Amends TCA Title 37; Title 39; Title 63 and Title 68.

Present law provides the following:<br /> <br /> (1) A person who performs or attempts to perform an abortion --- the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus--- commits the offense of criminal abortion; <br /> <br /> (2) Criminal abortion is a Class C felony; <br /> <br /> (3) It is an affirmative defense to the prosecution of a criminal abortion, which must be proven by a preponderance of the evidence, that the abortion was performed or attempted by a licensed physician; the performing physician determined, in his or her good faith medical judgment, based on upon known facts, that the abortion was necessary to prevent the death or serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman; the physician performs or attempts to perform the abortion in the manner which, in his or her good faith medical judgment with the known facts, provides the best opportunity for the unborn child to survive, unless in the physician’s good faith judgment, termination of the pregnancy in that manner would pose a greater risk of the death of the pregnant woman or substantial and irreversible impairment of a major bodily function; and<br /> <br /> (4) No abortion is deemed authorized under the present law or a greater risk deemed to exist if either is based on a claim or diagnosis that the woman will engage in conduct that would result in her death or substantial and irreversible impairment of a major bodily function or for any reason relating to her mental health. <br /> <br /> This bill clarifies that an abortion does not include the use of contraceptives, such as hormonal birth control, intrauterine devices, or emergency contraceptives.<br />