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Tennessee law institutes significant restrictions on abortion access. Following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, a comprehensive state law now governs the practice. This legal framework establishes a general prohibition on the procedure while outlining specific, limited circumstances under which a physician may act.
Tennessee’s General Prohibition of Abortion
The foundation of Tennessee’s current abortion restrictions is the “Human Life Protection Act.” This law took effect on August 25, 2022, and establishes a near-total ban on abortion, making it a criminal offense to perform or attempt the procedure. The law’s scope is extensive, defining pregnancy as the period from fertilization until birth, and provides no exceptions for rape or incest.
The “Human Life Protection Act” defines abortion as the use of any method or substance with the intent to terminate a known pregnancy for a purpose other than to increase the likelihood of a live birth or to remove a deceased fetus. This definition focuses on the intent behind the medical procedure. A 2023 amendment clarified that medical procedures to terminate an ectopic or molar pregnancy are not considered abortions under the statute.
The Medical Necessity Exception
The law was amended in April 2023 to replace a previous “affirmative defense” with a legal “exception.” Under the amended law, a physician does not commit a criminal offense if the procedure is necessary to address a specific medical crisis. This establishes conditions under which an abortion is not a crime, rather than requiring a physician to defend a criminal charge after the fact.
A physician may only perform an abortion if it is necessary to prevent the death of the pregnant woman or to prevent a serious risk of substantial and irreversible impairment of a major bodily function. The statute explicitly states that this exception cannot be invoked for reasons related to the woman’s mental or emotional health.
Physician Responsibilities and Medical Judgment
For an abortion to fall under the medical exception, a physician must exercise their “good faith medical judgment” based on the facts known at the time. This requires meticulous documentation and a clear medical rationale for the diagnosis and the chosen course of treatment. The physician must create and maintain a detailed medical record justifying the conclusion that the procedure was the only reasonable medical option to prevent the specified outcomes.
Furthermore, the law requires that the abortion itself be performed in a manner that, in the physician’s good faith judgment, provides the best opportunity for the unborn child to survive. This requirement is waived only if that method would pose a greater risk to the pregnant woman’s life or risk the same level of irreversible physical impairment that the abortion is intended to prevent.
Criminal Penalties for Violations
A physician who performs an abortion that does not meet the strict criteria of the medical necessity exception faces severe legal consequences. Performing an unlawful abortion is classified as a Class C felony.1Justia Law. Tennessee Code § 39-15-213 (2024) – [See Note] Criminal abortion – Affirmative defense
A conviction for a Class C felony includes a potential prison sentence ranging from three to 15 years.2FindLaw. Tennessee Code Title 40. Criminal Procedure § 40-35-111 In addition to imprisonment, the court can also impose a fine of up to $10,000.
The law specifically protects the pregnant patient from legal repercussions. The statute explicitly states that the woman upon whom an abortion is performed or attempted cannot be subjected to criminal conviction or penalty under this law.