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2026 · Abortion
Bill raises penalties against out-of-state abortion-drug distributors.
HB 0005 / SB 0419
Bill description
Impose $5,000,000 strict liability for wrongful death caused by sending abortion-inducing drugs into Tennessee, exempting pharmacists, physicians, and carriers.
AN ACT to amend Tennessee Code Annotated, Section 29-39-102, relative to civil damage awards.
Bill sponsors
House co-sponsors · 35
William Lamberth R, Mary Littleton R, Chris Todd R, Kelly Keisling R, Rick Eldridge R, Clay Doggett R, Rebecca Alexander R, Elaine Davis R, Jake McCalmon R, Kip Capley R, Tim Rudd R, Michele Reneau R, Susan Lynn R, Bud Hulsey R, William Slater R, Kirk Haston R, John Crawford R, Debra Moody R, Kevin Raper R, Ed Butler R, Timothy Hill R, Tom Leatherwood R, Aron Maberry R, Monty Fritts R, David Hawk R, Greg Martin R, Tim Hicks R, Mark Cochran R, Lee Reeves R, Bryan Terry R, Jay Reedy R, Dennis Powers R, Rusty Grills R, Renea Jones R, Dan Howell R
Senate co-sponsors · 8
Janice Bowling R, Todd Gardenhire R, Mark Pody R, Paul Rose R, Jessie Seal R, John Stevens R, Bobby Harshbarger R, Dawn White R
TLRC statement
Bill Update: House Judiciary Amendment No. 1 to HB0005 will strike a heavy blow against the out-of-state abortion industry. Health Committee Amendment No. 2 to HB0005 protects out-of-state abortionists and does NOTHING to stop abortion pills from continuing to flow into Tennessee.
HB 0005 proposes to amend Tennessee law regarding the limits on noneconomic damage awards in civil lawsuits, with particular relevance for cases involving chemical abortions. Under current statute, plaintiffs who have suffered injury, including from the use or administration of chemical abortion drugs, may recover up to $750,000 in noneconomic damages, such as pain and suffering or emotional distress. In more severe cases where the injury is deemed catastrophic, this cap rises to $1 million. The bill would double these limits, allowing injured parties to seek up to $1.5 million, or $2 million in catastrophic instances, as outlined in Sections 1, 2, 3, and 4 of the proposed amendments.
This change would directly affect individuals who experience harm as a result of chemical abortions, including women who suffer physical or psychological injuries from such procedures. Health care providers, clinics, and manufacturers involved in the provision or distribution of chemical abortion drugs could also face increased liability exposure, as a result of the higher potential damages that could be awarded in civil actions. The bill aligns with a conservative emphasis on accountability and the value of human life by ensuring that those harmed by medical interventions—including chemical abortions—have access to greater compensation for their suffering.
The implementation of these changes is set for July 1, 2025, and will apply to cases that accrue on or after that date, as specified in Section 5. This means that ongoing or future lawsuits involving injuries from chemical abortion drugs would be subject to the new, higher limits on noneconomic damages. By increasing the potential financial consequences for parties found liable, the bill introduces a stricter standard of responsibility for those facilitating chemical abortions, which may encourage greater caution and oversight within the medical community.