By: Nelson  S.B. No. 256
         (In the Senate - Filed December 10, 2010; January 31, 2011,
  read first time and referred to Committee on Health and Human
  Services; March 14, 2011, reported favorably by the following
  vote:  Yeas 8, Nays 0; March 14, 2011, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to requiring a private autopsy facility to post a notice
  for filing a complaint against a physician; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 8, Health and Safety Code, is
  amended by adding Chapter 671A to read as follows:
  CHAPTER 671A. NOTICE REQUIRED AT PRIVATE AUTOPSY FACILITY
         Sec. 671A.001.  DEFINITION. In this chapter, "private
  autopsy facility" means a facility that is owned or operated by a
  physician who performs autopsy services for a fee or that employs a
  physician to perform autopsy services for a fee, including autopsy
  services performed on the order of a justice of the peace.  The term
  does not include a medical examiner's office.
         Sec. 671A.002.  NOTICE FOR COMPLAINTS REQUIRED. (a)  A
  private autopsy facility shall post a notice in a conspicuous place
  in a public area of the facility that substantially complies with
  the notice published by the Texas Medical Board under this section.
         (b)  The notice must state in English and in Spanish that a
  person may file with the Texas Medical Board a complaint against a
  physician who performs autopsy services and must include the
  appropriate mailing address and telephone number of the Texas
  Medical Board for filing complaints against physicians.
         (c)  The Texas Medical Board by rule shall adopt a sample
  form of the notice.  The board shall publish the notice on the
  board's Internet website.
         Sec. 671A.003.  CRIMINAL PENALTY FOR FAILURE TO POST NOTICE.
  (a)  A private autopsy facility commits an offense if the facility
  fails to post the notice required by this chapter.
         (b)  An offense under this section is a Class C misdemeanor.
         SECTION 2.  Not later than January 1, 2012, the Texas Medical
  Board shall publish the notice as required by Section 671A.002,
  Health and Safety Code, as added by this Act.
         SECTION 3.  (a)  Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2011.
         (b)  Section 671A.003, Health and Safety Code, as added by
  this Act, takes effect January 1, 2012.
 
  * * * * *