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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section
691.022(a), Health and Safety Code, is amended to read as follows:
(a) The board shall
distribute bodies and anatomical specimens to persons and
institutions authorized to receive them.
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No
equivalent provision.
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SECTION 2. Section 691.0225,
Health and Safety Code, is amended to read as follows:
Sec. 691.0225. INFORMATIONAL
DOCUMENT. The board shall develop a document to inform a person making a
gift of a decedent's body or anatomical specimen for purposes of education,
including training of search and rescue
animals, or research of the risks and benefits associated with
donation. The board shall make the document available on the board's
Internet website.
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SECTION 1. Section 691.0225,
Health and Safety Code, is amended to read as follows:
Sec. 691.0225. INFORMATIONAL
DOCUMENT. The board shall develop a document to inform a person making a
gift of a decedent's body or anatomical specimen for purposes of education,
including forensic science education,
or research of the risks and benefits associated with donation. The board
shall make the document available on the board's Internet website.
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SECTION 3. Section
691.023(a), Health and Safety Code, is amended to read as follows:
(a) An officer, employee, or
representative of the state, of a political subdivision, or of an
institution having charge or control of a body not claimed for burial or a
body required to be buried at public expense shall:
(1) notify the board or the
board's representative of the body's existence when the body comes into the
person's possession, charge, or control if notified in writing to do so by
the board or the board's representative;
(2) deliver the body in
accordance with the direction of the board; and
(3) allow the board, the
board's representative, or a physician designated by the board who complies
with this chapter to remove the body to be used for the advancement of
medical science or for the training of
search and rescue animals.
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SECTION 2. Section
691.023(a), Health and Safety Code, is amended to read as follows:
(a) An officer, employee, or
representative of the state, of a political subdivision, or of an
institution having charge or control of a body not claimed for burial or a
body required to be buried at public expense shall:
(1) notify the board or the
board's representative of the body's existence when the body comes into the
person's possession, charge, or control if notified in writing to do so by
the board or the board's representative;
(2) deliver the body in
accordance with the direction of the board; and
(3) allow the board, the
board's representative, or a physician designated by the board who complies
with this chapter to remove the body to be used for the advancement of
medical or forensic science.
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SECTION 4. Section
691.025(d), Health and Safety Code, is amended to read as follows:
(d) A relative of the
deceased may claim the body within 60 days after the body has been
delivered to an institution or other person or entity authorized to
receive the body. The body shall be released without charge.
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No
equivalent provision.
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SECTION 5. Section 691.026,
Health and Safety Code, is amended to read as follows:
Sec. 691.026. BODY OF
TRAVELER. If an unclaimed body is the body of a traveler who died
suddenly, the board shall direct the person or institution receiving
the body to retain the body for six months for purposes of identification.
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No
equivalent provision.
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SECTION 6. Section
691.028(a), Health and Safety Code, is amended to read as follows:
(a) An adult living in this
state who is of sound mind may donate the adult's [his] body by
will or other written instrument to the board, a medical or dental school,
or another donee authorized by the board, to be used for the advancement of
medical science or for the training of
search and rescue animals.
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SECTION 3. Section
691.028(a), Health and Safety Code, is amended to read as follows:
(a) An adult living in this
state who is of sound mind may donate the adult's [his] body
by will or other written instrument to the board, a medical or dental
school, or another donee authorized by the board, to be used for the
advancement of medical or forensic
science.
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SECTION 7. Section 691.030,
Health and Safety Code, is amended by amending Subsection (a) and adding
Subsection (a-1) to read as follows:
(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 to schools and colleges of chiropractic, osteopathy, medicine, or
dentistry incorporated in this state, to physicians, to persons who train animals to assist in search
and rescue activities conducted by a law enforcement agency, and
to other persons as provided by this section.
(a-1) In making a distribution or redistribution to a person who
trains search and rescue animals, the board or the board's representative
must ensure that the person will use the body only to assist a law
enforcement agency in the conduct of search and rescue activities.
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SECTION 4. Section
691.030(a), Health and Safety Code, is amended to read as follows:
(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 to schools and colleges of chiropractic, osteopathy, medicine, or
dentistry incorporated in this state, to a
forensic science program, to physicians, and to other persons as
provided by this section.
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SECTION 8. Sections
691.033(a), (c), and (d), Health and Safety Code, are amended to read as
follows:
(a) To further medical
science or provide specific training, a school, college, or person designated by
the board may use, dissect, operate on, examine, and experiment on a
body or anatomical specimen distributed under this chapter.
(c) A law relating to the prevention
of mutilation of a body does not apply to the use of a body as
authorized under this section or a dissection, operation, examination,
or experiment performed under this section.
(d) To aid prosecutions
under Section 42.08, Penal Code, the board shall adopt rules that clearly
state the activities that are authorized by the board in relation to the use
or dissection of a body.
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SECTION 5. Sections
691.033(a), (c), and (d), Health and Safety Code, are amended to read as
follows:
(a) To further medical or forensic science, a school, college,
or person designated by the board may use, dissect, operate on,
examine, and experiment on a body or anatomical specimen distributed under
this chapter.
(c) A law relating to the
prevention of mutilation of a body does not apply to the use of a body
as authorized under this section or a dissection, operation,
examination, or experiment performed under this section.
(d) To aid prosecutions
under Section 42.08, Penal Code, the board shall adopt rules that clearly
state the activities that are authorized by the board in relation to the use
or dissection of a body.
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SECTION 9. Sections
691.034(a), (c), and (d), Health and Safety Code, are amended to read as
follows:
(a)
The board shall inspect and may approve institutions and persons for
the receipt and use of bodies and anatomical specimens under this chapter.
(c) The board may suspend or
revoke a person's or institution's authorization to receive and use or
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 use or dissect bodies or anatomical
specimens. The board shall make all final decisions to suspend or revoke
an authorization.
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SECTION 6. Sections
691.034(c) and (d), Health and Safety Code, are amended to read as follows:
(c) The board may suspend or
revoke a person's or institution's authorization to receive and use or
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 use or dissect bodies or anatomical
specimens. The board shall make all final decisions to suspend or revoke
an authorization.
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SECTION 10. Section
692A.002, Health and Safety Code, is amended by adding Subdivision (11-a)
to read as follows:
(11-a)
"Education" with respect to the purposes authorized by law for
making an anatomical gift includes training
of search and rescue animals.
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SECTION 7. Section 692A.002,
Health and Safety Code, is amended by adding Subdivision (11-a) to read as
follows:
(11-a)
"Education" with respect to the purposes authorized by law for
making an anatomical gift includes forensic
science education.
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SECTION 11. Sections
692A.011(a) and (b), Health and Safety Code, are amended to read as
follows:
(a) An anatomical gift may
be made to the following persons named in the document of gift:
(1) an organ procurement
organization to be used for transplantation, therapy, research, or
education;
(2) a hospital to be used
for research;
(3) subject to Subsection
(d), an individual designated by the person making the anatomical gift if
the individual is the recipient of the part;
(4) an eye bank or tissue
bank, except that use of a gift of a whole body must be coordinated through
the Anatomical Board of the State of Texas;
(5) a forensic science
program at:
(A) a general academic teaching
institution as defined by Section 61.003, Education Code; or
(B) a private or independent
institution of higher education as defined by Section 61.003, Education
Code; [or]
(6) a person who trains
animals to assist in search and rescue activities conducted by a law
enforcement agency; or
(7) the Anatomical
Board of the State of Texas.
(b) Except for donations
described by Subsections (a)(1) through (6) [(5)], the
Anatomical Board of the State of Texas shall be the donee of gifts of
bodies or parts of bodies made for the purpose of education or research
that are subject to distribution by the board under Chapter 691.
No
equivalent provision.
No
equivalent provision.
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SECTION 8. Section 692A.011,
Health and Safety Code, is amended by amending Subsection (c) and adding
Subsection (c-1) to read as follows:
No
equivalent provision.
No
equivalent provision.
(c) A forensic science
program that receives a donation under Subsection (a)(5) must submit a report
to the Anatomical Board of the State of Texas on a quarterly basis that
lists:
(1) the number of bodies or
parts of bodies that the program received; [and]
(2) the method in which the
program used the bodies or parts of bodies for education or research; and
(3) the number of
contracts the program has entered into under Subsection (c-1), including
the persons with whom the program contracted and the persons' contact
information, and the number of bodies or parts of bodies provided under the
contracts.
(c-1) A forensic science
program in accordance with rules adopted by the Anatomical Board of the
State of Texas may contract with a person who trains search and rescue
animals to provide bodies or parts of bodies to the person in accordance
with board rules and this subtitle. The contract must require the person
to use the bodies and parts of bodies only to assist in the training of
search and rescue animals and to properly receive, handle, use, and dispose
of the bodies and parts of bodies in accordance with this subtitle and
rules adopted by the board.
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No
equivalent provision.
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SECTION 9. As soon as
practicable after the effective date of this Act, the Anatomical Board of
the State of Texas shall adopt the rules necessary to implement the changes
in law made by this Act to Chapter 691, Health and Safety Code, and Section
692A.011, Health and Safety Code.
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SECTION 12. This Act takes
effect September 1, 2013.
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SECTION 10. Same as
introduced version.
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