| 1 | 1 | | 89R3348 CJD-D |
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| 2 | 2 | | By: Shaheen H.B. No. 2845 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the designation of controlled substance overdose for |
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| 10 | 10 | | purposes of the death certificate. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 193.005(e-1), Health and Safety Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (e-1) The medical certification on a death certificate must |
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| 15 | 15 | | include: |
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| 16 | 16 | | (1) either the term "Fentanyl Poisoning" or the term |
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| 17 | 17 | | "Fentanyl Toxicity" if: |
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| 18 | 18 | | (A) [(1)] a toxicology examination reveals a |
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| 19 | 19 | | controlled substance listed in Penalty Group 1-B present in the |
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| 20 | 20 | | body of the decedent in an amount or concentration that is |
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| 21 | 21 | | considered to be lethal by generally accepted scientific standards; |
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| 22 | 22 | | and |
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| 23 | 23 | | (B) [(2)] the results of an autopsy performed on |
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| 24 | 24 | | the decedent are consistent with an opioid overdose as the cause of |
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| 25 | 25 | | death; and |
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| 26 | 26 | | (2) the term "Controlled Substance Overdose" and, if |
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| 27 | 27 | | possible to ascertain, the type of controlled substance present in |
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| 28 | 28 | | the body of the decedent if: |
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| 29 | 29 | | (A) a toxicology examination reveals a |
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| 30 | 30 | | controlled substance, other than a controlled substance listed in |
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| 31 | 31 | | Penalty Group 1-B, present in the body of the decedent in an amount |
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| 32 | 32 | | or concentration that is considered to be lethal by generally |
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| 33 | 33 | | accepted scientific standards; and |
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| 34 | 34 | | (B) the results of an autopsy performed on the |
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| 35 | 35 | | decedent are consistent with a controlled substance overdose as the |
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| 36 | 36 | | cause of death. |
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| 37 | 37 | | SECTION 2. The change in law made by this Act applies only |
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| 38 | 38 | | to a death that occurs on or after the effective date of this Act or |
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| 39 | 39 | | a death that occurs before that date but is discovered on or after |
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| 40 | 40 | | the effective date of this Act. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2025. |
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