Texas 2015 - 84th Regular

Texas House Bill HB1145 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R3467 EES-D
2	2	By: Raney H.B. No. 1145
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of an information clearinghouse to
8	8	facilitate embryo adoption and the provision by physicians of
9	9	embryo adoption information to certain patients.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle B, Title 2, Health and Safety Code, is
12	12	amended by adding Chapter 50 to read as follows:
13	13	CHAPTER 50. EMBRYO ADOPTION CLEARINGHOUSE
14	14	Sec. 50.001. DEFINITIONS. In this chapter:
15	15	(1) "Assisted reproduction" has the meaning assigned
16	16	by Section 160.102, Family Code.
17	17	(2) "Clearinghouse" means the embryo adoption
18	18	clearinghouse established under Section 50.002.
19	19	(3) "Department" means the Department of State Health
20	20	Services.
21	21	(4) "Embryo adoption" means the act of transferring to
22	22	another person a human embryo for implantation in any person who is
23	23	not a genetic parent of the human embryo or the spouse of a genetic
24	24	parent of the human embryo.
25	25	(5) "Executive commissioner" means the executive
26	26	commissioner of the Health and Human Services Commission.
27	27	(6) "Human embryo" means a genetically complete living
28	28	organism of the species Homo sapiens, from the single-cell zygote
29	29	stage to eight weeks' development.
30	30	Sec. 50.002. ESTABLISHMENT AND MAINTENANCE OF
31	31	CLEARINGHOUSE. (a) The department shall establish and maintain a
32	32	clearinghouse that contains:
33	33	(1) contact information for persons who want to make a
34	34	human embryo created by means of assisted reproduction available
35	35	for embryo adoption; and
36	36	(2) information provided by persons described by
37	37	Subdivision (1) relating to the human embryo available for embryo
38	38	adoption.
39	39	(b) The department shall make information contained in the
40	40	clearinghouse accessible and searchable by prospective parents and
41	41	their legally authorized representatives who want to obtain a human
42	42	embryo for embryo adoption.
43	43	(c) Only a human embryo that is created by means of assisted
44	44	reproduction may be made available for embryo adoption through the
45	45	clearinghouse.
46	46	(d) The department may not under any circumstances require a
47	47	person to provide information for inclusion in the clearinghouse or
48	48	require a person to access or search information contained in the
49	49	clearinghouse.
50	50	Sec. 50.003. CONSENT. Before making available in the
51	51	clearinghouse any contact information or other information
52	52	relating to a human embryo, the department shall obtain the written
53	53	or electronic consent of:
54	54	(1) the person whose contact information will be made
55	55	available in the clearinghouse; and
56	56	(2) each person who has rights to the human embryo that
57	57	is being made available for embryo adoption.
58	58	Sec. 50.004. PROCEDURE AND PRIVACY RULES. (a) The
59	59	executive commissioner shall adopt any rules necessary for the
60	60	establishment and maintenance of the clearinghouse. The rules must
61	61	include procedures for:
62	62	(1) persons to submit information for inclusion in the
63	63	clearinghouse;
64	64	(2) the department to obtain and verify the consent
65	65	required under Section 50.003;
66	66	(3) persons to withdraw consent for inclusion of
67	67	information in the clearinghouse;
68	68	(4) the department to remove from the clearinghouse
69	69	the information provided by persons who have withdrawn consent; and
70	70	(5) prospective parents or their legally authorized
71	71	representatives to access and search information contained in the
72	72	clearinghouse.
73	73	(b) In adopting rules under Subsection (a), the executive
74	74	commissioner shall prioritize protecting the privacy of each
75	75	person:
76	76	(1) who submits information for inclusion in the
77	77	clearinghouse;
78	78	(2) whose contact information is contained in the
79	79	clearinghouse;
80	80	(3) who is a genetic parent of a human embryo that is
81	81	being made available for embryo adoption through the clearinghouse;
82	82	(4) who has rights to a human embryo that is being made
83	83	available for embryo adoption through the clearinghouse; or
84	84	(5) who accesses or searches information contained in
85	85	the clearinghouse.
86	86	SECTION 2. Chapter 159, Occupations Code, is amended by
87	87	adding Section 159.011 to read as follows:
88	88	Sec. 159.011. INFORMATION ABOUT EMBRYO ADOPTION. (a) In
89	89	this section, "assisted reproduction," "embryo adoption," and
90	90	"human embryo" have the meanings assigned by Section 50.001, Health
91	91	and Safety Code.
92	92	(b) A physician who performs on a patient an assisted
93	93	reproduction procedure that involves the creation of a human embryo
94	94	shall inform the patient of the option of embryo adoption for unused
95	95	human embryos.
96	96	SECTION 3. As soon as possible after the effective date of
97	97	this Act, the Department of State Health Services shall establish
98	98	the embryo adoption clearinghouse required by Section 50.002,
99	99	Health and Safety Code, as added by this Act, and the executive
100	100	commissioner of the Health and Human Services Commission shall
101	101	adopt the rules necessary to implement the clearinghouse as
102	102	provided by Section 50.004, Health and Safety Code, as added by this
103	103	Act.
104	104	SECTION 4. This Act takes effect September 1, 2015.