This bill enacts the "Reproductive Freedom Act," which amends and removes various law relative to abortions and reproductive matters. FUNDAMENTAL RIGHT This bill provides that every person has a fundamental right to make decisions about the person's reproductive health care, including the fundamental right to use or refuse contraceptive procedures or contraceptive supplies. Additionally, this bill provides that a pregnant person has a fundamental right to continue a pregnancy and give birth, or to have an abortion and to make decisions about how to exercise such right. Finally, this bill provides that a fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of this state. STATE INTERFERENCE PROHIBITED This bill prohibits this state, or a department, agency, entity, or political subdivision of this state, from doing any of the following:  Denying, restricting, interfering with, or discriminating against a person's fundamental rights described in this bill in the regulation or provision of benefits, facilities, services, or information.  Criminalizing an action taken by a person in the exercise of the person's fundamental rights described in this bill.  Depriving, through prosecution, punishment, or other means, an individual of the right to act or refrain from acting during the individual's own pregnancy based on the potential, actual, or perceived impact on the pregnancy, the pregnancy's outcomes, or the pregnant individual's health. MONUMENT TO UNBORN CHILDREN Present law provides that the general assembly calls for a monument to be erected on the capitol campus as a reminder of unborn children. The monument must be in memory of the victims of abortion, babies, women, and men. Upon completion of the monument, the state capitol commission must name the monument the "Tennessee Monument to Unborn Children, In Memory of the Victims of Abortion: Babies, Women, and Men." This bill deletes all provisions in present law relative to this monument. FUNDING FOR CRIMINAL ABORTIONS Present law prohibits counties, municipalities, and metropolitan governments from expending funds for the purposes of assisting a person in obtaining a criminal abortion. A person who performs or attempts to perform an abortion does not commit the offense of criminal abortion if it is performed or attempted by a licensed physician in a licensed hospital or ambulatory surgical treatment center and the following conditions are met: (1) The physician determined, using reasonable medical judgment, based upon the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman; and (2) The physician performs or attempts to perform the abortion in the manner which, using reasonable medical judgment, based upon the facts known to the physician at the time, provides the best opportunity for the unborn child to survive, unless using reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of death to the pregnant woman or substantial and irreversible impairment of a major bodily function. This bill deletes these provisions. SURVIVAL ACTION Present law provides that a person who dies from injuries received from another, or whose death is caused by the wrongful act, omission, or killing by another, would have a cause of action against the wrongdoer, and that cause of action is not extinguished by the person's death but passes to the person's surviving spouse and, if there is no surviving spouse, to the person's next of kin; to the person's natural parents or parent or next of kin if at the time of death the decedent was in the custody of natural parents or parent and had not been legally surrendered or abandoned by them pursuant to any court order removing such person from the custody of such parents or parent; or otherwise to the person's legally adoptive parents or parent, or to the administrator for the use and benefit of the adoptive parents or parent; the funds recovered in either case to be free from creditors. Present law further provides that in any case involving a beneficiary who is a minor or who is legally incompetent, if the court finds it is in the best interest of the beneficiary, the court in its discretion to authorize all or any portion of the funds recovered for the beneficiary to be added to any trust or trusts established for the benefit of the beneficiary, wherever situated, whether the trust was created by the person whose death was caused by the wrongful action or omission or by any other person. The funds recovered are for the benefit of the beneficiary and are free from claims of creditors. Present law provides that the word "person," as used in the provisions above, includes an unborn child at any state of gestation in utero. This bill deletes this particular definition of "person." POINT OF CONCEPTION IN WRONGFUL BIRTH AND WRONGFUL LIFE Present law provides that there is no cause of action for wrongful birth on behalf of any person based on a claim that, but for an act or omission of the defendant, a person once conceived would not or should not have been born. Present law further provides that there is no cause of action for wrongful life on behalf of any person based on a claim that, but for an act or omission of the defendant, the person would not have been conceived or, once conceived, would or should have been aborted. For the purposes of these provisions, a "person" is deemed to be conceived at the moment of fertilization. This bill deletes this definition of conception. PARENTAL CONSENT FOR ABORTIONS BY MINORS Present law prohibits a person from performing an abortion on an unemancipated minor unless such person first obtains the written consent of one parent or legal guardian of the minor. The consent must be signed. A person commits a Class A misdemeanor who impersonates the parent or legal guardian of an unemancipated minor for the purpose of circumventing the requirements of this law. However, if a criminal charge of incest is pending against a parent of such minor or a medical emergency exists, then the written consent of such parent is not required. If permission is unattainable, then the minor may petition a juvenile court for a waiver of the consent requirement, which must be waived if the court finds either (i) the minor is mature and well-informed enough to make the abortion decision on the minor's own; or (ii) the performance of the abortion would be in the minor's best interest. Present law provides that failure to obtain consent pursuant to the requirements of the above provisions is prima facie evidence of failure to obtain informed consent and of interference with family relations in appropriate civil actions. Present law prohibits the law of this state to be construed to preclude the award of exemplary damages in any appropriate civil action relevant to violations of the above provisions. Nothing in the above provisions should be construed to limit the common law rights of parents. Additionally, present law requires that if a person or entity that fails to comply with the notice requirements of existing law, then they must be subject to the penalties and action provided for in existing law. This bill deletes these provisions. FETUS AS VICTIM Present law provides that, for purposes of assaultive offenses and criminal homicide, "another," "individuals," and "another person" include a human embryo or fetus at any stage of gestation in utero, when any such term refers to the victim of any act made criminal as an assaultive offense or homicide. However, this provision does not apply to any act or omission by a pregnant woman with respect to an embryo or fetus with which she is pregnant, or to any lawful medical or surgical procedure to which a pregnant woman consents, performed by a healthcare professional who is licensed to perform such procedure. This bill deletes these provisions. ABORTION This bill deletes provisions relative to abortion, including all of the following:  Prohibition on abortion unless it is deemed necessary by a licensed physician to prevent death or irreversible impairment of a major bodily function of the pregnant woman and the physician performs the abortion in the manner that provides best opportunity for the unborn child to survive;  Prohibition on recruiting, harboring, or transporting a pregnant unemancipated minor within this state for the purpose of obtaining a criminal abortion;  Requirement of a pregnant woman's signed informed consent and 48-hour waiting period before obtaining an abortion;  The right of a physician or hospital to refuse to perform an abortion;  Prohibition on research, experimentation, and photography of an aborted fetus;  Prohibition of partial-birth abortions; and  Requirements under the Child Rape Protection Act of 2006.ASSISTANCE IN TEACHING FAMILY LIFE IN SCHOOLS Present law prohibits a public school or open-enrollment public charter school to knowingly enter into a transaction to assist in teaching family life with an individual or entity that: performs abortions, induces abortions, provides abortion referrals, or provides funding, advocacy, or other support for abortions. A violation of this provision is a violation to an educator's obligation to the education profession. This bill deletes these provisions. Present law requires that a family life curriculum that directly or indirectly addresses human growth, human development, or human sexuality must include the presentation of a high-quality, computer-generated animation or high-definition ultrasound of at least three minutes in duration that shows the development of the brain, heart, and other vital organs in early fetal development, such as "Meet Baby Olivia," developed by Live Action. This bill deletes this provision. LEGEND DRUGS Present law prohibits a nurse practitioner or a physician assistant working under a physician's supervision to be delegated the authority to prescribe drugs, whose sole purpose is to cause or perform an abortion, that involve (i) the writing or signing a prescription for any drug or medication; (ii) the dispensing or administration of any prescribed or legend drug or medication; or (iii) the performing of any procedure that involves the use of a legend drug or medication. This bill deletes these provisions. INSURANCE Present law prohibits healthcare plans required to be established in this state through an exchange pursuant to federal healthcare reform legislation to offer coverage for prohibited abortion services as described in existing law. This bill requires that these healthcare plans must offer coverage for reproductive health care. As used in this bill, "reproductive health care" means health care and other medical services related to the reproductive processes, functions, and systems at all stages of life and includes, but is not limited to, family planning and contraceptive care; abortion care; prenatal, postnatal, and delivery care; fertility care; sterilization services; and treatments for sexually transmitted infections and reproductive cancers. TENNESSEE ABORTION-INDUCING DRUG RISK PROTOCOL ACT Present law authorizes an abortion-inducing drug to be provided only by a qualified physician following the procedures set forth in state law. Additionally, present law prohibits a manufacturer, supplier, pharmacy, physician, qualified physician, or other person from providing an abortion-inducing drug to a patient via courier, delivery, or mail service. Present law requires a qualified physician providing an abortion-inducing drug to examine the patient in person and, prior to providing an abortion-inducing drug a qualified physician must do all of the following: (1) Independently verify that a pregnancy exists; (2) Determine the patient's blood type, and, if the patient is Rh negative, offer to administer RhoGAM at the time of the abortion; (3) Inform the patient that the patient may see the remains of the unborn child in the process of completing the abortion; and (4) Document, in the patient's medical chart, the gestational age and intrauterine location of the pregnancy, and whether the patient received treatment for Rh negativity, as diagnosed by the most accurate standard of medical care. Present law requires a qualified physician providing an abortion-inducing drug to be credentialed and competent to handle complication management, including emergency transfer, or must have a signed agreement with an associated physician who is credentialed to handle complications and be able to produce the signed agreement on demand by the patient or the department. The qualified physician providing an abortion-inducing drug to a patient is required to provide the patient with the name and phone number of the associated physician. Additionally, present law requires a qualified physician providing an abortion-inducing drug, or an agent of the qualified physician, to schedule a follow-up visit for the patient at approximately seven to 14 days after administration of the abortion-inducing drug to confirm that the pregnancy is completely terminated and to assess the degree of bleeding. The qualified physician must make all reasonable efforts to ensure that the patient returns for the scheduled appointment. A brief description of the efforts made to comply with this provision, including the date, time, and identification by name of the individual making the efforts, must be included in the patient's medical record. Present law provides that an individual who intentionally, knowingly, or recklessly violates the above provisions commits a Class E felony and, upon conviction, may be fined not more than $50,000. However, a criminal penalty must not be assessed against a patient upon whom a chemical abortion is attempted or performed. Furthermore, present law provides that failure to comply with the above provision results in the following: (1) Provides a basis for a civil malpractice action for actual and punitive damages; (2) Provides a basis for professional disciplinary action under existing law for the suspension or revocation of the license of a healthcare provider or facility; (3) Provides a basis for recovery for the patient's survivors for the wrongful death of the patient under a wrongful death action; and (4) Provides a basis for a cause of action for injunctive relief against an individual who has provided an abortion-inducing drug in violation of this part to prevent the enjoined defendant from providing further abortion-inducing drugs in violation of this part. Present law prevents civil liability from being imposed against a patient on whom a chemical abortion is attempted or performed. Present law requires that when requested, the court must allow a patient to proceed using solely the patient's initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the patient on whom the chemical abortion was attempted or performed. If judgment is rendered in favor of the plaintiff, the court must also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court is authorized to render judgment for reasonable attorney fees in favor of the defendant against the plaintiff. This bill deletes all of the provisions above. CLAIMS DATA Present law excludes from ambulatory surgical treatment center's claims data reporting patients discharged after receiving an abortion. This bill deletes this provision. OFFICE OF VITAL RECORDS Present law requires the department of health to make and amend rules and regulations necessary for the tracking and disposition of an aborted fetus or aborted fetal tissue resulting from surgical abortions. This bill deletes this provision. REPORTS OF ABORTIONS Present law requires each induced termination of pregnancy that occurs in this state to be reported to the office of vital records within 10 days after the procedure by the person in charge of the institution in which the induced termination of pregnancy was performed. If the induced termination of pregnancy was performed outside an institution, the attending physician is required to prepare and file the report. Each such report must indicate whether the abortion involved a surgical procedure and, if so, which method was employed, and must indicate which method authorized by existing law was employed to dispose of the aborted fetus or aborted fetal tissue. If the aborted fetus or aborted fetal tissue was transferred to a third party for disposition, then the report must indicate the name and address of the third party and the date of the transfer. Additionally, the individual undergoing the induced termination of pregnancy must not be identified by name on the report, although some means of identification must be used to provide retrieval of further information if necessary. This bill deletes these provisions. AUTHORIZATION FOR FINAL DISPOSITION OF A DEAD FETUS Present law requires that prior to final disposition of fetal remains in accordance with existing law, the funeral director, the person in charge of the institution, or other person assuming responsibility for final disposition of the fetus, must obtain from the mother authorization for final disposition on a form prescribed and furnished, or approved by the state registrar, regardless of the duration of pregnancy. Additionally, present law requires that when the demise of the fetus is the result of a surgical abortion, a copy of the mother's authorization for disposition, specifying the means of the disposition, must be appended to the informed consent signed by the mother prior to the procedure pursuant to existing law. After final disposition, the authorization must be retained for a period of three years by the funeral director, the person in charge of the institution, or other person making the final disposition. This bill deletes these provisions. AMBULATORY SURGICAL TREATMENT CENTER As used in present law, “ambulatory surgical treatment center” means any institution, place, or building devoted primarily to the maintenance and operation of a facility for the performance of surgical procedures or any facility in which a surgical procedure is utilized to terminate a pregnancy. Such facilities must not provide beds or other accommodations for the stay of a patient to exceed 12 hours duration; however, the length of stay may be extended for an additional 12 hours in the event such stay is deemed necessary by the attending physician, the facility medical director, or the anesthesiologist for observation or recovery, but in no event can the length of stay exceed 24 hours. No patient for whom a surgical procedure is utilized to terminate a pregnancy is allowed to stay at such a facility for a period exceeding 12 hours. Individual patients must be discharged in an ambulatory condition without danger to the continued well-being of the patients or must be transferred to a hospital. Excluded from this definition are private physicians' office practices where a total of 50 or fewer surgical abortions are performed in any calendar year. This bill removes the language above and provides, instead, that "ambulatory surgical treatment center" means any institution, place, or building devoted primarily