Amends TCA Title 4; Title 37; Title 49; Title 63; Title 68 and Section 71-5-133.

This bill makes the following changes to the Family Planning Policy Act of 1971: (1) Removes a declaration of policy; (2) Adds language specifying that the Act applies to political subdivisions of the state and all agencies and institutions thereof; (3) Adds exceptions and clarifications to the present law requirement that medically acceptable contraceptive procedures, supplies, and information be readily and practicably available to each and every person desirous of the same regardless of age. This bill specifies that the present law prohibition against public school nurses advocating or encouraging abortion and prescribing any form of birth control device or contraceptive applies to the provision of services under the Act. This bill prohibits provision of information to minors under the Act, if such information promotes gateway sexual activity; provision or distribution of materials on school grounds that condone, encourage, or promote student sexual activity among unmarried students; display or conduct demonstrations with devices specifically manufactured for sexual stimulation; or (subject to certain exceptions for condom distribution) distribute contraception on school property. This bill also specifies that information presented in a public school or public charter school under the Act is subject to present law that gives parents and guardians a cause of action against an instructor or organization that promotes gateway sexual activity or demonstrates sexual activity; (4) The Act authorizes dissemination of medically acceptable contraceptive information by duly authorized persons in state and county health and welfare departments, in medical facilities at institutions of higher learning, and at other agencies and instrumentalities of Tennessee. This bill adds a requirement that the textbook and instructional materials quality commission must approve all such information when distributed at public schools or public charter schools; and (5) The Act specifies various circumstances under which a physician is authorized to furnish contraceptive supplies and information to a minor, one of which is when the minor is referred by a school. This bill adds a requirement that a physician must receive parental permission to receive contraceptive supplies and information if the referring agency is a public school or public charter school. This bill changes the present law prohibition against employees of public school nurse programs prescribing any form of birth control device or contraceptive while present on school property or while otherwise engaged in the activities of the program. This bill makes such prohibition applicable to prescribing or providing contraceptive supplies, procedures, and information. ON APRIL 19, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1392, AS AMENDED. AMENDMENT #1 rewrites this bill to add to present law concerning distribution of contraception on school property as part of instruction of the family life curriculum. Present law generally prohibits instruction of the family life curriculum from distributing contraception on school property; provided, however, that medically-accurate information about contraception and condoms may be provided so long as it is presented in a manner consistent with the preceding provisions of this part and clearly informs students that while such methods may reduce the risk of acquiring sexually transmitted diseases or becoming pregnant, only abstinence removes all risk. This amendment adds the following requirements for information provided about contraception and condoms in conjunction with the distribution of contraception on school property as part of instruction of the family life curriculum: (1) Such information must be consistent with public policy; (2) Such information must be reviewed and approved by the local board of education or charter school governing body, prior to the information being used by the LEA or public charter school in a family life curriculum, to ensure that it is medically accurate, age appropriate, in compliance with present law concerning family life curriculum, and aligned to academic standards in this state; and (C) Such information must be provided, upon request, to a parent of a student attending a school in the LEA or charter school, to allow the parent to review the information and to opt the parent's student out of receiving the information as part of a family life curriculum, without penalty.