The Tennessee State Senate passed Senate Bill (SB) 2031, which would make healthcare professionals liable for certain transgender medical procedures and treatments if “coercion” was used to obtain consent.
As passed by the State Senate in a 24-5 vote on Monday, the legislation, which was introduced by State Senator Adam Lowe (R-Calhoun), would allow patients to sue over treatments taken under “coercion,” which is defined under Tennessee law as threats to commit an offense, wrongfully accuse an individual, expose someone to hatred, contempt, or ridicule, harm an individual’s credit or reputation, or refuse to take action as a public servant.
The liability would apply only to medical treatments or surgeries performed after the bill becomes law, and it includes carveouts for congenital defects, precocious puberty, disease, or physical injury. Liability lasts for 18 years after a procedure is completed.
At the State House, lawmakers are preparing to vote on their version of the legislation, House Bill (HB) 1872, introduced by State Representative Jason Zachery (R-Knoxville), though it includes a much longer liability timeline. Under the State House version of the bill, those who receive transgender treatments or surgeries would be able to sue for up to 30 years after their 18th birthday.
Under HB 1872, family members of minors who die after receiving transgender treatments or surgeries are also able to sue for 10 years after their death.
The State House Judiciary Committee most recently advanced the bill on Monday by a 15-3 vote, and the Calendar and Rules Committee will now schedule HB 1872 for a full vote.
Should lawmakers approve the bill, the differences between the State House and State Senate versions will likely require conferencing between the two chambers before the legislation can be sent to Governor Bill Lee for a signature.
The legislation notably comes years after Tennessee Attorney General Jonathan Skrmetti requested medical billing records for transgender patients at Vanderbilt University Medical Center (VUMC) as part of an investigation into potential manipulation of medical billing codes by physicians to evade insurance limitations.
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Tom Pappert is a 2025 recipient of the Dao Prize and the lead reporter for The Tennessee Star. He also reports for the Star News Network. Follow Tom on X. Email tips to [email protected].
