SRC-CDH S.B. 1160 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1160
By: Carona
Health & Human Services
3-19-97
As Filed


DIGEST 

Currently, Texas law contains no provisions regarding the licensing of eye
banks.  Hospitals, physicians, banks, or storage facilities which perform
medical transplantations may all become donees of gifts of bodies or
parts, as may eye banks.  However, problems have arisen regarding the
quality of care and the level of medical standards within this profession.
S.B. 1160 ensures that Texas eye banks maintain appropriate standards for
providing quality donor eye tissue for transplant and research by
establishing the licensing of eye banks; providing for inspections; using
the Medical Standards of the Eye Bank Association of America or another
nationally recognized accrediting association; requiring eye banks to
submit annual reports; authorizing the use of temporary restraining orders
and injunctions when a recipient's health is under threat; and providing
civil and criminal penalties for violations.       

PURPOSE

As proposed, S.B. 1160 establishes the licensing of eye banks and the use
of donations of gifts of bodies or parts; and provides criminal and civil
penalties.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Health in SECTION 2
(Section 693.057, Health and Safety Code) and to the Texas Department of
Health in SECTION 2 (Section 693.058, Health and Safety Code) of this
bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 692.005, Health and Safety Code, to provide that
a bank or storage facility for human organs or tissues other than eyes or
corneas is authorized to become the donee of gifts of bodies or parts, and
removes a hospital or physician which uses the bodies or parts for medical
or dental transplantation from the list of persons who may become donees.
Makes a conforming change. 

SECTION 2. Amends Chapter 693, Health and Safety Code, by adding
Subchapter D, as follows: 

SUBCHAPTER D.  LICENSING OF EYE BANKS

Sec. 693.051.  DEFINITIONS.  Defines "board," "department," "eye bank,"
"certified eye bank," and "certified technician."  

Sec. 693.052.  LICENSE REQUIRED.  Prohibits a person from establishing or
operating an eye bank in this state without an appropriate license issued
under this subchapter.  Requires each eye bank to have a separate license,
and provides that a license is not transferable or assignable. 

Sec. 693.053.  LICENSE APPLICATION AND ISSUANCE.  Requires an applicant
for an eye bank license to submit an application to the Texas Department
of Health (department) on a form prescribed by the department accompanied
by a nonrefundable fee in an amount set by the Texas Board of Health
(board).  Sets forth the terms by which the department is required to
issue a license, and by which a license expires and may be renewed.
Provides  that information regarding the licensing status of an eye bank
is an open record.  Sets forth the procedure regarding the licensing of an
eye bank, in the event the bank is in operation as of the effective date.

Sec. 693.054.  INSPECTIONS.  Authorizes the department to inspect an eye
bank at reasonable times if necessary to assure compliance with this
subchapter. 

Sec. 693.055.  FEES.  Requires the board to set fees imposed by this
subchapter in amounts necessary to defray the cost of administering this
subchapter. 

Sec. 693.056.  DISPOSITION OF FEES.  Sets forth the terms by which all
fees collected under this subchapter are required to be deposited and
appropriated. 

Sec. 693.057.  ADOPTION OF RULES.  Requires the board to adopt rules
necessary to implement this subchapter, including requirements for the
issuance, renewal, denial, suspension, and revocation of a license.   

Sec. 693.058.  MINIMUM STANDARDS.  Requires the department, by rule, to
prescribe as minimum standards the medical standards of the Eye Bank
Association of America or another nationally recognized accredited
association, and provides an alternative in the event such standards are
no longer nationally recognized.   Sets forth the terms by which an
applicant for an eye bank license is required to be certified and
recertified.  Establishes the conditions by which an eye bank is required
to have at least one certified eye bank technician and a medical director
on staff.  Provides that an eye bank licensed by the State of Texas is
expected to give priority to the needs of patients in the State of Texas.
Sets forth the terms by which hospitals and other agents or agencies
handling donor referrals are required to handle donor referrals involving
potential eye/cornea donors.   

Sec. 693.059.  REPORTING REQUIREMENTS.  Requires each eye bank to submit
an annual report to the department.  Requires the report to be submitted
in the form prescribed by the department, and to contain certain
information.     

Sec. 693.060.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.  Sets forth
the conditions under which the department is authorized to deny, suspend,
or revoke a license. 

Sec. 693.061.  INJUNCTION.  Authorizes the department to petition a
district court for a temporary restraining order if the department finds
that the violation creates an immediate threat to the health and safety of
the recipients of organic material from an eye bank. Authorizes a district
court, by injunction, to prohibit a person from continuing a violation;
restrain or prevent the establishment or operation of an unlicensed eye
bank; and grant any other injunctive relief, provided certain conditions
are met.  Authorizes the attorney general to institute and conduct a suit
at the request of the department.  Sets forth the venue for such a suit. 

Sec. 693.062.  CRIMINAL PENALTY.  Sets forth the terms by which a person
who knowingly violates this subchapter or fails to comply with an adopted
rule is liable for a civil penalty. 

SECTION 3. (a)  Effective date:  September 1, 1997.  Provides that the
department is required to prescribe minimum safety standards not later
than December 1, 1997. 

(b)  Provides that an eye bank in operation before January 1, 1998, is
governed by the law as it existed immediately before September 1, 1997,
and that law is continued in effect for that purpose until January 1,
1998.  Requires an eye bank in operation on or after January 1, 1998, to
have an eye bank license.    

SECTION 4. Emergency clause.