Amends TCA Title 39, Chapter 15, Part 2 and Title 68, Chapter 11, Part 2.

This bill requires prohibits abortions from the point a fetal heartbeat is detected except in certain medical emergencies, as discussed below.<br /> <br /> Generally under present law, if all other requirements for a lawful abortion are met, an abortion may be performed as follows:<br /> <br /> (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;<br /> (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<br /> (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.<br /> <br /> 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. <br /> <br /> 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:<br /> <br /> (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:<br /> <br /> (A) When the ultrasound 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;<br /> (B) After the detection of 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<br /> (C) After the detection of 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;<br /> <br /> (2) Except in a medical emergency, when ultrasound testing is consistent with standard medical practice and performed prior to a surgical or invasive intrauterine abortion, the presence or absence of a fetal heartbeat must be determined and documented. The person who determines the presence or absence of a fetal heartbeat must:<br /> <br /> (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<br /> (B) Offer to the pregnant woman either in person or by telephone, the results of the ultrasound, including if a fetal heartbeat is detected;<br /> <br /> (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, the woman is entitled to:<br /> <br /> (A) Damages determined by the trier of fact after consideration of the evidence; and<br /> (B) Court costs and reasonable attorney's fees;<br /> <br /> (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;<br /> (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:<br /> <br /> (A) That the procedure is necessary, to the best of the physician's reasonable medical judgment, due to a medical emergency; and<br /> (B) The specific condition that constitutes the medical emergency and that the procedure is asserted to address, and the medical basis for the physician's conclusion that the procedure is necessary to address the medical emergency; and<br /> <br /> (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:<br /> <br /> (A) The physician's belief that a medical emergency necessitating the procedure exists; and<br /> (B) The condition of the pregnant woman that assertedly prevented compliance with the requirement to determine if the fetus had a detectable heartbeat.<br /> <br /> This bill deletes present law provisions, enacted in 2017, regarding determining viability and prohibiting abortions when it is determined that the fetus is viable. <br /> <br /> This bill also deletes a present law provision, enacted in 2019, that requires a person who performs an ultrasound as part of an examination prior to an abortion to:<br /> <br /> (1) Offer the woman the opportunity to learn the results of the ultrasound; and <br /> (2) Inform the woman of the presence or absence of a fetal heartbeat if the woman elects to learn the results of the ultrasound.<br /> <br /> ON MARCH 7, 2019, THE HOUSE ADOPTED AMENDMENT #5 AND PASSED HOUSE BILL 77, AS AMENDED.<br /> <br /> AMENDMENT #5 restructures and revises this bill to clarify that:<br /> <br /> (1) It will be a Class C felony to perform an abortion if a pregnancy is "viable", which this amendment defines as the presence of an intrauterine fetus with a heartbeat. Like the introduced bill, this amendment provides for a medical emergency exception;<br /> (2) The physician must test to determine if the pregnancy is viable, which test must be consistent with the physician's good faith understanding of standard medical practice and appropriate for the estimated gestational age of the unborn child and the condition of the pregnant woman and the woman's pregnancy (an ultrasound is not required by this amendment). Like the introduced bill, failure to test for viability of the pregnancy will be a Class A misdemeanor, and there is a medical emergency exception to this requirement; and<br /> (3) If this bill as amended, when enacted, is challenged and enjoined or is otherwise unenforceable, the present law prohibition on performing an abortion when an unborn child is viable will still be an offense and all of those related provisions governing a post-fetal viability abortion will be in full force and effect at any time that this bill as amended and enacted is not in effect.<br /> <br />