Birth Control for Minors and Parental Notification

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Summary:

Minors and Contraceptive Procedures and Supplies

Current law is interpreted to allow physicians and state and local governmental agencies (e.g. health departments) to provide a minor with contraceptive procedures, supplies, and information without either the knowledge or consent of a parent or legal guardian.

This bill would change the law to state that no contraceptive procedures or supplies (e.g. birth control pills) could be provided to a minor until after at least one parent or a legal guardian has been informed of the procedure or the supply to be provided.

This bill does not prevent a minor from obtaining such materials, but simply requires that a parent or minor be informed prior to such procedure being performed or a contraceptive being supplied.  To protect against constitutional challenge, consent by the parent or legal guardian is not required.

Birth Control Bill:

BE IT ENACTED BY THE GENERAL ASSEBMLY FOR THE STATE OF TENNESSEE:

SECTION 1.  Tennessee Code Annotated,, Section 68-34-104, is amended by deleting the section in its entirety and by substituting instead the following language:

            It is the legislative declaration of the general assembly that section 68-34-104 sets forth the policy and authority of this state, it political subdivisions, and all agencies and institutions thereof, including prohibitions against restrictions, with respect to contraceptive procedures, supplies and information.

SECTION 2.  Tennessee Code Annotated, Section 68-34-104 is amended by adding the following new subsection:

(7)  Notwithstanding the provisions of subsection (2) and (4), contraceptive procedures and contraceptive supplies may be furnished by a physician, state or county health and welfare department or agency, a medical facility in an institution of higher learning, or by any other agency or instrumentality of the state, to any minor only after at least one of his or her parents or a legal guardian for that minor has been informed of the procedure or supply to be provided.

Current Law:

To review the entire Section of the Code on the Subject go to:

http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=fs-main.htm&2.0

The Sections of current law amended by Family Action’s Bill are:

68-34-103. Declaration of policy. —

It is the legislative declaration of the general assembly that:

1. Continuing population growth either causes or aggravates many social, economic and environmental problems, both in this state and in the nation;
2. Contraceptive procedures, supplies, and information, and information as to and procedures for voluntary sterilization, are not sufficiently available as a practical matter to many persons in this state;
3. It is desirable that inhibitions and restrictions be eliminated so that all persons desiring and needing contraceptive procedures, supplies, and information shall have ready and practicable access thereto; and
4. Section 68-34-104 sets forth the policy and authority of this state, its political subdivisions, and all agencies and institutions thereof, including prohibitions against restrictions, with respect to contraceptive procedures, supplies and information.

68-34-104. Contraceptives — Availability — Information — Religious belief. —

It is the policy and authority of this state that

1. All medically acceptable contraceptive procedures, supplies, and information shall be readily and practicably available to each and every person desirous of the same regardless of sex, race, age, income, number of children, marital status, citizenship or motive;
2. Contraceptive procedures, including medical procedures for permanent sterilization, when performed by a physician on a requesting and consenting patient, are consistent with public policy;
3. Nothing in this chapter shall inhibit a physician from refusing to furnish any contraceptive procedures, supplies or information where such refusal is for medical reasons;
4. Dissemination of medically acceptable contraceptive information by duly authorized persons in state and county health and welfare departments, in medical facilities at institutions of higher learning, and at other agencies and instrumentalities of this state is consistent with public policy;
5. No private institution or physician, nor any agent or employee of such institution or physician, shall be prohibited from refusing to provide contraceptive procedures, supplies, and information when such refusal is based upon religious or conscientious objection, and no such institution, employee, agent, or physician shall be held liable for such refusal; and
6. To the extent that family planning funds are available, each public health agency of this state and each of its political subdivisions shall provide contraceptive procedures, supplies, and information, including voluntary sterilization procedures for male or female persons eligible for free medical service as determined by rules and regulations promulgated by the commissioner. The same service shall be available to all others who are unable to obtain the service privately, at a cost to be determined by rules and regulations promulgated by the commissioner.

Status:

This Bill has been referred to the Committee on General Welfare, Health and Human Resources in the Senate and the Public Health and Family Assistance Subcommittee of the Committee on Health and Human Resources in the House.