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A BILL TO BE ENTITLED
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AN ACT
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relating to donation of HIV-infected organs, eyes, and tissue to |
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individuals infected with HIV. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 692A, Health and Safety Code, is amended |
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by adding Section 692A.0155 to read as follows: |
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Sec. 692A.0155. ANATOMICAL GIFTS BY HIV-POSITIVE PATIENT. |
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(a) Subject to federal regulation and rules adopted under this |
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section, a donor or other person authorized to make an anatomical |
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gift for the purpose of transplantation or therapy may make a gift |
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of an organ, an eye, or tissue of a donor who tests positive for |
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human immunodeficiency virus. |
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(b) An anatomical gift made under Subsection (a) may be used |
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only for transplantation into or therapy for a patient who tests |
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positive for human immunodeficiency virus. |
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(c) The department shall develop and prepare written |
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materials to inform a patient or person authorized to consent for a |
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patient of the nature, consequences, and risks of receiving an |
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organ, an eye, or tissue for transplantation or therapy from a donor |
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who is infected with human immunodeficiency virus. The written |
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materials must include a form to be signed by the patient or person |
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authorized to consent for the patient indicating that the materials |
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have been explained to the patient or person and that the patient or |
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person understands the nature, consequences, and risks of the |
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patient receiving an anatomical gift that is infected with the |
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human immunodeficiency virus. |
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(d) A physician or health care provider shall obtain |
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informed consent under this section before performing a transplant |
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or therapy authorized by this section. |
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(e) A physician or other health care provider who uses an |
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anatomical gift from a donor infected with human immunodeficiency |
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virus for transplantation into or therapy for a patient who tests |
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positive for the human immunodeficiency virus is not subject to |
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criminal, civil, or administrative penalties solely on the basis |
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that the organ, eye, or tissue was obtained from an infected donor. |
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(f) The Texas Medical Board and the executive commissioner |
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of the Health and Human Services Commission shall jointly adopt |
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rules to implement this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |