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House adopts Medical Ethics Defense Act protecting conscience and free-speech claims by health workers; opponents voice concerns about discrimination
Summary
The House passed legislation shielding health-care providers who refuse to provide or participate in certain procedures on conscience grounds and offering whistleblower protections, prompting questions about patient protections and possible misuse.
The Tennessee House on April 8 adopted a bill described by its sponsor as the Medical Ethics Defense Act, which provides conscience protections and certain free-speech safeguards for health-care providers.
Chairman Terry, presenting the measure, told the chamber the bill "has three protections": conscience protection for providers who decline to participate in procedures that violate their conscience; whistleblower protection; and a limit on government actions against providers for their speech unless there is clear and convincing evidence of direct patient harm. "The bill does nothing to this bill has nothing to do with objecting to care based on someone's race, color, *** religion, or nation of origin," Terry said on the floor, adding the legislation excludes situations governed by federal law such as EMTALA and does not allow refusal when a patient is in imminent danger.
Supporters described the bill as filling a gap to protect clinicians' moral and speech rights. Chairman Kumar called the measure "critically needed." Opponents raised concerns it could be used to justify denial of care or could mask discriminatory conduct. Representative Hardaway said he had witnessed a nurse refuse service to a Black patient and said he would oppose the bill to avoid creating a vehicle for racism in health care. Other members asked whether patients would be notified in advance about practitioners' objections; the sponsor said the bill did not directly require such notice on the House floor.
The House adopted committee amendment number 1 and later recorded the vote; the clerk reported 71 votes in favor and 24 opposed. The speaker declared the bill passed.
The bill includes an explicit exclusion for federal requirements, says it does not alter coverage obligations of payers that are contractually required to reimburse, and states it does not apply in cases of imminent danger. Lawmakers on both sides said stakeholders and implementation issues would be addressed going forward.
