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.