Health Care - As enacted, enacts the "Fertility Treatment and Contraceptive Protection Act." - Amends TCA Title 63 and Title 68. Companion bill has been assigned Public Chapter Number 247 by the Secretary of State, the official text

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PUBLIC CHAPTER NO. 247

                                                     SENATE BILL NO. 449

       By Massey, Reeves, Campbell, Haile, Akbari, Briggs, Lamar, Oliver, Yarbro, Hatcher

                                             Substituted for: House Bill No. 533

  By Rudder, Helton-Haynes, Gillespie, Travis, Faison; Mr. Speaker Sexton; Raper, Brooks, Marsh,
         Burkhart, Butler, White, Chism, Hakeem, Parkinson, Love, Eldridge, Camper, Hemmer

AN ACT to amend Tennessee Code Annotated, Title 63 and Title 68, relative to reproductive health
          care.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. This act is known and may be cited as the "Fertility Treatment and Contraceptive
Protection Act."

          SECTION 2. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by adding
the following as a new section:

                    (a) As used in this section:

                              (1) "Contraception" means an action taken to prevent pregnancy, including the
                    use of contraceptives, emergency contraceptives, fertility awareness-based methods,
                    and sterilization procedures;

                              (2) "Contraceptive" means any device, medication, biological product, or
                    procedure that is intended for use in the prevention of pregnancy, whether specifically
                    intended to prevent pregnancy or for other health needs, and that is legally marketed
                    under the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) as of July 1,
                    2025;

                              (3) "Fertility treatment" includes:

                                         (A) The preservation of human oocytes, sperm, or embryos for later
                              reproductive use;

                                         (B) Artificial insemination, including intravaginal insemination,
                               intracervical insemination, and intrauterine insemination;

                                         (C) Assisted reproductive technology, including in vitro fertilization and
                               other treatments or procedures in which reproductive genetic material, such as
                               oocytes, sperm, fertilized eggs, and embryos, are handled;

                                         (D) Genetic testing of embryos;

                                         (E) Medication prescribed or obtained over-the-counter, as indicated for
                              fertility;

                                         (F) Gamete donation; and

                                         (G) Other information, referrals, treatments, procedures, medications,
                             . laboratory testing, technologies, or services relating to fertility;

                               (4) "Healthcare provider" means an individual who is licensed, certified,
                    registered, or otherwise authorized or permitted by the laws of this state to administer
                    health care in the ordinary course of business in the practicing of a profession; and
S8449
                              (5) "Person'.' means an individual human being.

                    (b) Notwithstanding another law, an individual has a right to engage in activities
          associated with fertility treatment and contraception. The laws of this state do not prohibit an
          activity associated with fertility treatment or contraception. The law of this state clearly and
          unambiguously acknowledges the right of a healthcare provider to perform, and the right of a
          person to receive or use, fertility treatment and contraceptives in this state.

                    (c) This section does not create an entitlement to fertility treatment or contraception,
          or to coverage of or funding or reimbursement for fertility treatment or contraception.
          SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.

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         SENATE BILL NO. 449

PASSED:  April 14, 2025

         p ~~~~I

                         '                RJIN........cNALLY

                                  SPEAKER OF THE SENATE

                         C?~~"z----

                            CAMER         XTON,SPEAKER

                            HOUSE OF REPRESENTATIVES

APPROVED this JLttl day of Apr;j          2025

         ~~ _,,,
                      BILL LEE, GOVERNOR