SRC-MKV S.B. 1477 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1477
77R9064 YDB-DBy: Nelson
Health & Human Services
3/26/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas does not have a statewide comprehensive human organ
allocation distribution system. The Senate Bill 862 Task Force was charged
by the 76th Legislature with assessing the current organ allocation system
including the productivity of each organ procurement area, waiting times at
each transplant center in the state, standardized listing criteria for
transplant candidates, community efforts to encourage organ donation, and
the need to encourage organ donation within the state.  As proposed, S.B.
1477 requires the Texas Department of Health to develop a program to
educate health care providers and attorneys about anatomical gifts and to
adopt rules to ensure that at least twenty percent of vascular organs
received and distributed by a qualified organ procurement organization are
distributed for transplantation to those who have been on a waiting list
for the longest period for a transplantation. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of Health
in SECTION 2 (Section 692.0145, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 46, Health and Safety Code, as added by Chapter
1516, Acts of the 76th Legislature, Regular Session, 1999, by adding
Section 46.002, as follows: 

Sec. 46.002.  EDUCATION FOR HEALTH CARE PROVIDERS AND ATTORNEYS. (a)
Requires the Texas Department of Health (department) to develop a program
to educate health care providers and attorneys about anatomical gifts. 

(b) Requires the program to encourage attorneys to provide clients seeking
legal advice for end-of-life decisions with information related to organ
donation. 

(c) Requires the department to encourage medical schools and nursing
schools to include mandatory education relating to organ donation in the
schools' curriculum. 

(d) Requires the department to encourage medical schools and hospitals in
this state to require each resident in neurology or neurosurgery to
complete an advanced course in organ donor education. 

SECTION 2.  Amends Section 692.0145, Health and Safety Code, by adding
Subsection (c), to require the department to adopt rules to ensure that at
least 20 percent of vascular organs received and distributed by a qualified
organ procurement organization are distributed for transplantation to
individuals who have been on a waiting list for the longest period for a
transplantation at a transplant center in this state. 

SECTION 3.  Effective date: September 1, 2001.