Final disposition of fetal remains from surgical abortion – Pregnant woman’s right to determine

(a) As used in this section: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Law enforcement officer: includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer. See Tennessee Code 39-11-106Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106Obtain: includes , but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses. See Tennessee Code 39-11-106Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105(1) “Abortion facility”: (A) Means any of the following in which abortions are induced or performed: (i) An ambulatory surgical treatment center, as defined in § 68-11-201; (ii) A private office; and (iii) Another facility, as defined in § 68-11-201, in which abortion is legally provided; and (B) Does not include a hospital, as defined in § 68-11-201, that is licensed pursuant to title 68, as long as the hospital acts pursuant to hospital policies or regulations concerning the disposal of fetal remains that substantially comply with the requirements of this section; (2) “Cremation” means the heating process by which a human body or body parts are reduced to bone fragments through combustion and evaporation; (3) “Crematory” has the same meaning as defined in § 62-5-101; (4) “Fetal remains” means an aborted fetus or fetal tissue that results from an abortion of an unborn child; (5) “Interment” means the burial or entombment of fetal remains; and (6) [Deleted by 2023 amendment.] (7) “Unborn child” means an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth. (b) (1) A person shall not make a final disposition of fetal remains from a surgical abortion that occurs at an abortion facility except by cremation or interment. (2) The cremation of fetal remains under subdivision (b)(1) must be in a licensed crematory facility. (c) (1) A pregnant woman who has a surgical abortion has the right to determine the following regarding the fetal remains: (A) Whether the final disposition is by cremation or interment; and (B) The location for the final disposition. (2) A pregnant woman who has a surgical abortion must be provided with a notification form described in subdivision (m)(1)(A). (d) (1) If a pregnant woman desires to exercise the right described in subdivision (c)(1), then the woman must make the determination in writing using a form prescribed by the department of health under subdivision (m)(1)(C). The determination must clearly indicate the following: (A) Whether the final disposition will be by cremation or interment; and (B) Whether the final disposition will be at a location other than the location provided by the abortion facility. (2) If a pregnant woman does not desire to exercise the right described in subdivision (c)(1), then the abortion facility shall determine whether final disposition is by cremation or interment. (3) (A) A pregnant woman who is under eighteen (18) years of age, unmarried, and unemancipated shall obtain parental consent from one (1) of the pregnant woman’s parents, guardian, or custodian for the final disposition determination the woman makes under subdivision (d)(1). The consent must be made in writing using a form prescribed by the department of health under subdivision (m)(1)(B). (B) The consent under subdivision (d)(3)(A) is not required for a pregnant woman exercising her rights under subdivision (c)(1) if an order authorizing the minor to consent, or the court to consent on behalf of the minor, to the abortion is issued by a court of competent jurisdict