Texas 2009 - 81st Regular

Texas Senate Bill SB312 Compare Versions

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1	1	By: Wentworth S.B. No. 312
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation and certification of medical examiners
7	7	and the conduct of autopsy and inquest investigations by justices
8	8	of the peace and medical examiners; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 49.01, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 49.01. DEFINITIONS. In this chapter [article]:
13	13	(1) "Autopsy" means a post mortem examination of the
14	14	body of a person, including an external examination of the body
15	15	[X-rays] and an examination of the internal organs [and structures
16	16	after dissection], to determine the cause and manner of death or the
17	17	nature of any pathological changes that may have contributed to the
18	18	death or to obtain information or material for evidentiary or
19	19	identification purposes. The forensic pathologist or physician
20	20	performing the autopsy may limit the individuals in attendance at
21	21	the examination and may vary the extent of the examination. The
22	22	examination may include:
23	23	(A) radiographs;
24	24	(B) a microscopic examination;
25	25	(C) retention of an organ part or whole organ;
26	26	(D) an anthropologic examination;
27	27	(E) a dental examination;
28	28	(F) any other procedure considered necessary by
29	29	the examining forensic pathologist or physician; or
30	30	(G) at the discretion of the medical examiner,
31	31	the medical examiner's designee, or the justice of the peace, as
32	32	appropriate, an in-person examination of the scene of death or
33	33	injury or an examination of the scene through reports or
34	34	photographs related to the injury or death.
35	35	(1-a) "Forensic pathologist" means a physician who is
36	36	board certified in anatomic and forensic pathology by the American
37	37	Board of Pathology.
38	38	(2) "Inquest" means an investigation into the cause
39	39	and circumstances of the death of a person, and a determination,
40	40	made with or without a formal court hearing, as to whether the death
41	41	was caused by an unlawful act or omission. The term includes each
42	42	level of investigation, from rudimentary information gathering to a
43	43	complete autopsy examination and formal hearing.
44	44	(3) "Inquest hearing" means a formal court hearing
45	45	held to determine whether the death of a person was caused by an
46	46	unlawful act or omission and, if the death was caused by an unlawful
47	47	act or omission, to obtain evidence to form the basis of a criminal
48	48	prosecution.
49	49	(4) "Institution" means any place where health care
50	50	services are rendered, including a hospital, clinic, health
51	51	facility, nursing home, extended-care facility, out-patient
52	52	facility, foster-care facility, and retirement home.
53	53	(5) "Physician" means a practicing doctor of medicine
54	54	or doctor of osteopathic medicine who is licensed by the Texas
55	55	[State Board of] Medical Board [Examiners] under Subtitle B, Title
56	56	3, Occupations Code.
57	57	SECTION 2. Section 1, Article 49.25, Code of Criminal
58	58	Procedure, is amended to read as follows:
59	59	Sec. 1. OFFICE AUTHORIZED. Subject to the provisions of
60	60	this Article [Act], the Commissioners Court of any county having a
61	61	population of more than one million [and not having a reputable
62	62	medical school as defined in Articles 4501 and 4503, Revised Civil
63	63	Statutes of Texas,] shall establish and maintain the office of
64	64	medical examiner, and the Commissioners Court of any county may
65	65	establish and provide for the maintenance of the office of medical
66	66	examiner. Population shall be according to the last preceding
67	67	federal census.
68	68	SECTION 3. Subsection (b), Section 1-a, Article 49.25, Code
69	69	of Criminal Procedure, is amended to read as follows:
70	70	(b) There may be only one chief medical examiner in a
71	71	medical examiners district, although the chief medical examiner
72	72	[he] may employ, within the district, necessary staff personnel,
73	73	including deputy medical examiners. When a county becomes a part of
74	74	a medical examiners district, the effect is the same within the
75	75	county as if the office of medical examiner had been established in
76	76	that county alone. A [The] district medical examiner has all the
77	77	powers and duties within the district that a medical examiner who
78	78	serves in a single county has within that county.
79	79	SECTION 4. Section 2, Article 49.25, Code of Criminal
80	80	Procedure, is amended to read as follows:
81	81	Sec. 2. APPOINTMENTS AND QUALIFICATIONS. (a) The
82	82	commissioners court shall appoint the chief medical examiner, who
83	83	serves [shall serve] at the pleasure of the commissioners court.
84	84	The chief medical examiner must be:
85	85	(1) board certified in anatomic and forensic pathology
86	86	by the American Board of Pathology; and
87	87	(2) [No person shall be appointed medical examiner
88	88	unless he is] a physician licensed by the Texas [State Board of]
89	89	Medical Board [Examiners. To the greatest extent possible, the
90	90	medical examiner shall be appointed from persons having training
91	91	and experience in pathology, toxicology, histology and other
92	92	medico-legal sciences].
93	93	(b) The chief medical examiner shall devote the [so much of
94	94	his] time and energy [as is] necessary to perform [in the
95	95	performance of] the duties conferred by this Article.
96	96	SECTION 5. Section 3, Article 49.25, Code of Criminal
97	97	Procedure, is amended to read as follows:
98	98	Sec. 3. ASSISTANTS. (a) The chief medical examiner may,
99	99	subject to the approval of the commissioners court, employ the
100	100	[such] deputy medical examiners, medical, dental, or anthropologic
101	101	consultants, scientific experts, trained technicians, officers,
102	102	and employees [as may be] necessary to properly perform [the proper
103	103	performance of] the duties imposed by this Article on [upon] the
104	104	chief medical examiner.
105	105	(b) A deputy medical examiner must:
106	106	(1) be board certified in anatomic and forensic
107	107	pathology; or
108	108	(2) have satisfactorily completed accredited
109	109	residency and fellowship training programs in anatomic and forensic
110	110	pathology and, not later than the third anniversary of the date the
111	111	training programs were completed, obtain board certification in
112	112	anatomic and forensic pathology.
113	113	SECTION 6. Section 4, Article 49.25, Code of Criminal
114	114	Procedure, is amended to read as follows:
115	115	Sec. 4. SALARIES. The commissioners court shall establish
116	116	and pay the salaries and compensations of the chief medical
117	117	examiner and the chief medical examiner's [his] staff.
118	118	SECTION 7. Section 6, Article 49.25, Code of Criminal
119	119	Procedure, is amended to read as follows:
120	120	Sec. 6. DEATH INVESTIGATIONS. (a) A chief [Any] medical
121	121	examiner, or the chief medical examiner's [his] duly authorized
122	122	deputy medical examiner, shall [be authorized, and it shall be his
123	123	duty, to] hold inquests with or without a jury in the [within his]
124	124	county in which the office is established[,] in the following
125	125	cases:
126	126	(1) [1.] When a person dies [shall die] within
127	127	twenty-four hours after the person is:
128	128	(A) admitted [admission] to a hospital or
129	129	institution;
130	130	(B) confined [or] in prison or in jail; or
131	131	(C) placed in law enforcement custody;
132	132	(2) [2.] When any person:
133	133	(A) is killed;
134	134	(B) [or] from any cause dies an unnatural death,
135	135	except under sentence of the law;
136	136	(C) [or] dies in the absence of one or more good
137	137	witnesses; or
138	138	(D) dies as a result of medical treatment or
139	139	therapy;
140	140	(3) [3.] When the body or a body part of a person is
141	141	found and[,] the cause or circumstances of death are unknown[, and:
142	142	[(A) the person is identified; or
143	143	[(B) the person is unidentified];
144	144	(4) [4.] When the circumstances of the death of any
145	145	person [are such as to] lead to suspicion that the person died [he
146	146	came to his death] by unlawful means;
147	147	(5) [5.] When any person commits suicide, or the
148	148	circumstances of the person's [his] death [are such as to] lead to
149	149	suspicion that the person [he] committed suicide;
150	150	(6) [6.] When a person dies who has not [without
151	151	having] been attended during the preceding year by a duly licensed
152	152	and practicing physician[, and the local health officer or
153	153	registrar required to report the cause of death under Section
154	154	193.005, Health and Safety Code, does not know the cause of death.
155	155	When the local health officer or registrar of vital statistics
156	156	whose duty it is to certify the cause of death does not know the
157	157	cause of death, he shall so notify the medical examiner of the
158	158	county in which the death occurred and request an inquest];
159	159	(7) [7.] When the person is a child [who is] younger
160	160	than six years of age and the death is reported under Chapter 264,
161	161	Family Code; [and]
162	162	(8) When an unidentified person dies; and
163	163	(9) [8.] When a person dies who has been attended
164	164	immediately preceding the person's [his] death by a duly licensed
165	165	and practicing physician or physicians[,] and the [such] physician
166	166	or physicians [are not certain as to the cause of death and] are
167	167	unable to certify to a reasonable degree of medical probability
168	168	[with certainty] the cause of death as required by Section 193.005
169	169	[193.004], Health and Safety Code.
170	170	(a-1) If a physician is unable to certify the cause of death
171	171	to a reasonable degree of medical probability, [In case of such
172	172	uncertainty] the attending physician or physicians, or the
173	173	superintendent or general manager of the hospital or institution in
174	174	which the deceased [shall have] died, shall [so] report the
175	175	inability to the medical examiner of the county in which the death
176	176	occurred[,] and request an inquest.
177	177	(a-2) If a medical examiner determines after performing an
178	178	inquest that the death is due to natural causes and the deceased
179	179	person was attended by a physician at the time of death or during
180	180	the preceding year, the medical examiner may waive the medical
181	181	examiner's authority to further investigate the case. If the
182	182	medical examiner waives the authority to further investigate the
183	183	case, the attending physician shall certify the cause of death.
184	184	(b) The inquests authorized and required by this Article
185	185	shall be held by the chief medical examiner of the county in which
186	186	the death occurred.
187	187	(c) In making such investigations and holding such
188	188	inquests, the chief medical examiner or an authorized deputy
189	189	medical examiner may administer oaths and take affidavits. In the
190	190	absence of next of kin or legal representatives of the deceased, the
191	191	chief medical examiner or authorized deputy medical examiner shall
192	192	take charge of the body and all property found with it.
193	193	(d) A medical examiner may subpoena medical records, law
194	194	enforcement records, or other types of records required to perform
195	195	the duties imposed under this section.
196	196	SECTION 8. Section 6a, Article 49.25, Code of Criminal
197	197	Procedure, is amended to read as follows:
198	198	Sec. 6a. ORGAN TRANSPLANT DONORS; NOTICE; INQUESTS.
199	199	(a) When death occurs to an individual designated a prospective
200	200	organ donor for transplantation by a licensed physician under
201	201	circumstances requiring the chief medical examiner of the county in
202	202	which death occurred, or the chief medical examiner's authorized
203	203	deputy medical examiner, to hold an inquest, the chief medical
204	204	examiner, or a member of the chief medical examiner's [his] staff,
205	205	shall [will] be [so] notified by the administrative head of the
206	206	facility in which the prospective donor is located [transplantation
207	207	is to be performed].
208	208	(b) When notified pursuant to Subsection (a) of this
209	209	Section, the chief medical examiner or the chief medical examiner's
210	210	deputy medical examiner shall perform an inquest on the deceased
211	211	prospective organ donor.
212	212	(c) Subject to the procedures and requirements established
213	213	by Section 693.002, Health and Safety Code, a medical examiner may:
214	214	(1) determine before or after the medical examiner
215	215	examines the body of the deceased that the release of organs or
216	216	tissues for transplant purposes will likely hinder the
217	217	determination of the cause or manner of death or compromise an
218	218	evidentiary aspect of the examination; and
219	219	(2) based on the determination, prohibit or limit the
220	220	extent of the organ or tissue removal.
221	221	SECTION 9. Subsection (b), Section 7, Article 49.25, Code
222	222	of Criminal Procedure, is amended to read as follows:
223	223	(b) A person investigating the [a] death of an unidentified
224	224	person [described by Subdivision 3(B) of Section 6(a)] shall report
225	225	the death to the missing children and missing persons information
226	226	clearinghouse of the Department of Public Safety and the national
227	227	crime information center not later than the 10th working day after
228	228	the date the investigation began.
229	229	SECTION 10. Section 8, Article 49.25, Code of Criminal
230	230	Procedure, is amended to read as follows:
231	231	Sec. 8. REMOVAL OF BODIES. When any death under
232	232	circumstances set out in Section 6 of this Article occurs [shall
233	233	have occurred], the body shall not be disturbed or removed from the
234	234	position in which it is found by any person without authorization
235	235	from the chief medical examiner or an authorized deputy medical
236	236	examiner, except for the purpose of preserving the [such] body from
237	237	loss or destruction or maintaining the flow of traffic on a highway,
238	238	railroad, or airport.
239	239	SECTION 11. Section 9, Article 49.25, Code of Criminal
240	240	Procedure, is amended to read as follows:
241	241	Sec. 9. AUTOPSY. (a) If the cause of death is [shall be]
242	242	determined beyond a reasonable doubt as a result of the
243	243	investigation, the medical examiner shall prepare [file] a report
244	244	on the investigation [thereof] setting forth specifically the cause
245	245	of death and file the report with the district attorney or criminal
246	246	district attorney, or in a county in which there is no district
247	247	attorney or criminal district attorney with the county attorney, of
248	248	the county in which the death occurred.
249	249	(b) If in the opinion of the medical examiner an autopsy is
250	250	necessary to determine the cause or manner of death, to better
251	251	determine any pathological or injurious process present, or to
252	252	obtain evidence for a potential legal proceeding or for
253	253	identification purposes, or if the autopsy [such] is requested by
254	254	the district attorney or criminal district attorney, or county
255	255	attorney where there is no district attorney or criminal district
256	256	attorney, the autopsy shall be [immediately] performed by the chief
257	257	medical examiner or a duly authorized deputy medical examiner. In
258	258	[those] cases where a complete autopsy is considered [deemed]
259	259	unnecessary by the medical examiner to ascertain the cause of
260	260	death, the medical examiner may perform a limited autopsy or
261	261	external inspection of the body that may include [involving the]
262	262	taking [of] blood samples or any other samples of body fluids,
263	263	tissues, or organs[, in order] to ascertain the cause of death or
264	264	whether a crime has been committed.
265	265	(c) If [In] the identity [case] of a body of a human being
266	266	[whose identity] is unknown, the medical examiner may authorize the
267	267	[such] investigative and laboratory tests and processes [as are]
268	268	required to determine the [its] identity and [as well as] the cause
269	269	of death.
270	270	(d) The extent of an autopsy is solely at the discretion of
271	271	the medical examiner.
272	272	(e) A medical examiner is not required to notify or seek any
273	273	approval from a deceased person's next of kin to perform an autopsy
274	274	or any other type of examination related to an autopsy.
275	275	(f) On [In performing an autopsy the medical examiner or
276	276	authorized deputy may use the facilities of any city or county
277	277	hospital within the county or such other facilities as are made
278	278	available. Upon] completion of the autopsy, the medical examiner
279	279	shall prepare [file] a report setting forth the findings in detail
280	280	and file the report with the office of the district attorney or
281	281	criminal district attorney of the county, or if there is no district
282	282	attorney or criminal district attorney, with the county attorney of
283	283	the county.
284	284	(g) [(b)] A medical examination on an unidentified person
285	285	shall include the following information to enable a timely and
286	286	accurate identification of the person:
287	287	(1) all available fingerprints and palm prints;
288	288	(2) dental charts and radiographs (X-rays) of the
289	289	person's teeth;
290	290	(3) [frontal and lateral] facial photographs with
291	291	scale indicated;
292	292	(4) notation [and photographs, with scale indicated,]
293	293	of a significant scar, mark, tattoo, or item of clothing or other
294	294	personal effect found with or near the body;
295	295	(5) notation of any identified antemortem medical
296	296	conditions; and
297	297	(6) notation of observations pertinent to the
298	298	estimation of time of death[; and
299	299	[(7) precise documentation of the location of burial
300	300	of the remains].
301	301	(h) [(c)] A medical examination on an unidentified person
302	302	may include the following information to enable a timely and
303	303	accurate identification of the person:
304	304	(1) full body radiographs (X-rays); and
305	305	(2) [hair] specimens from the body for DNA
306	306	characterization and comparison [with roots].
307	307	(i) A medical examiner performing an autopsy of a deceased
308	308	person may retain an organ or part of an organ if the medical
309	309	examiner determines that retaining the organ or organ part is
310	310	necessary for further examination and testing. After completing
311	311	the examination or testing on the organ or organ part, the medical
312	312	examiner shall:
313	313	(1) retain the organ or organ part as required by law
314	314	or by published professional or accreditation standards;
315	315	(2) dispose of the organ or organ part as a hazardous
316	316	biological specimen; or
317	317	(3) release the organ or organ part to the funeral
318	318	establishment or crematory under Subsection (m)(2).
319	319	(j) A medical examiner may not be required to perform an
320	320	autopsy on a person whose death resulted from a highly infectious
321	321	disease or a chemical or radiological agent that presents a hazard
322	322	to the medical examiner, the medical examiner's staff, or the
323	323	public.
324	324	(k) Except as provided by Subsection (l), a medical examiner
325	325	may not perform an autopsy on a deceased person if the medical
326	326	examiner receives before the performance of the autopsy a notarized
327	327	affidavit signed by the person before the person's death that
328	328	states the person's objection for religious reasons to the
329	329	performance of an autopsy on the person after the person's death.
330	330	(l) A medical examiner may perform an autopsy on a deceased
331	331	person following receipt of a notarized affidavit under Subsection
332	332	(k) if the chief medical examiner determines a compelling public
333	333	necessity exists to perform the autopsy on the deceased person
334	334	despite the objection.
335	335	(m) If the medical examiner performs the autopsy despite
336	336	receipt of a notarized affidavit under Subsection (k), the medical
337	337	examiner shall:
338	338	(1) use the least invasive means possible in the
339	339	performance of the autopsy; and
340	340	(2) notwithstanding Subsection (i), release to the
341	341	funeral establishment or crematory any organ or organ part retained
342	342	by the medical examiner, except as required by law or by published
343	343	professional or accreditation standards.
344	344	(n) In this section, "compelling public necessity" means:
345	345	(1) a criminal homicide investigation in which the
346	346	deceased person is the victim;
347	347	(2) an immediate and substantial threat to public
348	348	health;
349	349	(3) the death of a child under 12 years of age for
350	350	which the cause of death is not apparent and neglect or a threat to
351	351	public health was suspected;
352	352	(4) the cause or manner of death of the deceased person
353	353	is not apparent after a diligent investigation by the medical
354	354	examiner; or
355	355	(5) the autopsy is required by law.
356	356	SECTION 12. Section 10, Article 49.25, Code of Criminal
357	357	Procedure, is amended to read as follows:
358	358	Sec. 10. DISINTERMENTS AND CREMATIONS. (a) The [When a
359	359	body upon which an inquest ought to have been held has been
360	360	interred, the] medical examiner may cause a body that has been
361	361	interred and on which an inquest should have been held [it] to be
362	362	disinterred for the purpose of holding the [such] inquest.
363	363	(b) A [Before any] body on[, upon] which an inquest is
364	364	authorized by [the provisions of] this Article may not[, can] be
365	365	[lawfully] cremated unless[,] an examination is [autopsy shall be]
366	366	performed on the body [thereon] as provided in this Article[,] or a
367	367	certificate that the examination [no autopsy] was not necessary is
368	368	[shall be] furnished by the medical examiner.
369	369	(c) Before a [any] dead body may [can] be [lawfully]
370	370	cremated, the owner or operator of the crematory shall demand and be
371	371	furnished with a certificate, signed by the medical examiner of the
372	372	county in which the death occurred stating [showing] that:
373	373	(1) an examination [autopsy] was performed on the
374	374	[said] body; or
375	375	(2) an examination on the body [that no autopsy
376	376	thereon] was not necessary.
377	377	(d) The [It shall be the duty of the] medical examiner shall
378	378	[to] determine whether or not, from all the circumstances
379	379	surrounding the death, an examination [autopsy] is necessary prior
380	380	to issuing a certificate under [the provisions of] this section.
381	381	(e) The owner or operator of a crematory requesting
382	382	authorization to cremate a body shall provide the medical examiner
383	383	with a legible and properly completed death certificate.
384	384	(f) A medical examiner is not required to perform an
385	385	examination [No autopsy shall be required by the medical examiner]
386	386	as a prerequisite to cremation if the [in case] death was [is]
387	387	caused by [the] pestilential or highly infectious diseases [of
388	388	Asiatic cholera, bubonic plague, typhus fever, or smallpox].
389	389	(g) All certificates furnished to the owner or operator of a
390	390	crematory by any medical examiner, under the terms of this Article,
391	391	shall be preserved by the [such] owner or operator until the second
392	392	anniversary of [such crematory for a period of two years from] the
393	393	date of the body's cremation [of said body].
394	394	(h) A medical examiner is not required to perform an autopsy
395	395	on the body of a deceased person whose death was caused by a
396	396	communicable disease during a public health disaster.
397	397	SECTION 13. Section 10a, Article 49.25, Code of Criminal
398	398	Procedure, is amended to read as follows:
399	399	Sec. 10a. WAITING PERIOD BETWEEN DEATH AND CREMATION.
400	400	(a) The body of a deceased person shall not be cremated within 48
401	401	hours after the time of death as indicated on the regular death
402	402	certificate, unless:
403	403	(1) the death certificate indicates death was caused
404	404	by [the] pestilential or highly infectious diseases; [of Asiatic
405	405	cholera, bubonic plague, typhus fever, or smallpox,] or
406	406	(2) [unless] the time requirement is waived in writing
407	407	by the county medical examiner or, in counties without [not having]
408	408	a county medical examiner, a justice of the peace.
409	409	(b) In a public health disaster, the commissioner of state
410	410	[public] health services may designate other communicable diseases
411	411	for which cremation within 48 hours of the time of death is
412	412	authorized.
413	413	SECTION 14. Section 11, Article 49.25, Code of Criminal
414	414	Procedure, is amended to read as follows:
415	415	Sec. 11. RECORDS. (a) The medical examiner shall:
416	416	(1) keep full and complete records properly indexed
417	417	that include[, giving] the name if known of every person whose death
418	418	is investigated, the place where the body was found, the date, and
419	419	the cause and manner of death;[,] and
420	420	(2) [shall] issue a death certificate.
421	421	(b) The full report and detailed findings of the autopsy, if
422	422	any, shall be a part of the record.
423	423	(c) [Copies of all records shall promptly be delivered to
424	424	the proper district, county, or criminal district attorney in any
425	425	case where further investigation is advisable.] The records are
426	426	subject to required public disclosure in accordance with Chapter
427	427	552, Government Code, except that a photograph or x-ray of a body
428	428	taken during a medical examiner investigation [an autopsy] is
429	429	excepted from required public disclosure in accordance with Chapter
430	430	552, Government Code, but is subject to disclosure:
431	431	(1) under a subpoena or authority of other law; or
432	432	(2) if the photograph or x-ray is of the body of a
433	433	person who died while in the custody of law enforcement.
434	434	SECTION 15. Section 12, Article 49.25, Code of Criminal
435	435	Procedure, is amended to read as follows:
436	436	Sec. 12. TRANSFER OF DUTIES OF JUSTICE OF PEACE. When the
437	437	commissioners court of any county establishes [shall establish] the
438	438	office of medical examiner, all powers and duties of justices of the
439	439	peace in the [such] county relating to the investigation of deaths
440	440	and inquests [shall] vest in the office of the medical examiner.
441	441	Any subsequent General Law pertaining to the duties of justices of
442	442	the peace in death investigations and inquests [shall] apply to the
443	443	medical examiner in the county [such counties as] to the extent not
444	444	inconsistent with this Article, and all laws or parts of laws
445	445	otherwise in conflict with this Article [herewith] are [hereby]
446	446	declared [to be] inapplicable to this Article.
447	447	SECTION 16. Subsection (a), Section 14, Article 49.25, Code
448	448	of Criminal Procedure, is amended to read as follows:
449	449	(a) A person commits an offense if the person knowingly
450	450	violates this article or knowingly provides false information to a
451	451	medical examiner in the performance by the medical examiner of an
452	452	investigation under this article.
453	453	SECTION 17. Section 13, Article 49.25, Code of Criminal
454	454	Procedure, is repealed.
455	455	SECTION 18. Article 49.25, Code of Criminal Procedure, is
456	456	amended by adding Sections 13A and 13B to read as follows:
457	457	Sec. 13A. FEES. A medical examiner may charge reasonable
458	458	fees for services provided by the medical examiner's office under
459	459	this Article, including cremation approvals, court testimonies,
460	460	consultations, and depositions.
461	461	Sec. 13B. EDUCATION AND RESEARCH. (a) A medical examiner
462	462	may use for educational or teaching purposes photographs taken
463	463	during a death investigation.
464	464	(b) A medical examiner's office may engage in educational
465	465	and research activities that do not interfere with the performance
466	466	of the duties imposed on the office under this Article.
467	467	SECTION 19. Notwithstanding Sections 2 and 3, Article
468	468	49.25, Code of Criminal Procedure, as amended by this Act, a person
469	469	serving as the chief medical examiner or a deputy medical examiner
470	470	for a medical examiners district or county in this state on the
471	471	effective date of this Act is not required to be board certified in
472	472	anatomic and forensic pathology by the American Board of Pathology
473	473	to continue to hold that position of chief medical examiner or
474	474	deputy medical examiner for that district or county.
475	475	SECTION 20. This Act takes effect September 1, 2009.
476	476	COMMITTEE AMENDMENT NO. 1
477	477	Amend S.B. No. 312 (senate engrossment) as follows:
478	478	(1) In SECTION 11 of the bill, in proposed Section 9(i)(1),
479	479	Article 49.25, Code of Criminal Procedure (page 12, line 16),
480	480	following the semicolon, insert "or".
481	481	(2) In SECTION 11 of the bill, strike proposed Sections
482	482	9(i)(2) and (3), Article 49.25, Code of Criminal Procedure (page
483	483	12, lines 17 through 20), and substitute the following:
484	484	(2) dispose of the organ or organ part as a hazardous
485	485	biological specimen.
486	486	(3) In SECTION 11 of the bill, strike proposed Sections
487	487	9(k), (l), (m), and (n), Article 49.25, Code of Criminal Procedure
488	488	(page 12, line 26, through page 14, line 3).
489	489	81R35066 YDB-DMiklos
490	490	COMMITTEE AMENDMENT NO. 2
491	491	Amend S.B. No. 312 (senate engrossment) by adding the
492	492	following appropriately numbered SECTION to the bill and
493	493	renumbering remaining SECTIONS of the bill accordingly:
494	494	SECTION ____. Chapter 49, Code of Criminal Procedure, is
495	495	amended by adding Subchapter C to read as follows:
496	496	SUBCHAPTER C. INFORMED CONSENT
497	497	Art. 49.41. INFORMED CONSENT FOR POSTMORTEM EXAMINATION OR
498	498	AUTOPSY
499	499	Sec. 1. INFORMED CONSENT REQUIRED; STANDARDIZED FORM. (a)
500	500	Notwithstanding any other provision of law and except as provided
501	501	by Subsection (b), a physician may not conduct or assist in the
502	502	conduct of any postmortem examination or autopsy on the body of a
503	503	deceased person for whom a postmortem examination or autopsy has
504	504	not been ordered under Chapter 672, Health and Safety Code, unless
505	505	the physician has obtained the consent of a person listed in Section
506	506	2.
507	507	(b) If the physician conducting or assisting in the conduct
508	508	of a postmortem examination or autopsy, after due inquiry and
509	509	diligence, is unable to find any person authorized to give consent
510	510	under Section 2, the physician may only conduct or assist in the
511	511	conduct of the postmortem examination or autopsy without the
512	512	consent required by this section after a reasonable time has
513	513	elapsed, which may not be less than 24 hours or more than 48 hours.
514	514	The physician must perform the postmortem examination or autopsy
515	515	under the direction of the medical examiner, justice of the peace,
516	516	or county judge of the county in which the death occurred.
517	517	(c) A person authorized to consent to an autopsy under
518	518	Section 2 may require an autopsy of the deceased person to be
519	519	performed by, or attended by, a physician who is not affiliated with
520	520	the health care institution where the deceased person died. A
521	521	physician seeking consent to an autopsy shall inform the person
522	522	authorized to give consent of the person's right to request
523	523	performance or attendance of the autopsy by a physician who is not
524	524	affiliated with the institution. The person authorized to give
525	525	consent under Section 2 is responsible for any additional costs
526	526	incurred for the performance or attendance of the autopsy by the
527	527	nonaffiliated physician. The notice required by this subsection
528	528	must be given orally and be included in the documented and witnessed
529	529	consent form developed under Subsection (d).
530	530	(d) The commissioner of state health services, in
531	531	consultation with the Texas Medical Board, shall develop an
532	532	informed autopsy consent form that:
533	533	(1) includes detailed information on the name of the
534	534	institution and department that will perform the autopsy;
535	535	(2) provides the family members of the deceased person
536	536	with an opportunity to place restrictions or limitations on the
537	537	autopsy or to express concerns about the autopsy; and
538	538	(3) provides for documented and witnessed consent.
539	539	Sec. 2. PERSONS WHO MAY CONSENT OR OBJECT TO POSTMORTEM
540	540	EXAMINATION OR AUTOPSY. The following persons may consent or
541	541	object to a postmortem examination or autopsy:
542	542	(1) the decedent's spouse;
543	543	(2) the decedent's adult children, if there is no
544	544	spouse;
545	545	(3) the decedent's parents, if there is no spouse or
546	546	adult child;
547	547	(4) the decedent's brothers or sisters, if there is no
548	548	spouse, adult child, or parent; or
549	549	(5) the decedent's guardian or other person who under
550	550	law is responsible as executor of the decedent's estate.
551	551	81R32960 YDB-FGallego