85R3123 DMS-D
By: Rose H.B. No. 1286
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of organs, organ parts, or medically
implanted devices on completion of an autopsy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 9, Article 49.25, Code of Criminal
Procedure, is amended by adding Subsections (d), (e), and (f) to
read as follows:
(d) On completion of an autopsy during which the medical
examiner removes an organ, organ part, or medically implanted
device, the medical examiner performing the autopsy shall retain
the organ, organ part, or medically implanted device if:
(1) the retention is required by law or by published
professional or accreditation standards; or
(2) the medical examiner determines that retention is
necessary for further examination or testing.
(e) If the medical examiner is not required to retain an
organ, organ part, or medically implanted device under Subsection
(d), the medical examiner shall:
(1) dispose of the organ, organ part, or medically
implanted device as medical waste; or
(2) release the organ, organ part, or medically
implanted device to:
(A) the decedent's next of kin or the executor of
the decedent's estate;
(B) a medical laboratory;
(C) a hospital;
(D) an accredited medical school for research or
education purposes;
(E) an organ procurement organization; or
(F) a funeral establishment or crematory.
(f) A medical examiner shall develop a protocol based on
published professional or accreditation standards for the
disposition of organs, organ parts, and medically implanted devices
under this section.
SECTION 2. This Act takes effect September 1, 2017.