SRC-TJG S.B. 1419 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1419
By: Janek
Health & Human Services
8/25/2003
Enrolled


DIGEST AND PURPOSE 

The Anatomical Board of the State of Texas (board) lacks provisions for
the receipt of anatomical specimens.  In addition, current law provides a
parallel way for anatomical material to be donated to certain persons and
entities.  S.B. 1419 authorizes the board to accept anatomical specimens
and gives the board authority over bodies or specimens donated directly to
schools. 

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 Section 691.001, Health and Safety Code, to define
"anatomical specimen." 

SECTION 2.  Amends Subsection (c), Section 691.007, Health and Safety
Code, to require the Anatomical Board of the State of Texas (board) to
keep identification records of each body donated to the board and of each
body or anatomical specimen distributed by the board. 

SECTION 3.  Amends Subsection (a), Section 691.008, Health and Safety
Code, to make a conforming change. 

SECTION 4.  Amends the heading to Subchapter B, Chapter 691, Health and
Safety Code, to read as follows: 

SUBCHAPTER B.  DONATION AND DISTRIBUTION OF BODIES AND ANATOMICAL SPECIMENS

SECTION 5.  Amends Section 691.022, Health and Safety Code, to make
conforming changes. Deletes existing text related to distributing bodies
to persons. 

SECTION 6.  Amends Subsection (a), Section 691.028, Health and Safety
Code, to make conforming and nonsubstantive changes. 

SECTION 7.  Amends Section 691.030, Health and Safety Code, as follows:

Sec. 691.030.  New heading: BOARD'S AUTHORITY TO DISTRIBUTE BODIES AND
ANATOMICAL SPECIMENS.  (a) Requires the board or the board's
representative to distribute bodies donated to it and authorizes the board
or the board's representative to redistribute bodies donated to medical or
dental schools or other donees authorized by the board, rather than
received under this chapter, to certain schools, colleges, and persons. 

(b) Requires the board, in making the distribution, to give priority to
certain schools. 

(c) Makes a conforming change.  Deletes existing Subsections (d), related
to a  doctor receiving a body directly, and (e), related to distribution
of bodies to the State Board of Morticians. 

(d) Redesignates existing Subsection (f) as (d).  Authorizes the board to
transport a body or anatomical specimen to an authorized recipient in
another state if the board determines that the supply of bodies or
anatomical specimens in this state exceeds the need for bodies or
anatomical specimens in this state and if other conditions apply.  Deletes
existing text related to another state shipping excess bodies to this
state when the board determines there is a shortage. 

SECTION 8.  Amends Section 691.031, Health and Safety Code, as follows:

(a)-(d) Make conforming changes.

(e) Makes a conforming change.  Deletes existing text relating to a
receipt for the body. 

SECTION 9.  Amends Section 691.032, Health and Safety Code, to make
conforming changes. 

SECTION 10.  Amends Section 691.033, Health and Safety Code, as follows:

Sec. 691.033.  New heading: USE OF BODIES AND ANATOMICAL SPECIMENS.  (a)
and (b)  Make conforming changes. 

SECTION 11.  Amends Section 691.034, Health and Safety Code, as follows:

Sec. 691.034.  New heading: REGULATION OF PERSONS AND INSTITUTIONS USING
BODIES AND ANATOMICAL SPECIMENS.  (a)-(d) Make conforming changes. 

SECTION 12.  Amends Section 692.005, Health and Safety Code, as follows:

(a) Created from existing text.  Authorizes certain persons to be donees
of gifts of bodies or of parts of bodies.  Deletes text related to donees
used only for medical or dental education, research, or the advancement of
medical or dental science.  Deletes existing text related to donees'
bodies or body parts used in an accredited medical, chiropractic, or
dental school, college, or university, to be used for education, research,
therapy, or the advancement of medical or dental science.  Redesignates
existing Subdivisions (5), (6), and (7) as (4), (5), and (6). 

(b) Requires the board to be the donee of gifts of bodies or parts of
bodies made for education or research, which are subject to distribution
by the board under Chapter 691. 

SECTION 13.  Effective date: September 1, 2003.