Amends TCA Title 36, Chapter 1, Part 1 and Title 68, Chapter 11, Part 2.

Present law authorizes certain facilities to receive possession of a newborn infant left in a newborn safety device, under certain conditions. Present law provides that a mother has the right to remain anonymous, must not be pursued, and must not be considered to have endangered a newborn infant if the mother places the newborn infant inside such a newborn safety device, and expresses no intent to return to the newborn infant. However, this does not apply when indicators of child abuse or child neglect are present.<br /> <br /> Present law requires the facility employee or member of the professional medical community at the facility who physically retrieves a newborn infant from a newborn safety device to immediately arrange for the newborn infant to be taken to the nearest hospital emergency room and has implied consent to any and all appropriate medical treatment. The hospital must immediately notify the department of children's services that the surrendered newborn infant is at the hospital. Upon notification, the department must immediately assume care, custody, and control of the newborn infant.<br /> <br /> Present law requires a newborn safety device to, among other conditions, be approved by and located inside a participating police station, fire station, or hospital that is licensed or otherwise legally operating in this state; and staffed continuously on a 24-hour basis every day by a licensed emergency medical services provider. This bill adds that such a device may be located in a nursing home, assisted-care living facility, or emergency communications center.<br /> <br /> ON MARCH 28, 2024, THE SENATE SUBSTITUTED SENATE BILL 1670, ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1670, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites the bill to, instead, do the following:<br /> <br /> (1) Establish that "facility" means 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 24 hours a day, an emergency medical services facility, an emergency communications center, or a nursing home;<br /> <br /> (2) Establish that an "emergency communications center" means a location that is staffed 24 hours a day and that is primarily used for (i) receiving communications from the public requesting law enforcement, fire, medical, or other emergency services; (ii) dispatching law enforcement, fire, medical, or other emergency resources to respond to requests for service; and (iii) facilitating communications among law enforcement, fire, medical, or other emergency services personnel;<br /> <br /> (3) Establish that a "nursing home" means a nursing home that is located in a county that does not have a hospital or a fire station that is staffed continuously on a 24-hour basis every day by a licensed emergency medical services provider;<br /> <br /> (4) Revise the present law definition of "newborn safety device" to mean a device that (i) is approved by and located inside a participating police station, fire station, hospital, nursing home, or emergency communications center; or (ii) located in an area that is conspicuous and visible to staff of the police station, fire station, hospital, nursing home, or emergency communications center where the newborn safety device is located;<br /> <br /> (5) Authorize an emergency communications center without a newborn safety device to decline to receive possession of a newborn infant. An emergency communications center that declines to receive possession of a newborn infant is not a facility as that term is defined in (1) above; and<br /> <br /> (6) Require a nursing home to be approved by the health facilities commission for the installation of a newborn safety device.<br />