Official Summary Text
Present law generally authorizes certain facilities to receive possession of a newborn infant left on the facility premises, with a facility employee, or a member of the professional medical community, or in a newborn safety device. Present law defines
"facility" as a hospital, a birthing center, a community health clinic, an out-patient walk-in clinic, a fire department that is staffed 24 hours a day, a law enforcement facility that is staffed twenty-four 24 hours a day, an emergency medical services f
ac
ility, an emergency communications center, or a nursing home. This bill expands such definition to include an ambulance station that has staff scheduled 24 hours a day. Further, this bill clarifies that with regard to emergency communications centers, f
acilities, and nursing homes, such establishments need only have staff scheduled 24 hours a day, instead of being staffed 24 hours a day.
IMMUNITY
Present law provides that a facility, facility employee, and member of the professional medical community is generally immune from criminal or civil liability for damages as a result of actions taken pursuant to the procedure for surrendering custody of
unwanted infants. However, present law provides that such facilities and individuals are still subject to an existing standard of care for medical treatment and any cause of action based upon a violation of such standard of care. This bill broadens the
im
munity provided to such facilities and individuals by removing the standard of care provision.
ON FEBRUARY 23, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1773, AS AMENDED.
AMENDMENT #1 makes the following changes:
Authorizes a
newborn safety device
to be located in an area that is conspicuous and visible to staff of the ambulance station.
Requires a newborn safety device to
continuously
be
monitored by a facility employee or member of the professional medical community at the facility.
Adds that i
f a facility employee or member of the professional medical community at the facility accepts physical custody of a newborn infant, then such employee or member is required to immediately arrange for the newborn infant to be taken to the nearest hospital emergency room and must have implied consent to any and all appropriate medical treatment. The hospital must immediately notify the department of children's services that the surrendered newborn infant is at the hospital. Upon notification, the department immediately assumes care, custody, and control of the newborn infant.
Adds that i
f a facility employee or member of the professional medical community at the facility physically retrieves a newborn infant from a newborn safety device that meets the requirements, then such employee or member must immediately call for emergency services, arrange for the newborn infant to be taken to the nearest hospital emergency room, and have implied consent to any and all appropriate medical treatment. The hospital must immediately notify the department of children's services that the surrendered newborn infant is at the hospital. Upon notification, the department immediately assumes care, custody, and control of the newborn infant.
Current Bill Text
Read the full stored bill text
HOUSE BILL 1844
By Butler
SENATE BILL 1773
By Massey
SB1773
011492
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 36,
Chapter 1, Part 1 and Title 68, Chapter 11, Part 2,
relative to voluntary surrendering of an infant.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 68-11-255(a)(2), is amended by
inserting the language ", ambulance station that has staff scheduled twenty-four (24) hours a
day," immediately after "a fire department that is staffed twenty-four (24) hours a day".
SECTION 2. Tennessee Code Annotated, Section 68-11-255, is amended by deleting
"is staffed" wherever it appears in subdivisions (a)(1), (a)(2), and (a)(5) and substituting "has
staff scheduled".
SECTION 3. Tennessee Code Annotated, Section 68-11-255(a)(4)(C), is amended by
deleting the subdivision and substituting:
(C) Approved by and located inside a participating hospital, fire station,
ambulance station, police station, emergency communications center, or nursing home
that:
(i) Is licensed or otherwise legally operating in this state; and
(ii) Has staff scheduled continuously on a twenty-four-hour basis every
day by a licensed emergency medical services provider; and
SECTION 4. Tennessee Code Annotated, Section 68-11-255(h), is amended by
deleting the second sentence.
SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it.