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Committee delays decision on bill clarifying emergency‑room treatment obligations for pregnant patients

Tennessee House Population Health Subcommittee · March 3, 2026
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Summary

Representative Love’s HB1943, which would require ERs to make their best effort to treat or transfer pregnant patients and include liability protections for clinicians acting in good faith, was rolled one week after members asked for clarifying language and legal staff identified overlapping amendments.

Representative Love presented HB1943, a bill that states emergency rooms are not permitted to deny treatment to pregnant women under specified circumstances and instructs hospitals to transfer patients when they cannot provide appropriate care. The measure includes an amendment clarifying capacity considerations and a separate amendment protecting clinicians from civil or licensure penalties when they act in good faith and exercise reasonable clinical judgment.

Committee members raised questions about whether EMTALA (the federal Emergency Medical Treatment and Active Labor Act) already covers these obligations and whether a separate state law could create confusion. Legal services advised the committee that adopted amendments had overlapping language; the committee agreed to roll the bill for one week to allow sponsor amendments addressing members’ concerns.

Representative Love said the bill is intended to prevent cases where pregnant patients were denied treatment; he cited a news report of a Jonesboro incident. Committee members agreed on the goal of ensuring emergent care for pregnant patients but asked for language to avoid unintended consequences or conflicts with federal EMTALA requirements.