SB 2014

This bill prohibits information about the use of controlled substances or controlled substances analogues obtained solely through a pregnancy test, or prenatal or postpartum medical care, from being used as evidence of a criminal offense. This prohibition includes disclosures made while seeking behavioral health treatment during pregnanc y or postpartum. However, this bill only applies to criminal proceedings and does not (i) apply if the information was obtained by independent lawful means; (ii) limit the use of the information for non-criminal health purposes authorized by state law; or (iii) restrict mandatory reporting required by state law. Further, this bill clarifies that its provisions do not authorize the criminalization of pregnant persons. As used in this bill, the criminalization of pregnant persons includes (i) allowing pregnancy, a pregna nc y outcome, or pregnancy-related health information to serve as a basis for criminal charges, sentence enhancements, probative violations, or adverse legal consequences; (ii) criminal charges being brought on the basis of a miscarriage, stillbirth, control led substance exposure, or other pregnancy outcomes; and (iii) the use of pregnancy-related medical information to initiate new criminal investigations and punitive responses to health conditions or outcomes that occur during pregnancy or postpartum perio d. ANNUAL REPORTING Present law provides the reporting requirements for correctional facilities operating in this state. Beginning on January 1, 2027, and annually thereafter, this bill requires the department of correction and each local correctional facility to report to the department of health the total number of (i) incarcerated women, (ii) incarcerated pregnant persons, (ii) persons requesting pregnancy testing, (iv) live births, (v) stillbirth deliveries, (vi) miscarriages, and (vii) ectopic pregnancies in facilitie s under their control. Such reports must comply with state and federal patient confidentiality laws. Further, this bill authorizes the department of health to public a statewide summary on its website. TRANSFER OF PREGNANT PERSONS This bill requires local correctional facilities to transfer pregnant persons sentenced to serve in the state department of correction to state custody as quickly as possible. The sheriff of a county and the department of correction must make all reason able efforts to transfer pregnant persons without delay. IMMUNITY FROM CIVIL LIABILITY Present law requires the medical director or a physician providing medical care at correctional facilities to provide pregnant prisoners and detainees with regular prenatal and postpartum medical care as necessary. This bill clarifies that a correctiona l institution is immune from civil liability based on pregnancy outcomes. PREGNANCY TESTING FOR INMATES Present law provides the requirements for medical treatment for prisoners and detainees in correctional facilities. This bill requires the department of correction and each local correctional facility to provide access to pregnancy testing within 72 hou rs of an eligible person's request. The results of such test are medical information and may only be disclosed in compliance with HIPAA and other federal privacy laws. Additionally, this bill clarifies that its provisions do not authorize the surveillan ce of a pregnant person. RECORDS PROVIDED TO THE MATERNAL MORTALITY REVIEW TEAM The Maternal Mortality Review and Prevention Act of 2016 established the Tennessee maternal mortality review program to identify and address the factors contributing to poor pregnancy outcomes and facilitate state system changes to improve the health of women. As part of that program, the Act created the Tennessee maternal mortality review team ("state team""). Present law requires healthcare facilities and providers to provide the state team with their records as necessary for the state team to review sp ecific fatalities. This bill clarifies that pharmacies must also make their records available to the state team as necessary. Further, this bill requires healthcare facilities, pharmacies, and providers to make such records available within 30 days of a written request. This bill clarifies that healthcare facilities, pharmacies, and providers that comply with a records request from the state team are not liable for civil damages or subject to criminal or professional disciplinary action for their compl ia nce. RULEMAKING This bill authorizes the department of correction to promulgate rules to effectuate this bill."