Tennessee § 38-7-105 - Facility for performance of autopsies.

§ 38-7-105. Facility for performance of autopsies.

Except as provided in subsection (b), all autopsies must be performed at a facility accredited by the National Association of Medical Examiners (NAME). An accredited facility must maintain accreditation and operate pursuant to NAME guidelines. Autopsies may be performed at a non-accredited facility if: The facility receives provisional accreditation from NAME within two (2) years of beginning operations; The facility receives full accreditation from NAME within three (3) years of beginning operations; and The facility operates pursuant to NAME guidelines. Acts 1961, ch. 174, § 5; 1967, ch. 399, § 2; 1968, ch. 626, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 38-705; Acts 1994, ch. 775, § 4; 1995, ch. 258, § 1; 2008, ch. 969, § 11; 2009, ch. 392, § 1; 2012, ch. 671, § 1; 2013, ch. 67, § 1; 2018, ch. 572, § 1. Amendments. The 2018 amendment rewrote the section which read: “(a) All autopsies must be performed at a facility accredited by the National Association of Medical Examiners (NAME). A facility must receive accreditation from NAME within one (1) year of July 1, 2012, maintain accreditation and operate pursuant to NAME guidelines unless the facility operates in a county which qualifies for an extension under subsection (b).“(b) A facility must receive accreditation from NAME within one (1) year of July 1, 2014, maintain accreditation and operate pursuant to NAME guidelines if the facility is located in any county having a population of not less than three hundred thirty-six thousand four hundred (336,400) nor more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census.” Effective Dates. Acts 2018, ch. 572, § 2. March 16, 2018. Attorney General Opinions. T.C.A. § 38-7-105 expresses a legislative preference for the performance of medicolegal autopsies at a state medical examiner's facility, but the language is not a clear mandate requiring that a state medical examiner's facility accept any and all autopsies from every Tennessee county; thus, the commissioner of health and the chief medical examiner may establish reasonable policies and practices respecting the availability of the state medical examiner's facility, and these policies and practices could include, for example, reasonable geographical limitations upon the autopsies to be accepted by the facility, OAG 01-32 (3/12/01). Former subsection (b) of T.C.A. § 38-7-105 exempted only the metropolitan government of Nashville and Davidson County from the requirements of T.C.A. § 38-7-105(a) , OAG 01-32 (3/12/01).