By Hochberg H.B. No. 2758
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to clarification of the procedures for organ donation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (f), (g), and (h), Section 11B,
1-5 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
1-6 (Article 6687b, Vernon's Texas Civil Statutes), are amended to read
1-7 as follows:
1-8 (f) <If a person listed in Section 692.004, Health and
1-9 Safety Code, cannot be identified and contacted within four hours
1-10 after death is pronounced and the medical examiner determines that
1-11 no reasonable likelihood exists that a person can be identified and
1-12 contacted during the four-hour period, the medical examiner may
1-13 permit the removal of a visceral organ or tissue. In this
1-14 subsection, "visceral organ" means the heart, kidney, liver, or
1-15 other organ or tissue that requires a patient support system to
1-16 maintain the viability of the organ or tissue.>
1-17 <(g)> A person who performs in good faith in carrying out
1-18 this section is not civilly or criminally liable for the person's
1-19 good-faith efforts to comply with this section. The legislature
1-20 recognizes that because swiftness of action is required in organ
1-21 and tissue donation situations, good-faith errors are preferable to
1-22 delay as a matter of public policy.
1-23 (g) <(h)> A person who is not applying for the issuance,
2-1 renewal, reinstatement, or replacement of a driver's license or
2-2 personal identification card but who wishes to execute or revoke a
2-3 statement of gift symbolized on the person's license or card may
2-4 apply to the Department for an amendment to the license or card and
2-5 pay a fee in the amount of a duplicate fee.
2-6 SECTION 2. Section 692.004, Health and Safety Code, is
2-7 amended to read as follows:
2-8 Sec. 692.004. Persons Who May Execute Gift. (a) The
2-9 following persons, in the following priority, may consent or object
2-10 to giving <give> all or any part of a decedent's body for a purpose
2-11 specified by Section 692.005:
2-12 (1) the decedent's spouse;
2-13 (2) the decedent's adult child;
2-14 (3) either of the decedent's parents;
2-15 (4) the decedent's adult brother or sister;
2-16 (5) the guardian of the person of the decedent at the
2-17 time of death; or
2-18 (6) any other person authorized or under an obligation
2-19 to dispose of the body.
2-20 (b) A person listed in Subsection (a) may make the gift only
2-21 if:
2-22 (1) a person in a higher priority class is not
2-23 available at the time of death;
2-24 (2) there is no actual notice of contrary indications
2-25 by the decedent; and
3-1 (3) there is no actual notice of opposition by a
3-2 member of the same or a higher priority class.
3-3 (c) A person listed in Subsection (a) may make the gift
3-4 after death or immediately before death. The person must make the
3-5 gift by a document signed by the person or by a telegraphic,
3-6 recorded telephonic, or other recorded message.
3-7 (d) If a person listed in Subsection (a) cannot be
3-8 identified and contacted within four hours after death is
3-9 pronounced, the medical examiner shall permit a qualified organ or
3-10 tissue procurement organization, as defined in Section 692.002(8),
3-11 to remove the decedent's organs or tissue, if clinically usable for
3-12 transplants or other therapy or treatment.
3-13 SECTION 3. Section 693.002, Health and Safety Code, is
3-14 amended to read as follows:
3-15 Sec. 693.002. REMOVAL OF BODY PART OR TISSUE FROM DECEDENT
3-16 WHO DIED <PERMITTED> UNDER <CERTAIN> CIRCUMSTANCES REQUIRING AN
3-17 INQUEST. (a) On a request from a qualified organ or tissue
3-18 procurement organization, as defined in Section 692.002(8) <Texas
3-19 nonprofit medical facility that performs organ transplants or a
3-20 nonprofit organization or corporation that procures organs or
3-21 tissues for transplantation>, the medical examiner shall <may>
3-22 permit the removal of organs and/or tissue believed <eyes, heart,
3-23 skin, bone, liver, kidney, or pancreas and other tissue proven> to
3-24 be clinically usable for transplants or other therapy or treatment
3-25 from a <if:>
4-1 <(1) the> decedent who <from whom the body part or
4-2 tissue is to be removed> died under circumstances requiring an
4-3 inquest by the medical examiner if<;>
4-4 <(2)> consent is given as required by Section 693.003
4-5 or, if consent is not required by that section, no objection by a
4-6 person listed in Section 692.004 <693.004> is known by the medical
4-7 examiner<; and>
4-8 <(3) the removal of the body part or tissue will not
4-9 interfere with the subsequent course of an investigation or
4-10 autopsy>.
4-11 (b) If no autopsy is required, any organ or tissue to be
4-12 transplanted shall be released in a timely manner to the qualified
4-13 organ or tissue procurement organization, as defined in Section
4-14 692.002(8), for removal and transplantation.
4-15 (c) If an autopsy is required, the medical examiner shall
4-16 perform an autopsy or analysis of any organ or tissue in a manner
4-17 and within a time period compatible with the preservation of the
4-18 organ or tissue for the purposes of transplantation. Any such
4-19 organ or tissue shall be released in a timely manner for removal
4-20 and transplantation.
4-21 (d) A health care professional authorized to remove organs
4-22 or tissue from a decedent may remove any organ or tissue prior to
4-23 completion of an autopsy or analysis of the organ or tissue by the
4-24 medical examiner as provided in Subsection (c).
4-25 (e) If the autopsy is not undertaken in a manner and within
5-1 a time period compatible with preservation of any organ or tissue
5-2 for transplantation, a health care professional authorized to
5-3 remove the organs or tissue may remove the organs or tissue on
5-4 notice to the person performing the autopsy. The medical examiner
5-5 or his authorized deputy may be present during the removal of any
5-6 organ or tissue.
5-7 (f) The health care professional removing any organ or
5-8 tissue from a decedent who died under circumstances requiring an
5-9 inquest shall file with the medical examiner a report detailing the
5-10 condition of the organs or tissue removed and its relationship, if
5-11 any, to the cause of death. The report shall become part of the
5-12 medical examiner's report.
5-13 SECTION 4. Section 693.003, Health and Safety Code, is
5-14 amended to read as follows:
5-15 Sec. 693.003. CONSENT REQUIRED IN CERTAIN CIRCUMSTANCES.
5-16 <(a)> A medical examiner or a person acting on the authority of a
5-17 medical examiner may not remove an <a visceral> organ or tissue
5-18 unless the medical examiner or person obtains <the> consent
5-19 pursuant to Section 692.004 <of a person listed in Section
5-20 693.004>.
5-21 <(b) If a person listed in Section 693.004 is known and
5-22 available within four hours after death is pronounced, a medical
5-23 examiner or a person acting on the authority of a medical examiner
5-24 may not remove a nonvisceral organ or tissue unless the medical
5-25 examiner or person obtains that person's consent.>
6-1 <(c) If a person listed in Section 693.004 cannot be
6-2 identified and contacted within four hours after death is
6-3 pronounced and the medical examiner determines that no reasonable
6-4 likelihood exists that a person can be identified and contacted
6-5 during the four-hour period, the medical examiner may permit the
6-6 removal of a nonvisceral organ or tissue.>
6-7 SECTION 5. Section 693.004, Health and Safety Code, is
6-8 repealed.
6-9 SECTION 6. This Act takes effect September 1, 1993.
6-10 SECTION 7. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.