Texas 2017 85th Regular

Texas House Bill HB1285 Comm Sub / Bill

Filed 04/19/2017

                    85R18986 DMS-F
 By: Rose H.B. No. 1285
 Substitute the following for H.B. No. 1285:
 By:  Moody C.S.H.B. No. 1285


 A BILL TO BE ENTITLED
 AN ACT
 relating to the delegation of death certification to attending
 physicians in certain counties.
 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 11a to read as follows:
 Sec. 11a.  CERTIFICATION OF DEATH BY ATTENDING PHYSICIAN.
 If after conducting an inquest, a medical examiner in a county with
 a population of more than one million determines that a person's
 death is due to natural causes, the medical examiner may delegate,
 with the consent of the physician, the authority to complete the
 medical certification for the person's death and to sign the death
 certificate to:
 (1)  the person's attending physician at the time of the
 person's death; or
 (2)  another attending physician who treated the person
 during the 12 months preceding the person's death.
 SECTION 2.  Section 193.005(e), Health and Safety Code, is
 amended to read as follows:
 (e)  A person conducting an inquest required by Chapter 49,
 Code of Criminal Procedure, or an attending physician to whom a
 medical examiner has delegated certification authority as provided
 by Section 11a, Article 49.25, Code of Criminal Procedure, shall:
 (1)  complete the medical certification not later than
 the fifth day after the date [five days after receiving] the death
 or fetal death certificate is received; and
 (2)  state on the medical certification the disease
 that caused the death or, if the death was from external causes, the
 means of death and whether the death was probably accidental,
 suicidal, or homicidal, and any other information required by the
 state registrar to properly classify the death.
 SECTION 3.  This Act takes effect September 1, 2017.