Anatomical Gifts

Plain English Breakdown

The bill does not specify how existing anatomical gift authorizations made by family members or legal representatives will be affected.

Anatomical Gifts Act

This bill changes Tennessee law to prohibit procurement organizations from contacting family members or legal representatives of a deceased person for an anatomical gift unless there is a documented authorization made by the living and legally competent individual.

What This Bill Does

• Prohibits procurement organizations from contacting family members, next of kin, or legal representatives of the deceased for an anatomical gift if the deceased did not authorize it while alive and competent.
• Defines 'documented anatomical gift authorization' as a voluntary, written agreement made by a living and legally competent person.
• Sets civil penalties for violating the prohibition on unauthorized contacts, including fines up to $250,000 per violation.
• Requires the Department of Health to investigate complaints about violations and refer them to the Attorney General for enforcement.

Who It Names or Affects

• Procurement organizations that handle anatomical gifts
• Family members or legal representatives of deceased individuals

Terms To Know

Anatomical gift authorization

A written agreement made by a living person to donate their body or parts after death.

Procurement organization

An entity that handles the donation and distribution of anatomical gifts.

Limits and Unknowns

• The bill does not specify what happens if a documented authorization is lost.
• It remains unclear how this will affect existing anatomical gift authorizations made by family members or legal representatives.

Official Summary Text

Present law authorizes an anatomical gift of a decedent's body or part of it to be made by (i) a guardian or conservator of the person of the decedent, if authorized to make healthcare decisions; (ii) an agent; (iii) the spouse of the decedent; (iv) adul
t children of the decedent; (v) parents of the decedent; (vi) adult siblings of the decedent; (vii) adult grandchildren of the decedent; (viii) grandparents of the decedent; (ix) a surrogate designated by the decedent to make healthcare decisions; (x) an
ad
ult who exhibited special care and concern for the decedent; or (xi) any other person having the authority to dispose of the decedent's body. This bill, instead, prohibits a
family member, next of kin, or legally authorized representative
from
authoriz
ing
an anatomical gift when the deceased did not personally authorize such a gift while alive and competent
through
a documented anatomical gift authorization
.

This bill prohibits a procurement organization or a contractor with, representative for, or other person or entity affiliated with a procurement organization from contacting, soliciting, or attempting to obtain consent from a decedent's family member, ne
xt of kin, or legally authorized representative for the purpose of securing an anatomical gift. Further, this bill clarifies that the only valid authorization for an anatomical gift is a documented anatomical gift authorization. As used in this bill, a
"d
ocumented anatomical gift authorization" means an authorization for an anatomical gift of a decedent's body or body part that is made by the decedent voluntarily while living and legally competent. Such a gift may be documented by being (i) in the form o
f a signed writing, (ii) a digit record in a state-recognized donor registry, (iii) expressed in a legally executed advance directive, or (iv) in accordance with other provisions of present law.

PENALTIES AND INVESTIGATIONS

This bill provides that a prohibited contact made to a decedent's family member, next of kin, or legally authorized representative is subject to a civil penalty of up to $50,000 for the first contact. An additional penalty of up to $250,000 applies to a
ny second or subsequent contact. Further, any financial benefit received by a person or entity in connection with a prohibited contact is subject to forfeiture, and e
ach contact constitutes a separate violation.

This bill requires the department of health to investigate complaints of violations and to refer its findings to the attorney general for enforcement. A violation may be grounds for suspension or revocation of a procurement organization's authorization
to operate in this state.

MISCELLANEOUS CHANGES

Present law authorizes a person to rely on the representations of the spouse of a decedent, adult children of the decedent, parents of the decedent, adult siblings of the decedent, adult grandchildren of the decedent, or grandchildren of the decedent rel
ating to the individual's relationship to the donor or prospective donor in determining whether an anatomical gift has been made, amended, or revoked, unless the person knows the representation is untrue.

This bill, instead, authorizes a person to rely on the representations of an individual who is an immediate family member or legal representative of the donor or prospective donor in determining whether an anatomical gift has been made, amended, or revok
ed, unless the person knows the representation is untrue.

Current Bill Text

<BillNo> <Sponsor>

SENATE BILL 2563
By Bowling
SB2563
012456
- 1 -

AN ACT to amend Tennessee Code Annotated, 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, Title 68, Chapter 30, Part 1, is amended by
adding the following as a new section:
68-30-121. Contacting decedent's family regarding anatomical gifts prohibited.
(a) As used in this section, "documented anatomical gift authorization" means an
authorization for an anatomical gift of a decedent's body or body part that is made by the
decedent voluntarily while living and legally competent, and is documented by being:
(1) In the form of a signed writing;
(2) A digital record in a state-recognized donor registry;
(3) Expressed in a legally executed advance directive; or
(4) In accordance with § 68-30-105.
(b) A procurement organization or a contractor with, representative for, or other
person or entity affiliated with a procurement organization shall not contact, solicit, or
attempt to obtain consent from a decedent's family member, next of kin, or legally
authorized representative for the purpose of securing an anatomical gift.
(c) The only valid authorization for an anatomical gift is a documented
anatomical gift authorization.
(d) If a decedent did not make a documented anatomical gift authorization, then
no anatomical gift may be made on the decedent's behalf, and a procurement
organization or another person or entity shall not seek such authorization from the
decedent's surviving family members.

- 2 - 012456

(e)
(1) A contact made in violation of this section is subject to a civil penalty
of not less than:
(A) Fifty thousand dollars ($50,000) for the first contact; and
(B) An additional penalty of up to two hundred fifty thousand
dollars ($250,000) for a second or subsequent contact.
(2) Each contact in violation of this section constitutes a separate
violation subject to a civil penalty as described in subdivision (e)(1).
(3) Any financial benefit received by a person or entity in connection with
a violation of this section is subject to forfeiture.
(f)
(1) The department of health shall investigate complaints of violations of
this section and refer its findings to the attorney general and reporter for
enforcement.
(2) The attorney general and reporter is authorized to enforce this
section.
(3) A violation of this section may constitute grounds for suspension or
revocation of a procurement organization's authorization to operate within this
state.
SECTION 2. Tennessee Code Annotated, Section 68-30-109, is amended by deleting
the section and substituting:
This chapter does not permit a family member, next of kin, or legally authorized
representative to authorize an anatomical gift when the deceased did not personally
authorize such a gift while alive and competent.

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SECTION 3. Tennessee Code Annotated, Section 68-30-110, is amended by deleting
the section.
SECTION 4. Tennessee Code Annotated, Section 68-30-114(g), is amended by
deleting the subsection.
SECTION 5. Tennessee Code Annotated, Section 68-30-108(b), is amended by
deleting "or § 68-30-109".
SECTION 6. Tennessee Code Annotated, Section 68-30-108(d), is amended by
deleting "or § 68-30-109".
SECTION 7. Tennessee Code Annotated, Section 68-30-114(l), is amended by deleting
the subsection and substituting:
(l) In determining whether an anatomical gift has been made, amended, or
revoked under this part, a person may rely upon representations of an individual who is
an immediate family member or legal representative of the donor or prospective donor,
unless the person knows that the representation is untrue.
SECTION 8. Tennessee Code Annotated, Section 68-30-117(b), is amended by
deleting "under § 68-30-109".
SECTION 9. Tennessee Code Annotated, Section 68-30-102(5), is amended by
deleting the subdivision and substituting:
(5) "Disinterested witness" means a witness other than the spouse, child, parent,
sibling, grandchild, grandparent, or guardian of the individual who makes, amends,
revokes, or refuses to make an anatomical gift;
SECTION 10. Tennessee Code Annotated, Section 68-30-111(j), is amended by
deleting "or § 68-30-110".

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SECTION 12. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 13. This act takes effect July 1, 2026, the public welfare requiring it.