SB 860 - HB 1046
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 12, 2025
Fiscal Analyst: Chris Higgins | Email: chris.higgins@capitol.tn.gov | Phone: 615-741-2564
SB 860 - HB 1046
SUMMARY OF BILL: Establishes that if an individual or terminal patient has formally
refused to make an anatomical gift of the individual or patient's body or part, such refusal prohibits
another person from making or amending an anatomical gift of the individual's or patient's body or
part.
Prohibits a procurement organization from contacting a person related to a decedent when there is
documented refusal by the decedent to make an anatomical gift of the decedent's body or part.
Allows a procurement organization to contact a person authorized to make decisions regarding a
decedent's anatomical gifts within six hours of cessation of the decedent's heartbeat if the decedent
did not refuse to make an anatomical gift. Requires a decedent's remains to be immediately released
to an authorized funeral home if no contact is made within such time period.
Requires the Department of Health (DOH) or appropriate licensing board to assess a civil penalty of
$500 to a party that violates the provisions of the legislation three times or more upon the third
violation and any subsequent violation.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Establishing certain protocols relating to anatomical gifts will not have a significant impact
on the policies or procedures of DOH, the Health Facilities Commission, or the health-
related boards.
• There is not estimated to be a significant increase in civil penalties imposed on behalf of the
DOH; therefore, any fiscal impact to state or local government is estimated to be not
significant.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director