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SB 1425

Abortion - As introduced, defines the terms "serious risk of substantial and irreversible impairment of a major bodily function" and "lethal fetal anomaly"; specifies that a physician does not commit the offense of criminal abortion if, under certain circumstances, the physician performs or attempts to perform an abortion to address a lethal fetal anomaly or a premature delivery of an unborn child with a lethal fetal anomaly. - Amends TCA Title 4; Title 29; Title 33; Title 37; Title 39; Title 40; Title 53; Title 56; Title 62; Title 63; Title 68 and Title 71.

114th Regular Session (2025-2026) Introduced by Richard Briggs

The bill creates a medical exception to criminal abortion: in life-threatening or severely impairing cases, or for lethal fetal anomalies with two-physician concurrence and counsel

Assigned to General Subcommittee of Senate Judiciary Committee
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Bill Summary · SB 1425

Summary of Bill: SB 1425 / HB 1241 (Tennessee, 114th General Assembly)

Purpose and Intent

  • To amend Tennessee law related to abortion, clarifying definitions and creating a carve-out from the crime of criminal abortion for certain abortions performed to address a lethal fetal anomaly or to prevent serious health risks to the pregnant woman.
  • The bill specifies medical criteria and procedural steps to determine when an abortion could be performed without it constituting criminal abortion, and it requires patient counseling and written physician concurrence in certain cases.

Key Provisions

1) New Definitions

  • Lethal fetal anomaly: A fetal condition diagnosed before 24 weeks’ gestation that, in the physician’s reasonable medical judgment, is:
    • Incompatible with life outside the womb,
    • Will not improve with medical intervention, and
    • Will result in the death of the fetus at birth or imminently thereafter.
  • Serious risk of substantial and irreversible impairment of a major bodily function: Any medically diagnosed condition that would directly or indirectly cause substantial and irreversible impairment of a major bodily function during the pregnancy. Examples include preeclampsia, inevitable abortion, premature rupture of membranes, and may include diabetes or multiple sclerosis depending on circumstances. The provision explicitly excludes conditions related to the pregnant person’s mental health.

2) Exemption from Criminal Abortion (Section 39-15-213)

  • A licensed physician in a licensed hospital or ambulatory surgical treatment center may perform or attempt an abortion without it constituting criminal abortion if either of the following conditions is met:

A. Health-risk justification
- The physician determines, using reasonable medical judgment at the time, that the abortion is necessary to:
- Prevent the death of the pregnant woman, or
- Prevent a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.
- The abortion is performed in a manner that (based on reasonable medical judgment at the time) provides the best opportunity for the unborn child to survive, unless doing so would pose a greater risk of death to the woman or greater impairment risk.

B. Lethal fetal anomaly
- The physician determines, with written concurrence from two additional physicians, that the fetus has a lethal fetal anomaly, and records this concurrence in the patient’s medical record.
- The physician informs the pregnant woman, at diagnosis, both verbally and in writing, that perinatal hospice and perinatal palliative care services are available as an alternative to abortion.
- The physician may then perform or attempt to perform:
- An abortion to address the lethal fetal anomaly, or
- A premature delivery of the unborn child with a lethal fetal anomaly to avoid intrauterine demise or to mitigate health risks to the pregnant woman.

Affected Parties

  • Pregnant individuals seeking abortion services: The bill creates a recognized medical exception when facing a lethal fetal anomaly or certain health risks.
  • Physicians and medical facilities: Physicians must adhere to the defined criteria, obtain required written concurrence in lethal anomaly cases, and provide patient counseling on perinatal hospice/palliative care alternatives. Hospitals and ambulatory surgical centers are the contexts in which the exceptions apply.
  • Medical record-keeping and documentation: Requires written concurrence from two other physicians and documentation of counseling about alternatives.

Procedural and Timeline Aspects

  • Effective date: The act takes effect upon becoming law.
  • Process references: The bill modifies § 39-15-213(a) and related provisions to implement the exemptions.
  • Legislative status: As of the latest update, the bill has progressed through introduction, first and second readings, and referrals, with committee activity noted (Senate Judicial Committee hearings underway in March 2025).

Fiscal Impact

  • The fiscal note states a not significant impact on state or local government revenue or expenditures. The analysis assumes routine board rule-making can occur within existing meeting schedules and resources.

Practical Implications

  • Establishes a legally recognized exception to criminal abortion in two scenarios: (1) to prevent death or serious irreversible impairment of the pregnant woman’s health, and (2) to address a fetus with a lethal fetal anomaly, with required dual-physician written concurrence and patient counseling about palliative care alternatives.
  • Adds explicit definitions to guide clinical decision-making and ensure documentation standards are met.

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

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