ON MARCH 20, 2023, THE HOUSE ADOPTED AMENDMENTS # 1, AS AMENDED, AND 2, AND PASSED HOUSE BILL 883, AS AMENDED.
AMENDMENT #1, AS AMENDED, rewrites this bill to make the following changes and additions to present law concerning abortion:
(1) Present law generally makes it a Class C felony offense to perform an abortion in Tennessee. The criminal abortion law defines abortion in a manner that it is not an offense to use an instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. This amendment adds termination of a pregnancy with the intent to terminate an ectopic or molar pregnancy to the list of actions that do not constitute criminal abortion;
(2) Under present law, it is an affirmative defense to prosecution for criminal abortion, which must be proven by a preponderance of the evidence, that:
(A) The abortion was performed or attempted by a licensed physician;
(B) The physician determined, in the physician's good faith 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. A claim or a diagnosis that the woman will engage in conduct that would result in her death or substantial and irreversible impairment of a major bodily function or for any reason relating to her mental health is insufficient to establish this element of the defense; and
(C) Generally, the physician performs or attempts to perform the abortion in the manner which provides the best opportunity for the unborn child to survive.
This amendment replaces the affirmative defense and instead provides that it is not an offense for a physician to perform an abortion under circumstances that are substantially similar to those required to establish the affirmative defense under present law;
(3) This amendment clarifies that so long as the criminal abortion law is in effect, such law supersedes other provisions of present law concerning non-performance of abortions when a fetus is viable, fetal heartbeat, prohibition of race-based or Down syndrome-based abortion, and warnings concerning chemical abortions;
(4) This amendment removes a prior criminal abortion law, which delineated prohibited acts based on whether a pregnancy lasted three months or longer;
(5) Present law authorizes the commissioner of health to consider certain things when promulgating rules to effectuate the purposes of the law pertaining to the disposition of aborted fetal remains. One such consideration is the need to establish procedures for the pregnant woman or the pregnant woman's authorized representative to complete the forms within a reasonable time following a medical emergency, in situations where a medical emergency prevents the pregnant woman from completing the forms. This amendment removes a cross reference to the definition of "medical emergency", which is in one of the sections of present law that this amendment specifies will be superseded by the criminal abortion law;
(6) Present law prohibits a health care plan required to be established in Tennessee through an exchange pursuant to federal health care reform legislation enacted by the 111th Congress from offering coverage for abortion services. This amendment limits the prohibition to coverage for prohibited abortion services, meaning services that constitute the offense of criminal abortion; and
(7) This amendment requires the attorney general and reporter to notify the Tennessee Code Commission if the criminal abortion law is no longer in effect.
AMENDMENT #2 adds a requirement that the department of health collect the reports concerning the disposition of aborted fetal tissue that are required by present law and report quarterly the number of abortions performed in this state to the governor, the speaker of the senate, the speaker of the house of representatives, and the chairs of the health and welfare committee of the senate and the health committee of the house of representatives no later than January 1, April 1, July 1, and October 1 of each year.

Statutes affected:
Introduced: 4-8-305(d)(6), 4-8-305
Amended with HA0174, HA0185, HA0175 -- 03/20/2023: 4-8-305(d)(6), 4-8-305, 39-15-213(a)(1), 39-15-213, 39-15-201, 39-15-219(a)(6), 39-15-219, 56-26-134, 39-15-203