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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 person making a |
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gift of a decedent's body or anatomical specimen for purposes of |
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education or research of the risks and benefits associated with |
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donation. The board shall make the document available on the |
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board's Internet website. |
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SECTION 2. Subsection (a), Section 691.031, Health and |
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Safety Code, is 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; |
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(2) a label with the statement "CONTENTS DERIVED FROM |
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DONATED HUMAN TISSUE" is affixed to the container in which the body |
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or anatomical specimen is transported; and |
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(3) 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) and (e) to read as follows: |
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(d) 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 Health and Human Services |
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Commission a copy of the organization's accreditation by the |
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American Association of Tissue Banks, the Eye Bank Association of |
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America, or another accreditation organization approved by the |
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commission. |
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(e) The executive commissioner of the Health and Human |
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Services Commission may adopt rules as necessary to administer this |
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section. |
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SECTION 4. 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 Subsection |
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(a), Section 691.031, Health and Safety Code, as amended by this |
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Act; and |
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(2) develop the informed consent document required |
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under Section 691.0225, Health and Safety Code, as added by this |
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Act. |
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SECTION 5. (a) Notwithstanding Section 692.005, Health |
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and Safety Code, as amended by this Act, a qualified tissue |
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procurement organization is not required to be accredited under |
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Subsection (d), Section 692.005, Health and Safety Code, as added |
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by this Act, on the effective date of this Act, but must comply with |
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this section. |
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(b) A qualified tissue procurement organization that is |
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accredited on the effective date of this Act shall submit proof of |
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accreditation to the Health and Human Services Commission as |
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required under Subsection (d), Section 692.005, Health and Safety |
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Code, as added by this Act, not later than March 1, 2010. |
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(c) A qualified tissue procurement organization that is not |
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accredited on the effective date of this Act shall: |
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(1) submit proof to the Health and Human Services |
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Commission that the organization has applied for accreditation not |
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later than March 1, 2010; and |
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(2) submit proof to the Health and Human Services |
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Commission that the organization is accredited as required by |
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Subsection (d), Section 692.005, Health and Safety Code, as added |
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by this Act, not later than March 1, 2011. |
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SECTION 6. This Act takes effect September 1, 2009. |
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* * * * * |