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SB 860

Anatomical Gifts - As introduced, creates a process by which an individual or terminal patient can refuse to make an anatomical gift that cannot be amended by another person; requires a procurement organization to follow certain procedures for contacting a decedent's family member or other authorized person. - Amends TCA Title 63 and Title 68.

114th Regular Session (2025-2026) Introduced by Ferrell Haile

Allows individuals to refuse anatomical gifts in writing or oral statement for terminal patients; if refused, no gift can be made or amended.

Assigned to General Subcommittee of Senate Health and Welfare Committee
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Bill Summary · SB 860

Summary: SB 860 (HB 1046) — Anatomical Gifts (Tennessee)

Jurisdiction: Tennessee | Session: 114 | Introduced: 2025

Purpose and Intent

SB 860 establishes a formal framework governing individuals’ and terminal patients’ ability to refuse an anatomical gift and sets clear procedures for when and how procurement organizations may contact authorized decision-makers after a decedent’s death. The bill aims to protect an individual’s or decedent’s asserted refusal and to regulate contact timelines and oversight to ensure compliance.

Key Provisions

Refusal of Anatomical Gifts (Section 68-30-107, amended)

  • An individual may refuse an anatomical gift by:
    • A written document signed in the same manner as a traditional gift document, or
    • Another writing used to identify the individual as refusing the gift.
  • A terminal patient may refuse an anatomical gift by oral statement or another form of communication.
  • If a refusal is made, the signed writing or oral attestation bars others from making or amending an anatomical gift for the individual or terminal patient.

Posthumous Refusal and Contact Rules (Section 68-30-107; alignment with 68-30-109)

  • If a decedent refused:
    • A procurement organization must not contact a person listed under § 68-30-109.
    • The decedent’s remains must be released immediately to the funeral home authorized by the next of kin.
  • If a decedent did not refuse:
    • A person listed under § 68-30-109 may be contacted within six hours after cessation of the decedent’s heartbeat to discuss or amend an anatomical gift, provided other conditions do not bar them.
    • If initial contact is not made within six hours, remains must be released to the authorized funeral home.

Penalties and Complaints (Section 68-30-107(f))

  • Violations may be reported to the Department of Health or appropriate licensing boards.
  • If the department/board determines three or more violations by a party, a civil penalty of $500 applies to each violation beyond the third.

Subsection Addition (Section 68-30-109)

  • A person listed under § 68-30-109 shall not make an anatomical gift if the decedent had a documented refusal (per § 68-30-107(a)).

Affected Parties and Roles

  • Individuals and terminal patients: rights to refuse anatomical gifts.
  • Decedents: clearer evidentiary basis for refusals and limitations on post-mortem gifts.
  • Procurement organizations: must follow the specified procedures for contacting authorized individuals and for release of remains.
  • Funeral homes: granted authority to receive remains when required by timing provisions.
  • Authorized decision-makers (as identified in § 68-30-109): eligible to make or amend gifts within the six-hour window, subject to an absence of a prior refusal.
  • Department of Health and licensing boards: enforcement and penalties for non-compliance.

Timelines and Procedural Notes

  • Six-hour window: Procurement organizations may contact an authorized person within six hours after the decedent’s heartbeat ceases, if no prior refusal is on file.
  • Immediate release: If a decedent refused or if no timely contact is made, remains must be released to the funeral home chosen by the next of kin.
  • Penalty timeline: Violations are counted cumulatively; upon the third violation and for subsequent violations, a $500 civil penalty is assessed per violation.

Fiscal Impact

  • The fiscal note indicates a NOT SIGNIFICANT impact on state or local government resources.
  • No expected major changes to Department of Health or related boards’ policies; civil penalties are modest at $500 per violation after the third offense.

Effective Date

  • July 1, 2025

Summary Table (Highlights)

  • Refusal method: written or confirmed oral statement for terminal patients.
  • Prohibition: cannot amend or make a gift after a documented refusal.
  • Contact timing: six-hour window to contact authorized decision-makers if no prior refusal.
  • Immediate release: required if refusal is on record or if no timely contact occurs.
  • Penalties: $500 for each violation after the third violation, per the enforcing body.
  • Oversight: DOH and licensing boards administer complaints and enforcement.

Compiled from official sources — confirm details with the bill’s official record.

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