Hospitals and Health Care Facilities - As introduced, prohibits hospital emergency departments from denying an appropriate medical screening examination to a pregnant woman who presents at the emergency department reporting to be in active labor or experiencing an emergency medical condition; prohibits transferring the pregnant woman unless her condition has been stabilized; requires that a transfer be under certain conditions and only upon the recommendation of an examining physician or qualified medical professional; imposes penalties and licensing sanctions for violations. - Amends TCA Title 63 and Title 68.

114th Regular Session (2025-2026) Introduced by Harold Love

Tennessee bill requiring emergency departments to screen and stabilize pregnant women in labor before transfer, with hospital licensing penalties for violations.

Comp. SB subst.

#hospitalsandhealthcarefacilities

Legislative bill overview

HB 1943 requires Tennessee hospital emergency departments to provide appropriate medical screening examinations to pregnant women reporting active labor or emergency medical conditions, and prohibits transfer of these patients unless their condition is stabilized and a physician recommends transfer. The bill establishes penalties and licensing sanctions for hospitals that violate these requirements.

Why is this important

This bill directly addresses emergency obstetric care access, which affects maternal health outcomes and patient safety. It codifies protections that may already exist under federal law (EMTALA) but strengthens state-level enforcement and creates additional accountability mechanisms for hospitals through licensing sanctions.

Potential points of contention

Federal law overlap: The bill largely mirrors requirements already mandated by the federal Emergency Medical Treatment and Labor Act (EMTALA), raising questions about whether state-level duplication is necessary or if existing federal enforcement mechanisms are insufficient

Definition specificity: Terms like "appropriate medical screening examination" and "emergency medical condition" may lack precise clinical definitions, potentially creating liability disputes about what constitutes compliance

Rural hospital impact: Smaller or rural hospitals with limited obstetric capabilities may face operational challenges meeting transfer requirements and stabilization standards, potentially affecting their ability to serve pregnant patients

Penalty structure: The bill's licensing sanctions could have significant consequences for hospitals, which may incentivize defensive medicine or create barriers to emergency care if facilities become risk-averse