SRC-VRA, TAG S.B. 62 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 62
78R1422 YDB-DBy: Zaffirini
Health and Human Services
4/2/2003
As Filed


DIGEST AND PURPOSE 


Under current law when a person dies in a nursing home the coroner does
not have to be notified. The person can be sent directly to a funeral home
and then buried.  The coroner is only notified if a family member or
advocate knows to notify the coroner and request an autopsy.  As proposed,
S.B. 62 requires nursing homes to have each family member read a notice
regarding coroner notification. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 242L, Health and Safety Code, by adding
Sections 242.506 and 242.507, as follows: 

Section 242.506. AUTOPSY REQUEST FORM.  Authorizes the resident's next
kin, or guardian, if an inquest is not required by law on the death of a
convalescent or nursing home resident, to request certain actions
regarding an autopsy. 

(b)  Provides that the next of kin or guardian of a resident is
responsible for any cost associated with a request under Subsection (a).  

(c)   Prohibits the resident's body from being prepared for burial or
disposition by cremation or another method by which tissue of the body is
removed or destroyed until the resident's  next of kin or guardian has
signed the form required by Subsection (a).   

(d)  Requires the institution, on admittance of a resident, to provide a
written statement of rights provided by this section to the resident's
next of kin or guardian.  Requires the institution, on the death of a
resident, to provide a copy of an autopsy request form to the resident's
next of kin or guardian.  

  Section 242.507.  DEVELOPMENT OF AUTOPSY REQUEST FORM AND 
STATEMENT OF RIGHTS.  Requires the Texas Department on Aging (TDA) to
develop and provide to institutions the autopsy request form required by
Section 242.506 (a) and the written statement of right required by Section
242. 506 (d). Requires TDA, while developing the request form and
statement of rights, to solicit input from the institutions, the
department, and other interested persons. Provides that an institution is
responsible for the printing expense of the request form and statement. 
   
SECTION 2.  Amends the heading to Subchapter L, Chapter 242, Health and
Safety Code, to read as follows: 

  Subchapter L.  RIGHTS OF RESIDENTS AND NEXT OF KIN
 
SECTION 3.  Requires TDA, by January 1, 2004,  to develop and to provide
institutions with the request form and written statement of rights
required by Section 242.507, Health and Safety Code, as added by this Act.
Provides that an institution is not required to comply with Section
242.506, Health and Safety Code, as added by this Act, before January 1,
2004. 

SECTION 4.  Effective date:  September 1, 2003.