Abortion - As enacted, establishes requirements regarding the disposition of aborted fetuses and fetal tissue, including reporting requirements and requirements for interim inspections of and certain reporting by facilities where surgical abortions are performed. - Amends TCA Title 39, Chapter 15, Part 2 and Title 68.
Companion bill has been assigned Public Chapter Number 1003 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB2577Date
    Comp. became Pub. Ch. 100305/02/2016
    Sponsor(s) Added.04/14/2016
    Comp. SB subst.04/14/2016
    H. Placed on Regular Calendar for 4/14/201604/13/2016
    Sponsor(s) Added.04/13/2016
    Placed on cal. Calendar & Rules Committee for 4/13/201604/12/2016
    Rec. for pass; ref to Calendar & Rules Committee04/12/2016
    Placed on cal. Government Operations Committee for 4/12/201604/06/2016
    Sponsor(s) Added.03/30/2016
    Rec. for pass. if am., ref. to Government Operations Committee03/30/2016
    Placed on cal. Health Committee for 3/30/201603/23/2016
    Rec for pass if am by s/c ref. to Health Committee03/23/2016
    Placed on s/c cal Health Subcommittee for 3/22/201603/16/2016
    Action Def. in s/c Health Subcommittee03/15/2016
    Placed on s/c cal Health Subcommittee for 3/15/201603/09/2016
    Assigned to s/c Health Subcommittee01/27/2016
    P2C, ref. to Health Committee--Government Operations for review01/27/2016
    P1C.01/25/2016
    Intro.01/21/2016
    Filed for intro.01/21/2016
    Actions For SB2568Date
    Effective date(s) 04/27/201605/02/2016
    Pub. Ch. 100305/02/2016
    Signed by Governor.04/27/2016
    Transmitted to Governor for action.04/21/2016
    Signed by H. Speaker04/20/2016
    Signed by Senate Speaker04/20/2016
    Enrolled and ready for signatures04/19/2016
    Sponsor(s) Added.04/18/2016
    Senate concurred in House amendment (Amendment 2 - HA 1117)04/18/2016
    Placed on Senate Message Calendar calendar for 4/18/201604/15/2016
    Passed H., as am., Ayes 79, Nays 9, PNV 104/14/2016
    H. adopted am. (Amendment 2 - HA1117)04/14/2016
    Am. withdrawn. (Amendment 1 - HA1116)04/14/2016
    Subst. for comp. HB.04/14/2016
    Rcvd. from S., held on H. desk.04/13/2016
    Sponsor(s) Added.04/11/2016
    Engrossed; ready for transmission to House04/11/2016
    Passed Senate as amended, Ayes 28, Nays 2, PNV 104/11/2016
    Amendment withdrawn. (Amendment 1 - SA0848)04/11/2016
    Senate adopted Amendment (Amendment 2 - SA0908)04/11/2016
    Placed on Senate Regular Calendar calendar for 4/11/201604/08/2016
    Senate Reset on calendar for 4/11/201604/07/2016
    Placed on Senate Regular Calendar calendar for 4/7/201604/05/2016
    Sponsor(s) Added.03/31/2016
    Senate Reset on calendar for 4/7/201603/31/2016
    Placed on Senate Regular Calendar calendar for 3/31/201603/29/2016
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 0 PNV 203/22/2016
    Sponsor(s) Added.03/22/2016
    Sponsor(s) Added.03/21/2016
    Placed on Senate Judiciary Committee calendar for 3/22/201603/16/2016
    Passed on Second Consideration, refer to Senate Judiciary Committee01/25/2016
    Introduced, Passed on First Consideration01/21/2016
    Filed for introduction01/21/2016
  • AmendmentsFiscal Memos
    HA1116Amendment 1-0 to HB2577Fiscal Memo for HA1116 (15053)  Fiscal Memo for HA1116 (15053)  
    HA1117Amendment 2-0 to HB2577Fiscal Memo for HA1117 (15213)  
    AmendmentsFiscal Memos
    SA0848Amendment 1-1 to SB2568Fiscal Memo for SA0848 (14085)  
    SA0849Amendment 1-1 to SB2568 
    SA0908Amendment 2- to SB2568Fiscal Memo for SA0908 (15053)  Fiscal Memo for SA0908 (15053)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB2577

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    This bill revises various provisions regarding fetal remains, and requires that the method of disposition of fetal remains be in conformity with the rules of the board for licensing health care facilities.

    Under present law, it is a Class E felony for a person, agency, corporation, partnership, or association to:

    (1) Engage in medical experiments, research, or the taking of photographs upon an aborted fetus without the prior knowledge and consent of the mother; or
    (2) Offer or accept money or anything of value for an aborted fetus.

    This bill extends the prohibition described above in (2) to include fetal remains, and additionally prohibits a person, agency, corporation, partnership, or association from accepting any reimbursement of any costs associate with the preparation, preservation, transfer, shipping, or handling of an aborted fetus or fetal remains.

    Under present law, a physician performing an abortion must keep a record of each operation and must make a report to the commissioner of health. Each record and report is confidential in nature and is not accessible to the public.

    This bill requires that the above include, in the case of a surgical abortion, the disposition of any fetal remains, including the method of disposition. If the fetal remains are transferred to a third party for disposition, the report must include the name and address of the third party.

    Under present law, each induced termination of pregnancy that occurs in this state must be reported to the office of vital records by the person in charge of the institution in which the induced termination of pregnancy was performed. If the induced termination of pregnancy was performed outside an institution, the attending physician must prepare and file the report. This bill adds that the report must indicate whether the abortion involved a surgical procedure and, if so, which method of abortion was employed, and must indicate which method for disposition of fetal remains authorized by the rules of the board for licensing health care facilities was employed to dispose of fetal remains. If the remains were transferred to a third party, the report must include the third party's name and address.

    Under present law, prior to final disposition of a dead fetus, regardless of the duration of pregnancy, the funeral director, the person in charge of the institution or other person assuming responsibility for final disposition of the fetus, must obtain from the parents authorization for final disposition on a form prescribed and furnished or approved by the state registrar. This bill adds that when the demise of the fetus is the result of a surgical abortion, a copy of the mother's authorization for disposition, specifying the means of the disposition, must be appended to the required informed consent that was signed by the mother prior to the abortion procedure.

    Generally under present law, every licensed health care facility must be inspected within 15 months following the date of the last inspection by a duly appointed representative of the department. This bill adds that each licensed health care facility performing more than 50 surgical abortions in a year must conduct a mandatory interim assessment of the facility's compliance with quality measures as specified by the board, in addition to regular inspections. Such mandatory interim compliance assessment must include contents prescribed by the board.
    This bill requires such facility to develop a plan of correction with appropriate time for correction of any deficiency discovered in connection with an interim assessment and shall submit the plan of correction to the department, and authorizes the department to accept the plan or timeline for correction or to request changes in the plan of correction or the timeline for compliance.

    This bill also requires such facilities to report sentinel events. This bill specifies that the board will provide interpretive guidelines to facilities regarding the meaning of sentinel event. The department may require the facility to provide a plan of correction for preventing future occurrence of the reported sentinel event. In addition to reporting sentinel events, each facility in which a surgical abortion is performed must make and maintain a record of the disposition of fetal remains as required by this bill and must produce such records at the time of an inspection of the facility and upon request from the department.

    Noncompliance by a licensed health care facility performing more than 50 surgical abortions per year with any of the above assessment provisions will be grounds for discipline by the board.

    ON APRIL 11, 2016, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 2568, AS AMENDED.

    AMENDMENT #2 changes references from "fetal remains" to "aborted fetus or aborted fetal tissue". This amendment changes references to "operation" and "surgical abortion" to "procedure". This amendment adds an exception to the recordkeeping and reporting requirements in cases where 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.

    ON APRIL 14, 2016, THE HOUSE SUBSTITUTED SENATE BILL 2568 FOR HOUSE BILL 2577, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 2568, AS AMENDED.

    AMENDMENT #2 adds a requirement that any rule promulgated to implement this bill must be provided to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate by the secretary of state, after approval by the attorney general and reporter, at the same time the text of the rule is made available to the government operations committees of the senate and the house of representatives for purposes of conducting a rule review hearing, in order for the health committee of the house of representatives and the health and welfare committee of the senate to be afforded the opportunity to comment on the rule.

  • FiscalNote for HB2577/SB2568 filed under HB2577
  • House Floor and Committee Votes

    House moved to substitute and conform to SB2568

    SB2568 by Norris - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/14/2016
    Passed
              Ayes...............................................79
              Noes................................................9
              Present and not voting...................1

              Representatives voting aye were: Alexander, Beck, Brooks H, Brooks K, Butt, Byrd, Calfee, Carr, Carter, Casada, Coley, Daniel, DeBerry, Doss, Dunlap, Dunn, Eldridge, Faison, Farmer, Fitzhugh, Forgety, Goins, Gravitt, Halford, Hawk, Hazlewood, Hicks, Hill M, Hill T, Holsclaw, Holt, Howell, Jenkins, Jernigan, Johnson, Kane, Keisling, Kumar, Lamberth, Littleton, Love, Lynn, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Moody, Pitts, Pody, Powers, Ragan, Ramsey, Reedy, Rogers, Sanderson, Sargent, Sexton C, Sexton J, Shaw, Shepard, Smith, Sparks, Swann, Terry, Todd, Towns, Travis, VanHuss, Weaver, White D, White M, Williams, Windle, Wirgau, Womick, Zachary, Madame Speaker Harwell -- 79.
              Representatives voting no were: Akbari, Clemmons, Cooper, Hardaway, Jones, Mitchell, Powell, Stewart, Turner -- 9.
              Representatives present and not voting were: Armstrong -- 1.

    SB2568 by Norris - FLOOR VOTE: PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/14/2016
    Passed
              Ayes...............................................69
              Noes...............................................20

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Byrd, Calfee, Carr, Carter, Casada, Coley, Daniel, Doss, Dunlap, Dunn, Eldridge, Faison, Farmer, Forgety, Goins, Halford, Hawk, Hazlewood, Hicks, Hill M, Hill T, Holsclaw, Holt, Howell, Jenkins, Jernigan, Johnson, Kane, Keisling, Kumar, Lamberth, Littleton, Lynn, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Moody, Pitts, Pody, Powers, Ragan, Reedy, Rogers, Sanderson, Sargent, Sexton J, Smith, Sparks, Swann, Terry, Todd, Travis, VanHuss, Weaver, White D, White M, Williams, Windle, Wirgau, Womick, Zachary, Madame Speaker Harwell -- 69.
              Representatives voting no were: Akbari, Armstrong, Beck, Camper, Clemmons, Cooper, DeBerry, Favors, Fitzhugh, Gravitt, Hardaway, Jones, Miller, Mitchell, Powell, Shaw, Shepard, Stewart, Towns, Turner -- 20.

              HB2577 by McCormick - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 4/14/2016 4/13/2016
              Voice Vote - Ayes Prevail

              HB2577 by McCormick - HOUSE GOVERNMENT OPERATIONS COMMITTEE:
    Rec. for pass; ref to Calendar & Rules Committee 4/12/2016
              Voice Vote - Ayes Prevail

              HB2577 by McCormick - HOUSE HEALTH COMMITTEE:
    Rec. for pass. if am., ref. to Government Operations Committee 3/30/2016
              Voice Vote - Ayes Prevail Rep(s). Clemmons, Jones requested to be recorded as voting No

              HB2577 by McCormick - HOUSE HEALTH SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Health Committee 3/22/2016
              Voice Vote - Ayes Prevail Rep(s). Armstrong, Clemmons, Favors requested to be recorded as voting No

    Senate Floor and Committee Votes

    SB2568 by Norris - FLOOR VOTE: CONCUR IN HOUSE AMEND# 2 4/18/2016
    Passed
              Ayes...............................................28
              Noes................................................1
              Present and not voting...................1

              Senators voting aye were: Bailey, Beavers, Bell, Bowling, Briggs, Crowe, Dickerson, Gardenhire, Gresham, Haile, Harper, Hensley, Jackson, Johnson, Kelsey, Massey, McNally, Niceley, Norris, Overbey, Roberts, Southerland, Stevens, Tate, Tracy, Watson, Yager, Mr. Speaker Ramsey -- 28.
              Senators voting no were: Kyle -- 1.
              Senators present and not voting were: Harris -- 1.

    SB2568 by Norris - FLOOR VOTE: THIRD CONSIDERATION AMENDED 4/11/2016
    Passed
              Ayes...............................................28
              Noes................................................2
              Present and not voting...................1

              Senators voting aye were: Bailey, Beavers, Bell, Bowling, Briggs, Crowe, Dickerson, Gardenhire, Green, Gresham, Haile, Hensley, Jackson, Johnson, Kelsey, Massey, McNally, Niceley, Norris, Overbey, Roberts, Southerland, Stevens, Tate, Tracy, Watson, Yager, Mr. Speaker Ramsey -- 28.
              Senators voting no were: Harper, Kyle -- 2.
              Senators present and not voting were: Harris -- 1.

    SB2568 by Norris - SENATE JUDICIARY COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 0 PNV 2 3/22/2016
    Passed
              Ayes................................................7
              Noes................................................0
              Present and not voting...................2

              Senators voting aye were: Bell, Bowling, Gardenhire, Kelsey, Overbey, Roberts, Stevens -- 7.
              Senators present and not voting were: Harris, Kyle -- 2.