Another Tennessee legislative session concluded earlier this year with numerous new bills passed into law. One could have a significant impact on Tennessee healthcare providers. The new Tennessee Code Annotated Section 63-1-173(b), which went into effect on July 1, 2024, prohibits any governmental entity, healthcare provider, or any other person from treating, diagnosing, prescribing for, or counseling a minor without first obtaining the consent of a parent of that minor. Although this is often standard procedure, there are situations where conscientious professionals may be inclined to render medical assistance without first obtaining parental consent. Providers should proceed with caution.

A violation of the new prohibition can have severe consequences, including suspension or revocation of a healthcare provider’s license. Violations of the new law are also grounds for a civil lawsuit by a parent of the minor child for compensatory damages, attorneys’ fees, costs, and “other appropriate relief.” Moreover, the law requires the court in any civil action, upon a finding of a knowing violation of the statute, to report the violation to the appropriate state agency and the Tennessee Attorney General and Reporter.

There are exceptions. First, and most importantly, the law does not supersede other “statutory law, case law, or court order” authorizing such treatment. For example, Tennessee Code Annotated Section 68-10-104(c) authorizes physicians to “examine, diagnose, and treat minors infected with STDs [sexually transmitted diseases] without the knowledge or consent of the parents of the minors,” such diagnosis and treatment obviously being critical to public health. Second, Section 63-1-173(c) itself includes some exemptions for healthcare providers from the restrictions of the new law if there is, among other things, (1) blanket parental consent that has already been provided; (2) reasonable reliance on authorization from someone representing they are a parent or have parental rights relating to the child; and (3) a need for emergency treatment.

Section 63-1-173(b)’s restrictions are broad in scope. Healthcare providers should be aware of the new law and consult with counsel if there is any question as to whether any service that they provide could be subject to this prohibition without falling under an established exception.

We continue to monitor developments in the healthcare space. Contact the lawyers in our Government Compliance & Investigations or Healthcare groups with any questions or concerns.

Eric Osborne is a litigator and a member of the firm specializing in commercial litigation and white collar litigation. Member Chris Sabis is a healthcare and procurement fraud lawyer and member of the firm specializing in government compliance & investigations, healthcare, litigation, and alternative dispute resolution.

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