| 1 | 1 | | 88R3381 EAS-D |
|---|
| 2 | 2 | | By: Goodwin H.B. No. 326 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a health facility's removal of medical equipment from a |
|---|
| 8 | 8 | | deceased individual's body before transfer to a funeral director; |
|---|
| 9 | 9 | | authorizing an administrative penalty. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Title 4, Health and Safety Code, is amended by |
|---|
| 12 | 12 | | adding Subtitle H to read as follows: |
|---|
| 13 | 13 | | SUBTITLE H. POWERS AND DUTIES OF HEALTH FACILITIES |
|---|
| 14 | 14 | | CHAPTER 331. GENERAL DUTIES OF HEALTH FACILITIES |
|---|
| 15 | 15 | | Sec. 331.001. REMOVAL OF MEDICAL EQUIPMENT FROM DECEASED |
|---|
| 16 | 16 | | INDIVIDUAL; ADMINISTRATIVE PENALTY. (a) In this section: |
|---|
| 17 | 17 | | (1) "Commission" means the Health and Human Services |
|---|
| 18 | 18 | | Commission. |
|---|
| 19 | 19 | | (2) "Funeral director" has the meaning assigned by |
|---|
| 20 | 20 | | Section 651.001, Occupations Code. |
|---|
| 21 | 21 | | (3) "Health facility" means a facility licensed under |
|---|
| 22 | 22 | | Subtitle B. |
|---|
| 23 | 23 | | (4) "Medical equipment" means an instrument, |
|---|
| 24 | 24 | | apparatus, implement, machine, contrivance, or other article, |
|---|
| 25 | 25 | | other than an implant, that is used in the treatment, monitoring, or |
|---|
| 26 | 26 | | diagnosis of a patient, including: |
|---|
| 27 | 27 | | (A) catheters; |
|---|
| 28 | 28 | | (B) cannulae; |
|---|
| 29 | 29 | | (C) defibrillator pads; |
|---|
| 30 | 30 | | (D) drains; |
|---|
| 31 | 31 | | (E) endotracheal tubes; |
|---|
| 32 | 32 | | (F) feeding tubes; and |
|---|
| 33 | 33 | | (G) intravascular lines. |
|---|
| 34 | 34 | | (b) If an individual dies in a health facility, the facility |
|---|
| 35 | 35 | | shall remove all medical equipment from the deceased individual's |
|---|
| 36 | 36 | | body before the body is transferred to a funeral director in |
|---|
| 37 | 37 | | accordance with Section 651.401, Occupations Code. |
|---|
| 38 | 38 | | (c) The commission shall impose an administrative penalty |
|---|
| 39 | 39 | | against a health facility that violates this section. The penalty |
|---|
| 40 | 40 | | may not exceed $500 for each violation. |
|---|
| 41 | 41 | | SECTION 2. Section 331.001, Health and Safety Code, as |
|---|
| 42 | 42 | | added by this Act, applies only to the body of an individual who |
|---|
| 43 | 43 | | dies on or after the effective date of this Act. |
|---|
| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|