Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

         By:  Carona                                  S.B. No. 1160

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the licensing of eye banks and the use of donations of

 1-2     gifts of bodies or parts; providing criminal and civil penalties.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 692.005.  PERSONS WHO MAY BECOME DONEES.

 1-5     The following persons may become donees of gifts of bodies or

 1-6     parts:

 1-7                 (1)  a hospital or physician, to be used only for

 1-8     medical or dental education, research, therapy, [transplantation,]

 1-9     or the advancement of medical or dental science;

1-10                 (2)  an accredited medical, chiropractic, or dental

1-11     school, college, or university, to be used only for education,

1-12     research, therapy, or the advancement of medical or dental science;

1-13                 (3)  a bank or storage facility for human organs or

1-14     tissues other than eyes or corneas to be used only for medical or

1-15     dental education, research, therapy, transplantation, or the

1-16     advancement of medical or dental science;

1-17                 (4)  a person specified by a physician, to be used only

1-18     for therapy or transplantation needed by the person;

1-19                 (5)  a licensed [an] eye bank the medical activities of

1-20     which are directed by a physician; or

1-21                 (9)  the Anatomical Board of the State of Texas.

1-22           SECTION 2.  Chapter 693, Health and Safety Code, is amended

1-23     by adding Subchapter D to read as follows:

 2-1                    SUBCHAPTER D.  LICENSING OF EYE BANKS

 2-2           Sec. 693.051.  DEFINITIONS.  In this subchapter:

 2-3                 (1)  "Board" means the Texas Board of Health.

 2-4                 (2)  "Department" means the Texas Department of Health.

 2-5                 (3)  "Eye bank" means a nonprofit corporation chartered

 2-6     under the laws of this state to obtain, store, and distribute donor

 2-7     eyes or donated organic material from eyes to be used for corneal

 2-8     transplants, research, or other medical purposes.

 2-9                 (4)  "Certified eye bank" means an eye bank that has

2-10     been inspected by the Eye Bank Association of America, the

2-11     nationally recognized accrediting association, and certified as

2-12     meeting the accepted medical standards of that association or,

2-13     should such certification be unavailable, inspected by the

2-14     department and certified as meeting the departments minimum

2-15     standards.

2-16                 (5)  "Certified technician" means an eye bank

2-17     technician that has been tested by the Eye Bank Association of

2-18     America, the nationally recognized accrediting association, and

2-19     certified as meeting the accepted standards for eye bank

2-20     technicians or, should such certification be unavailable, tested by

2-21     the department and certified as meeting requirements set forth by

2-22     the department.

2-23           Sec. 693.052.  LICENSE REQUIRED.  (a)  A person may not

2-24     establish or operate an eye bank in this state without an

2-25     appropriate license issued under this subchapter.

 3-1           (b)  Each eye bank must have a separate license.

 3-2           (c)  A license is not transferable or assignable.

 3-3           Sec. 693.053.  LICENSE APPLICATION AND ISSUANCE.  (a)  An

 3-4     applicant for an eye bank license must submit an application to the

 3-5     department on a form prescribed by the department.

 3-6           (b)  Each application must be accompanied by a nonrefundable

 3-7     license fee in an amount set by the board.

 3-8           (c)  The department shall issue a license if it finds that

 3-9     the applicant and the eye bank meet the requirements of this

3-10     subchapter and the standards adopted under this subchapter.

3-11           (d)  A license expires and may be renewed at the times

3-12     provided by and in accordance with the rules of the board.  As a

3-13     condition for renewal of a license, the licensee must submit to the

3-14     department the applicable license renewal fee.

3-15           (e)  Information regarding the licensing status of an eye

3-16     bank is an open record for the purposes of Chapter 552, Government

3-17     Code.

3-18           (f)  Eye banks in operation as of the date this legislation

3-19     becomes effective that meet the requirements for licensing will be

3-20     licensed.  In the event an eye bank not in operation as of the date

3-21     this legislation becomes effective applies for a license, the

3-22     department shall determine whether there is a need for an eye bank

3-23     in the area to be served and may deny a license should no need be

3-24     found.

3-25           Sec. 693.054.  INSPECTIONS.  The department may inspect an

 4-1     eye bank at reasonable times if necessary to assure compliance with

 4-2     this subchapter.

 4-3           Sec. 693.055.  FEES.  The board shall set fees imposed by

 4-4     this subchapter in amounts reasonable and necessary to defray the

 4-5     cost of administering this subchapter.

 4-6           Sec. 693.056.  DISPOSITION OF FEES.  All fees collected under

 4-7     this subchapter shall be deposited to the credit of the general

 4-8     revenue fund and may be appropriated only to the department to

 4-9     administer and enforce this subchapter.

4-10           Sec. 693.057.  ADOPTION OF RULES.  The board shall adopt

4-11     rules necessary to implement this subchapter, including

4-12     requirements for the issuance, renewal, denial, suspension, and

4-13     revocation of a license to operate an eye bank.

4-14           Sec. 693.058.  MINIMUM STANDARDS.  (a)  The department by

4-15     rule shall prescribe as minimum standards the Medical Standards for

4-16     eye banks of the Eye Bank Association of America or of another

4-17     nationally recognized accrediting association.  In the event that

4-18     such standards should no longer be nationally recognized, the

4-19     department shall develop appropriate minimum standards.

4-20           (b)  An applicant for an eye bank license if not already a

4-21     certified eye bank must be certified by its medical director, as

4-22     defined in (f) below, as meeting the minimum standards of the

4-23     department and must be a certified eye bank within eighteen months

4-24     of the date on which the eye bank began operation.

4-25           (c)  An eye bank must be a certified eye bank in the time

 5-1     provided by Subsection (b) and must be recertified at least every

 5-2     three years.

 5-3           (d)  An eye bank that applies for and fails to receive

 5-4     recertification must apply for and receive and receive

 5-5     recertification not later than fifteen months after the date the

 5-6     eye bank initially failed to receive recertification.  The

 5-7     department may revoke a license of an eye bank if the eye bank

 5-8     fails to receive recertification during this period.

 5-9           (e)  An eye bank must have on staff at least one certified

5-10     eye bank technician.

5-11           (f)  An eye bank must have a medical director to direct the

5-12     medical activities of the eye bank.  The medical director must be:

5-13                 (1)  licensed by and practicing in the state as an

5-14     ophthalmologist; and

5-15                 (2)  board certified as an ophthalmic surgeon.

5-16           (g)  An eye bank licensed by the State of Texas is expected

5-17     to give priority to the needs of patients in the State of Texas.

5-18     Hospitals and other agents or agencies handling donor referrals are

5-19     required to have an agreement with and make timely referrals of all

5-20     potential eye/cornea donors to an eye bank licensed in accordance

5-21     with this subchapter.

5-22           Sec. 693.059.  REPORTING REQUIREMENTS.  (a)  Each eye bank

5-23     must submit an annual report to the department.  The report must be

5-24     submitted in the form prescribed by the department.

5-25           (b)  The report must include:

 6-1                 (1)  the certification status of the eye bank;

 6-2                 (2)  the certification status of the certified

 6-3     technician empooed by the eye bank;

 6-4                 (3)  the number of whole eyes received by the eye bank

 6-5     during the period covered by the report.

 6-6                 (4)  the number of corneas only received by the eye

 6-7     bank during the period covered by the report.

 6-8                 (5)  the number of corneas provided for transplant for

 6-9     patients in Texas

6-10                 (6)  the number of corneas provided for transplant for

6-11     out of state patients.

6-12                 (7)  the total number of corneas, eyes and other eye

6-13     parts provided for research.

6-14                 (8)  the number scleras provided for surgical purposes.

6-15           Sec. 693.060.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.

6-16     (a)  The department may deny, suspend, or revoke a license for a

6-17     violation of this subchapter or a rule adopted under this

6-18     subchapter.

6-19           (b)  The denial, suspension, or revocation of a license by

6-20     the department and the appeal from that action are governed by the

6-21     procedures for a contested case hearing under Chapter 2001,

6-22     Government Code.

6-23           Sec. 693.061.  INJUNCTION.  (a)  The department may petition

6-24     a district court for a temporary restraining order to restrain a

6-25     continuing violation of the standards or licensing requirements

 7-1     provided under this subchapter if the department finds that the

 7-2     violation creates an immediate threat to the health and safety of

 7-3     the recipients of organic material from an eye bank.

 7-4           (b)  A district court, on petition of the department and on

 7-5     finding by the court that a person is violating the standards or

 7-6     licensing requirements provided under this subchapter, may by

 7-7     injunction:

 7-8                 (1)  prohibit a person from continuing a violation of

 7-9     the standards or licensing requirements provided under this

7-10     subchapter;

7-11                 (2)  restrain or prevent the establishment or operation

7-12     of an eye bank without a license issued under this subchapter; and

7-13                 (3)  grant any other injunctive relief warranted by the

7-14     facts.

7-15           (c)  The attorney general may institute and conduct a suit

7-16     authorized by this section at the request of the department.

7-17           (d)  Venue for a suit brought under this section is in the

7-18     county in which the eye bank is located or in Travis County.

7-19           Sec. 693.062.  CRIMINAL PENALTY.  (a)  A person who knowingly

7-20     violates this subchapter or who knowingly fails to comply with a

7-21     rule adopted under this subchapter is liable for a civil penalty of

7-22     not less than $100 or more than $500 for each violation if the

7-23     department determines that the violation threatens the health and

7-24     safety of a recipient of organic material from an eye bank.

7-25           (b)  Each day of a continuing violation constitutes a

 8-1     separate ground for recovery.

 8-2           SECTION 3.  (a)  This Act takes effect September 1, 1997.

 8-3     The Texas Department of Health shall prescribe minimum safety

 8-4     standards for eye banks in accordance with this subchapter not

 8-5     later than December 1, 1997.

 8-6           (b)  An eye bank in operation before January 1, 1998, is

 8-7     governed by the law as it existed immediately before September 1,

 8-8     1997, and that law is continued in effect for that purpose until

 8-9     January 1, 1998.  An eye bank in operation on or after January 1,

8-10     1998, must have an eye bank license.

8-11           SECTION 4.  The importance of this legislation and the

8-12     crowded condition of the calendars in both houses create an

8-13     emergency and an imperative public necessity that the

8-14     constitutional rule requiring bills to be read on three several

8-15     days in each house be suspended, and this rule is hereby suspended.