Featured Legal News: Abortion Law Guide
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3/26/2024
Abortion Law Guide
Due to the shortcomings of Tennessee’s former abortion “trigger” law, TMA and a coalition of other health care provider interests lobbied for passage of SB745/HB883 in 2023. The 2023 law, effective on April 28, 2023, amended the “trigger” law statute to add the termination of ectopic and molar pregnancies to the list of actions that are NOT included in the definition of abortion. It also repealed the affirmative defense and replaced it as an exception to the offense of criminal abortion. Review our Law Guide topics, Abortion and Abortion FAQs to fully understand the abortion law in Tennessee.
BME Sexual Misconduct Policy
The Board of Medical Examiners adopted an updated sexual misconduct policy that was effective 1/25/2022 to provide guidance to medical doctors as to what behaviors could subject a licensee to disciplinary action based on sexual misconduct. Click here to read an article that discusses the updated policy.
Indictment Reporting (controlled substance & sexual offense)
A physician must report to his/her licensing board any indictment for an offense involving the sale or dispensing of controlled substances. Once the licensing board learns of any indictment for a controlled substance crime or for a sexual offense, it must restrict certain prescription rights until the case is final. If convicted, the license must be revoked. Access our Law Guide topic, Prescriptions, to understand the details of these two laws and the possible impact on a physician.
Minors and Vaccines
Passed by the 2023 Tennessee General Assembly, the Mature Minor Doctrine Clarification Act states that a healthcare provider may NOT provide a vaccination to a minor without the informed consent of a parent or legal guardian. There are many potential pitfalls for physicians and our Law Guide topic, Minors and Vaccine Consent, will help you avoid them. Member login required.
Prescription Laws
TMA's Law Guide topic, Prescription Laws, is an exhaustive document that details the requirements for issuing and dispensing prescriptions, including material requirements, physician requirements, and reporting. It discusses in detail Tennessee law for issuing opioid prescriptions and the requirement to issue all controlled prescriptions electronically. Member login required to access.
Treatment of Minors Guide
TMA created this resource based on logging years of calls to the legal department from pediatric and other medical practices with questions regarding the treatment of minor patients and the rights and duties of parents and guardians for minors under their legal responsibility. This resource also addresses the recent change in Tennessee law to require informed consent prior to vaccinating a minor. Click here to access it.
For more information, email legal@tnmed.org.