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.