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The Tennessee Conservative [By Adelia Kirchner] –
On Thursday, April 24th, Gov. Bill Lee (R-TN) signed the “Medical Ethics Defense Act” into law.
The act was sponsored in the Tennessee General Assembly by Rep. Bryan Terry (R-Murfreesboro-District 48) and Sen. Ferrell Haile (R-Gallatin-District 18).
It passed the House by a 71-24 vote and the Senate by a 25-6 vote, officially becoming Pub. Ch. 266 on Tuesday, April 29th.
The new law applies to healthcare professionals within the state of Tennessee including doctors, nurses, pharmacists and even insurance companies.
Under this law, healthcare professionals can refuse to pay for or perform a procedure or write a prescription that violates their conscience.
For the purposes of this legislation, the “conscience” of an individual is defined as “the sincerely held ethical, moral, or religious beliefs or principles held by a healthcare provider.”
In regard to institutional entities or corporate bodies the term is “determined by reference to that entity’s or body’s governing documents, including ethical, moral, or religious guidelines, directives, mission statements, constitutions, articles of incorporation, bylaws, policies, or regulations.”
During committee proceedings regarding HB1044/SB0955, Tennessee-based OB-GYN Dr. Jonathan Shaw testified in support.
Dr. Shaw shared with lawmakers that he was almost pushed out of his former practice in the Northeast because he did not comply with a policy that went against his personal beliefs by requiring him to announce his pronouns to patients.
“I used the term ‘conscientious objection’ to describe my position on the practice of being forced to announce my own pronouns, but this was seen as a barrier to patient care. The ability to do my job was called into question, and human resources were consulted,” said Dr. Shaw.
The text of this legislation states that “a healthcare provider must not be required to participate in or pay for a healthcare procedure, treatment, or service that violates the conscience of the healthcare provider.”
It further dictates that the right described above is “limited to a particular healthcare procedure, treatment, or service, and does not waive or modify any duty a healthcare provider may have to provide or pay for healthcare procedures, treatments, or services that do not violate the healthcare provider’s conscience.”
Additionally, this right does not allow healthcare payers to decline payment for a healthcare procedure, treatment, or service that “it is contractually obligated to pay for under the terms of a contract with an insured party.”
According to the Alliance Defending Freedom (ADF) which supported this legislation, eight other states have previously adopted conscience clause laws that have been barely utilized and never challenged in the courts.
“Patients and providers have rights. Providers should not give up their rights to best serve their patients’ [rights],” Rep. Terry told News Channel 11. “Patients need to know that our doctors are advocating for them with a clear conscience.”
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee. Adelia is The Tennessee Conservative’s on-site reporter for the Tennessee General Assembly. You can reach Adelia at adelia@tennesseeconservativenews.com.
One Response
Good!! Thanx.