§ 39-15-212 — Viability determination

(a) Except in a medical emergency that prevents compliance with this subsection (a), no physician shall perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman after the beginning of the twentieth week of pregnancy, as measured by gestational age, unless, prior to the performance or inducement of the abortion, or the attempt to perform or induce the abortion, the physician determines, in the physician's good faith medical judgment, that the unborn child is not viable. In making the good faith medical determination, the physician shall perform a medical examination of the pregnant woman and assess gestational age, weight, bi-parietal diameter, and other factors that the physician in the physician's good faith medical judgement would consider in determining whether an unborn child is viable. (b) Except in a medical emergency that prevents compliance with this subsection (b), no physician shall perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman after the beginning of her twentieth week of pregnancy (as measured by gestational age), without first entering the determination made in subsection (a) and the associated findings of the medical examination and assessment described in subsection (a) in the medical record of the pregnant woman. (c) A violation of subsection (a) or (b) is a Class A misdemeanor. (d) The appropriate licensing authority shall suspend, for a period of not less than six (6) months, the medical license of a physician who violates subsection (a) or (b).

Legislative History

Added by 2017 Tenn. Acts, ch. 353,s 3, eff. 7/1/2017.