Tennessee Code Title 63. Professions of the Healing Arts § 63-1-903

Current as of January 02, 2024 | Updated by Findlaw Staff

(a)(1) A healthcare provider must not be required to participate in or pay for a healthcare procedure, treatment, or service that violates the conscience of the healthcare provider.

(2) The right described in subdivision (a)(1):

(A) Is limited to a particular healthcare procedure, treatment, or service, and does not waive or modify any duty a healthcare provider may have to provide or pay for healthcare procedures, treatments, or services that do not violate the healthcare provider's conscience; and

(B) Does not permit a healthcare payer to decline payment for a healthcare procedure, treatment, or service it is contractually obligated to pay for under the terms of a contract with an insured party.

(b) The exercise of the right described in subsection (a) must not be used against a healthcare provider that exercises such right as the basis for:

(1) A civil cause of action;

(2) A criminal prosecution; or

(3) Discriminatory action.

(1) Procedures, treatments, or services governed by federal law, including the Emergency Medical Treatment and Active Labor Act (EMTALA), (42 U.S.C. § 1395dd);

(2) The right of a religious healthcare provider to make employment, staffing, contracting, administrative, and admitting privilege decisions consistent with its religious beliefs if it holds itself out to the public as religious and has internal operating policies or procedures that implement its religious purpose or mission; or

(3) A healthcare professional or healthcare institution when performing healthcare procedures, treatments, or services for an individual who is in imminent danger of harming themselves or others.

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Cite this article: FindLaw.com - Tennessee Code Title 63. Professions of the Healing Arts § 63-1-903 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-63-professions-of-the-healing-arts/tn-code-sect-63-1-903/

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