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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of an information clearinghouse to |
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facilitate embryo adoption and the provision by physicians of |
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embryo adoption information to certain patients. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Health and Safety Code, is |
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amended by adding Chapter 50 to read as follows: |
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CHAPTER 50. EMBRYO ADOPTION CLEARINGHOUSE |
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Sec. 50.001. DEFINITIONS. In this chapter: |
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(1) "Assisted reproduction" has the meaning assigned |
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by Section 160.102, Family Code. |
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(2) "Clearinghouse" means the embryo adoption |
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clearinghouse established under Section 50.002. |
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(3) "Department" means the Department of State Health |
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Services. |
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(4) "Embryo adoption" means the act of transferring to |
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another person a human embryo for implantation in any person who is |
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not a genetic parent of the human embryo or the spouse of a genetic |
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parent of the human embryo. |
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(5) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(6) "Human embryo" means a genetically complete living |
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organism of the species Homo sapiens, from the single-cell zygote |
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stage to eight weeks' development. |
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Sec. 50.002. ESTABLISHMENT AND MAINTENANCE OF |
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CLEARINGHOUSE. (a) The department shall establish and maintain a |
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clearinghouse that contains: |
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(1) contact information for persons who want to make a |
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human embryo created by means of assisted reproduction available |
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for embryo adoption; and |
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(2) information provided by persons described by |
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Subdivision (1) relating to the human embryo available for embryo |
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adoption. |
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(b) The department shall make information contained in the |
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clearinghouse accessible and searchable by prospective parents and |
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their legally authorized representatives who want to obtain a human |
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embryo for embryo adoption. |
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(c) Only a human embryo that is created by means of assisted |
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reproduction may be made available for embryo adoption through the |
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clearinghouse. |
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(d) The department may not under any circumstances require a |
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person to provide information for inclusion in the clearinghouse or |
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require a person to access or search information contained in the |
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clearinghouse. |
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Sec. 50.003. CONSENT. Before making available in the |
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clearinghouse any contact information or other information |
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relating to a human embryo, the department shall obtain the written |
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or electronic consent of: |
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(1) the person whose contact information will be made |
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available in the clearinghouse; and |
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(2) each person who has rights to the human embryo that |
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is being made available for embryo adoption. |
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Sec. 50.004. PROCEDURE AND PRIVACY RULES. (a) The |
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executive commissioner shall adopt any rules necessary for the |
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establishment and maintenance of the clearinghouse. The rules must |
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include procedures for: |
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(1) persons to submit information for inclusion in the |
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clearinghouse; |
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(2) the department to obtain and verify the consent |
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required under Section 50.003; |
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(3) persons to withdraw consent for inclusion of |
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information in the clearinghouse; |
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(4) the department to remove from the clearinghouse |
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the information provided by persons who have withdrawn consent; and |
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(5) prospective parents or their legally authorized |
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representatives to access and search information contained in the |
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clearinghouse. |
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(b) In adopting rules under Subsection (a), the executive |
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commissioner shall prioritize protecting the privacy of each |
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person: |
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(1) who submits information for inclusion in the |
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clearinghouse; |
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(2) whose contact information is contained in the |
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clearinghouse; |
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(3) who is a genetic parent of a human embryo that is |
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being made available for embryo adoption through the clearinghouse; |
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(4) who has rights to a human embryo that is being made |
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available for embryo adoption through the clearinghouse; or |
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(5) who accesses or searches information contained in |
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the clearinghouse. |
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SECTION 2. Chapter 159, Occupations Code, is amended by |
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adding Section 159.011 to read as follows: |
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Sec. 159.011. INFORMATION ABOUT EMBRYO ADOPTION. (a) In |
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this section, "assisted reproduction," "embryo adoption," and |
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"human embryo" have the meanings assigned by Section 50.001, Health |
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and Safety Code. |
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(b) A physician who performs on a patient an assisted |
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reproduction procedure that involves the creation of a human embryo |
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shall inform the patient of the option of embryo adoption for unused |
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human embryos. |
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SECTION 3. As soon as possible after the effective date of |
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this Act, the Department of State Health Services shall establish |
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the embryo adoption clearinghouse required by Section 50.002, |
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Health and Safety Code, as added by this Act, and the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules necessary to implement the clearinghouse as |
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provided by Section 50.004, Health and Safety Code, as added by this |
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Act. |
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SECTION 4. This Act takes effect September 1, 2015. |