Current through Acts 2023-2024, ch. 1069
Section 41-1-408 - Medical care - Prohibited treatments and procedures - Permissible treatments - Exclusions and grandfathering(a) The department of correction shall provide adequate medical care, including twenty-four-hour emergency care, at all prison facilities. The department may contract with the county health department or other appropriate entities to secure trained medical personnel.(b)(1) As used in this subsection (b): (A) "Hormone replacement therapy" means a medical approach that involves administering sex hormones and other hormonal medications with the primary goal of altering a person's physical appearance and sexual characteristics existing at the person's birth;(B) "Psychotropic medication" means medication used for antipsychotic, antidepressant, antimanic, antianxiety, behavioral modification, or behavioral management purposes, as listed in the Physician's Desk Reference (PDR), or where there is a body of peer-reviewed medical literature supporting its use; and(C) "Sex reassignment surgery" means a surgical procedure, or series of procedures, that alters a person's physical appearance and sexual characteristics existing at the person's birth.(2)(A) Notwithstanding this title to the contrary, the department of correction shall not use state funds: (i) To administer hormone replacement therapy to state inmates incarcerated in a state penitentiary or a county jail or workhouse. This subdivision (b)(2)(A)(i) does not apply to state inmates receiving hormone replacement therapy prior to the effective date of this act; or(ii) For sex reassignment surgery for state inmates incarcerated in a state penitentiary or a county jail or workhouse.(B) Subdivision (b)(2)(A) does not prohibit the department from administering psychotropic medication to state inmates incarcerated in a state penitentiary or a county jail or workhouse if deemed necessary by trained medical personnel provided in accordance with subsection (a).Amended by 2024 Tenn. Acts, ch. 821,s 1, eff. 4/29/2024.