S.B. No. 351
AN ACT
1-1 relating to clarifying procedures for the removal of organs or
1-2 tissues from decedents when an inquest is required.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 693.002, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 693.002. REMOVAL OF BODY PART OR TISSUE FROM DECEDENT
1-7 WHO DIED <PERMITTED> UNDER <CERTAIN> CIRCUMSTANCES REQUIRING AN
1-8 INQUEST. (a)(1) On a request from a qualified organ procurement
1-9 organization, as defined in Section 692.002, the medical examiner
1-10 may permit the removal of organs from a decedent who died under
1-11 circumstances requiring an inquest by the medical examiner if
1-12 consent is obtained pursuant to Section 693.003.
1-13 (2) If no autopsy is required, the organs to be
1-14 transplanted shall be released in a timely manner to the qualified
1-15 organ procurement organization, as defined in Section 692.002, for
1-16 removal and transplantation.
1-17 (3) If an autopsy is required and the medical examiner
1-18 determines that the removal of the organs will not interfere with
1-19 the subsequent course of an investigation or autopsy, the organs
1-20 shall be released in a timely manner for removal and
1-21 transplantation. The autopsy will be performed in a timely manner
1-22 following the removal of the organs.
1-23 (4) If the medical examiner is considering withholding
2-1 one or more organs of a potential donor for any reason, the medical
2-2 examiner shall be present during the removal of the organs. In
2-3 such case, the medical examiner may request a biopsy of those
2-4 organs or deny removal of the anatomical gift. If the medical
2-5 examiner denies removal of the anatomical gift, the medical
2-6 examiner shall explain in writing the reasons for the denial and
2-7 shall provide the explanation to the qualified organ procurement
2-8 organization.
2-9 (5) If, in performing the duties required by this
2-10 subsection, the medical examiner is required to be present at the
2-11 hospital to examine the decedent prior to removal of the organs or
2-12 during the procedure to remove the organs, the qualified organ
2-13 procurement organization shall on request reimburse the county or
2-14 the entity designated by the county for the actual costs incurred
2-15 in performing such duties, not to exceed $1,000. Such
2-16 reimbursements shall be deposited in the general fund of the
2-17 county. The payment shall be applied to the additional costs
2-18 incurred by the medical examiner's office in performing such
2-19 duties, including the cost of providing coverage beyond the regular
2-20 business hours of the medical examiner's office. The payment shall
2-21 be used to facilitate the timely procurement of organs in a manner
2-22 consistent with the preservation of the organs for the purposes of
2-23 transplantation.
2-24 (6) At the medical examiner's request, the health care
2-25 professional removing organs from a decedent who died under
3-1 circumstances requiring an inquest shall file with the medical
3-2 examiner a report detailing the condition of the organs removed and
3-3 their relationship, if any, to the cause of death.
3-4 (b) On a request from a qualified tissue procurement
3-5 organization, as defined in Section 692.002, the medical examiner
3-6 may permit the removal of tissue believed to be clinically usable
3-7 for transplants or other therapy or treatment from a decedent who
3-8 died under circumstances requiring an inquest by the medical
3-9 examiner if consent is obtained pursuant to Section 693.003 or, if
3-10 consent is not required by that section, no objection by a person
3-11 listed in Section 693.004 is known by the medical examiner. <Texas
3-12 nonprofit medical facility that performs organ transplants or a
3-13 nonprofit organization or corporation that procures organs or
3-14 tissues for transplantation, the medical examiner may permit the
3-15 removal of eyes, heart, skin, bone, liver, kidney, or pancreas and
3-16 other tissue proven to be clinically usable for transplants or
3-17 other therapy or treatment if:>
3-18 <(1) the decedent from whom the body part or tissue is
3-19 to be removed died under circumstances requiring an inquest by the
3-20 medical examiner;>
3-21 <(2) consent is given as required by Section 693.003
3-22 or, if consent is not required by that section, no objection by a
3-23 person listed in Section 693.004 is known by the medical examiner;
3-24 and>
3-25 <(3) the removal of the body part or tissue will not
4-1 interfere with the subsequent course of an investigation or
4-2 autopsy.>
4-3 SECTION 2. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended,
4-8 and that this Act take effect and be in force from and after its
4-9 passage, and it is so enacted.