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A BILL TO BE ENTITLED
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AN ACT
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relating to human body and anatomical specimen donation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 691, Health and Safety |
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Code, is amended by adding Section 691.0225 to read as follows: |
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Sec. 691.0225. INFORMED CONSENT DOCUMENT. The board shall |
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develop an informed consent document to inform a potential living |
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donor or a person making a gift of a decedent's body or anatomical |
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specimen of the risks and benefits associated with donation. The |
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board shall make the document available on the board's Internet |
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website and for distribution by funeral homes and crematories. |
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SECTION 2. Section 691.031(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The board shall adopt rules to ensure that: |
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(1) each body or anatomical specimen received or |
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distributed by the board is properly transported; and |
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(2) each person who has control or possession of a body |
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or anatomical specimen: |
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(A) satisfactorily completes the information |
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required on a chain-of-custody form prescribed by the board; |
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(B) maintains a copy of the form for the person's |
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records; and |
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(C) transfers the form to any other person to |
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whom control or possession of the body or anatomical specimen is |
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transferred. |
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SECTION 3. Section 692.005, Health and Safety Code, is |
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amended by adding Subsections (d), (e), and (f) to read as follows: |
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(d) An organ procurement organization may not act as a donee |
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for a gift of a body or body part under this section unless the |
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organization has provided the Texas Funeral Service Commission and |
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the Anatomical Board of the State of Texas a copy of the |
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organization's organ procurement organization certification issued |
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by the appropriate federal agency. |
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(e) A qualified tissue procurement organization may not act |
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as a donee for a gift of a body or body part under this section |
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unless the organization has provided the Texas Funeral Service |
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Commission and the Anatomical Board of the State of Texas a copy of |
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the organization's accreditation by the American Association of |
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Tissue Banks or another accreditation organization approved by the |
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Texas Funeral Service Commission and the Anatomical Board of the |
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State of Texas. |
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(f) The Texas Funeral Service Commission and the Anatomical |
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Board of the State of Texas may adopt rules as necessary to |
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administer this section. |
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SECTION 4. Chapter 692, Health and Safety Code, is amended |
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by adding Section 692.0146 to read as follows: |
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Sec. 692.0146. INFORMED CONSENT DOCUMENT. The Anatomical |
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Board of the State of Texas shall develop an informed consent |
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document to inform a potential living donor or a person making an |
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anatomical gift of the risks and benefits associated with donation. |
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The board shall make the document available on the board's Internet |
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website and for distribution by funeral homes and crematories. |
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SECTION 5. Not later than January 1, 2010, the Anatomical |
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Board of the State of Texas shall: |
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(1) adopt the rules and form required under Section |
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691.031(a), Health and Safety Code, as amended by this Act; and |
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(2) develop the informed consent document required |
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under Sections 691.0225 and 692.0146, Health and Safety Code, as |
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added by this Act. |
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SECTION 6. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2009. |
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(b) Sections 692.005(d) and (e), Health and Safety Code, |
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take effect January 1, 2010. |