2023 Tennessee Code
Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812)
Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514)
Part 2 - ABORTION (§§ 39-15-NEW — 39-15-219)
Section 39-15-203 - Records and reports of abortions - Disposition of aborted fetus or aborted fetal tissue - Method of disposition - Confidentiality

• (a) A physician performing an abortion shall keep a record of each procedure and of the disposition of the aborted fetus or aborted fetal tissue. The physician shall make a report to the commissioner of health with respect thereto at the time and in the form as the commissioner may reasonably prescribe. If the procedure is solely a medication termination and the expulsion of the aborted fetus or aborted fetal tissue does not take place at the facility or clinic where the procedure took place, the physician shall not be required to keep a record of the disposition or report such disposition to the commissioner.

• (b)
  • (1) The physician shall note in the section regarding the disposition of the aborted fetus or aborted fetal tissue the method of disposition.
  • (2) If the aborted fetus or aborted fetal tissue is transferred to a third party for disposition, the name and address of that third party, and the date of the transfer, shall be included on the report.
  • (3) If an ultrasound was performed prior to the induced termination of pregnancy, the report shall also indicate whether or not a heartbeat was detected.

• (c) The method of disposition of an aborted fetus or aborted fetal tissue must comply with § 39-15-219.

• (d) Each record and report made pursuant to this section shall be confidential in nature and shall not be public record open for inspection.

• (e) The department of health shall collect the reports submitted pursuant to this section and report quarterly the number of abortions performed in this state to the governor, the speaker of the senate, the speaker of the house of representatives, and the chairs of the health and welfare committee of the senate and the health committee of the house of representatives no later than January 1, April 1, July 1, and October 1 of each year. Any cost associated with implementing this subsection (e) must be provided from within existing resources of the department of health.

Amended by 2023 Tenn. Acts, ch. 313,s 8, eff. 4/28/2023.

Amended by 2021 Tenn. Acts, ch. 348, s 3, eff. 5/6/2021.

Amended by 2018 Tenn. Acts, ch. 862, s 1, eff. 1/1/2019.

Amended by 2016 Tenn. Acts, ch. 1003, s 1, eff. 4/27/2016.

Acts 1989, ch. 591, § 1.