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