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SB 3

Abortion - As introduced, clarifies that the term "abortion," as defined for the offense of criminal abortion, does not include the use of contraceptives, including any device, medication, biological product, or procedure that is generally intended for use in the prevention of pregnancy, whether specifically intended to prevent pregnancy or for other health needs, or the disposal of embryos resulting from fertility treatments, including healthcare services, procedures, testing, medications, treatments, or products. - Amends TCA Title 37; Title 39; Title 63 and Title 68.

114th Regular Session (2025-2026) Introduced by Raumesh Akbari

Bill clarifies Tennessee abortion law excludes contraceptives and fertility treatments from criminal restrictions, protecting access to birth control and reproductive healthcare services.

Passed on Second Consideration, refer to Senate Judiciary Committee
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Bill Summary · SB 3

Legislative bill overview

SB 3 clarifies that Tennessee's criminal abortion law does not apply to contraceptives, contraceptive devices, or medications used to prevent pregnancy, nor does it restrict fertility treatments or embryo disposal procedures. The bill amends multiple sections of Tennessee code to explicitly exclude these practices from the legal definition of "abortion" for criminal purposes.

Why is this important

Tennessee has some of the nation's strictest abortion laws, and this clarification addresses concerns that broad statutory language could be interpreted to restrict access to birth control or fertility services. The bill provides legal certainty for patients seeking contraception and for healthcare providers offering these services without fear of criminal liability.

Potential points of contention

  • Defining "generally intended" prevention: The bill's language about contraceptives "generally intended for use in the prevention of pregnancy" could create interpretive disputes over which medications and devices qualify, particularly for drugs with multiple uses
  • Implicit acknowledgment of abortion restrictions: The need for this clarification suggests the underlying abortion statute is broad enough to be concerning to lawmakers and advocates, raising questions about what other healthcare practices might be affected
  • Fertility treatment implications: While the bill protects embryo disposal, it doesn't address other contested fertility issues like embryo creation limits or genetic testing, potentially leaving gaps in legal protection for reproductive services

Compiled from official sources — confirm details with the bill’s official record.

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