SRC-VRA, MLC S.B. 160 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 160
78R1641 YDB-DBy: Nelson
Health and Human Services
4/11/2003
As Filed


DIGEST AND PURPOSE 

Current Texas law does not address the need for educating individuals
regarding anatomical gifts.  As proposed, S.B. 160 requires the Texas
Department of Health to develop a program to educate health care providers
and attorneys on human organ donation and encourages medical and nursing
schools to include organ donation education classes in their curriculum.  

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 49, Health and Safety Code, by adding Section
49.002, as follows: 

Section 49.002.  EDUCATION FOR HEALTH CARE PROVIDERS AND ATTORNEYS.
Requires the Texas Department of Health (TDH) to develop an educational
program regarding anatomical gifts for health care providers and attorneys
in Texas.  Requires the program to encourage attorneys to individuals
seeking legal counsel for end-of-life decisions to provide organ donation
information.  Requires medical and nursing schools in Texas to include
mandatory organ donation education in their curricula.  Requires TDH to
encourage medical schools and hospitals in Texas to require a physician in
either a neurology or neurosurgery residency program to complete an
advanced course in organ donation education.   

SECTION 2.  Amends Section 692.0145, Health and Safety Code, by adding
Subsection (c) to require TDH to adopt rules to ensure that 20 percent or
more of vascular organs received and distributed by a qualified organ
procurement organization be distributed to individuals who have been on a
Texas transplant center's waiting list for organ transplantation for the
longest period.   

SECTION 3.  Effective date: September 1, 2003.