81R2042 YDB-D
By: Nelson S.B. No. 284
A BILL TO BE ENTITLED
AN ACT
relating to human body and anatomical specimen donation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 691, Health and Safety
Code, is amended by adding Section 691.0225 to read as follows:
Sec. 691.0225. INFORMED CONSENT DOCUMENT. The board shall
develop an informed consent document to inform a potential living
donor or a person making a gift of a decedent's body or anatomical
specimen of the risks and benefits associated with donation. The
board shall make the document available on the board's Internet
website and for distribution by funeral homes and crematories.
SECTION 2. Section 691.031(a), Health and Safety Code, is
amended to read as follows:
(a) The board shall adopt rules to ensure that:
(1) each body or anatomical specimen received or
distributed by the board is properly transported; and
(2) each person who has control or possession of a body
or anatomical specimen:
(A) satisfactorily completes the information
required on a chain-of-custody form prescribed by the board;
(B) maintains a copy of the form for the person's
records; and
(C) transfers the form to any other person to
whom control or possession of the body or anatomical specimen is
transferred.
SECTION 3. Section 692.005, Health and Safety Code, is
amended by adding Subsections (d), (e), and (f) to read as follows:
(d) An organ procurement organization may not act as a donee
for a gift of a body or body part under this section unless the
organization has provided the Texas Funeral Service Commission and
the Anatomical Board of the State of Texas a copy of the
organization's organ procurement organization certification issued
by the appropriate federal agency.
(e) A qualified tissue procurement organization may not act
as a donee for a gift of a body or body part under this section
unless the organization has provided the Texas Funeral Service
Commission and the Anatomical Board of the State of Texas a copy of
the organization's accreditation by the American Association of
Tissue Banks or another accreditation organization approved by the
Texas Funeral Service Commission and the Anatomical Board of the
State of Texas.
(f) The Texas Funeral Service Commission and the Anatomical
Board of the State of Texas may adopt rules as necessary to
administer this section.
SECTION 4. Chapter 692, Health and Safety Code, is amended
by adding Section 692.0146 to read as follows:
Sec. 692.0146. INFORMED CONSENT DOCUMENT. The Anatomical
Board of the State of Texas shall develop an informed consent
document to inform a potential living donor or a person making an
anatomical gift of the risks and benefits associated with donation.
The board shall make the document available on the board's Internet
website and for distribution by funeral homes and crematories.
SECTION 5. Not later than January 1, 2010, the Anatomical
Board of the State of Texas shall:
(1) adopt the rules and form required under Section
691.031(a), Health and Safety Code, as amended by this Act; and
(2) develop the informed consent document required
under Sections 691.0225 and 692.0146, Health and Safety Code, as
added by this Act.
SECTION 6. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2009.
(b) Sections 692.005(d) and (e), Health and Safety Code,
take effect January 1, 2010.