Tennessee Life Defense Act of 2012 (HB 3808)

HB 3808 contains an admitting privilege requirement and reporting requirements for physicians and the commissioner of health.

Admitting Privileges Requirement

The bill requires that a physician who performs an abortion must have admitting privileges in a hospital that is located in either the county in which the abortion is performed or in a county adjacent to the county in which the abortion is performed.

Reporting Requirements

The law also requires physicians to make a report of each abortion performed to the department of health on forms prescribed by the commissioner of health. The report must contain specified information, including:

1. Identification of the physician who performed the abortion and the physician’s office, clinic, hospital or other facility where the abortion was performed;
2. The county and state in which the woman resides;
3. The woman’s age, race and marital status;
4. The number of prior pregnancies and prior abortions of the woman;
5. The gestational age in number of weeks of the unborn child at the time of the abortion;
6. The type of procedure performed or prescribed and the date of the abortion; and
7. Pre-existing medical conditions of the woman which would complicate pregnancy, if any, and, if known, any medical complication which resulted from the abortion itself.

The law also requires the commissioner of health to prepare an comprehensive annual statistical report for the general assembly based on the gathered data.

STATUS

This bill was signed into law by Gov. Haslam on May 10, 2012 and went into effect on July 1, 2012. This law has been challenged in court. Attorneys for Tennessee dropped their defense of the admitting privileges and ASC requirements in light of the Supreme Court’s ruling in Whole Woman’s Health v. Hellerstedt. (See Adams & Boyle, P.C. v. Slatery.)

Companion bill to SB 3323.

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