SRC-TJG C.S.S.B. 1225 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1225
78R10862 DLF-FBy: Nelson
Health & Human Services
4/8/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, only the medical examiner is authorized to permit the removal
of a body part or tissue from a decedent who died under circumstances
requiring an inquest.  C.S.S.B. 1225 authorizes a justice of the peace,
county judge, or physician designated by the justice of the peace or
county judge to permit the same action.  This bill also requires an
explanation in writing to certain persons, for the denial of organs or
tissue, as is currently the procedure for medical examiners. 

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 Sections 693.002 and 693.005, Health and Safety Code,
as follows: 

Sec. 693.002.  REMOVAL OF BODY PART OR TISSUE FROM DECEDENT WHO DIED UNDER
CIRCUMSTANCES REQUIRING AN INQUEST.  (a) Adds the justice of the peace,
county judge, or physician designated by the justice of the peace or
county judge to the list of individuals authorized to permit the removal
of organs from a decedent who died under certain circumstances.  Requires
the medical examiner to provide the explanation to any person listed in
Section 693.004 who consented to the removal. Requires certain individuals
be present during the removal of the organs and authorizes those
individuals to request the biopsy or deny the removal of the anatomical
gift, if the autopsy is not being performed by a medical examiner and one
or more organs is authorized to be held. Requires the payment to be
applied to the additional costs incurred by the office of certain
individuals in performing certain duties.  Requires the health care
professional removing organs from certain decedents to take a certain
action at the request of certain individuals.  Makes conforming and
nonsubstantive changes.  

(b) Requires the medical examiner, if the medical examiner denies removal
of the tissue, to explain in writing the reasons for the denial.  Requires
the medical examiner to provide the explanation to certain persons.  

(c) Authorizes certain individuals to permit the removal of tissue in the
same manner as a medical examiner under Subsection (b), if the autopsy is
not being performed by a medical examiner.  Requires certain individuals
to provide the written explanation required by Subsections (b)(1) and (2),
if removal of the anatomical gift is denied. 

Sec. 693.005.  IMMUNITY FROM DAMAGES IN CIVIL ACTION.  Makes conforming
changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: July 1, 2003, or September 1, 2003.

SUMMARY OF COMMITTEE CHANGES
 
Differs from original in SECTION 1 by not amending Section 693.003, Health
and Safety Code. Adds the county judge, and a physician designated by the
justice of the peace or county judge to the list of individuals authorized
to permit the removal of organs from a decedent who died under certain
circumstances.  Adds the county judge and a designated physician to the
list of individuals allowed to determine if the removal of the organs will
interfere with the subsequent course of an investigation.  Deletes the
justice of the peace as an official able to consider withholding organs
for any reason and taking subsequent actions.  Requires the medical
examiner to provide the explanation to any person listed in Section
693.004 who consented to the removal, rather than who is actually known to
the medical examiner or justice of the peace. Requires certain individuals
be present during the removal of the organs and authorizes those
individuals to request the biopsy or deny the removal of the anatomical
gift, if the autopsy is not being performed by a medical examiner and one
or more organs is authorized to be held. Requires the justice of the
peace, county judge, or designated physician to be present at an autopsy,
if the autopsy is not performed by the medical examiner, during the
procedure to remove the organs.  Requires the payment to be applied to the
additional costs incurred by the office of the medical examiner, justice
of the peace, or county judge, rather than the examiner's office, in
performing certain duties.  Adds county judge to the list of individuals
with whom the health care professional removing organs from certain
decedents may file a certain report.  Adds new Section 693.002(c).