BILL ANALYSIS

 

 

Senate Research Center

C.S.S.B. 187

 

By: Nelson

 

Health & Human Services

 

2/16/2011

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In October 2007, a truck full of embalmed human heads used for medical training was found on a Texas highway without any written documentation.  Surprisingly, there is currently no written chain-of-custody documentation required for the transport of bodies and body parts in Texas.

 

C.S.S.B. 187 requires more stringent documentation for the transportation of bodies and body parts.  It also requires the creation of an informational document for people making an anatomical donation for research purposes so that they are fully informed about their options, and the risks and benefits associated with making an anatomical donation for research purposes.

 

C.S.S.B. 187 amends current law relating to human body and anatomical specimen donation.

 

RULEMAKING AUTHORITY

 

Rulemaking authority previously granted to the Anatomical Board of the State of Texas is modified in SECTION 2 (Section 691.031, Health and Safety Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter B, Chapter 691, Health and Safety Code, by adding Section 691.0225, as follows:

 

Sec. 691.0225.  INFORMATIONAL DOCUMENT.  Requires the Anatomical Board of the State of Texas (board) to develop a document to inform a person making a gift of a decedent's body or anatomical specimen for purposes of education or research of the risks and benefits associated with donation.  Requires the board to make the document available on the board's Internet website.

 

SECTION 2.  Amends Section 691.031(a), Health and Safety Code, as follows:

 

(a)  Requires the board to adopt rules to ensure that:

 

(1)  each body or anatomical specimen received or distributed by the board is properly transported;

 

(2)  a label with the statement "CONTENTS DERIVED FROM DONATED HUMAN TISSUE"  is affixed to the container in which the body or anatomical specimen is transported; and

 

(3)  each person who has control or possession of a body or anatomical specimen satisfactorily completes the information required on a chain-of-custody form prescribed by the board, maintains a copy of the form for the person's records, and transfers the form to any other person to whom control or possession of the body or anatomical specimen is transferred.

 

SECTION 3.   Requires the board, not later than January 1, 2012, to:

 

(1)  adopt the rules and form required under Section 691.031(a), Health and Safety Code, as amended by this Act; and

 

(2)  develop the document required under Section 691.0225, Health and Safety Code, as added by this Act.

 

SECTION 4.  Effective date:  September 1, 2011.