AN ACT
1-1 relating to donation of organs.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 692.002, Health and Safety Code, is
1-4 amended by amending Subdivision (9) and adding Subdivisions (10)
1-5 and (11) to read as follows:
1-6 (9) "Qualified organ or tissue procurement
1-7 organization" means an organization that procures and distributes
1-8 organs or tissues for transplantation, research, or other medical
1-9 purposes and that [is]:
1-10 (A) is affiliated with a university or
1-11 hospital[;] or
1-12 [(B)] registered to operate as a nonprofit
1-13 organization in this state for the primary purpose of organ or
1-14 tissue procurement; and
1-15 (B) if the organization is an organ procurement
1-16 organization, is certified to act as an organ procurement
1-17 organization by the appropriate federal agency.
1-18 (10) "Transplant center" means a hospital that:
1-19 (A) maintains a waiting list;
1-20 (B) receives vascularized organs for the purpose
1-21 of transplantation; and
1-22 (C) transplants organs into patients at the
1-23 hospital.
1-24 (11) "Waiting list" means a patient waiting list of
2-1 persons who are waiting for a vascular organ transplant.
2-2 SECTION 2. Section 692.005, Health and Safety Code, is
2-3 amended to read as follows:
2-4 Sec. 692.005. PERSONS WHO MAY BECOME DONEES. The following
2-5 persons may be donees of gifts of bodies or parts:
2-6 (1) a qualified organ procurement organization, for
2-7 distribution to another person who may be a donee under this
2-8 section, to be used for transplantation;
2-9 (2) a hospital or physician, to be used only for
2-10 medical or dental education, research, therapy, transplantation, or
2-11 the advancement of medical or dental science;
2-12 (3) [(2)] an accredited medical, chiropractic, or
2-13 dental school, college, or university, to be used only for
2-14 education, research, therapy, or the advancement of medical or
2-15 dental science;
2-16 (4) [(3)] a bank or storage facility, to be used only
2-17 for medical or dental education, research, therapy,
2-18 transplantation, or the advancement of medical or dental science;
2-19 (5) [(4)] a person specified by a physician, to be
2-20 used only for therapy or transplantation needed by the person;
2-21 (6) [(5)] an eye bank the medical activities of which
2-22 are directed by a physician; or
2-23 (7) [(6)] the Anatomical Board of the State of Texas.
2-24 SECTION 3. Subsection (a), Section 692.006, Health and
2-25 Safety Code, is amended to read as follows:
2-26 (a) A person may make a gift to a specified donee. If the
3-1 person dies in this state and does not specify the donee and the
3-2 gift is a vascular organ that is suitable for transplantation, a
3-3 qualified organ procurement organization in this state is
3-4 considered the specified donee. For any other [If the] gift that
3-5 is not made to a specified donee, the attending physician may
3-6 accept the gift as donee at the time of death or after death.
3-7 SECTION 4. Chapter 692, Health and Safety Code, is amended
3-8 by adding Section 692.0145 to read as follows:
3-9 Sec. 692.0145. DISTRIBUTION OF VASCULAR ORGANS FOR
3-10 TRANSPLANTATION. (a) A qualified organ procurement organization
3-11 that receives the gift of a vascular organ that is suitable for
3-12 transplantation shall distribute the organ for transplantation to
3-13 an individual on a waiting list to be transplanted at a transplant
3-14 center in this state.
3-15 (b) The qualified organ procurement organization may
3-16 transfer a vascular organ to an out-of-state organ procurement
3-17 organization or a suitable out-of-state recipient for
3-18 transplantation if:
3-19 (1) a suitable recipient in this state cannot be found
3-20 in a reasonable amount of time; or
3-21 (2) the transfer is made in accordance with a
3-22 reciprocal agreement with an out-of-state organ procurement
3-23 organization.
3-24 SECTION 5. Chapter 692, Health and Safety Code, is amended
3-25 by adding Section 692.0147 to read as follows:
3-26 Sec. 692.0147. OPTIMUM ORGAN ALLOCATION POLICY. (a) In
4-1 this section:
4-2 (1) "Department" means the Texas Department of Health;
4-3 and
4-4 (2) "Task force" means the public multi-disciplinary
4-5 task force on organ allocation established under this section.
4-6 (b) Not later than July 1, 1999, the department shall
4-7 establish a 13-member public task force on organ allocation in this
4-8 state. The task force shall be composed of:
4-9 (1) three individuals who represent each of the three
4-10 qualified organ procurement organizations in this state;
4-11 (2) three individuals with medical expertise in organ
4-12 transplantation nominated by a statewide medical association,
4-13 representing each of the three qualified organ procurement regions
4-14 in this state;
4-15 (3) three individuals with expertise in organ
4-16 transplantation nominated by transplant centers in this state,
4-17 representing each of the three qualified organ procurement regions
4-18 in this state;
4-19 (4) three members from the patient community,
4-20 including patients waiting on vascularized organ transplantation
4-21 lists in this state, representing each of the three qualified organ
4-22 procurement regions in this state; and
4-23 (5) one individual representing the operator of the
4-24 national Organ Procurement and Transplantation Network and
4-25 scientific registry of transplantation recipients, serving in an
4-26 advisory capacity.
5-1 (c) Not later than October 1, 2000, the task force shall
5-2 examine the technical and policy issues surrounding the current
5-3 organ allocation policy in this state and develop and implement an
5-4 optimum organ allocation policy for Texas. The policy shall
5-5 consider, but is not limited to, the following criteria:
5-6 (1) federal guidelines, as established by the
5-7 appropriate federally designated entity;
5-8 (2) the utility of each organ recovered, in terms of:
5-9 (A) organ type;
5-10 (B) patient survival rates;
5-11 (C) retransplantation rates;
5-12 (D) transportation issues; and
5-13 (E) medical urgency;
5-14 (3) the efficiency and productivity of each organ
5-15 procurement region, including import and export ratios;
5-16 (4) waiting times at each transplant center in this
5-17 state;
5-18 (5) standardized listing criteria for transplant
5-19 candidates;
5-20 (6) the role that local transplant centers and
5-21 referral patterns play in providing access to care in this state;
5-22 (7) community efforts to encourage organ procurement;
5-23 and
5-24 (8) the need to encourage organ sharing within each
5-25 region of the state.
5-26 (d) Not later than December 1, 2000, the task force shall
6-1 submit a detailed, written report to the governor and the
6-2 legislature. The report shall include:
6-3 (1) the components of the optimum organ allocation
6-4 policy; and
6-5 (2) the recommendations for legislation that the task
6-6 force considers necessary to implement the optimum organ allocation
6-7 policy, if appropriate.
6-8 (e) The department shall provide administrative support and
6-9 services to the task force.
6-10 (f) Task force members receive no compensation for their
6-11 service.
6-12 (g) In addition to any funds appropriated, the department
6-13 may receive and accept gifts, grants, donations, and any other type
6-14 of funds or things of value from any source to carry out the duties
6-15 and responsibilities of the task force.
6-16 (h) This section expires and the task force is abolished
6-17 December 31, 2000.
6-18 SECTION 6. The importance of this legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended,
6-23 and that this Act take effect and be in force from and after its
6-24 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 862 passed the Senate on
April 23, 1999, by the following vote: Yeas 29, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 862 passed the House on
May 22, 1999, by the following vote: Yeas 144, Nays 0, one present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor