Children - As enacted, revises various provisions governing surrendering custody of unwanted infants. - Amends TCA Title 36, Chapter 1, Part 1 and Title 68, Chapter 11, Part 2. SB1773 has been assigned Public Chapter Num, the official text

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                             PUBLIC CHAPTER NO. 1092

                                                    SENATE BILL NO. 1773

                                      By Massey, Hatcher, Briggs, Jackson, Seal

                                           Substituted for: House Bill No. 1844

                    By Butler, Stinnett, Atchley, Eldridge, Hill, Leatherwood, Capley, Gant

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;

          SECTION 4. Tennessee Code Annotated, Section 68-11-255(a)(4)(D), is amended by
deleting the subdivision and substituting:

                    (D) Located in an area that is conspicuous and visible to staff of the hospital, fire
          station, ambulance station, police station, emergency communications center, or nursing
          home where the newborn safety device is located; and

          SECTION 5. Tennessee Code Annotated, Section 68-11-255(a)(4), is amended by adding
the following as a new subdivision:

                    (E) Continuously monitored by a facility employee or member of the professional
          medical community at the facility.

          SECTION 6. Tennessee Code Annotated, Section 68-11-255(f), is amended by deleting the
subsection and substituting:

                    (f)(1) If 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
                    shall immediately arrange for the newborn infant to be taken to the nearest hospital
                    emergency room and shall have implied consent to any and all appropriate medical
                    treatment. The hospital shall immediately notify the department of children's services
                    that the surrendered newborn infant is at the hospital. Upon notification, the
                    department shall immediately assume care, custody, and control of the newborn
                    infant.
SB 1773
                             (2) If 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 of this section, then such employee or member shall
                   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 shall immediately notify the department
                   of children's services that the surrendered newborn infant is at the hospital. Upon
                   notification, the department shall immediately assume care, custody, and control of
                   the newborn infant.
          SECTION 7. Tennessee Code Annotated, Section 68-11-255(h), is amended by deleting the
second sentence.
          SECTION 8. This act takes effect upon becoming a law, the public welfare requiring it.

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         SENATE BILL NO. 1773

PASSED:  April 21, 2026

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                                           RANDY MclALLY

                            SPEAKER OF THE SENATE

                         CAMERO~EXTON,SPEAKER

                         HOUSE OF REPRESENTATIVES

V rv19 APPROVED this
         day of                            2026

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                       BILL LEE, GOVERNOR