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HJR 28

Constitutional Amendments - Proposes an amendment to Article I of the Constitution of Tennessee to grant a person the right to forgo medical treatment. -

114th Regular Session (2025-2026) Introduced by Gino Bulso

Tennessee constitutional amendment guarantees the right to refuse medical treatment, elevating bodily autonomy to constitutional status with uncertain emergency and public health exceptions.

Taken off notice for cal in s/c Finance, Ways and Means Subcommittee of Finance, Ways and Means Committee
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Bill Summary · HJR 28

Legislative bill overview

HJR 28 proposes a constitutional amendment to Tennessee's Article I that would explicitly guarantee individuals the right to refuse or forgo medical treatment. This would enshrine in the state constitution what many argue is already protected under common law and existing medical ethics principles (informed consent and bodily autonomy).

Why is this important

The amendment would elevate medical refusal rights to constitutional status, making them more difficult to override through legislation and providing stronger legal protection against compelled medical intervention. This has significant implications for end-of-life care, emergency medicine, vaccine mandates, and religious healthcare objections, as courts would need to apply heightened constitutional scrutiny to any laws restricting these rights.

Potential points of contention

  • Scope ambiguity: The bill's language doesn't clarify whether the right applies equally to minors (whose parents may decide differently), people deemed mentally incompetent, or situations involving infectious disease threats to public health
  • Emergency medicine conflicts: Tension between absolute refusal rights and emergency protocols where immediate treatment prevents death or permanent harm, especially for unconscious or incapacitated patients
  • Public health exceptions: Unclear how this interacts with state power to mandate vaccines or treatment during epidemics—a question that gained salience post-COVID and could invite litigation

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

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