By:  Zaffirini                                                            S.B. No. 62



A BILL TO BE ENTITLED

AN ACT

relating to the next of kin's or guardian's right to request an 
autopsy on the death of a resident of a convalescent or nursing 
home.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter L, Chapter 242, Health and Safety 
Code, is amended by adding Sections 242.506 and 242.507 to read as 
follows:
	Sec. 242.506.  AUTOPSY REQUEST FORM.  (a)  If an inquest is 
not required by law, on the death of a resident, the resident's next 
of kin or guardian may, on a signed autopsy request form delivered 
to the institution:
		(1)  request that an autopsy be performed by a 
physician designated by law to conduct autopsies in the county 
where the institution is located;
		(2)  request that the designated physician for the 
county view the resident's body and sign the death certificate at 
the institution before the body is removed; or
		(3)  waive the right to request that the designated 
physician for the county act under Subdivision (1) or (2) and allow 
a physician designated by the institution to view the body and sign 
the death certificate.
	(b)  The next of kin or guardian of a resident is responsible 
for any costs associated with a request under Subsection (a)(1) or 
(2).
	(c)  The resident's body may not be 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)  On admittance of a resident to an institution, the 
institution shall provide a written statement of the rights 
provided by this section to the resident's next of kin or guardian.  
On the death of a resident, the institution shall provide a copy of 
an autopsy request form to the resident's next of kin or guardian.
	Sec. 242.507.  DEVELOPMENT OF AUTOPSY REQUEST FORM AND 
STATEMENT OF RIGHTS.  (a)  The Texas Department on Aging shall 
develop and provide to institutions the autopsy request form 
required under Section 242.506(a) and the written statement of 
rights required under Section 242.506(d).
	(b)  In developing the request form and statement of rights, 
the Texas Department on Aging shall solicit input from 
institutions, the department, and other interested persons.
	(c)  An institution is responsible for the printing expense 
of the request form and statement.
	SECTION 2.  The heading to Subchapter L, Chapter 242, Health 
and Safety Code, is amended to read as follows:

SUBCHAPTER L. RIGHTS OF RESIDENTS AND NEXT OF KIN
	SECTION 3.  (a)  The Texas Department on Aging shall develop 
and provide to the institutions the request form and written 
statement of rights required by Section 242.507, Health and Safety 
Code, as added by this Act, not later than January 1, 2004.
	(b)  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.  This Act takes effect September 1, 2003.