Healthcare providers can deny care that conflicts with conscience under new Tennessee law
NASHVILLE, Tenn. (WKRN) — Governor Bill Lee signed into law the Medical Ethics Defense Act, which lets healthcare practitioners refuse to perform or pay for a procedure or prescription that goes against their personal morals, ethics, or religious beliefs.
The legislation, which applies to medical professionals, including doctors, nurses, pharmacists, and insurance companies, immediately went into effect with Gov. Lee's signature.
The House sponsor, Rep. Bryan Terry (R-Murfreesboro), a physician himself, told lawmakers the measure protects healthcare providers from 'moral injury,' which he said is contributing to the physician shortage in Tennessee.
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'Patients and providers have rights. Providers should not give up their rights to best serve their patients' [rights],' Rep. Terry said. 'Patients need to know that our doctors are advocating for them with a clear conscience.'
Dr. Jonathan Shaw, an OBGYN in TN, testified in the House Health Committee he was nearly forced out of his previous practice in the Northeast because he refused to announce his pronouns to his patients, a policy against his personal beliefs.
'I used the term 'conscientious objection' to describe my position on the practice of being forced to announce my own pronouns, but this was seen as a barrier to patient care. The ability to do my job was called into question, and human resources were consulted,' Dr. Shaw said. 'The implication was clear: conscience needs to be limited or consider an alternative career path. I decided to look for a job elsewhere.'
Dr. Shaw said he was drawn to TN because of the state's 'common-sense policies which preserve the freedom to be guided by conscience as a physician.'
However, Dr. Amy Gordon Bono, a TN primary care physician, argued the measure goes against the Hippocratic Oath, which requires doctors to prioritize their patients' well-being.
'When legislation is not patient-centered, it's morally compromised to begin with,' Dr. Bono said. 'Politicians need to stop dictating medical care, and this bill allows politicians to take their intrusive efforts even further to dictate medical conscience. In my opinion and the way I like to practice medicine is to honor the patient first. That's where my conscience lies.'
The conscience clause does not apply in emergency situations, or if an insurance provider is contractually obligated to cover the cost of a specific treatment.
However, some lawmakers expressed concern that a doctor could still use their beliefs to dictate the type of care they provide during emergency situations, including when it comes to abortions.
'We're not talking about an elective abortion. We're talking about a lady coming in, and this pregnancy puts her life in immediate danger,' Rep. Sam McKenzie (D-Knoxville) said.
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'There are doctors who practice medicine consistent with a pro-life worldview in which an abortion is never medically necessary, and there are procedures available to treat a woman in that kind of circumstance without having to perform an elective abortion,' said Erica Steinmiller-Perdomo, an attorney for Alliance Defending Freedom (ADF), an out-of-state interest group that backed the bill.
According to ADF, eight other states have similar conscience clause laws, which are rarely used and have never been challenged in court.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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