84R3467 EES-D
By: Raney H.B. No. 1145
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an information clearinghouse to
facilitate embryo adoption and the provision by physicians of
embryo adoption information to certain patients.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Health and Safety Code, is
amended by adding Chapter 50 to read as follows:
CHAPTER 50. EMBRYO ADOPTION CLEARINGHOUSE
Sec. 50.001. DEFINITIONS. In this chapter:
(1) "Assisted reproduction" has the meaning assigned
by Section 160.102, Family Code.
(2) "Clearinghouse" means the embryo adoption
clearinghouse established under Section 50.002.
(3) "Department" means the Department of State Health
Services.
(4) "Embryo adoption" means the act of transferring to
another person a human embryo for implantation in any person who is
not a genetic parent of the human embryo or the spouse of a genetic
parent of the human embryo.
(5) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(6) "Human embryo" means a genetically complete living
organism of the species Homo sapiens, from the single-cell zygote
stage to eight weeks' development.
Sec. 50.002. ESTABLISHMENT AND MAINTENANCE OF
CLEARINGHOUSE. (a) The department shall establish and maintain a
clearinghouse that contains:
(1) contact information for persons who want to make a
human embryo created by means of assisted reproduction available
for embryo adoption; and
(2) information provided by persons described by
Subdivision (1) relating to the human embryo available for embryo
adoption.
(b) The department shall make information contained in the
clearinghouse accessible and searchable by prospective parents and
their legally authorized representatives who want to obtain a human
embryo for embryo adoption.
(c) Only a human embryo that is created by means of assisted
reproduction may be made available for embryo adoption through the
clearinghouse.
(d) The department may not under any circumstances require a
person to provide information for inclusion in the clearinghouse or
require a person to access or search information contained in the
clearinghouse.
Sec. 50.003. CONSENT. Before making available in the
clearinghouse any contact information or other information
relating to a human embryo, the department shall obtain the written
or electronic consent of:
(1) the person whose contact information will be made
available in the clearinghouse; and
(2) each person who has rights to the human embryo that
is being made available for embryo adoption.
Sec. 50.004. PROCEDURE AND PRIVACY RULES. (a) The
executive commissioner shall adopt any rules necessary for the
establishment and maintenance of the clearinghouse. The rules must
include procedures for:
(1) persons to submit information for inclusion in the
clearinghouse;
(2) the department to obtain and verify the consent
required under Section 50.003;
(3) persons to withdraw consent for inclusion of
information in the clearinghouse;
(4) the department to remove from the clearinghouse
the information provided by persons who have withdrawn consent; and
(5) prospective parents or their legally authorized
representatives to access and search information contained in the
clearinghouse.
(b) In adopting rules under Subsection (a), the executive
commissioner shall prioritize protecting the privacy of each
person:
(1) who submits information for inclusion in the
clearinghouse;
(2) whose contact information is contained in the
clearinghouse;
(3) who is a genetic parent of a human embryo that is
being made available for embryo adoption through the clearinghouse;
(4) who has rights to a human embryo that is being made
available for embryo adoption through the clearinghouse; or
(5) who accesses or searches information contained in
the clearinghouse.
SECTION 2. Chapter 159, Occupations Code, is amended by
adding Section 159.011 to read as follows:
Sec. 159.011. INFORMATION ABOUT EMBRYO ADOPTION. (a) In
this section, "assisted reproduction," "embryo adoption," and
"human embryo" have the meanings assigned by Section 50.001, Health
and Safety Code.
(b) A physician who performs on a patient an assisted
reproduction procedure that involves the creation of a human embryo
shall inform the patient of the option of embryo adoption for unused
human embryos.
SECTION 3. As soon as possible after the effective date of
this Act, the Department of State Health Services shall establish
the embryo adoption clearinghouse required by Section 50.002,
Health and Safety Code, as added by this Act, and the executive
commissioner of the Health and Human Services Commission shall
adopt the rules necessary to implement the clearinghouse as
provided by Section 50.004, Health and Safety Code, as added by this
Act.
SECTION 4. This Act takes effect September 1, 2015.