89R3348 CJD-D
By: Shaheen H.B. No. 2845
A BILL TO BE ENTITLED
AN ACT
relating to the designation of controlled substance overdose for
purposes of the death certificate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 193.005(e-1), Health and Safety Code, is
amended to read as follows:
(e-1) The medical certification on a death certificate must
include:
(1) either the term "Fentanyl Poisoning" or the term
"Fentanyl Toxicity" if:
(A) [(1)] a toxicology examination reveals a
controlled substance listed in Penalty Group 1-B present in the
body of the decedent in an amount or concentration that is
considered to be lethal by generally accepted scientific standards;
and
(B) [(2)] the results of an autopsy performed on
the decedent are consistent with an opioid overdose as the cause of
death; and
(2) the term "Controlled Substance Overdose" and, if
possible to ascertain, the type of controlled substance present in
the body of the decedent if:
(A) a toxicology examination reveals a
controlled substance, other than a controlled substance listed in
Penalty Group 1-B, present in the body of the decedent in an amount
or concentration that is considered to be lethal by generally
accepted scientific standards; and
(B) the results of an autopsy performed on the
decedent are consistent with a controlled substance overdose as the
cause of death.
SECTION 2. The change in law made by this Act applies only
to a death that occurs on or after the effective date of this Act or
a death that occurs before that date but is discovered on or after
the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.