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A BILL TO BE ENTITLED
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AN ACT
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relating to the use by a medical examiner of certain medical waste |
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and autopsy records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 49.25, Code of Criminal Procedure, is |
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amended by adding Section 13B to read as follows: |
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Sec. 13B. EDUCATION AND RESEARCH. (a) For purposes of this |
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section, "medical waste" has the meaning assigned to the term |
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"special waste from health care-related facilities" by Department |
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of State Health Services rule, except that the term does not |
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include: |
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(1) waste produced on a farm or ranch as defined by |
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Section 151.316, Tax Code; or |
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(2) artificial, nonhuman materials removed from a |
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patient and requested by the patient, including orthopedic devices |
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and breast implants. |
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(b) Except as provided by Subsection (d), a medical examiner |
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may use tissue that is removed from a body during an autopsy to |
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perform educational, diagnostic, or research activities after the |
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autopsy if the tissue is medical waste. These activities may be |
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conducted in collaboration with a nationally recognized research or |
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educational institution. Any tissue used must be deidentified. |
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(c) Research activities conducted in collaboration with a |
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nationally recognized research or educational institution must be |
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reviewed, in each case, by an institutional review board for |
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compliance with applicable state and federal law. |
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(d) A medical examiner may not use tissue under Subsection |
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(b) if the medical examiner receives a notarized affidavit signed |
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by an individual authorized to make an anatomical gift on behalf of |
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a decedent under Section 692A.009, Health and Safety Code, and |
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stating that the decedent had a religious belief against the use of |
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tissue removed from a body during the performance of an autopsy. |
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SECTION 2. This Act takes effect September 1, 2013. |