Abortion - As enacted, enacts the "Life Defense Act of 2012," which requires that physicians performing abortions have admitting privileges in hospital within certain area of where abortion performed. - Amends TCA Title 37, Chapter 10, Part 3; Title 39, Chapter 15, Part 2 and Title 68.
Companion bill has been assigned Public Chapter Number 1008 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB3323Date
    Comp. became Pub. Ch. 100805/15/2012
    Am. 2 tabled 04/24/2012
    Am. withdrawn.(Amendment 1 - SA1221)04/24/2012
    Comp. HB Subst (sends SB to dead bill file)04/24/2012
    Sponsor(s) Added.04/23/2012
    Placed on Senate Regular Calendar cal. for 4/24/201204/23/2012
    S. Reset on cal. for 4/24/201204/23/2012
    Placed on Senate Regular Calendar cal. for 4/23/201204/20/2012
    Sponsor(s) Added.04/19/2012
    S. Reset on cal. for 4/23/201204/19/2012
    Placed on Senate Regular Calendar cal. for 4/19/201204/17/2012
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 8, Nays 1 PNV 004/11/2012
    Placed on S. Jud Comm. cal. for 4/11/201204/11/2012
    Action Def. in S. Jud Comm. to 4/11/201204/10/2012
    Placed on S. Jud Comm. cal. for 4/10/201204/04/2012
    P2C, ref. to S. Jud Comm.02/01/2012
    Intro., P1C.01/30/2012
    Filed for intro.01/26/2012
    Actions For HB3808Date
    Pub. Ch. 1008 05/15/2012
    Effective date(s) 07/01/1205/15/2012
    Signed by Governor.05/10/2012
    Transmitted to Governor for his action.05/02/2012
    Signed by S. Speaker05/01/2012
    Signed by H. Speaker04/30/2012
    Enrolled; ready for sig. of H. Speaker.04/30/2012
    Passed S.. Ayes 28, Nays 504/24/2012
    S. Subst. HB for comp. SB.04/24/2012
    Rcvd. from H., P1C.04/02/2012
    Engrossed; ready for transmission to Sen.03/29/2012
    Passed H., as am., Ayes 72, Nays 24 03/29/2012
    Am. withdrawn.(Amendment 2 - HA1063)03/29/2012
    H. adopted am.(Amendment 1 of 0 - HA0954)03/29/2012
    Sponsor(s) Added.03/29/2012
    H. Placed on Regular Calendar for 3/29/201203/27/2012
    Placed on cal. Calendar & Rules Committee for 3/27/201203/22/2012
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee03/21/2012
    Placed on cal. Health & Human Resources Committee for 3/21/201203/14/2012
    Action Def. in Health & Human Resources Committee to 3/21/201203/14/2012
    Placed on cal. Health & Human Resources Committee for 3/14/201203/07/2012
    Sponsor(s) Added.03/07/2012
    Rec. For Pass. by s/c ref. to Health & Human Resources Committee 03/06/2012
    Placed on s/c cal HHR Subcommittee for 3/6/201202/29/2012
    Assigned to s/c HHR Subcommittee 02/07/2012
    P2C, ref. to Health & Human Resources Committee 02/06/2012
    P1C.02/02/2012
    Intro.02/01/2012
    Filed for intro.02/01/2012
  • AmendmentsFiscal Memos
    SA1221Amendment 1-1 to SB3323Fiscal Memo for SA1221 (15277)  
    SA1296Amendment 2- to SB3323 
    AmendmentsFiscal Memos
    HA0954Amendment 1-1 to HB3808Fiscal Memo for HA0954 (15277)  
    HA1063Amendment 2- to HB3808 

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB3323

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    This bill:

    (1) Prohibits a physician from performing an abortion unless the physician has admitting privileges at a licensed hospital that is located in a county in which the abortion is performed or in a county adjacent to the county in which the abortion is performed. The physician must notify the patient of the location of the hospital at which the physician has privileges and where the patient may receive follow-up care by the physician if complications arise; and

    (2) Rewrites the present law requirement that a physician performing an abortion keep a record of each operation and make a report to the commissioner of health with respect thereto at the time and in the form as the commissioner may reasonably prescribe. Under this amendment , a report of each abortion performed must be made to the department of health on forms prescribed by the commissioner of health. The report forms will not identify the individual patient by name and must include the following information:
    (A) Identification of the physician who performed the abortion and the physician's office, clinic, hospital or other facility where the abortion was performed;
    (B) The county and state in which the woman resides;
    (C) The woman's age, race and marital status;
    (D) The number of prior pregnancies and prior abortions of the woman;
    (F) The gestational age in number of weeks of the unborn child at the time of the abortion;
    (G) The type of procedure performed or prescribed and the date of the abortion; and
    (H) Pre-existing medical conditions of the woman that would complicate pregnancy, if any, and, if known, any medical complication that resulted from the abortion itself.

    The reports must be completed by the facility where the abortion was performed, signed by the physician who performed the abortion and transmitted to the department of health within 15 days after each reporting month. The commissioner of health must prepare a comprehensive annual statistical report for the general assembly based upon the data gathered. Such report must not lead to the disclosure of the identity of any person filing a report or about whom a report is filed. The report will be available for public inspection and copying and posted on the department's web site. In addition to whatever other information the commissioner of health includes in the annual report, the commissioner must include the number of abortions performed in each county of the state and the number of facilities in each county, as well as aggregate statistics based on the data gathered, including, but not limited to, abortion rates by age and race. Reports filed pursuant to this provision will be confidential in nature and not be accessible to the public, except that disclosure may be made to law enforcement officials upon an order of court after application showing good cause therefore. The court may condition disclosure of the information upon any appropriate safeguards it may impose.

    Original copies of all reports filed under this provision will be available to the board of medical examiners and the board of osteopathic examination for use in the performance of their official duties. Any person who willfully discloses any information obtained from reports, other than that disclosure otherwise authorized by law, commits a misdemeanor. Any person required under this provision to file a report, keep any records or supply any information, who willfully fails to file such report, keep such records or supply such information at the time or times required by law or regulation is guilty of unprofessional conduct and the person's license for the practice of medicine and surgery will be subject to suspension or revocation.

    Any person who willfully delivers or discloses to the department of health any report, record or information known by the person to be false, commits a misdemeanor. In addition to the above penalties, any person, organization or facility who willfully violates the provisions requiring reporting will upon conviction thereof:

    (A) For the first time, have its license suspended by any appropriate licensing board for a period of six months;
    (B) For the second time, have its license suspended by any appropriate licensing board for a period of one year; and
    (C) For the third time, have its license revoked by any appropriate licensing board.

    ON MARCH 29, 2012, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 3808, AS AMENDED.

    AMENDMENT #1 removes the reporting requirements of this bill, as described above in (2) in the bill summary.

  • FiscalNote for SB3323/HB3808 filed under SB3323
  • House Floor and Committee Votes

    HB3808 by Hill - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 3/29/2012
    Passed
              Ayes...............................................72
              Noes...............................................24

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harmon, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller D, Montgomery, Niceley, Pitts, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Mr. Speaker Harwell, Mr. Speaker Williams K -- 72.
              Representatives voting no were: Armstrong, Brown, Camper, Cooper, DeBerry L, Fitzhugh, Fitzhugh, Gilmore, Hardaway, Jones S, Kernell, Miller L, Moore, Naifeh, Odom, Parkinson, Pruitt, Richardson, Sontany, Stewart, Tidwell, Tindell, Towns, Turner J, Turner M, Mr. Speaker Naifeh -- 24.

    HB3808 by Hill - FLOOR VOTE: PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 3/29/2012
    Passed
              Ayes...............................................65
              Noes...............................................30

              Representatives voting aye were: Alexander, Brooks K, Butt, Campbell, Casada, Casada, Cobb, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harmon, Harrison, Harwell, Hawk, Hawk, Haynes, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Tindell, Todd, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Mr. Speaker Harwell, Mr. Speaker Williams K -- 65.
              Representatives voting no were: Armstrong, Bass, Brown, Camper, Cooper, Curtiss, DeBerry J, DeBerry L, Fitzhugh, Fitzhugh, Gilmore, Hardaway, Hensley, Jones S, Kernell, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Mr. Speaker Naifeh -- 30.

              HB3808 by Hill - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 3/27/2012
              Voice Vote - Ayes Prevail

              HB3808 by Hill - HOUSE HEALTH COMMITTEE:
    Recommended for passage w/amendments- refer to: Calendar & Rules Committee 3/21/2012
              Voice Vote - Ayes Prevail Rep.(s) Armstrong, Odom, Turner M requested to be recorded as voting No

    HB3808 by Hill - HOUSE HEATH SUBCOMMITTEE:
    Recommended for passage - refer to: Health & Human Resources Committee 3/6/2012
    Passed
              Ayes................................................8
              Noes................................................5

              Representatives voting aye were: Casada, Casada, Evans, Halford, Harrison, Hensley, Hill, Ramsey, White -- 8.
              Representatives voting no were: Armstrong, Odom, Pruitt, Shepard, Turner M -- 5.

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB3808

    HB3808 by Hill - FLOOR VOTE: THIRD CONSIDERATION 4/24/2012
    Passed
              Ayes...............................................28
              Noes................................................5

              Senators voting aye were: Barnes, Beavers, Bell, Burks, Campfield, Crowe, Faulk, Finney L, Ford, Gresham, Henry, Herron, Johnson, Kelsey, Ketron, Massey, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Stewart, Summerville, Tate, Tracy, Watson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 28.
              Senators voting no were: Berke, Harper, Haynes, Kyle, Marrero -- 5.

    HB3808 by Hill - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AMEND# 2 BY Haynes 4/24/2012
    Passed
              Ayes...............................................19
              Noes...............................................11

              Senators voting aye were: Beavers, Bell, Campfield, Crowe, Gresham, Herron, Johnson, Kelsey, Ketron, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Summerville, Tracy, Watson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 19.
              Senators voting no were: Barnes, Berke, Burks, Finney L, Ford, Harper, Haynes, Kyle, Marrero, Massey, Stewart -- 11.

    SB3323 by Beavers - SENATE JUDICIARY COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 4/11/2012
    Passed
              Ayes................................................8
              Noes................................................1

              Senators voting aye were: Barnes, Beavers, Bell, Campfield, Ford, Kelsey, Overbey, Yager -- 8.
              Senators voting no were: Marrero -- 1.