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.
2-1 (4) If the medical examiner is considering withholding
2-2 one or more organs of a potential donor for any reason, the medical
2-3 examiner shall be present during the removal of the organs. In
2-4 such case, the medical examiner may request a biopsy of those
2-5 organs or deny removal of the anatomical gift. If the medical
2-6 examiner denies removal of the anatomical gift, the medical
2-7 examiner shall explain in writing the reasons for the denial and
2-8 shall provide the explanation to the qualified organ procurement
2-9 organization.
2-10 (5) If, in performing the duties required by this
2-11 subsection, the medical examiner is required to be present at the
2-12 hospital to examine the decedent prior to removal of the organs or
2-13 during the procedure to remove the organs, the qualified organ
2-14 procurement organization shall on request reimburse the county or
2-15 the entity designated by the county for the actual costs incurred
2-16 in performing such duties, not to exceed $1,000. The payment shall
2-17 be applied to the additional costs incurred by the medical
2-18 examiner's office in performing such duties, including the cost of
2-19 providing coverage beyond the regular business hours of the medical
2-20 examiner's office. The payment shall be used to facilitate the
2-21 timely procurement of organs in a manner consistent with the
2-22 preservation of the organs for the purposes of transplantation.
2-23 (6) At the medical examiner's request, the health care
2-24 professional removing organs from a decedent who died under
2-25 circumstances requiring an inquest shall file with the medical
3-1 examiner a report detailing the condition of the organs removed and
3-2 their relationship, if any, to the cause of death. The report
3-3 shall become part of the medical examiner's report.
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.
3-10 <Texas nonprofit medical facility that performs organ transplants
3-11 or a nonprofit organization or corporation that procures organs or
3-12 tissues for transplantation, the medical examiner may permit the
3-13 removal of eyes, heart, skin, bone, liver, kidney, or pancreas and
3-14 other tissue proven to be clinically usable for transplants or
3-15 other therapy or treatment if:>
3-16 <(1) the decedant from whom the body part or tissue is
3-17 to be removed died under circumstances requiring an inquest by the
3-18 medical examiner;>
3-19 <(2) consent is given as required by Section 693.003
3-20 or, if consent is not required by that section, no objection by a
3-21 person listed in Section 693.004 is known by the medical examiner;
3-22 and>
3-23 <(3) the removal of the body part or tissue will not
3-24 interfere with the subsequent course of an investigation or
3-25 autopsy.>
4-1 SECTION 2. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended,
4-6 and that this Act take effect and be in force from and after its
4-7 passage, and it is so enacted.