BILL ANALYSIS


                                                         S.B. 351
                                                     By: Moncrief
                                        Health and Human Services
                                                           3-2-95
                                     Committee Report (Unamended)
BACKGROUND

Current law regarding transplants of a decedent's organs or tissues
does not detail a clear procedure.  When a decedent requiring an
inquest has not declared a preference concerning organ donation,
guidelines for obtaining consent must be clear since release of
organs for transplant is a very time-sensitive matter.  A medical
examiner is not necessarily required to be present at inquests or
autopsies because of the costs associated.  

PURPOSE

As proposed, S.B. 351 clarifies the procedure for obtaining organs
or tissues from decedents when an inquest is required.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 693.002, Health and Safety Code, as
follows:

     Sec. 693.002.  New title:  REMOVAL OF BODY PART OR TISSUE FROM
     DECEDENT WHO DIED UNDER CIRCUMSTANCES REQUIRING AN INQUEST. 
     (a)(1) Authorizes the medical examiner, on a request from a
     qualified organ procurement organization (organization), to
     permit, if consent is obtained, the removal of organs believed
     to be clinically usable for transplants or other therapy or
     treatment from a decedent requiring an inquest by the medical
     examiner.
     
     (2) Requires the organs to be transplanted to be released if
       no autopsy is required, to the organization for removal and
       transplantation.
       
       (3) Requires the medical examiner, if the autopsy is
       required, to perform an autopsy or analysis of the organs in
       a manner and within a time period compatible with the
       preservation of the organs for the purposes of
       transplantation.  Requires the organs to be released in a
       timely manner for removal and transplantation.
       
       (4) Requires the medical examiner to be present during the
       removal of the organs if the examiner is considering
       withholding organs of a potential donor.  Authorizes the
       examiner to request a biopsy of those organs or deny removal
       of the anatomical gift.  Requires the examiner to explain in
       writing the reasons for the denial and provide the
       explanation to the organization if the examiner denies
       removal of the anatomical gift.
       
       (5) Requires the organization on request to reimburse the
       county or county's designee for the actual costs incurred up
       to $1,000 if the medical examiner is required to be present
       at the hospital to examine the decedent prior to or during
       the procedure to remove the organs.  Requires the payment to
       be applied to the additional costs by the examiner's office
       in performing such duties.  Requires the payment to be used
       to facilitate the timely procurement of organs while
       preserving the organs.
       
       (6) Requires the health care professional removing organs
       from a decedent requiring an inquest, at the medical
       examiner's request, to file with the examiner a report
       detailing the condition of the organs removed and their
       relationship to the cause of death.  Requires the report to
       become part of the medical examiner's report.
     (b) Authorizes the medical examiner, on a request from a
     qualified tissue procurement organization, to permit, if
     consent is obtained, the removal of tissue believed to be
     clinically usable for transplants or other therapy or
     treatment from a decedent requiring an inquest.  Deletes
     existing text setting forth procedure for removal of organs or
     tissues.
SECTION 2. Emergency clause.
           Effective date: upon passage.