Anatomical Gifts

Plain English Breakdown

The official source material does not specify what happens if a medical examiner denies an anatomical gift request or how this act will affect existing procedures for organ donation in Tennessee.

An Act to Change Rules for Anatomical Gifts

This bill changes how medical examiners handle anatomical gifts in Tennessee when a post-mortem examination is required.

What This Bill Does

• Allows a medical examiner to deny the removal of an anatomical gift if it would compromise forensic investigation or delay autopsy.
• Requires medical examiners to consider requests from federally designated procurement organizations for recovering anatomical gifts and sets criteria for approval.
• Permits medical examiners to set conditions before allowing the recovery of an anatomical gift, including requiring forensic personnel's presence during the procedure.

Who It Names or Affects

• Medical examiners in Tennessee
• Organ procurement organizations operating in Tennessee

Terms To Know

Anatomical Gift

A donation of all or part of a person's body after death for medical research, therapy, treatment, or transplantation.

Medical Examiner

A doctor who investigates deaths that occur under suspicious, unusual, or unnatural circumstances to determine the cause and manner of death.

Limits and Unknowns

• The bill does not specify what happens if a medical examiner denies an anatomical gift request.
• It is unclear how this act will affect existing procedures for organ donation in Tennessee.

Official Summary Text

The Post-Mortem Examination Act provides guidelines for when a medical examiner is authorized or required to complete a post-mortem examination, and when the medical examiner is required to complete an investigation. However, present law authorizes the
provisions of the Post-Mortem Examination Act to be suspended to the extent necessary to preserve a body or any part of a body when an anatomical gift of such body or part of the body has been made in accordance with the Uniform Anatomical Gift Act. This
b
ill requires the chief medical examiner of the state and the organ procurement agencies serving the state to develop a protocol for instances in which a body is subject to a post-mortem examination, but an anatomical gift of the body or a body part has be
en made in accordance with the Uniform Anatomical Gift Act. The protocol must be filed with the department of health and must be reviewed as necessary.

MEDICAL EXAMINER

This bill authorizes a medical examiner to deny the procurement of an anatomical gift in whole or in part if the medical examiner believes that the removal would (i) compromise the integrity of the forensic investigation; (ii) destroy or obscure evidence
relevant to determining cause, manner, or circumstances of death; delay the autopsy unreasonably; or (iii) otherwise conflict with the medical examiner's statutory duties or ethical obligations. Further, an anatomical gift is prohibited from being procu
re
d or removed from the body prior to a post-mortem examination under this bill without express written authorization from the medical examiner. The medical examiner's decision must prevail if there is disagreement between the procurement organization and
the medical examiner regarding such authorization.

This bill requires a medical examiner to consider any request to recover an anatomical gift made by a federally-designated procurement organization. The medical examiner may authorize the recovery of an anatomical gift when, in the examiners judgment, t
he request meets all of the following criteria:



The removal will not interfere with the determination of the cause and manner of death.


The anatomical gift to be removed is not directly involved in the suspected fatal pathology.


There is sufficient documentation to preserve necessary forensic evidence prior to removal, which includes photographs and radiographs.


The removal will not interfere with a solid factual foundation for an expert opinion.

This bill authorizes the medical examiner to set any reasonable conditions prior to the procurement of an anatomical gift, including requiring the participation of forensic personnel during the procurement. Further, the medical examiner may request the
procurement organization complete any additional test not normally contemplated for donor screening purposes.

This bill clarifies that its provisions do not prevent a medical examiner from conducting a limited or full autopsy after an anatomical donation has occurred. This bill requires all procurement activities be documented in the autopsy report or case file
developed by the medical examiner.

PROCUREMENT ORGANIZATION

This bill requires a procurement organization to provide the
medical examiner with a list of the anatomical gifts to be recovered, anticipated surgical approach and timing, and assurance that the procurement team will comply with the medical examiner's conditions prior to procuring any anatomical gift. After procu
rement, the procurement organization must provide the medical examiner with (i) overall photographs of the front and back of the body and closeup images of significant identifiers and injuries, (ii) blood and other bodily fluids taken from the body at the
t
ime of admission to the hospital in order to complete forensic testing;,(iii) test results from any additional requested testing, and (iv) a copy of any records generated from activities conducted on the body.

LIABILITY

This bill provides that a medical examiner who limits or denies the procurement of an anatomical gift pursuant to this bill is immune from civil, criminal, or administrative liability for such decision. Further, any physician, surgeon, undertaker, law e
nforcement officer, hospital, hospital personnel, or other person who acts in good faith in compliance with this bill is immune from civil or criminal liability for removing, transplanting, or otherwise preserving a body or part of a body.

Current Bill Text

<BillNo> <Sponsor>

SENATE BILL 1986
By Hensley
SB1986
009700
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 38,
Chapter 7 and Title 68, Chapter 30, relative to
anatomical gifts.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 38-7-108(c), is amended by deleting
the subsection and substituting:
(1)
(A) If a body is subject to post-mortem examination under this part, then
this part is suspended, except as provided in this subsection (c), to the extent
necessary for the preservation of any body or part of the body, as defined in §
68-30-102, where an anatomical gift of the body or part of the body has been
made in accordance with the Uniform Anatomical Gift Act, compiled in title 68,
chapter 30, part 1.
(B) A medical examiner may deny the procurement of an anatomical gift
in whole or in part if the medical examiner reasonably believes that the removal
would:
(i) Compromise the integrity of the forensic investigation;
(ii) Destroy or obscure evidence relevant to determining cause,
manner, or circumstances of death;
(iii) Delay the autopsy unreasonably; or
(iv) Otherwise conflict with the medical examiner's statutory duties
or ethical obligations.
(2)

- 2 - 009700

(A) An anatomical gift shall not be procured or removed from the body
prior to a post-mortem examination under this part without express written
authorization from the medical examiner having jurisdiction over the case.
(B) If there is a disagreement between the procurement organization and
the medical examiner regarding such authorization, then the medical examiner's
decision must prevail.
(3) The medical examiner shall consider any request to recover an anatomical
gift made by a federally designated procurement organization operating in this state and
may authorize the recovery of an anatomical gift when, in the examiner's judgment:
(A) The removal will not interfere with the determination of cause and
manner of death;
(B) The anatomical gift to be removed is not directly involved in the
suspected fatal pathology;
(C) Sufficient documentation exists to preserve necessary forensic
evidence prior to removal, which includes photographs and radiographs; and
(D) The removal will not interfere with a solid factual foundation for an
expert opinion.
(4)
(A) The medical examiner may set any reasonable condition prior to the
procurement of an anatomical gift that a procurement organization must adhere
to, including the participation of forensic personnel during the procurement.
(B) The medical examiner may request the procurement organization to
conduct any additional test not normally contemplated for donor screening
purposes.
(5)

- 3 - 009700

(A) Prior to procuring an anatomical gift, the procurement organization
shall provide the medical examiner in possession of the body with the following:
(i) A list of the anatomical gifts to be recovered;
(ii) Anticipated surgical approach and timing; and
(iii) Assurance that the procurement team will comply with any
conditions set by the examiner.
(B) Following procuring the anatomical gift, the procurement organization
shall provide to the medical examiner with jurisdiction over the case the following:
(i) Overall photographs of the front and the back of the body in
addition to closeup images of significant identifiers and injuries;
(ii) Blood and other body fluids taken from the body at the time of
admission to the hospital in order to complete forensic testing;
(iii) Test results from the additional testing conducted by the
procurement organization, if requested by the medical examiner; and
(iv) A copy of any records generated from activities conducted on
the body.
(6) A medical examiner who, in good faith and within the scope of the medical
examiner's professional duties, authorizes, limits, or denies the procurement of an
anatomical gift pursuant to this subsection (c) is immune from civil, criminal, or
administrative liability, including disciplinary action by any licensing board or state
agency, for such decision.
(7) This section does not prevent a medical examiner from conducting a limited
or full autopsy after donation has occurred.

- 4 - 009700

(8) All procurement-related activities must be documented in the autopsy report
or case file, including any photographs, written communications, and surgical
descriptions of any pre-autopsy procedures.
(9) Any physician, surgeon, undertaker, law enforcement officer, hospital,
hospital personnel, or other person who acts in good faith in compliance with this
subsection (c) for the purposes established is immune from civil or criminal liability for
removing, transplanting, or otherwise preserving such body or part of a body.
(10) This subsection (c) shall govern and supersede any conflicting provisions of
law.
(11) The chief medical examiner of the state and the organ procurement
agencies serving the state shall develop a protocol for those instances in which this
subsection (c) applies. The protocol must be filed with the department of health and
must be reviewed and updated as necessary.
SECTION 2. Tennessee Code Annotated, Section 68-30-108(a), is amended by
deleting the first sentence and substituting:
Except as otherwise provided in this part and in § 38-7-108, 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.
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it.