reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 29 - TENNESSEE MEDICAL LABORATORY ACT (§§ 68-29-101 — 68-29-139) › Section 68-29-139 - Clinical laboratory testing advisory board

(a)
As used in this section:
(1)
"Accountable care organization" or "ACO" means the term as defined by Section 3022 of the federal Patient Protection and Affordable Care Act (Pub. L. No. 111-148), as amended; and
(2)
"Clinical laboratory testing" means any test as defined under this section, or otherwise subject to Section 353 of the Public Health Service Act (
42 U.S.C. § 263a
).
(b)
An accountable care organization that provides diagnosis and treatment for patients in this state shall establish a clinical laboratory testing advisory board to consider and recommend guidelines or protocols for clinical laboratory testing.
(c)
(1)
The clinical laboratory testing advisory board may make recommendations to the ACO governance board for guidelines or protocol adoption for clinical laboratory testing used for diagnostic purposes, disease management, and pathologist consultation on episodes of care.
(2)
The ACO clinical laboratory testing advisory board may recommend guidelines or protocols for clinical laboratory testing to ensure appropriate use of testing.
(3)
The composition of an ACO clinical laboratory testing advisory board shall be determined by the ACO; provided, however, that the ACO clinical laboratory testing advisory board shall have at least one (1) physician who is a clinical laboratory director, as defined by Section 353 of the Public Health Service Act (
42 U.S.C. § 263a
).
(d)
Notwithstanding the requirement of this section to establish a clinical laboratory testing advisory board, nothing contained in this section shall be construed to require an ACO governance board to adopt a clinical laboratory testing guideline or protocol recommended by its clinical laboratory testing advisory board.
Added by 2016 Tenn. Acts, ch. 913, s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-101 - Short title

This part shall be known and may be cited as the "Revised Uniform Anatomical Gift Act."
Acts 2007, ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-103 - Applicability

This part applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
Acts 2007, ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-104 - Who may make anatomical gift before donor's death

An anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in §
68-30-105
by:
(1)
The donor, if the donor is an adult or if the donor is a minor and is:
(A)
Emancipated; or
(B)
Authorized under state law to apply for a driver license because the donor is at least fifteen (15) years of age;
(2)
An agent of the donor, unless the power of attorney for healthcare, advance directive or other record prohibits the agent from making an anatomical gift;
(3)
A parent of the donor, if the donor is an unemancipated minor; or
(4)
The donor's guardian.
Acts 2007 , ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-105 - Manner of making anatomical gift before donor's death

(a)
A donor may make an anatomical gift:
(1)
By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver license;
(2)
In a will, any living will, durable power of attorney for healthcare or other instrument, signed by the individual complying with living wills under title 32, chapter 11 with durable powers of attorney for health care under title 34, chapter 6, part 2, or advance directives under chapter 11, part 18 of this title;
(3)
During a terminal illness or injury of the donor, by any form of communication addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness; or
(4)
As provided in subsection (b).
(b)
A donor or other person authorized to make an anatomical gift under §
68-30-104
may make a gift by a donor card or other record signed by the donor or other person making the gift, or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall:
(1)
Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2)
State that it has been signed and witnessed as provided in subdivision (b)(1).
(c)
Revocation, suspension, expiration, or cancellation of a driver license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(d)
An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
Acts 2007 , ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-106 - Amendment or revocation of anatomical gift before donor's death

(a)
A donor may amend or revoke an anatomical gift, not made by will, by:
(1)
A signed statement;
(2)
An oral statement made in the presence of two (2) individuals;
(3)
Any form of communication by a terminal patient addressed to a physician; or
(4)
The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
(b)
A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a).
Acts 2007, ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-107 - Refusal to make anatomical gift - Effect of refusal

An individual may refuse to make an anatomical gift of the individual's body or part by a writing signed in the same manner as a document of gift or any other writing used to identify the individual as refusing to make an anatomical gift. A terminal patient may refuse to make an anatomical gift by oral statement or other form of communication.
Acts 2007, ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-108 - Preclusive effect of anatomical gift, amendment or revocation

(a)
Except as otherwise provided in this part, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body. An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor's death.
(b)
A donor's revocation of an anatomical gift of the donor's body or part under §
68-30-105
is not a refusal and does not bar another person specified in §
68-30-104
or §
68-30-109
from making an anatomical gift of the donor's body or part.
(c)
If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part, another person may not make, amend, or revoke the gift of the donor's body or part under §
68-30-109
.
(d)
A revocation of an anatomical gift of a donor's body or part by a person other than the donor does not bar another person from making an anatomical gift of the body or part under §
68-30-104
or §
68-30-109
.
(e)
In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under §
68-30-104
, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f)
If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
(g)
If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
Acts 2007 , ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-109 - Who may make anatomical gift of decedent's body or part

(a)
Subject to subsections (b) and (c), an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(1)
A guardian or conservator of the person of the decedent at the time of death, if the court order authorizes the guardian or conservator to make healthcare decisions;
(2)
An agent;
(3)
The spouse of the decedent;
(4)
Adult children of the decedent;
(5)
Parents of the decedent;
(6)
Adult siblings of the decedent;
(7)
Adult grandchildren of the decedent;
(8)
Grandparents of the decedent;
(9)
A surrogate identified pursuant to §
68-11-1806
;
(10)
An adult who exhibited special care and concern for the decedent; and
(11)
Any other person having the authority to dispose of the decedent's body.
(b)
If there is more than one (1) member of a class listed in subdivisions (a)(4), (a)(5), (a)(6), (a)(7) or (a)(8) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class, unless that member or a person to which the gift may pass under §
68-30-111
knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c)
A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.
Acts 2007 , ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-110 - Manner of making, amending or revoking anatomical gift of decedent's body or part

(a)
A person authorized to make an anatomical gift under §
68-30-109
may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b)
Subject to subsection (c), an anatomical gift by a person authorized under §
68-30-109
may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one (1) member of the prior class is reasonably available, the gift made by a person authorized under §
68-30-109
may be:
(1)
Amended only if a majority of the reasonably available members agree to the amending of the gift; or
(2)
Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(c)
A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
Acts 2007 , ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-112 - Search and notification

(a)
The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(1)
A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and
(2)
If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.
(b)
If a document of gift or a refusal to make an anatomical gift is located by the search required by subdivision (a)(1) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
(c)
A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section, but may be subject to administrative sanctions.
Acts 2007, ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-113 - Delivery of document of gift not required - Right to examine

(a)
A document of gift need not be delivered during the donor's lifetime to be effective.
(b)
Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under §
68-30-111
.
Acts 2007 , ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-115 - Immunity

A person who acts in accordance with this part or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
Acts 2007, ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-116 - Law governing validity - Choice of law as to execution of document of gift - Presumption of validity

(a)
A document of gift is valid if executed in accordance with:
(1)
This part;
(2)
The laws of the state or country where it was executed; or
(3)
The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(b)
If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
(c)
A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
Acts 2007, ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-117 - Effect of anatomical gift on advance healthcare directive

(a)
As used in this section, unless the context otherwise requires:
(1)
"Advanced healthcare directive" means a power of attorney for healthcare or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a healthcare decision for the prospective donor;
(2)
"Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor; and
(3)
"Healthcare decision" means any decision regarding the healthcare of the prospective donor.
(b)
If a prospective donor has a declaration or advance healthcare directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or, if the agent is not reasonably available, another person authorized by law other than this part to make healthcare decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under §
68-30-109
. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.
Acts 2007 , ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-118 - Uniformity of application and construction

In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Acts 2007, ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-119 - Relation to Electronic Signatures in Global and National Commerce Act

An electronic signature shall be valid as if written. This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (
15 U.S.C. § 7001
et seq.), but does not modify, limit or supersede § 101(a) of the Electronic Signatures in Global and National Commerce Act (
15 U.S.C. § 7001
), or authorize electronic delivery of any of the notices described in § 103(b) of the Electronic Signatures in Global and National Commerce Act (
15 U.S.C. § 7003(b)
).
Acts 2007 , ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 1 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 68-30-101 — 68-30-120) › Section 68-30-120 - Gift of entire body to medical school

Nothing contained in this part shall be construed to supersede or revoke, by implication or otherwise, any valid gift of the entire body to a medical school.
Acts 2007, ch. 428, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 3 - PITUITARY REMOVAL (§§ 68-30-301 — 68-30-303) › Section 68-30-301 - Authorization - Conditions

In the case of an autopsy performed by or under the authority of the chief medical examiner, county medical examiner or coroner having jurisdiction over the decedent's body, the medical examiner or coroner's physician may, for the purpose of medical research, education or therapy, remove and retain the pituitary gland at the time of autopsy in accordance with the following conditions:
(1)
The removal is performed in conjunction with an autopsy under such official's jurisdiction;
(2)
The removal will not impede or interfere with the investigation that gave rise to the autopsy, and will not significantly alter post mortem appearance; and
(3)
(A)
No objection to the removal of the pituitary gland was evidenced by the decedent prior to the decedent's death, nor was there objection on the part of the decedent's next of kin known to the official having jurisdiction over the autopsy.
(B)
As used in this part, "next of kin" includes, in order, the decedent's spouse; or if no competent spouse, the decedent's adult children; or if no competent spouse or adult children, the decedent's parents; or if no competent spouse, adult children, or parents, the decedent's brothers and sisters.
(C)
The decedent's next of kin shall be contacted by telephone or otherwise, and unless there is a specific objection from such kin, a telephone confirmation shall be consent within the requirements of this part.
Acts 1980, ch. 517, § 1; T.C.A., § 53-42-301.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 3 - PITUITARY REMOVAL (§§ 68-30-301 — 68-30-303) › Section 68-30-302 - Immunity from liability

The chief medical examiner, county medical examiner, judge, or coroner permitting such pituitary gland removal, and any donee or agency acquiring such organ, shall be immune from civil or criminal liability incurred as a result of the removal in accordance with this part, if no objection was made by next of kin prior to the autopsy to the official having jurisdiction over the autopsy.
Acts 1980, ch. 517, § 1; T.C.A., § 53-42-302.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 3 - PITUITARY REMOVAL (§§ 68-30-301 — 68-30-303) › Section 68-30-303 - Persons excluded

Persons professing a belief in or practicing the tenets of Christian Science shall be excluded from this part.
Acts 1980, ch. 517, § 1; T.C.A., § 53-42-303.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 4 - PROCUREMENT OF HUMAN EYES AND ORGANS (§§ 68-30-401 — 68-30-402) › Section 68-30-401 - Restrictions on procuring human organs for consideration and for human transplantation purposes

(a)
It is unlawful for any person to acquire, receive or otherwise transfer any human organ for valuable consideration and for use in human transplantation if the transfer affects commerce.
(b)
Any person, firm, board, corporation or association who violates subsection (a) commits a Class A misdemeanor.
Acts 1986, ch. 885, § 3; Acts 1989, ch. 591, §§ 1, 6.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 30 - ANATOMICAL GIFTS (§§ 68-30-101 — 68-30-402) › Part 4 - PROCUREMENT OF HUMAN EYES AND ORGANS (§§ 68-30-401 — 68-30-402) › Section 68-30-402 - Costs for evaluation and removal of donated organs and tissues

Any costs incurred at the request of an organ procurement agency or eye bank related to the evaluation of a potential organ and tissue donor, maintenance of organ or tissue viability following a death declaration, and removal of donated organs and tissues will be paid in full by the receiving organ procurement agency or eye bank. The next of kin of the organ and tissue donor will not be responsible for these expenses.
Acts 1986, ch. 885, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 31 - TRANSPLANTATIONS (§§ 68-31-101 — 68-31-104) › Section 68-31-101 - Chapter definitions

As used in this chapter:
(1)
"Ambulatory surgical treatment center" has the same meaning as defined in §
68-11-201
;
(2)
"Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education;
(3)
"Auxiliary aids and services" means:
(A)
Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;
(B)
Qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;
(C)
Acquisition or modification of equipment or devices; or
(D)
Other similar services and actions;
(4)
"Covered entity" means:
(A)
A healthcare provider;
(B)
A hospital;
(C)
An ambulatory surgical treatment center;
(D)
A home care organization; or
(E)
Any other entity responsible for matching anatomical gifts or organ donors to potential recipients;
(5)
"COVID-19" means the novel coronavirus, SARS-CoV-2, and coronavirus disease 2019, commonly referred to as COVID-19, including a variant of SARS-CoV-2 or COVID-19;
(6)
"COVID-19 vaccine" means a substance used to stimulate the production of antibodies and provide protection against COVID-19, prepared from the causative agent of COVID-19, its products, or a synthetic substitute, and treated to act as an antigen without inducing a COVID-19 infection;
(7)
"Disability" has the same meaning as defined in
42 U.S.C. § 12102
;
(8)
"Healthcare provider" means a person licensed under title 63, chapter 6, 7, 9, or 19;
(9)
"Home care organization" has the same meaning as defined in §
68-11-201
;
(10)
"Hospital" has the same meaning as defined in §
33-1-101
or §
68-11-201
;
(11)
"Qualified recipient" means a recipient who has a disability and meets the eligibility requirements for receipt of transplantation or anatomical gift regardless of the use of the following:
(A)
Individuals or entities available to support and assist the recipient of an anatomical gift or transplantation;
(B)
Auxiliary aids and services; or
(C)
Reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications that allow for:
(i)
Communication with one (1) or more individuals or entities available to support or assist with the recipient's care after surgery or transplantation; or
(ii)
Consideration of the availability of those individuals or entities when determining whether the recipient is able to comply with medical requirements following surgery or transplantation; and
(12)
"Transplantation" means the transplantation or transfusion of a human body part into the body of another individual for the purpose of treating or curing a medical condition.
Amended by 2022 Tenn. Acts, ch. 769, s 1, eff. 5/15/2022.
Added by 2021 Tenn. Acts, ch. 441, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 31 - TRANSPLANTATIONS (§§ 68-31-101 — 68-31-104) › Section 68-31-102 - Discrimination on the basis of disability prohibited

(a)
A covered entity shall not do any of the following solely on the basis of the disability of a qualified recipient:
(1)
Consider a qualified recipient ineligible for transplantation or receipt of an anatomical gift;
(2)
Deny medical or other services related to transplantation, including:
(A)
Evaluation;
(B)
Surgery; and
(C)
Counseling and treatment following transplantation;
(3)
Refuse to refer a qualified recipient to a transplant center or specialist;
(4)
Refuse to place a qualified recipient on an organ or tissue waiting list; or
(5)
Place a qualified recipient at a position on an organ or tissue waiting list that is lower than the position at which the qualified recipient would have been placed if not for the qualified recipient's disability.
(b)
Subject to subsection (c), if a healthcare provider has examined an individual and determined that the individual has a disability, then a covered entity may consider, when making recommendations or decisions related to receipt of an anatomical gift or transplantation, the disability of the individual to be medically significant to the receipt of an anatomical gift or transplantation.
(c)
A covered entity shall not consider a qualified recipient's inability to comply with medical requirements following transplantation to be medically significant if a qualified recipient has individuals or entities available to assist in complying with the medical requirements.
(d)
A covered entity shall make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related treatment and services, except when the covered entity demonstrates that the modifications would fundamentally alter the nature of the transplantation-related treatment and services.
Added by 2021 Tenn. Acts, ch. 441, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 31 - TRANSPLANTATIONS (§§ 68-31-101 — 68-31-104) › Section 68-31-103 - Civil cause of action

(a)
An individual who reasonably believes that a covered entity has violated this chapter may bring a civil action for injunctive or other equitable relief against the covered entity for the purpose of enforcing compliance with this chapter.
(b)
In an action commenced under this section, the court must:
(1)
Schedule a hearing as soon as practicable; and
(2)
Apply the same standards when rendering judgment as would be applied in an action brought in federal court under
42 U.S.C. § 12101
et seq.
(c)
This section does not create a right to compensatory or punitive damages against a covered entity.
Added by 2021 Tenn. Acts, ch. 441, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 31 - TRANSPLANTATIONS (§§ 68-31-101 — 68-31-104) › Section 68-31-104 - Discrimination on the basis of COVID-19 vaccination status prohibited

A covered entity shall not, solely on the basis of whether an individual has received or will receive a COVID-19 vaccine, do the following:
(1)
Consider an individual ineligible for transplantation or receipt of an anatomical gift;
(2)
Deny medical or other services related to transplantation, including:
(A)
Evaluation;
(B)
Surgery; and
(C)
Counseling and treatment following transplantation;
(3)
Refuse to refer an individual to a transplant center or specialist;
(4)
Refuse to place an individual on an organ or tissue waiting list; or
(5)
Place an individual at a position on an organ or tissue waiting list that is lower than the position at which the individual would have been placed if not for the individual's COVID-19 vaccine status.
Added by 2022 Tenn. Acts, ch. 769, s 2, eff. 5/15/2022.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 32 - BLOOD DONATIONS (§§ 68-32-101 — 68-32-105) › Section 68-32-102 - Facilities to test for AIDS - Contaminated blood - Cause of action for AIDS infection from untested blood

(a)
All facilities collecting fresh human blood or plasma directly from an individual donor shall have the blood or plasma tested for the potential presence of the causative agent for acquired immune deficiency syndrome (AIDS).
(b)
Any blood shown by appropriate medical testing to be potentially contaminated by the causative agent for AIDS shall not be used for transfusions, or for any other purposes that may pose a threat of transmission of the virus.
(c)
Any person who contracts AIDS from any contaminated blood or blood product shall have a cause of action for damages, including all medical expenses, against any facility supplying untested blood, if the person can establish that such person received any untested blood, or blood product derived from untested blood, from the supplier.
(d)
This section shall not apply in those emergency situations where the attending physician determines that failure to transfuse will be life threatening to the patient.
Acts 1986, ch. 561, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 32 - BLOOD DONATIONS (§§ 68-32-101 — 68-32-105) › Section 68-32-103 - Patient's right to designate blood donor

(a)
The department of health shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to provide that any individual who is treated by a health professional or health facility has the option of designating donors to provide blood or blood products to the individual that may be necessary for such individual's treatment.
(b)
The regulations promulgated pursuant to this section do not apply in those emergency situations where the attending physician determines that failure to transfuse will be life threatening to the patient.
Acts 1986, ch. 561, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 32 - BLOOD DONATIONS (§§ 68-32-101 — 68-32-105) › Section 68-32-104 - Prohibition on persons with AIDS donating blood

If a person knows that the person has received a confirmed positive result from the human T lymphotrophic virus type III antibody test (HTLV-III), or if a person knows that the person is suffering from a confirmed case of acquired immune deficiency syndrome (AIDS), then it is unlawful for the person to be or attempt to be a blood donor, except when deemed necessary for medical research.
Acts 1986, ch. 609, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 33 - [HEALTH AND WELFARE OF MINORS] (§§ 68-33-NEW — 68-33-109) › Section 68-33-NEW - [Newly enacted section not yet numbered]

(a)
A person shall not intentionally recruit, harbor, or transport an unemancipated minor within this state for the purpose of receiving a prohibited medical procedure under this chapter, regardless of where the medical procedure is to be procured.
(b)
This section does not apply to:
(1)
A parent or legal guardian of an unemancipated minor who is authorized to make healthcare decisions for the unemancipated minor;
(2)
An adult who has permission from the unemancipated minor's parent or legal guardian as described in subdivision (b)(1);
(3)
The provision of a medical diagnosis described in this chapter; or
(4)
A common carrier transporting passengers for hire in the course and scope of their business.
(c)
It is not a defense to civil liability under this section that the unemancipated minor consented to the actions in subsection (a).
(d)
(1)
A person who violates subsection (a) may be held liable in a civil action for such violation.
(2)
The civil action may be brought by a parent or legal guardian of the unemancipated minor.
(3)
In a civil action brought pursuant to a violation of this section, the plaintiff may recover from the person:
(A)
Compensatory damages;
(B)
Punitive damages; and
(C)
Reasonable attorney's fees, court costs, and expenses.
Added by 2024 Tenn. Acts, ch. 1064,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 33 - [HEALTH AND WELFARE OF MINORS] (§§ 68-33-NEW — 68-33-109) › Section 68-33-102 - Chapter definitions

As used in this chapter:
(1)
"Congenital defect" means a physical or chemical abnormality present in a minor that is inconsistent with the normal development of a human being of the minor's sex, including abnormalities caused by a medically verifiable disorder of sex development, but does not include gender dysphoria, gender identity disorder, gender incongruence, or any mental condition, disorder, disability, or abnormality;
(2)
"Healthcare provider" means a healthcare professional, establishment, or facility licensed, registered, certified, or permitted pursuant to this title or title 63 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)
"Hormone" means an androgen or estrogen;
(4)
"Knowing" and "knowingly" have the same meaning as the term "knowing" is defined in §
39-11-302
;
(5)
"Medical procedure" means:
(A)
Surgically removing, modifying, altering, or entering into tissues, cavities, or organs of a human being; or
(B)
Prescribing, administering, or dispensing any puberty blocker or hormone to a human being;
(6)
"Minor" means an individual under eighteen (18) years of age;
(7)
"Parent" means any biological, legal, or adoptive parent or parents of the minor or any legal guardian of the minor;
(8)
"Puberty blocker" means a drug or device that suppresses the production of hormones in a minor's body to stop, delay, or suppress pubertal development; and
(9)
"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.
Added by 2023 Tenn. Acts, ch. 1, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 33 - [HEALTH AND WELFARE OF MINORS] (§§ 68-33-NEW — 68-33-109) › Section 68-33-104 - Distribution of hormones or puberty blockers to minors

A person shall not knowingly provide a hormone or puberty blocker by any means to a minor if the provision of the hormone or puberty blocker is not in compliance with this chapter.
Added by 2023 Tenn. Acts, ch. 1, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 33 - [HEALTH AND WELFARE OF MINORS] (§§ 68-33-NEW — 68-33-109) › Section 68-33-105 - Private right of action

(a)
(1)
Except as otherwise provided in subdivision (a)(2), a minor, or the parent of a minor, injured as a result of a violation of this chapter, may bring a civil cause of action to recover compensatory damages, punitive damages, and reasonable attorney's fees, court costs, and expenses, against the healthcare provider alleged to have violated §
68-33-103
or any person alleged to have violated §
68-33-104
.
(2)
The parent of a minor injured as a result of a violation of this chapter shall not bring a civil cause of action against a healthcare provider or another person if the parent consented to the conduct that constituted the violation on behalf of the minor.
(b)
The parent or next of kin of a minor may bring a wrongful death action, pursuant to title 20, chapter 5, part 1, against a healthcare provider alleged to have violated §
68-33-103
, if the injured minor is deceased and:
(1)
The minor's death is the result of the physical or emotional harm inflicted upon the minor by the violation; and
(2)
The parent of the minor did not consent to the conduct that constituted the violation on behalf of the minor.
(c)
If a court in any civil action brought pursuant to this section finds that a healthcare provider knowingly violated §
68-33-103
, then the court shall notify the appropriate regulatory authority and the attorney general and reporter by mailing a certified copy of the court's order to the regulatory authority and the attorney general and reporter. Notification pursuant to this subsection (c) shall be made upon the judgment of the court being made final.
(d)
For purposes of subsection (a), compensatory damages may include:
(1)
Reasonable economic losses caused by the emotional, mental, or physical effects of the violation, including, but not limited to:
(A)
The cost of counseling, hospitalization, and any other medical expenses connected with treating the harm caused by the violation;
(B)
Any out-of-pocket costs of the minor paid to the healthcare provider for the prohibited medical procedure; and
(C)
Loss of income caused by the violation; and
(2)
Noneconomic damages caused by the violation, including, but not limited to, psychological and emotional anguish.
(e)
Notwithstanding any law to the contrary, an action commenced under this section must be brought:
(1)
Within thirty (30) years from the date the minor reaches eighteen (18) years of age; or
(2)
Within ten (10) years of the minor's death if the minor dies.
(f)
This section is declared to be remedial in nature, and this section must be liberally construed to effectuate its purposes.
Added by 2023 Tenn. Acts, ch. 1, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 33 - [HEALTH AND WELFARE OF MINORS] (§§ 68-33-NEW — 68-33-109) › Section 68-33-106 - Attorney general and reporter's right of action

(a)
The attorney general and reporter shall establish a process by which violations of this chapter may be reported.
(b)
The attorney general and reporter may bring an action against a healthcare provider or any person that knowingly violates this chapter, within twenty (20) years of the violation, to enjoin further violations, to disgorge any profits received due to the medical procedure, and to recover a civil penalty of twenty-five thousand dollars ($25,000) per violation. Each time a healthcare provider performs or administers a medical procedure in violation of §
68-33-103
constitutes a separate violation.
(c)
A civil penalty collected pursuant to this section must be paid into the general fund of this state.
(d)
The attorney general and reporter is entitled to reasonable attorney's fees, court costs, and expenses if the attorney general and reporter prevails in an action brought pursuant to this section.
(e)
Jurisdiction for an action brought pursuant to this section is in the chancery or circuit court of Williamson County or circuit court in the county where the violation occurred.
Added by 2023 Tenn. Acts, ch. 1, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 33 - [HEALTH AND WELFARE OF MINORS] (§§ 68-33-NEW — 68-33-109) › Section 68-33-107 - Healthcare provider licensing sanctions

A violation of §
68-33-103
constitutes a potential threat to public health, safety, and welfare and requires emergency action by an alleged violator's appropriate regulatory authority. Upon receiving notification pursuant to §
68-33-105(c)
, or upon otherwise becoming aware of an alleged violation of §
68-33-103
, the appropriate regulatory authority shall proceed pursuant to title 63 or this title, as applicable.
Added by 2023 Tenn. Acts, ch. 1, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 33 - [HEALTH AND WELFARE OF MINORS] (§§ 68-33-NEW — 68-33-109) › Section 68-33-108 - Minor immunity

A minor upon whom a medical procedure is performed or administered must not be held liable for violating this chapter.
Added by 2023 Tenn. Acts, ch. 1, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 33 - [HEALTH AND WELFARE OF MINORS] (§§ 68-33-NEW — 68-33-109) › Section 68-33-109 - Application

This chapter does not prohibit or restrict psychological practice regulated pursuant to title 63, chapter 11; the practice of professional counseling regulated pursuant to title 63, chapter 22; or the practice of social work regulated pursuant to title 63, chapter 23.
Added by 2023 Tenn. Acts, ch. 1, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 34 - FAMILY PLANNING ACT OF 1971 (§§ 68-34-101 — 68-34-111) › Section 68-34-101 - Short title

This chapter shall be known and may be cited as the "Family Planning Act of 1971."
Acts 1971, ch. 400, § 1; T.C.A., § 53-4601.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 34 - FAMILY PLANNING ACT OF 1971 (§§ 68-34-101 — 68-34-111) › Section 68-34-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of health;
(2)
"Contraceptive procedures" means any medically accepted procedure designed to prevent conception;
(3)
"Contraceptive supplies" means those medically approved items designed to prevent conception through chemical, mechanical or other means;
(4)
"Department" means the department of health; and
(5)
"Physician" means any doctor of medicine or doctor of osteopathy duly licensed to practice such physician's profession in Tennessee or the state in which such physician resides and lawfully practices such physician's profession.
Acts 1971, ch. 400, § 1; T.C.A., § 53-4602.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 34 - FAMILY PLANNING ACT OF 1971 (§§ 68-34-101 — 68-34-111) › Section 68-34-103 - Declaration of policy

It is the legislative declaration of the general assembly that:
(1)
Continuing population growth either causes or aggravates many social, economic and environmental problems, both in this state and in the nation;
(2)
Contraceptive procedures, supplies, and information, and information as to and procedures for voluntary sterilization, are not sufficiently available as a practical matter to many persons in this state;
(3)
It is desirable that inhibitions and restrictions be eliminated so that all persons desiring and needing contraceptive procedures, supplies, and information shall have ready and practicable access thereto; and
(4)
Section
68-34-104
sets forth the policy and authority of this state, its political subdivisions, and all agencies and institutions thereof, including prohibitions against restrictions, with respect to contraceptive procedures, supplies and information.
Acts 1971, ch. 400, § 1; T.C.A., § 53-4603.