| 1 | 1 | | 85R3123 DMS-D |
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| 2 | 2 | | By: West S.B. No. 336 |
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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 disposition of organs, organ parts, or medically |
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| 8 | 8 | | implanted devices on completion of an autopsy. |
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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. Section 9, Article 49.25, Code of Criminal |
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| 11 | 11 | | Procedure, is amended by adding Subsections (d), (e), and (f) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (d) On completion of an autopsy during which the medical |
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| 14 | 14 | | examiner removes an organ, organ part, or medically implanted |
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| 15 | 15 | | device, the medical examiner performing the autopsy shall retain |
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| 16 | 16 | | the organ, organ part, or medically implanted device if: |
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| 17 | 17 | | (1) the retention is required by law or by published |
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| 18 | 18 | | professional or accreditation standards; or |
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| 19 | 19 | | (2) the medical examiner determines that retention is |
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| 20 | 20 | | necessary for further examination or testing. |
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| 21 | 21 | | (e) If the medical examiner is not required to retain an |
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| 22 | 22 | | organ, organ part, or medically implanted device under Subsection |
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| 23 | 23 | | (d), the medical examiner shall: |
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| 24 | 24 | | (1) dispose of the organ, organ part, or medically |
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| 25 | 25 | | implanted device as medical waste; or |
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| 26 | 26 | | (2) release the organ, organ part, or medically |
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| 27 | 27 | | implanted device to: |
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| 28 | 28 | | (A) the decedent's next of kin or the executor of |
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| 29 | 29 | | the decedent's estate; |
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| 30 | 30 | | (B) a medical laboratory; |
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| 31 | 31 | | (C) a hospital; |
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| 32 | 32 | | (D) an accredited medical school for research or |
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| 33 | 33 | | education purposes; |
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| 34 | 34 | | (E) an organ procurement organization; or |
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| 35 | 35 | | (F) a funeral establishment or crematory. |
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| 36 | 36 | | (f) A medical examiner shall develop a protocol based on |
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| 37 | 37 | | published professional or accreditation standards for the |
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| 38 | 38 | | disposition of organs, organ parts, and medically implanted devices |
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| 39 | 39 | | under this section. |
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| 40 | 40 | | SECTION 2. This Act takes effect September 1, 2017. |
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