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