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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation of controlled substance overdose for |
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purposes of the death certificate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 193.005(e-1), Health and Safety Code, is |
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amended to read as follows: |
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(e-1) The medical certification on a death certificate must |
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include: |
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(1) either the term "Fentanyl Poisoning" or the term |
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"Fentanyl Toxicity" if: |
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(A) [(1)] a toxicology examination reveals a |
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controlled substance listed in Penalty Group 1-B present in the |
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body of the decedent in an amount or concentration that is |
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considered to be lethal by generally accepted scientific standards; |
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and |
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(B) [(2)] the results of an autopsy performed on |
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the decedent are consistent with an opioid overdose as the cause of |
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death; and |
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(2) the term "Controlled Substance Overdose" and, if |
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possible to ascertain, the type of controlled substance present in |
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the body of the decedent if: |
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(A) a toxicology examination reveals a |
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controlled substance, other than a controlled substance listed in |
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Penalty Group 1-B, present in the body of the decedent in an amount |
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or concentration that is considered to be lethal by generally |
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accepted scientific standards; and |
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(B) the results of an autopsy performed on the |
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decedent are consistent with a controlled substance overdose as the |
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cause of death. |
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SECTION 2. The change in law made by this Act applies only |
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to a death that occurs on or after the effective date of this Act or |
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a death that occurs before that date but is discovered on or after |
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the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |