Civil action for injuries arising from identity altering medical procedures

Tenn. Code Ann. § 29-26-114, under General Provisions.

Tenn. Code Ann. § 29-26-114

(a) As used in this section:(1) “Coercion” means the same as defined in § 39-11-106;(2) “Healthcare professional” means an individual, establishment, or facility licensed, registered, certified, or permitted to provide health care to individuals in this state pursuant to title 63 or 68 and under the regulatory authority of:(A) The department of health;(B) An agency, board, council, or committee attached to the department of health; or(C) The health facilities commission;(3) “Medical procedure”:(A) Means:(i) Surgically removing, modifying, altering, or entering into tissues, cavities, or organs of a human being; or(ii) Prescribing, administering, or dispensing any puberty blocker or hormone to a human being; and(B) Does not include therapies to treat a minor's congenital defect, precocious puberty, disease, or physical injury;(4) “Minor” means an individual under eighteen (18) years of age;(5) “Person” means an individual eighteen (18) years of age or older; and(6) “Sex” means a person's immutable characteristics of the reproductive system that define the individual as male or female, as determined by anatomy and genetics existing at the time of birth.

(1) “Coercion” means the same as defined in § 39-11-106;

(2) “Healthcare professional” means an individual, establishment, or facility licensed, registered, certified, or permitted to provide health care to individuals in this state pursuant to title 63 or 68 and under the regulatory authority of:(A) The department of health;(B) An agency, board, council, or committee attached to the department of health; or(C) The health facilities commission;

(A) The department of health;

(B) An agency, board, council, or committee attached to the department of health; or

(C) The health facilities commission;

(3) “Medical procedure”:(A) Means:(i) Surgically removing, modifying, altering, or entering into tissues, cavities, or organs of a human being; or(ii) Prescribing, administering, or dispensing any puberty blocker or hormone to a human being; and(B) Does not include therapies to treat a minor's congenital defect, precocious puberty, disease, or physical injury;

(A) Means:(i) Surgically removing, modifying, altering, or entering into tissues, cavities, or organs of a human being; or(ii) Prescribing, administering, or dispensing any puberty blocker or hormone to a human being; and

(i) Surgically removing, modifying, altering, or entering into tissues, cavities, or organs of a human being; or

(ii) Prescribing, administering, or dispensing any puberty blocker or hormone to a human being; and

(B) Does not include therapies to treat a minor's congenital defect, precocious puberty, disease, or physical injury;

(4) “Minor” means an individual under eighteen (18) years of age;

(5) “Person” means an individual eighteen (18) years of age or older; and

(6) “Sex” means a person's immutable characteristics of the reproductive system that define the individual as male or female, as determined by anatomy and genetics existing at the time of birth.

(b) A person may bring a civil action to recover compensatory damages, punitive damages, and reasonable attorney fees, court costs, and expenses against a healthcare professional for an injury that is a result of a medical procedure, if:(1) The medical procedure was for the purpose of enabling the person to identify with, or live as, a purported identity inconsistent with the person's sex or treating purported discomfort or distress from a discordance between the person's sex and asserted identity; and(2) The person consented, or if the person was a minor at the time of the medical procedure, the person's parent, guardian, or legal representative consented, in whole or in part, due to an act of coercion by the healthcare professional.

(1) The medical procedure was for the purpose of enabling the person to identify with, or live as, a purported identity inconsistent with the person's sex or treating purported discomfort or distress from a discordance between the person's sex and asserted identity; and

(2) The person consented, or if the person was a minor at the time of the medical procedure, the person's parent, guardian, or legal representative consented, in whole or in part, due to an act of coercion by the healthcare professional.

(c) A civil action brought pursuant to subsection (b) must be brought, notwithstanding §§ 28-3-104 and 29-26-116, no later than eighteen (18) years after the later of:(1) The date the medical procedure occurred; or(2) If the medical procedure occurs on or after April 23, 2026, then notwithstanding §§ 28-3-104 and 29-26-116, an action commenced under this section must be brought:(A) Within thirty (30) years from the date the minor reaches eighteen (18) years of age; or(B) Within ten (10) years of the minor's death if the minor dies.

(1) The date the medical procedure occurred; or

(2) If the medical procedure occurs on or after April 23, 2026, then notwithstanding §§ 28-3-104 and 29-26-116, an action commenced under this section must be brought:(A) Within thirty (30) years from the date the minor reaches eighteen (18) years of age; or(B) Within ten (10) years of the minor's death if the minor dies.

(A) Within thirty (30) years from the date the minor reaches eighteen (18) years of age; or

(B) Within ten (10) years of the minor's death if the minor dies.