Tennessee legislation · 114th General Assembly
Tennessee SB1773: 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.
Status: Chaptered, May 27, 2026
Fiscal Summary STATE GOVERNMENTEXPENDITURESGeneral FundFY26-27 & Subsequent Years$2,100 FEDERAL GOVERNMENTEXPENDITURESTitle IV-EFY26-27 & Subsequent Years$800 Bill Summary Present law generally authorizes certain facilities to receive possession of a newborn infant left on the facility premises, with a facility employee, or a member of the professional medical community, or in a newborn safety device. Present law defines "facility" as a hospital, a birthing center, a community health clinic, an out-patient walk-in clinic, a fire department that is staffed 24 hours a day, a law enforcement facility that is staffed twenty-four 24 hours a day, an emergency medical services facility, an emergency communications center, or a nursing home. This bill expands such definition to include an ambulance station that has staff scheduled 24 hours a day. Further, this bill clarifies that with regard to emergency communications centers, facilities, and nursing homes, such establishments need only have staff scheduled 24 hours a day, instead of being staffed 24 hours a day. IMMUNITY Present law provides that a facility, facility employee, and member of the professional medical community is generally immune from criminal or civil liability for damages as a result of actions taken pursuant to the procedure for surrendering custody of unwanted infants. However, present law provides that such facilities and individuals are still subject to an existing standard of care for medical treatment and any cause of action based upon a violation of such standard of care. This bill broadens the immunity provided to such facilities and individuals by removing the standard of care provision. ON FEBRUARY 23, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1773, AS AMENDED. AMENDMENT #1 makes the following changes: Authorizes a
What the bill says
From the amended text:
House Health 1 Amendment No. 1 to HB1844 Terry Signature of Sponsor AMEND S e n ate Bill No. 1773* House Bill No. 1844 by deleting all language after the enacting clause and substituting: 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 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 HA0568 SECTION 5. Tennessee Code Annotated, Section 68-11-255(a)(4), is amended by adding the following as a …