Tennessee Bill Regarding Disposition of Fetal Remains (SB 2568)

SB 2568 would establish additional reporting requirements regarding the disposition of fetal remains from surgical abortions.

The bill would require physicians performing surgical abortions to make a report to the commissioner of health indicating the method of disposition of the fetal remains. If the remains are transferred to a third party for disposition, the name and address of that third party, and the date of the transfer, should be included in the report.

The bill prohibits a person from offering or accepting money, or anything of value, for an aborted fetus or fetal remains. A person would not be able to accept any reimbursement of any costs associated with the preparation, preservation, transfer, shipping, or handling of an aborted fetus or fetal remains.

Reporting Requirements

The bill requires each induced termination of pregnancy that occurs in the state to be reported to the office of vital records within ten days of the procedure. Each report should indicate whether the abortion was a surgical procedure, and if so, which method was employed. The report should also indicate which method of disposition was used for the fetal remains. If the remains were transferred to a third party, the name and address of the third party along with the date of the transfer, should be included.

Disposition

Prior to the final disposition of fetal remains, the funeral director, person in charge of the institution, or other person assuming responsibility, would be required to obtain written authorization from the mother.

If the fetal remains are from a surgical abortion, a copy of the written authorization from the mother should be appended to the informed consent signed by the mother prior to the procedure.

Clinic Inspections

The bill would require each licensed facility that performs more than 50 surgical abortions per year to  conduct mandatory interim assessments of the facility’s compliance with quality measures as specified by the board, in addition to regular inspections.

Each facility would also be required to report sentinel events. The board would provide interpretive guidelines to facilities regarding the meaning of sentinel event.

In addition, each facility would be required to maintain a record of the disposition of fetal remains and produce such records at the time of an inspection.

STATUS

Signed into law by Gov. Bill Haslam on April 27, 2016.

Companion bill to HB 2577.

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