By: Nelson S.B. No. 284
(In the Senate - Filed November 12, 2008; February 11, 2009,
read first time and referred to Committee on Health and Human
Services; March 9, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
March 9, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 284 By: Shapleigh
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 person making a
gift of a decedent's body or anatomical specimen for purposes of
education or research of the risks and benefits associated with
donation. The board shall make the document available on the
board's Internet website.
SECTION 2. Subsection (a), Section 691.031, 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;
(2) a label with the statement "CONTENTS DERIVED FROM
DONATED HUMAN TISSUE" is affixed to the container in which the body
or anatomical specimen is transported; and
(3) 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) and (e) to read as follows:
(d) 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 Health and Human Services
Commission a copy of the organization's accreditation by the
American Association of Tissue Banks, the Eye Bank Association of
America, or another accreditation organization approved by the
commission.
(e) The executive commissioner of the Health and Human
Services Commission may adopt rules as necessary to administer this
section.
SECTION 4. Not later than January 1, 2010, the Anatomical
Board of the State of Texas shall:
(1) adopt the rules and form required under Subsection
(a), Section 691.031, Health and Safety Code, as amended by this
Act; and
(2) develop the informed consent document required
under Section 691.0225, Health and Safety Code, as added by this
Act.
SECTION 5. (a) Notwithstanding Section 692.005, Health
and Safety Code, as amended by this Act, a qualified tissue
procurement organization is not required to be accredited under
Subsection (d), Section 692.005, Health and Safety Code, as added
by this Act, on the effective date of this Act, but must comply with
this section.
(b) A qualified tissue procurement organization that is
accredited on the effective date of this Act shall submit proof of
accreditation to the Health and Human Services Commission as
required under Subsection (d), Section 692.005, Health and Safety
Code, as added by this Act, not later than March 1, 2010.
(c) A qualified tissue procurement organization that is not
accredited on the effective date of this Act shall:
(1) submit proof to the Health and Human Services
Commission that the organization has applied for accreditation not
later than March 1, 2010; and
(2) submit proof to the Health and Human Services
Commission that the organization is accredited as required by
Subsection (d), Section 692.005, Health and Safety Code, as added
by this Act, not later than March 1, 2011.
SECTION 6. This Act takes effect September 1, 2009.
* * * * *