AN ACT to amend Tennessee Code Annotated, Title 33; Title 63 and Title 68, relative to substance use.
HB1102 would add a new informed-consent requirement for drug and alcohol testing or screening of pregnant patients, patients less than one year postpartum, and newborns in licensed healthcare facilities. Under the bill, testing could only be performed with prior written and oral informed consent specific to the test or screen, unless the situation is an emergency in which delaying treatment would increase the risk to the patient’s or newborn’s life or health. The bill also requires that consent be obtained in a language understandable to the patient, include specific disclosures about the purpose of the test, confidentiality, and possible legal consequences, and be documented in writing.
The bill further prohibits healthcare facilities from refusing to treat a pregnant patient, postpartum patient, or newborn because the patient or authorized decision-maker declines drug or alcohol testing. It also states that the privacy protections in Tennessee law extend to patients in pregnancy and postpartum periods and to newborns, and it clarifies that the new section does not reduce any other informed-consent requirements already in law. The act would take effect July 1, 2025, and apply to prohibited conduct occurring on or after that date.
HB1102 would amend Tennessee Code Annotated Title 68, Chapter 11, Part 15, creating a new state-law standard governing drug and alcohol testing in healthcare settings for pregnant, postpartum, and newborn patients. It would impose procedural requirements on licensed healthcare facilities and professionals, including specific informed-consent disclosures, emergency exceptions, documentation duties, and a prohibition on treatment denial based on refusal to test. The bill would also reinforce privacy protections for these patients and could affect hospital policies, labor and delivery practices, newborn screening protocols, and interactions with child welfare reporting concerns.
Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the overall sentiment appears to be protective of patient autonomy and privacy, especially for pregnant and postpartum patients. The legislation is framed as a safeguard against coercive or nonconsensual testing while preserving emergency medical authority. Because no transcripts or vote history are included, there is no documented opposition or support to characterize beyond the bill’s apparent policy intent.
The main point of contention likely centers on balancing patient consent and privacy against clinical judgment, emergency care, and concerns about substance exposure in pregnancy and newborn care. The bill requires explicit consent and warnings about possible reporting to the Department of Children’s Services, which may be viewed as strengthening patient rights but could also be seen by some healthcare providers or child welfare advocates as limiting routine screening or complicating intervention in suspected substance use cases. The emergency exception and the prohibition on refusing treatment are designed to address those concerns, but the scope of consent requirements and the potential legal consequences of positive tests are the most likely areas of debate.