By: Moncrief S.B. No. 351
A BILL TO BE ENTITLED
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 believed to be clinically usable
1-11 for transplants or other therapy or treatment from a decedent who
1-12 died under circumstances requiring an inquest by the medical
1-13 examiner if consent is obtained pursuant to Section 693.003.
1-14 (2) If no autopsy is required, the organs to be
1-15 transplanted shall be released in a timely manner to the qualified
1-16 organ procurement organization, as defined in Section 692.002, for
1-17 removal and transplantation.
1-18 (3) If an autopsy is required, the medical examiner
1-19 shall perform an autopsy or analysis of the organs in a manner and
1-20 within a time period compatible with the preservation of the organs
1-21 for the purposes of transplantation. The organs shall be released
1-22 in a timely manner for removal and transplantation, even if it is
1-23 necessary to release the organs prior to completion of the autopsy.
1-24 (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. The payment shall
2-16 be applied to the additional costs incurred by the medical
2-17 examiner's office in performing such duties, including the cost of
2-18 providing coverage beyond the regular business hours of the medical
2-19 examiner's office. The payment shall be used to facilitate the
2-20 timely procurement of organs in a manner consistent with the
2-21 preservation of the organs for the purposes of transplantation.
2-22 (6) At the medical examiner's request, the health care
2-23 professional removing organs from a decedent who died under
2-24 circumstances requiring an inquest shall file with the medical
2-25 examiner a report detailing the condition of the organs removed and
2-26 their relationship, if any, to the cause of death. The report
2-27 shall become part of the medical examiner's report.
3-1 (b) On a request from a qualified tissue procurement
3-2 organization, as defined in Section 692.002, the medical examiner
3-3 may permit the removal of tissue believed to be clinically usable
3-4 for transplants or other therapy or treatment from a decedent who
3-5 died under circumstances requiring an inquest by the medical
3-6 examiner if consent is obtained pursuant to Section 693.003 or, if
3-7 consent is not required by that section, no objection by a person
3-8 listed in Section 693.004 is known by the medical examiner. <Texas
3-9 nonprofit medical facility that performs organ transplants or a
3-10 nonprofit organization or corporation that procures organs or
3-11 tissues for transplantation, the medical examiner may permit the
3-12 removal of eyes, heart, skin, bone, liver, kidney, or pancreas and
3-13 other tissue proven to be clinically usable for transplants or
3-14 other therapy or treatment if:>
3-15 <(1) the decedant from whom the body part or tissue is
3-16 to be removed died under circumstances requiring an inquest by the
3-17 medical examiner;>
3-18 <(2) consent is given as required by Section 693.003
3-19 or, if consent is not required by that section, no objection by a
3-20 person listed in Section 693.004 is known by the medical examiner;
3-21 and>
3-22 <(3) the removal of the body part or tissue will not
3-23 interfere with the subsequent course of an investigation or
3-24 autopsy.>
3-25 SECTION 2. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended,
4-3 and that this Act take effect and be in force from and after its
4-4 passage, and it is so enacted.
4-5 COMMITTEE AMENDMENT NO. 1
4-6 Amend S.B. 351 as follows:
4-7 1. In SECTION 1, Section 693.002(a)(1), strike the language
4-8 "believed to be clinically usable for transplants or other therapy
4-9 or treatment".
4-10 2. In SECTION 1, Section 693.002(a)(3), strike the current
4-11 language and substitute the following:
4-12 If an autopsy is required, and the medical examiner determines that
4-13 the removal of the organ(s) will not interfere with the subsequent
4-14 course of an investigation or autopsy, the organs shall be released
4-15 in a timely manner for removal and transplantation. The autopsy
4-16 will be performed in a timely manner following the removal of the
4-17 organs.
4-18 3. In SECTION 1, Section 693.002(a)(5), add "Such
4-19 reimbursements shall be deposited in the general fund of the
4-20 county." after "not to exceed $1,000."
4-21 4. In SECTION 1, Section 693.002(a)(6), strike "The report
4-22 shall become part of the medical examiner's report."
4-23 Berlanga