Bill adding narrow exceptions for doctors performing abortions proceeds

BY HANNAH HERNER

In a state with one of the strictest abortion bans in the country, a bill establishing a limited carveout for doctors is on its way to the Senate floor.

SB0745 passed 8-1 in the Senate Judiciary Committee on Tuesday, after passing on the House floor Monday night. Clinicians like Amy Gordon Bono initially supported the bill, which allowed doctors to use their “good faith judgment” when treating a patient. Since February, amendments have been added to change its meaning.

During committee debate Tuesday, Republican legislators referred to SB0745 as a “compromise bill” to appease anti-abortion organization Tennessee Right to Life. The latest version of the bill lists ectopic pregnancy, a dead fetus and molar pregnancy as exceptions to Tennessee’s strict abortion ban. It also slashes the “good faith judgment” language, replacing it with “reasonable medical judgment” to prevent death of a pregnant patient or spare them from the irreversible, severe impairment of a major bodily function.

Under the current law, doctors are at risk of a felony charge for performing an abortion. They are protected only in part by an affirmative defense, under which they could prove in court that the abortion was performed to save the life of the patient. Physicians said it would have a chilling effect on the profession when Tennessee’s abortion ban took effect in August.

Cutting the affirmative defense clause is a step in the right direction, said Bono,