Lawmakers advanced a controversial measure on Tuesday that would criminalize helping pregnant minors procure an abortion within or across state lines without parental consent— an act the bill refers to as “abortion trafficking.”

As introduced, SB1971/HB1895 sponsored by Sen. Paul Rose (R-Covington) and Rep. Jason Zachary (R-Knoxville) would establish a new Class C felony for an adult that "recruits, harbors, or transports" a pregnant unemancipated minor for purposes of receiving an abortion or obtaining abortion medication— a conviction which carries a three to fifteen year prison sentence and a $10,000 fine. The bill does not apply to the parents or legal guardians of the pregnant minor.

Under the proposal, parents would have a civil right of action against an adult convicted of abortion trafficking of a minor. The biological father of the pregnant minor could also sue unless the pregnancy resulted from his rape or incest. The bill does not include any exemption if the minor’s pregnancy was caused by incest or rape, nor does it provide protection for adults who assist a pregnant minor who faced abuse or neglect by their parent or guardian.

As filed, the legislation was unclear as to its impact on the practice of medicine; however, many lawyers believed that it could be interpreted to apply to physician-patient encounters, thereby exposing doctors to criminal and civil liability for advising minor patients about reproductive health options. To help mitigate potential criminal and civil exposure for physicians, TMA offered the sponsor an amendment to make it clear that a medical diagnosis or consultation regarding pregnancy care does not constitute abortion trafficking of a minor.

While similar proposals have been introduced in states like Missouri and Oklahoma, the constitutionality is suspect. So far, Idaho is the only state to have enacted such a law, but a federal judge blocked its implementation last year after reproductive rights groups sued to challenge it.

Despite lingering legal questions the bill passed out of the House Population Health Subcommittee with only the two Democratic lawmakers objecting. It now moves to the full House Health Committee where it is set to be taken up next Wednesday.

FOREIGN MEDICAL GRADUATES

A bill seeking to clean up legislation passed in 2023 related to licensure of foreign medical graduates (FMGs) passed out of the House Health Subcommittee on Tuesday.

SB2850/HB2900 sponsored by Sen. Kerry Roberts (R-Springfield) and Rep. Sabi Kumar, MD (R-Springfield) clarifies how a two-year temporary license for FMGs is calculated for purposes of satisfying prerequisite requirements for a full license. As originally enacted, the law might have allowed a provisional licensee to practice medicine with an employer for less than the required two years before being granted a full and unrestricted license, thereby raising concerns about lowering the standard for medical licensure. For example, under the current law if a FMG was granted a temporary license in March but did not begin employment until July 1, the timeframe for the provisional license would commence on March 1.

The newly filed legislation would resolve this discrepancy to ensure temporary licensees must be engaged in two years of supervised practice at an employer with an approved ACGME post-graduate training program in order to qualify for full license through this pathway. In the example cited above, the timeframe does not start until July 1 when the FMG begins employment.

While the proposal resolves some of TMA’s concerns with the original legislation, the Board of Medical Examiners has yet to promulgate rules to effectuate its implementation. Given that the 2023 law goes into effect on July 1, TMA’s government affairs staff will closely monitor its progress as it moves through the legislative and rule-making process.