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SB 1681

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 London Lamar

Tennessee law requires hospitals to screen and stabilize pregnant patients before emergency transfer, with penalties for noncompliance.

Enrolled and ready for signatures
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Bill Summary · SB 1681

Legislative bill overview

SB 1681 mandates that hospital emergency departments must provide appropriate medical screening examinations to pregnant women presenting with 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

Emergency care access for pregnant women is a critical health issue, particularly given variations in how hospitals interpret federal EMTALA requirements and recent national debates about emergency obstetric care. The bill directly addresses potential gaps where pregnant patients might be denied initial screening or transferred prematurely, with enforcement mechanisms to ensure compliance.

Potential points of contention

  • Scope and clarity: The phrase "appropriate medical screening examination" may be interpreted differently by hospitals and regulators, potentially creating disputes over whether examinations met statutory requirements
  • Transfer restrictions: Requiring physician recommendation before transfer could conflict with hospital protocols or patient autonomy in cases where pregnant patients might prefer or request transfer to different facilities
  • Liability and enforcement: Unclear what "penalties and licensing sanctions" entail and how aggressively they will be enforced, which affects whether this is primarily symbolic or has teeth

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

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