Texas 2009 - 81st Regular

Texas Senate Bill SB284 Compare Versions

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1	1	By: Nelson S.B. No. 284
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to human body and anatomical specimen donation.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter B, Chapter 691, Health and Safety
9	9	Code, is amended by adding Section 691.0225 to read as follows:
10	10	Sec. 691.0225. INFORMED CONSENT DOCUMENT. The board shall
11	11	develop an informed consent document to inform a person making a
12	12	gift of a decedent's body or anatomical specimen for purposes of
13	13	education or research of the risks and benefits associated with
14	14	donation. The board shall make the document available on the
15	15	board's Internet website.
16	16	SECTION 2. Subsection (a), Section 691.031, Health and
17	17	Safety Code, is amended to read as follows:
18	18	(a) The board shall adopt rules to ensure that:
19	19	(1) each body or anatomical specimen received or
20	20	distributed by the board is properly transported;
21	21	(2) a label with the statement "CONTENTS DERIVED FROM
22	22	DONATED HUMAN TISSUE" is affixed to the container in which the body
23	23	or anatomical specimen is transported; and
24	24	(3) each person who has control or possession of a body
25	25	or anatomical specimen:
26	26	(A) satisfactorily completes the information
27	27	required on a chain-of-custody form prescribed by the board;
28	28	(B) maintains a copy of the form for the person's
29	29	records; and
30	30	(C) transfers the form to any other person to
31	31	whom control or possession of the body or anatomical specimen is
32	32	transferred.
33	33	SECTION 3. Section 692.005, Health and Safety Code, is
34	34	amended by adding Subsections (d) and (e) to read as follows:
35	35	(d) A qualified tissue procurement organization may not act
36	36	as a donee for a gift of a body or body part under this section
37	37	unless the organization has provided the Health and Human Services
38	38	Commission a copy of the organization's accreditation by the
39	39	American Association of Tissue Banks, the Eye Bank Association of
40	40	America, or another accreditation organization approved by the
41	41	commission.
42	42	(e) The executive commissioner of the Health and Human
43	43	Services Commission may adopt rules as necessary to administer this
44	44	section.
45	45	SECTION 4. Not later than January 1, 2010, the Anatomical
46	46	Board of the State of Texas shall:
47	47	(1) adopt the rules and form required under Subsection
48	48	(a), Section 691.031, Health and Safety Code, as amended by this
49	49	Act; and
50	50	(2) develop the informed consent document required
51	51	under Section 691.0225, Health and Safety Code, as added by this
52	52	Act.
53	53	SECTION 5. (a) Notwithstanding Section 692.005, Health
54	54	and Safety Code, as amended by this Act, a qualified tissue
55	55	procurement organization is not required to be accredited under
56	56	Subsection (d), Section 692.005, Health and Safety Code, as added
57	57	by this Act, on the effective date of this Act, but must comply with
58	58	this section.
59	59	(b) A qualified tissue procurement organization that is
60	60	accredited on the effective date of this Act shall submit proof of
61	61	accreditation to the Health and Human Services Commission as
62	62	required under Subsection (d), Section 692.005, Health and Safety
63	63	Code, as added by this Act, not later than March 1, 2010.
64	64	(c) A qualified tissue procurement organization that is not
65	65	accredited on the effective date of this Act shall:
66	66	(1) submit proof to the Health and Human Services
67	67	Commission that the organization has applied for accreditation not
68	68	later than March 1, 2010; and
69	69	(2) submit proof to the Health and Human Services
70	70	Commission that the organization is accredited as required by
71	71	Subsection (d), Section 692.005, Health and Safety Code, as added
72	72	by this Act, not later than March 1, 2011.
73	73	SECTION 6. This Act takes effect September 1, 2009.