ACG H.B. 956 75(R)BILL ANALYSIS


ENVIRONMENTAL REGULATION
H.B. 956
By: Goodman
3-25-97
Committee Report (Substituted)



BACKGROUND 

Title 5, Subtitle B, Chapter 361, Texas Health and Safety Code, strictly
regulates and monitors the treatment and disposition of medical waste from
health care facilities. 

When artificial, non-human material, such as an orthopedic device or
breast implant is removed from a patient, small amounts of irremovable
human tissue may be attached to the device or implant. Because of the
attachment of human tissue, the device or implant must be treated as
medical waste and therefore disposed of according to the requirements of
this chapter. 

Patients routinely request these devices or implants for litigation
purposes or other personal reasons. Under current law, hospitals are
prohibited from releasing such material to the patient because they may be
deemed to be medical waste.       

PURPOSE

H.B. 956 will clarify that artificial, non-human material such as
orthopedic devices or breast implants surgically removed from the patient
under the circumstances stated above, and requested by the patient, can be
released by the hospital to the patient.         

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 361.560(3), Health and Safety Code, to redefine
the term "medical waste" by removing from the definition artificial,
nonhuman materials removed from a patient and requested by the patient,
including but not limited to orthopedic devices and breast implants.   

SECTION 2.  Emergency clause.  This Act takes effect on passage.  


COMPARISON OF ORIGINAL TO SUBSTITUTE

HB 956 stipulates that "medical waste" does not include nonhuman materials
removed from a patient and requested by the patient, including but not
limited to orthopedic devices and breast implants.   

CSHB 956 stipulates that "medical waste" does not include artificial,
nonhuman materials removed from a patient and requested by the patient,
including but not limited to orthopedic devices and breast implants.