By: Huffman S.B. No. 1186
A BILL TO BE ENTITLED
AN ACT
relating to the use by a medical examiner of certain medical waste
and autopsy records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 49.25, Code of Criminal Procedure, is
amended by adding Section 13B to read as follows:
Sec. 13B. EDUCATION AND RESEARCH. (a) For purposes of this
section, "medical waste" has the meaning assigned to the term
"special waste from health care-related facilities" by Department
of State Health Services rule, except that the term does not
include:
(1) waste produced on a farm or ranch as defined by
Section 151.316, Tax Code; or
(2) artificial, nonhuman materials removed from a
patient and requested by the patient, including orthopedic devices
and breast implants.
(b) Except as provided by Subsection (d), a medical examiner
may use tissue that is removed from a body during an autopsy to
perform educational, diagnostic, or research activities after the
autopsy if the tissue is medical waste. These activities may be
conducted in collaboration with a nationally recognized research or
educational institution. Any tissue used must be deidentified.
(c) Research activities conducted in collaboration with a
nationally recognized research or educational institution must be
reviewed, in each case, by an institutional review board for
compliance with applicable state and federal law.
(d) A medical examiner may not use tissue under Subsection
(b) if the medical examiner receives a notarized affidavit signed
by an individual authorized to make an anatomical gift on behalf of
a decedent under Section 692A.009, Health and Safety Code, and
stating that the decedent had a religious belief against the use of
tissue removed from a body during the performance of an autopsy.
SECTION 2. This Act takes effect September 1, 2013.