief that a medical emergency necessitating the procedure existed; and (B) The condition of the pregnant woman that assertedly prevented compliance with the requirement to determine if the fetus had a detectable heartbeat.
                

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.

Actions

  • Received from House, Passed on First Consideration

    Thu, Feb 15th 2018
  • Engrossed; ready for transmission to Sen.

    Tue, Feb 13th 2018
  • H. adopted am. (Amendment 1 - HA0672)

    Mon, Feb 12th 2018
  • Passed H., as am., Ayes 72, Nays 0, PNV 0

    Mon, Feb 12th 2018
  • Passed H., as am., Ayes 72, Nays 22, PNV 0

    Mon, Feb 12th 2018
  • Sponsor(s) Added.

    Mon, Feb 12th 2018
  • H. Placed on Regular Calendar for 2/12/2018

    Thu, Feb 8th 2018
  • Sponsor(s) Added.

    Thu, Feb 8th 2018
  • Placed on cal. Calendar & Rules Committee for 2/8/2018

    Wed, Feb 7th 2018
  • Rec. for pass. if am., ref. to Calendar & Rules Committee

    Tue, Feb 6th 2018
  • Sponsor(s) Added.

    Thu, Feb 1st 2018
  • Sponsor(s) Added.

    Wed, Jan 31st 2018
  • Rec for pass if am by s/c ref. to Health Committee

    Wed, Jan 31st 2018
  • Placed on cal. Health Committee for 2/6/2018

    Wed, Jan 31st 2018
  • Placed on s/c cal Health Subcommittee for 1/31/2018

    Wed, Jan 24th 2018
  • Taken off notice for cal in s/c Health Subcommittee of Health Committee

    Wed, Jan 17th 2018
  • Placed on s/c cal Health Subcommittee for 1/17/2018

    Wed, Jan 10th 2018
  • Sponsor(s) Added.

    Thu, Mar 16th 2017
  • Sponsor(s) withdrawn.

    Mon, Mar 13th 2017
  • Action Def. in s/c Health Subcommittee to First Calendar of 2018

    Wed, Mar 8th 2017
  • Sponsor(s) withdrawn.

    Thu, Mar 2nd 2017
  • Action Def. in s/c Health Subcommittee to 3/8/2017

    Wed, Mar 1st 2017
  • Placed on s/c cal Health Subcommittee for 3/8/2017

    Wed, Mar 1st 2017
  • Sponsor(s) Added.

    Wed, Mar 1st 2017
  • Sponsor(s) Added.

    Mon, Feb 27th 2017
  • Placed on s/c cal Health Subcommittee for 3/1/2017

    Wed, Feb 22nd 2017
  • Assigned to s/c Health Subcommittee

    Wed, Feb 15th 2017
  • Sponsor(s) Added.

    Mon, Feb 13th 2017
  • Sponsor(s) Added.

    Wed, Feb 8th 2017
  • Sponsor(s) Added.

    Tue, Feb 7th 2017
  • Sponsor(s) Added.

    Mon, Feb 6th 2017
  • Passed on Second Consideration, refer to Senate Judiciary Committee

    Thu, Feb 2nd 2017
  • Sponsor(s) Added.

    Thu, Feb 2nd 2017
  • Introduced, Passed on First Consideration

    Wed, Feb 1st 2017
  • Sponsor(s) Added.

    Wed, Feb 1st 2017
  • P2C, ref. to Health Committee

    Wed, Feb 1st 2017
  • Filed for introduction

    Tue, Jan 31st 2017
  • Intro., P1C.

    Mon, Jan 30th 2017
  • Sponsor(s) Added.

    Mon, Jan 30th 2017
  • Filed for intro.

    Thu, Jan 26th 2017