By: Nelson S.B. No. 1225
(In the Senate - Filed March 12, 2003; March 19, 2003, read
first time and referred to Committee on Health and Human Services;
April 14, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 14, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1225 By: Nelson
A BILL TO BE ENTITLED
AN ACT
relating to the removal of a body part or tissue from a decedent who
died under circumstances requiring an inquest.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 693.002 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, justice of the peace,
county judge, or physician designated by the justice of the peace or
county judge may permit the removal of organs from a decedent who
died under circumstances requiring an inquest by the medical
examiner, justice of the peace, or county judge 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, justice of the peace, county judge, or designated
physician 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 is considering withholding
one or more organs of a potential donor for any reason, the medical
examiner shall be present during the removal of the organs. In such
case, the medical examiner may request a biopsy of those organs or
deny removal of the anatomical gift. If the medical examiner denies
removal of the anatomical gift, the medical examiner shall explain
in writing the reasons for the denial. The medical examiner [and]
shall provide the explanation to:
(A) the qualified organ procurement
organization; and
(B) any person listed in Section 693.004 who
consented to the removal.
(5) If the autopsy is not being performed by a medical
examiner and one or more organs may be withheld, the justice of the
peace, county judge, or designated physician shall be present
during the removal of the organs and may request the biopsy or deny
removal of the anatomical gift. If removal of the anatomical gift
is denied, the justice of the peace, county judge, or physician
shall provide the written explanation required by Subdivisions
(4)(A) and (B).
(6) If, in performing the duties required by this
subsection, the medical examiner or, in those cases in which an
autopsy is not performed by a medical examiner, the justice of the
peace, county judge, or designated physician 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 office of the medical examiner, justice of the
peace, or county judge [examiner'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.
(7) [(6)] At the request of the medical examiner or,
in those cases in which an autopsy is not performed by a medical
examiner, the justice of the peace, county judge, or designated
physician [examiner's request], the health care professional
removing organs from a decedent who died under circumstances
requiring an inquest shall file with the medical examiner, justice
of the peace, or county judge 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
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] 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. If the
medical examiner denies removal of the tissue, the medical examiner
shall explain in writing the reasons for the denial. The medical
examiner shall provide the explanation to:
(1) the qualified tissue procurement organization;
and
(2) the person listed in Section 693.004 who consented
to the removal.
(c) If the autopsy is not being performed by a medical
examiner, the justice of the peace, county judge, or designated
physician may permit the removal of tissue in the same manner as a
medical examiner under Subsection (b). If removal of the
anatomical gift is denied, the justice of the peace, county judge,
or physician shall provide the written explanation required by
Subsections (b)(1) and (2).
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, county
judge, medical facility, physician acting on permission of a
medical examiner, justice of the peace, or county judge, 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.
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