Bill allowing lawsuits against abortion drug suppliers passes TN House

NASHVILLE — A bill allowing lawsuits to be brought against out-of-state suppliers of abortion drugs passed the Tennessee House of Representatives. The bill creates an additional civil cause of action against those who mail abortion drugs from outside Tennessee which result in the termination of a pregnancy. Those found liable would be subject to statutory damages of $1,000,000. The bill passed Thursday in a 71-23 vote, with two Republicans joining Democrats in opposition. It will head back to the Senate for a final vote. The House bill has more than 30 cosponsors, including local state Reps. Renea Jones, R-Unicoi; Rebecca Alexander, R-Jonesborough; Timothy Hill, R-Blountville; Tim Hicks, R-Gray; John Crawford, R-Kingsport, and Bud Hulsey, R-Kingsport. In 2022, the Tennessee General Assembly passed legislation creating a Class E felony for sending abortion drugs into the state. However, the bill's sponsor, state Rep. Gino Bulso, R-Brentwood, said abortion pills are still being crossing state lines. "We are, and remain, probably the most pro-life state in the country," Bulso said. "But our work is not finished." An original version of the bill specified the drugs — mifepristone or misoprostol — that would be subject to the legislation. The version which passed the House, however, contained a more general provision covering all "abortion-inducing" drugs. During the bill's journey through the House, Bulso fended off concerns from fellow Republicans that his bill would create a monetary incentive for people to have abortions using out-of-state pills. Bulso said the purpose of the legislation was to preemptively deter those who are sending the drugs, not to compensate those who have used them to perform abortions. "Our hope, and our expectation, is that no one will ever have to bring a wrongful death action on behalf of an unborn child killed with out-of-state abortion pills," Bulso said. The bill does not apply to pharmacists, physicians or delivery drivers. A vote was called on the House floor before opposing views could be heard. During the House Health Committee, state Rep. John Ray Clemmons, D-Nashville, expressed concerns over the enforceability of the statute. "Doctors in the medical community have no way to even test for [these drugs]," said Clemmons, an attorney by profession. "At the end of the day, this just seems to be an unworkable model that is inherently flawed." Bulso, also an attorney, said that though the case would be difficult to try, it would still act as a deterrent.