Tennessee House approves bill to codify access to fertility treatment and contraceptives

The Tennessee House on Friday passed Senate Bill 449, known on the floor as the Fertility Treatment and Contraceptive Protection Act, voting 54 in favor, 37 opposed and 8 present but not voting after several hours of debate.

The bill, carried in the House by Chair Lee Rutter, would codify “a right to engage in activities associated with fertility treatment and contraceptives” and recognizes providers’ right to offer such treatments. Sponsor Chair Lee Rutter told colleagues the measure “does not mandate coverage nor impact regulations.”

Supporters framed the bill as protecting access that exists now. “All this bill seeks to do is to codify into law that women will have access to IVF and contraceptives in Tennessee,” Chair Lee Rutter said. Representative Spiecki, who briefly withdrew an amendment, told members the measure aims to ensure continued availability of assisted reproductive technologies and contraceptives for Tennessee families.

Opponents argued the bill was either unnecessary or premature and could hamper future regulation. Representative Garrett, who described his family experience with fertility treatment, said the topic “is worthy of the discussion that you bring up in your amendment” but warned the House should not short-circuit the committee process by deciding these issues on the floor. Representative Todd said the bill is “a solution in search of a problem with serious negative consequences.”

The session on the bill included multiple floor amendments. Representative Balsow offered an amendment (House amendment 2) that sought to reaffirm state code definitions treating an embryo as an unborn child in certain sections of Tennessee code and to clarify the bill would not prohibit fertility treatment; that amendment was tabled by the House after a motion to table succeeded. Another amendment (adopted as House amendment 4) froze the bill’s definition tied to federal terms as of July 1, 2025.

The measure drew particular attention to language defining “contraception” and “emergency contraceptive.” Representative Barrett asked whether the definition includes what she called “the morning after pill.” Chair Lee Rutter confirmed the bill’s definition includes Plan B as an example of an emergency contraceptive.

Several members said they supported the sponsor’s intent to protect access but wanted more time for committee review. Representative Bozzo and others urged the body to resolve questions about statutory consistency—concerns that some members said could be addressed through committee work or in future sessions.

With the final vote, the House declared the bill passed by the constitutional majority. The bill’s proponents said it preserves current access while opponents criticized timing and certain expansive language.

The discussion combined technical statutory arguments (several members cited Tennessee code sections addressing definitions of unborn children and embryos) and testimony about families’ real-world experiences with assisted reproduction.