| 1 | 1 | | 85R1000 JSC-D |
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| 2 | 2 | | By: Howard H.B. No. 227 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to donation of HIV-infected organs, eyes, and tissue to |
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| 8 | 8 | | individuals infected with HIV. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 692A, Health and Safety Code, is amended |
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| 11 | 11 | | by adding Section 692A.0155 to read as follows: |
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| 12 | 12 | | Sec. 692A.0155. ANATOMICAL GIFTS BY HIV-POSITIVE PATIENT. |
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| 13 | 13 | | (a) Subject to federal regulation and rules adopted under this |
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| 14 | 14 | | section, a donor or other person authorized to make an anatomical |
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| 15 | 15 | | gift for the purpose of transplantation or therapy may make a gift |
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| 16 | 16 | | of an organ, an eye, or tissue of a donor who tests positive for |
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| 17 | 17 | | human immunodeficiency virus. |
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| 18 | 18 | | (b) An anatomical gift made under Subsection (a) may be used |
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| 19 | 19 | | only for transplantation into or therapy for a patient who tests |
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| 20 | 20 | | positive for human immunodeficiency virus. |
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| 21 | 21 | | (c) The department shall develop and prepare written |
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| 22 | 22 | | materials to inform a patient or person authorized to consent for a |
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| 23 | 23 | | patient of the nature, consequences, and risks of receiving an |
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| 24 | 24 | | organ, an eye, or tissue for transplantation or therapy from a donor |
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| 25 | 25 | | who is infected with human immunodeficiency virus. The written |
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| 26 | 26 | | materials must include a form to be signed by the patient or person |
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| 27 | 27 | | authorized to consent for the patient indicating that the materials |
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| 28 | 28 | | have been explained to the patient or person and that the patient or |
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| 29 | 29 | | person understands the nature, consequences, and risks of the |
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| 30 | 30 | | patient receiving an anatomical gift that is infected with the |
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| 31 | 31 | | human immunodeficiency virus. |
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| 32 | 32 | | (d) A physician or health care provider shall obtain |
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| 33 | 33 | | informed consent under this section before performing a transplant |
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| 34 | 34 | | or therapy authorized by this section. |
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| 35 | 35 | | (e) A physician or other health care provider who uses an |
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| 36 | 36 | | anatomical gift from a donor infected with human immunodeficiency |
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| 37 | 37 | | virus for transplantation into or therapy for a patient who tests |
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| 38 | 38 | | positive for the human immunodeficiency virus is not subject to |
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| 39 | 39 | | criminal, civil, or administrative penalties solely on the basis |
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| 40 | 40 | | that the organ, eye, or tissue was obtained from an infected donor. |
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| 41 | 41 | | (f) The Texas Medical Board and the executive commissioner |
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| 42 | 42 | | of the Health and Human Services Commission shall jointly adopt |
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| 43 | 43 | | rules to implement this section. |
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| 44 | 44 | | SECTION 2. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2017. |
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