House Bill 1044, also known as the "Medical Ethics Defense Act," amends Tennessee Code Annotated to establish protections for healthcare providers exercising their rights of conscience and free speech. The bill defines key terms such as "conscience," "discriminatory action," and "healthcare provider," and stipulates that healthcare providers cannot be compelled to participate in or fund procedures that conflict with their ethical, moral, or religious beliefs. It also prohibits any civil or criminal repercussions, as well as discriminatory actions against providers who assert these rights. However, the bill clarifies that these protections do not apply to federally governed procedures or to religious healthcare providers making employment decisions consistent with their beliefs.
Additionally, the bill includes provisions for whistleblower protections, ensuring that healthcare providers cannot face discrimination for reporting violations related to conscience rights. It also safeguards free speech by preventing political subdivisions from sanctioning providers for protected speech unless it directly causes physical harm. The act allows aggrieved parties to seek civil remedies for violations, including damages and attorney fees, and establishes a severability clause to maintain the law's integrity if any provision is found invalid. Overall, the bill aims to reinforce the rights of healthcare providers in Tennessee regarding their ethical and moral beliefs in the practice of medicine.