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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 |
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this 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 is completed if the tissue is medical waste. These |
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activities may be conducted in collaboration with a nationally |
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recognized research or educational institution. Tissue that is |
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used must be anonymized in accordance with applicable federal |
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research standards. |
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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, including laws |
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requiring informed consent and anonymization of tissue and |
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prohibiting the sale of body parts. |
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(d) A medical examiner may not use tissue under Subsection |
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(b) to perform educational, diagnostic, or research activities |
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after the autopsy is completed unless informed consent has been |
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obtained from the decedent or a guardian, next of kin, or person |
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authorized to make an anatomical gift of the decedent's body under |
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Section 692A.009, Health and Safety Code. Informed consent for use |
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of the tissue is not required if at the completion of the autopsy |
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and release of the body the decedent does not have a known guardian, |
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next of kin, or person authorized to make an anatomical gift of the |
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decedent's body. In the event the overseeing medical examiner or |
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medical examiner's office is unable to contact the decedent's |
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guardian, next of kin, or a person who is authorized to make an |
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anatomical gift of the decedent's body within 90 days of the |
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decedent's death, informed consent for use of the tissue is not |
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required. |
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SECTION 2. This Act takes effect September 1, 2013. |
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