78R6974 DLF-F
By: Nelson S.B. No. 1225
A BILL TO BE ENTITLED
AN ACT
relating to the removal of a body part or tissue from decedent who
died under circumstances requiring an inquest.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 693.002, 693.003, and 693.005, Health
and Safety Code, are amended to read as follows:
Sec. 693.002. REMOVAL OF BODY PART OR TISSUE FROM DECEDENT
WHO DIED UNDER CIRCUMSTANCES REQUIRING AN INQUEST. (a)(1) On a
request from a qualified organ procurement organization, as defined
in Section 692.002, the medical examiner or justice of the peace may
permit the removal of organs from a decedent who died under
circumstances requiring an inquest by the medical examiner or
justice of the peace if consent is obtained pursuant to Section
693.003.
(2) If no autopsy is required, the organs to be
transplanted shall be released in a timely manner to the qualified
organ procurement organization, as defined in Section 692.002, for
removal and transplantation.
(3) If an autopsy is required and the medical examiner
or justice of the peace determines that the removal of the organs
will not interfere with the subsequent course of an investigation
or autopsy, the organs shall be released in a timely manner for
removal and transplantation. The autopsy will be performed in a
timely manner following the removal of the organs.
(4) If the medical examiner or justice of the peace is
considering withholding one or more organs of a potential donor for
any reason, the medical examiner or justice of the peace shall be
present during the removal of the organs. In such case, the medical
examiner or justice of the peace may request a biopsy of those
organs or deny removal of the anatomical gift. If the medical
examiner or justice of the peace denies removal of the anatomical
gift, the medical examiner or justice of the peace shall explain in
writing the reasons for the denial. The medical examiner or justice
of the peace [and] shall provide the explanation to:
(A) the qualified organ procurement
organization; and
(B) any person listed in Section 693.004 who is
actually known to the medical examiner or justice of the peace.
(5) If, in performing the duties required by this
subsection, the medical examiner or justice of the peace is
required to be present at the hospital to examine the decedent prior
to removal of the organs or during the procedure to remove the
organs, the qualified organ procurement organization shall on
request reimburse the county or the entity designated by the county
for the actual costs incurred in performing such duties, not to
exceed $1,000. Such reimbursements shall be deposited in the
general fund of the county. The payment shall be applied to the
additional costs incurred by the medical examiner's or justice of
the peace's office in performing such duties, including the cost of
providing coverage beyond the regular business hours of the
[medical examiner's] office. The payment shall be used to
facilitate the timely procurement of organs in a manner consistent
with the preservation of the organs for the purposes of
transplantation.
(6) At the medical examiner's or justice of the peace's
request, the health care professional removing organs from a
decedent who died under circumstances requiring an inquest shall
file with the medical examiner or justice of the peace a report
detailing the condition of the organs removed and their
relationship, if any, to the cause of death.
(b) On a request from a qualified tissue procurement
organization, as defined in Section 692.002, the medical examiner
or justice of the peace may permit the removal of tissue believed
to be clinically usable for transplants or other therapy or
treatment from a decedent who died under circumstances requiring an
inquest by the medical examiner or justice of the peace if consent
is obtained pursuant to Section 693.003 or, if consent is not
required by that section, no objection by a person listed in Section
693.004 is known by the medical examiner or justice of the peace. If
the medical examiner or justice of the peace denies removal of the
tissue, the medical examiner or justice of the peace shall explain
in writing the reasons for the denial. The medical examiner or
justice of the peace shall provide the explanation to:
(1) the qualified organ procurement organization; and
(2) any person listed in Section 693.004 who is
actually known to the medical examiner or justice of the peace.
Sec. 693.003. CONSENT REQUIRED IN CERTAIN CIRCUMSTANCES.
(a) A medical examiner or a person acting on the authority of a
medical examiner or a justice of the peace may not remove a visceral
organ unless the medical examiner, justice of the peace, or person
obtains the consent of a person listed in Section 693.004.
(b) If a person listed in Section 693.004 is known and
available within four hours after death is pronounced, a medical
examiner or a person acting on the authority of a medical examiner
or a justice of the peace may not remove a nonvisceral organ or
tissue unless the medical examiner, justice of the peace, or person
obtains that person's consent.
(c) If a person listed in Section 693.004 cannot be
identified and contacted within four hours after death is
pronounced and the medical examiner or justice of the peace
determines that no reasonable likelihood exists that a person can
be identified and contacted during the four-hour period, the
medical examiner or justice of the peace may permit the removal of
a nonvisceral organ or tissue.
Sec. 693.005. IMMUNITY FROM DAMAGES IN CIVIL ACTION. In a
civil action brought by a person listed in Section 693.004 who did
not object before the removal of tissue or a body part specified by
Section 693.002, a medical examiner, justice of the peace, medical
facility, physician acting on permission of a medical examiner or
justice of the peace, or person assisting a physician is not liable
for damages on a theory of civil recovery based on a contention that
the plaintiff's consent was required before the body part or tissue
could be removed.
SECTION 2. This Act applies to an inquest conducted on or
after the effective date of this Act. An inquest conducted before
the effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for this purpose.
SECTION 3. This Act takes effect July 1, 2003, if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for effect on that
date, this Act takes effect September 1, 2003.