1-1 By: Moncrief S.B. No. 351
1-2 (In the Senate - Filed January 27, 1995; January 30, 1995,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 1, 1995, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; March 1, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to clarifying procedures for the removal of organs or
1-9 tissues from decedents when an inquest is required.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 693.002, Health and Safety Code, is
1-12 amended to read as follows:
1-13 Sec. 693.002. REMOVAL OF BODY PART OR TISSUE FROM DECEDENT
1-14 WHO DIED <PERMITTED> UNDER <CERTAIN> CIRCUMSTANCES REQUIRING AN
1-15 INQUEST. (a)(1) On a request from a qualified organ procurement
1-16 organization, as defined in Section 692.002, the medical examiner
1-17 may permit the removal of organs believed to be clinically usable
1-18 for transplants or other therapy or treatment from a decedent who
1-19 died under circumstances requiring an inquest by the medical
1-20 examiner if consent is obtained pursuant to Section 693.003.
1-21 (2) If no autopsy is required, the organs to be
1-22 transplanted shall be released in a timely manner to the qualified
1-23 organ procurement organization, as defined in Section 692.002, for
1-24 removal and transplantation.
1-25 (3) If an autopsy is required, the medical examiner
1-26 shall perform an autopsy or analysis of the organs in a manner and
1-27 within a time period compatible with the preservation of the organs
1-28 for the purposes of transplantation. The organs shall be released
1-29 in a timely manner for removal and transplantation, even if it is
1-30 necessary to release the organs prior to completion of the autopsy.
1-31 (4) If the medical examiner is considering withholding
1-32 one or more organs of a potential donor for any reason, the medical
1-33 examiner shall be present during the removal of the organs. In
1-34 such case, the medical examiner may request a biopsy of those
1-35 organs or deny removal of the anatomical gift. If the medical
1-36 examiner denies removal of the anatomical gift, the medical
1-37 examiner shall explain in writing the reasons for the denial and
1-38 shall provide the explanation to the qualified organ procurement
1-39 organization.
1-40 (5) If, in performing the duties required by this
1-41 subsection, the medical examiner is required to be present at the
1-42 hospital to examine the decedent prior to removal of the organs or
1-43 during the procedure to remove the organs, the qualified organ
1-44 procurement organization shall on request reimburse the county or
1-45 the entity designated by the county for the actual costs incurred
1-46 in performing such duties, not to exceed $1,000. The payment shall
1-47 be applied to the additional costs incurred by the medical
1-48 examiner's office in performing such duties, including the cost of
1-49 providing coverage beyond the regular business hours of the medical
1-50 examiner's office. The payment shall be used to facilitate the
1-51 timely procurement of organs in a manner consistent with the
1-52 preservation of the organs for the purposes of transplantation.
1-53 (6) At the medical examiner's request, the health care
1-54 professional removing organs from a decedent who died under
1-55 circumstances requiring an inquest shall file with the medical
1-56 examiner a report detailing the condition of the organs removed and
1-57 their relationship, if any, to the cause of death. The report
1-58 shall become part of the medical examiner's report.
1-59 (b) On a request from a qualified tissue procurement
1-60 organization, as defined in Section 692.002, the medical examiner
1-61 may permit the removal of tissue believed to be clinically usable
1-62 for transplants or other therapy or treatment from a decedent who
1-63 died under circumstances requiring an inquest by the medical
1-64 examiner if consent is obtained pursuant to Section 693.003.
1-65 <Texas nonprofit medical facility that performs organ transplants
1-66 or a nonprofit organization or corporation that procures organs or
1-67 tissues for transplantation, the medical examiner may permit the
1-68 removal of eyes, heart, skin, bone, liver, kidney, or pancreas and
2-1 other tissue proven to be clinically usable for transplants or
2-2 other therapy or treatment if:>
2-3 <(1) the decedant from whom the body part or tissue is
2-4 to be removed died under circumstances requiring an inquest by the
2-5 medical examiner;>
2-6 <(2) consent is given as required by Section 693.003
2-7 or, if consent is not required by that section, no objection by a
2-8 person listed in Section 693.004 is known by the medical examiner;
2-9 and>
2-10 <(3) the removal of the body part or tissue will not
2-11 interfere with the subsequent course of an investigation or
2-12 autopsy.>
2-13 SECTION 2. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.
2-20 * * * * *