This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
S.B. No. 1419
AN ACT
relating to anatomical specimens and donees of anatomical gifts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 691.001, Health and Safety Code, is
amended to read as follows:
Sec. 691.001. DEFINITIONS. In this chapter:
(1) "Board" means the Anatomical Board of the State of
Texas.
(2) "Body" means a human corpse.
(3) "Anatomical specimen" means a part of a human
corpse.
SECTION 2. Subsection (c), Section 691.007, Health and
Safety Code, is amended to read as follows:
(c) The board shall keep identification records of each body
donated to the board and of each body or anatomical specimen
distributed by the board.
SECTION 3. Subsection (a), Section 691.008, Health and
Safety Code, is amended to read as follows:
(a) The board may set and collect reasonable and necessary
fees for receiving and distributing bodies and anatomical
specimens.
SECTION 4. The heading to Subchapter B, Chapter 691, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER B. DONATION AND DISTRIBUTION OF BODIES AND
ANATOMICAL SPECIMENS
SECTION 5. Section 691.022, Health and Safety Code, is
amended to read as follows:
Sec. 691.022. GENERAL DUTIES. (a) The board shall
distribute bodies and anatomical specimens to institutions [and
persons] authorized to receive them [bodies].
(b) The board shall adopt rules to ensure that each body and
anatomical specimen in the custody of the board or an institution
represented on the board is treated with respect.
SECTION 6. Subsection (a), Section 691.028, Health and
Safety Code, is amended to read as follows:
(a) An adult living in this state who is of sound mind may
donate his body by will or other written instrument to the board, a
medical or dental school, or another [other] donee authorized by
the board, to be used for the advancement of medical science.
SECTION 7. Section 691.030, Health and Safety Code, is
amended to read as follows:
Sec. 691.030. BOARD'S AUTHORITY TO DISTRIBUTE BODIES AND
ANATOMICAL SPECIMENS. (a) The board or the board's representative
shall distribute bodies donated to it and may redistribute bodies
donated to medical or dental schools or other donees authorized by
the board [received under this chapter] to schools and colleges of
chiropractic, osteopathy, medicine, or dentistry incorporated in
this state, to physicians, and to other persons as provided by this
section.
(b) In making the distribution, the board shall give
priority to the schools and colleges that need bodies for lectures
and demonstrations.
(c) If the board has remaining bodies, the board or the
board's representative shall distribute or redistribute those
bodies to the schools and colleges proportionately and equitably
according to the number of students in each school or college
receiving instruction or demonstration in normal or morbid anatomy
and operative surgery. The dean of each school or college shall
certify that number to the board when required by the board.
(d) [The board or the board's representative may, instead of
receiving and distributing bodies itself, authorize a physician to
receive a body directly. The board or the board's representative
shall determine the number of bodies a physician may receive.
[(e) The board or the board's representative may distribute
to the State Board of Morticians as many bodies as necessary for use
in conducting examinations. In addition, the board or the board's
representative may distribute to a school of mortuary science
recognized and approved by the State Board of Morticians as many
bodies as the board considers necessary for use in instruction.
[(f)] The board may 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 [there is a
shortage of bodies in that state, but only if the other state agrees
to ship surplus bodies to this state when the board determines that
there is a shortage] in this state and if:
(1) the deceased donated his body in compliance with
Section 691.028 and at the time of the donation authorized the board
to transport the body outside this state; or
(2) the body was donated in compliance with Chapter
692 (Texas Anatomical Gift Act) and the person authorized to make
the donation under Section 692.004 authorized the board to
transport the body outside this state.
SECTION 8. Section 691.031, Health and Safety Code, is
amended to read as follows:
Sec. 691.031. TRANSPORTATION OF BODIES; RECORDS. (a) The
board shall adopt rules to ensure that each body or anatomical
specimen received or distributed by the board is properly
transported.
(b) The board may employ a public carrier to transport
bodies or anatomical specimens received or distributed by the
board.
(c) Each body or anatomical specimen shall be carefully
deposited and transported with the least possible public display.
(d) A person or institution who sends a body or anatomical
specimen under this chapter shall keep on permanent file a
description of the body or anatomical specimen that includes the
deceased's name, if known, color, sex, age, place and supposed
cause of death, and any other information available for
identification of the body or anatomical specimen, such as the
existence of scars or deformities.
(e) The sender shall mail or otherwise safely convey to the
person or institution to whom the body is sent a copy of the
description required by Subsection (d). The person or institution
receiving the body or anatomical specimen shall immediately and
safely transmit to the sender a receipt [for the body] containing
the full terms of the description furnished by the sender.
(f) The sender and receiver of each body or anatomical
specimen shall file the records required under this section in
accordance with board rules so that the board or a district or
county attorney may inspect the records at any time.
SECTION 9. Section 691.032, Health and Safety Code, is
amended to read as follows:
Sec. 691.032. COSTS OF DISTRIBUTION. A person or
institution receiving a body or anatomical specimen under this
chapter shall pay in a manner specified by the board, or as
otherwise agreed on, all costs incurred in distributing the body or
anatomical specimen so that the state, a county, a municipality, or
an officer, employee, or representative of the state, a county, or a
municipality does not incur any expense.
SECTION 10. Section 691.033, Health and Safety Code, is
amended by amending the section heading and Subsections (a) and (b)
to read as follows:
Sec. 691.033. USE OF BODIES AND ANATOMICAL SPECIMENS.
(a) To further medical science, a school, college, or person
designated by the board may dissect, operate on, examine, and
experiment on a body or anatomical specimen distributed under this
chapter.
(b) A school, college, or person shall keep a permanent
record of each body or anatomical specimen received from the board
or the board's representative. The record must be sufficient to
identify the body or anatomical specimen and may be inspected by the
board or the board's representative.
SECTION 11. Section 691.034, Health and Safety Code, is
amended to read as follows:
Sec. 691.034. REGULATION OF PERSONS AND INSTITUTIONS USING
BODIES AND ANATOMICAL SPECIMENS. (a) The board shall inspect and
may approve institutions for the receipt and use of bodies and
anatomical specimens under this chapter.
(b) The board may investigate a person or institution if the
board has reason to believe that the person or institution has
improperly used a body or anatomical specimen.
(c) The board may suspend or revoke a person's or
institution's authorization to receive and dissect bodies or
anatomical specimens if the board determines that the person or
institution has improperly used a body or anatomical specimen.
(d) A person or institution is entitled to a hearing before
the board or a hearing examiner appointed by the board before the
board may revoke the person's or institution's authorization to
receive and dissect bodies or anatomical specimens. The board
shall make all final decisions to suspend or revoke an
authorization.
SECTION 12. Section 692.005, Health and Safety Code, is
amended to read as follows:
Sec. 692.005. PERSONS WHO MAY BECOME DONEES. (a) The
following persons may be donees of gifts of bodies or parts of
bodies:
(1) a qualified organ procurement organization, for
distribution to another person who may be a donee under this
section, to be used for transplantation;
(2) a hospital or physician, to be used only for
[medical or dental education, research,] therapy or[,]
transplantation[, or the advancement of medical or dental science];
(3) [an accredited medical, chiropractic, or dental
school, college, or university, to be used only for education,
research, therapy, or the advancement of medical or dental science;
[(4)] a bank or storage facility, to be used only for
[medical or dental education, research,] therapy or[,]
transplantation[, or the advancement of medical or dental science];
(4) [(5)] a person specified by a physician, to be
used only for therapy or transplantation needed by the person;
(5) [(6)] an eye bank the medical activities of which
are directed by a physician; or
(6) [(7)] the Anatomical Board of the State of Texas.
(b) The Anatomical Board of the State of Texas shall be the
donee of gifts of bodies or parts of bodies made for education or
research, which are subject to distribution by that board under
Chapter 691.
SECTION 13. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1419 passed the Senate on
April 25, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1419 passed the House on
May 28, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor