2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-255 - Procedure for surrendering custody of unwanted infant without criminal liability

(a)
As used in this section and in §
36-1-142
, unless the context otherwise requires:
(1)
"Emergency communications center":
(A)
Means a location that is staffed twenty-four (24) hours a day and that is primarily used for:
(1)
Receiving communications from the public requesting law enforcement, fire, medical, or other emergency services;
(2)
Dispatching law enforcement, fire, medical, or other emergency resources to respond to requests for service; and
(3)
Facilitating communications among law enforcement, fire, medical, or other emergency services personnel;
(2)
"Facility" means a hospital as defined in § 68-11-201, a birthing center as defined in § 68-11-201, a community health clinic, an out-patient walk-in clinic, a fire department that is staffed twenty-four (24) hours a day, a law enforcement facility that is staffed twenty-four (24) hours a day, an emergency medical services facility, an emergency communications center, or a nursing home;
(3)
"Member of the professional medical community" has the meaning provided in §
68-140-102
; provided, that the member of the professional medical community is on the premises at the time of a voluntary delivery;
(4)
"Newborn safety device" means a device:
(A)
Designed to permit a mother to anonymously place a newborn infant aged fourteen (14) days or younger in the device with the intent to leave the newborn infant for an emergency medical services provider to remove the newborn infant from the device and take custody of the newborn infant;
(B)
Installed with an adequate dual alarm system connected to the physical location where the device is installed. The dual alarm system must be:
(i)
Tested at least once per month to ensure the alarm system is in working order; and
(ii)
Visually checked at least twice per day to ensure the alarm system is in working order;
(C)
Approved by and located inside a participating police station, fire station, hospital, nursing home, or emergency communications center that is:
(i)
Licensed or otherwise legally operating in this state; and
(ii)
Staffed continuously on a twenty-four (24) hour basis every day by a licensed emergency medical services provider; and
(D)
Located in an area that is conspicuous and visible to staff of the police station, fire station, hospital, nursing home, or emergency communications center where the newborn safety device is located; and
(5)
"Nursing home" means a nursing home as defined in § 68-11-201, that is located in a county that does not have a hospital or a fire station that is staffed continuously on a twenty-four-hour basis every day by a licensed emergency medical services provider.
(6)
"Voluntary delivery" means the action of a mother in leaving an unharmed newborn infant aged fourteen (14) days or younger on the premises of a facility, with a facility employee or member of the professional medical community at the facility, or in a newborn safety device, without expressing an intention to return for the newborn infant, and failing to visit or seek contact with the newborn infant for a period of thirty (30) days thereafter.
(b)
A facility shall receive possession of a newborn infant left on facility premises with a facility employee or member of the professional medical community, or in a newborn safety device, if the newborn infant:
(1)
Was born within the preceding fourteen-day period, as determined within a reasonable degree of medical certainty;
(2)
Is left in an unharmed condition; and
(3)
Is voluntarily left by a person who purports to be the newborn infant's mother and who does not express an intention of returning for the newborn infant.
(4)
Notwithstanding this subsection (b) to the contrary, an emergency communications center without a newborn safety device may decline to receive possession of a newborn infant. An emergency communications center that declines to receive possession of a newborn infant is not a facility as that term is defined in subdivision (a)(1).
(c)
The facility, a facility employee, and a member of the professional medical community at such facility shall inquire, whenever possible, about the medical history of the mother and newborn infant. The facility shall also inform the mother that the mother is not required to respond. Information obtained concerning the identity of the mother, newborn infant, or other parent must be kept confidential and may be disclosed only to the department of children's services for use consistent with the purposes of this section and §§
36-1-142
and
36-2-318
. If practicable, the facility shall also provide the mother with both orally delivered and written information concerning the requirements of this section and §§
36-1-142
and
36-2-318
relating to recovery of the newborn infant and abandonment of the newborn infant.
(d)
(1)
A mother has the right to remain anonymous, shall not be pursued, and shall not be considered to have endangered a newborn infant under title 39, chapter 15, part 4 if the mother places the newborn infant:
(A)
(i)
With an emergency medical services provider;
(ii)
At a facility; or
(iii)
Inside a newborn safety device; and
(B)
Expresses no intent to return to the newborn infant.
(2)
This subsection (d) does not apply when indicators of child abuse or child neglect are present.
(e)
The facility, a facility employee, and a member of the professional medical community at the facility shall perform any act necessary to protect the physical health and safety of the newborn infant.
(f)
The facility employee or member of the professional medical community at the facility who accepts physical custody of a newborn infant, or who physically retrieves a newborn infant from a newborn safety device that meets the requirements of this section, shall immediately arrange for the newborn infant to be taken to the nearest hospital emergency room and shall have implied consent to any and all appropriate medical treatment. The hospital shall immediately notify the department of children's services that the surrendered newborn infant is at the hospital. Upon notification, the department shall immediately assume care, custody, and control of the newborn infant.
(g)
Notwithstanding a law to the contrary, an infant delivered to a facility authorized to accept an infant under this section or §
36-1-142
, shall be issued by the office of vital records, a birth certificate in accordance with §
68-3-307
, which supersedes and invalidates any previously issued birth certificate.
(h)
Notwithstanding a law to the contrary, a facility, facility employee, and member of the professional medical community is immune from criminal or civil liability for damages as a result of actions taken pursuant to this section and §
36-1-142
, and a lawsuit shall not be predicated on those actions. This section and §
36-1-142
do not abrogate an existing standard of care for medical treatment or preclude a cause of action based upon violation of such existing standard of care for medical treatment.
(i)
A nursing home must be approved by the health facilities commission for the installation of a newborn safety device.
Amended by 2024 Tenn. Acts, ch. 728,s 6, eff. 4/19/2024.
Amended by 2024 Tenn. Acts, ch. 728,s 5, eff. 4/19/2024.
Amended by 2024 Tenn. Acts, ch. 728,s 4, eff. 4/19/2024.
Amended by 2024 Tenn. Acts, ch. 728,s 3, eff. 4/19/2024.
Amended by 2024 Tenn. Acts, ch. 728,s 2, eff. 4/19/2024.
Amended by 2024 Tenn. Acts, ch. 728,s 1, eff. 4/19/2024.
Amended by 2022 Tenn. Acts, ch. 1008, s 1, eff. 5/9/2022.
Amended by 2020 Tenn. Acts, ch. 684, Secs.s 2, s 3 eff. 6/15/2020.
Acts 2001, ch. 388, §§ 1, 7; 2009 , ch. 257, § 1.