Tenn. Comp. R. & Regs. 1200-07-01-.08 - AUTHORIZATION FOR FINAL DISPOSITION

(1) Removal of Body.

(a) Before removing a dead body or fetus from the place of death, the funeral director or person acting as such shall:

1. Obtain assurance from the attending physician that death is from natural causes and that the physician will assume responsibility for certifying to the cause of death or fetal death and receive permission to remove the body from the place of death; or

2. Notify the medical examiner if the case comes within his jurisdiction and receive authorization from him to remove the body;

(b) The funeral director or person acting as such shall secure and file a death certificate with the local registrar within five (5) days.

(2) Disinterment Permits.

(a) A disinterment permit shall be issued by the State Registrar or Local Registrar upon receipt of a written affidavit signed by the next of kin and the person who is in charge of the disinterment or upon receipt of an order of a court of competent jurisdiction directing such disinterment.

(b) Upon receipt of a court order or signed affidavit of the next of kin the State Registrar may issue one permit to authorize disinterment and reinterment of all remains in a mass disinterment provided that, insofar as possible, the remains of each body be identified and the place of disinterment and reinterment specified. The disinterment permit shall be authorization for disentombment, disinterment, transportation and reentombment or reinterment.

(c) A dead body properly prepared by an embalmer and deposited in a receiving vault shall not be considered a disinterment when removed from the vault for final disposition.

(3) Disposition of Fetal Remains.

(a) An abortion facility, as that term defined by T.C.A. § 39-15-219, shall comply with that section regarding disposition of fetal remains from a surgical abortion.

1. Pursuant to T.C.A. § 39-15-219(b)(1), interment and cremation are the only authorized methods of disposition. Fetal remains shall not be disposed of as infectious waste.

2. An abortion facility shall implement and utilize the forms promulgated by the Commissioner of Health under T.C.A. §§ 39-15-219(m)(1)(A), (B), and (C).

(b) Within ten (10) days of a surgical abortion, the facility shall carry out the arrangements for the interment or cremation of the remains, unless the patient has chosen to make alternate arrangements under T.C.A. § 39-15-219(c)(1).

(c) An abortion facility shall develop policies to ensure that fetal remains are properly accounted for during transportation and delivery by and to persons and entities involved in the disposition of the fetal remains, and in a manner that does not disclose the protected healthcare information or identity of the patient.

(d) Forms utilized by an abortion facility in accordance with subsection (a) shall be retained by the facility and shall not be submitted to the Division of Vital Records.

Notes

Tenn. Comp. R. & Regs. 1200-07-01-.08

Original rule filed June 7, 1974. Repeal and new rule filed January 18, 1978; effective February 17, 1978. Amendment filed August 12, 1999; effective October 26, 1999. Amendments filed March 24, 2022; effective 6/22/2022.

Authority: T.C.A. §§ 4-5-202, 39-15-219, 68-3-103, 68-3-104, 68-3-502, and 68-3-507.