| 1 | 1 | | 85R3122 DMS-F |
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| 2 | 2 | | By: West S.B. No. 335 |
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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 the delegation of death certification to attending |
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| 8 | 8 | | physicians in certain counties. |
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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. Article 49.25, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Section 11a to read as follows: |
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| 12 | 12 | | Sec. 11a. CERTIFICATION OF DEATH BY ATTENDING PHYSICIAN. |
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| 13 | 13 | | If after conducting an inquest, a medical examiner in a county with |
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| 14 | 14 | | a population of more than one million determines that a person's |
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| 15 | 15 | | death is due to natural causes, the medical examiner may delegate |
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| 16 | 16 | | the authority to complete the medical certification for the |
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| 17 | 17 | | person's death and to sign the death certificate to: |
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| 18 | 18 | | (1) the person's attending physician at the time of the |
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| 19 | 19 | | person's death; or |
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| 20 | 20 | | (2) another attending physician who treated the person |
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| 21 | 21 | | during the 12 months preceding the person's death. |
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| 22 | 22 | | SECTION 2. Section 193.005(e), Health and Safety Code, is |
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| 23 | 23 | | amended to read as follows: |
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| 24 | 24 | | (e) A person conducting an inquest required by Chapter 49, |
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| 25 | 25 | | Code of Criminal Procedure, or an attending physician to whom a |
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| 26 | 26 | | medical examiner has delegated certification authority as provided |
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| 27 | 27 | | by Section 11a, Article 49.25, Code of Criminal Procedure, shall: |
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| 28 | 28 | | (1) complete the medical certification not later than |
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| 29 | 29 | | the fifth day after the date [five days after receiving] the death |
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| 30 | 30 | | or fetal death certificate is received; and |
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| 31 | 31 | | (2) state on the medical certification the disease |
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| 32 | 32 | | that caused the death or, if the death was from external causes, the |
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| 33 | 33 | | means of death and whether the death was probably accidental, |
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| 34 | 34 | | suicidal, or homicidal, and any other information required by the |
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| 35 | 35 | | state registrar to properly classify the death. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2017. |
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