Title 68, Health, Safety and Environmental Protection

This part shall be known and may be cited as the “Revised Uniform Anatomical Gift Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Adult” means an individual who is at least eighteen (18) years of age;(2) “Agent” means an individual:(A) Authorized to make healthcare decisions on the principal's behalf by a power of attorney for healthcare o…

This part applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

(1) 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) Ema…

(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, signe…

(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…

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 …

(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 befo…

(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…

(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 signe…

(a) An anatomical gift may be made to the following persons named in the document of gift:(1) A hospital accredited medical school, dental school, college, or university, organ procurement organization, or other appropriate person for research or education;(2) Subject to subsecti…

(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 office…

(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 copyi…

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the department of safety and any donor registry that it knows exists for the geographical area in which the individual reside…

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.

(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 a…

(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 fo…

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.

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 N…

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.

This part is known and may be cited as the “Tennessee Genomic Security and End Organ Harvesting Act.”

(1) As used in this part:(1) “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned…

(a) This part applies to a health benefit plan that is offered, issued, delivered, amended, or renewed by a health insurer to take effect on or after January 1, 2026. (b) A health insurer shall not knowingly provide coverage for a human organ transplant if:(1) The transplant oper…

(a) A medical facility or research facility shall not use genetic sequencers, or any operational or research software used for genetic sequencing, produced in or by a foreign adversary, a state-owned enterprise of a foreign adversary, a company domiciled within a foreign adversar…

(a) A medical facility or research facility shall not store genetic sequencing data within a foreign adversary. The medical facility or research facility shall not allow remote access to genetic sequencing data storage within its direction or control, other than open data, to a f…

(a) (1) On or before July 1 each year, under the penalties of perjury, each medical facility and research institution covered under this part shall certify to the commissioner of health that the facility or institution is compliant with this part.(2) On or before July 1 each year…

(a) If a person is a patient or research subject of an entity that is found guilty of a violation of § 68-30-204, and that person's genetic information was used in the violation, then the person is entitled to recover statutory damages of not less than five thousand dollars ($5,0…

(a) The health facilities commission is authorized to investigate allegations of violations of this part. (b) Any person may notify the health facilities commission of a violation or potential violation of this part. (c) The health facilities commission shall take no further acti…

(1) 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 the…

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 o…

Persons professing a belief in or practicing the tenets of Christian Science shall be excluded from this part.

(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) commit…

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 …

(1) 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…

(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, …

(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 …

(1) 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 …

(a) (1) Any person seventeen (17) years of age or older, subject to the restrictions and provisions of this section, is acceptable as a blood donor; provided, that any person seventeen (17) years of age shall be accepted as a blood donor on a voluntary basis only. Any person seve…

(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 t…

(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 designatin…

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 unl…

(a) As used in this section, unless the context otherwise requires:(1) “Health care institution” means a hospital as described in § 68-11-201 or a birthing center as described in § 68-11-201;(2) “Health care professional” means:(A) A physician authorized to practice medicine and …

(a) The legislature declares that it must take action to protect the health and welfare of minors. (b) The legislature determines that medical procedures that alter a minor's hormonal balance, remove a minor's sex organs, or otherwise change a minor's physical appearance are harm…

(1) 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 developme…

(a) (1) A healthcare provider shall not knowingly perform or offer to perform on a minor, or administer or offer to administer to a minor, a medical procedure if the performance or administration of the procedure is for the purpose of:(A) Enabling a minor to identify with, or liv…

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.