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AN ACT
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relating to adoption of the Revised Uniform Anatomical Gift Act; |
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providing criminal penalties. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Subtitle B, Title 8, Health and Safety Code, is |
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amended by adding Chapter 692A to read as follows: |
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CHAPTER 692A. �REVISED UNIFORM ANATOMICAL GIFT ACT |
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�������Sec.�692A.001.��SHORT TITLE. This chapter may be cited as |
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the Revised Uniform Anatomical Gift Act. |
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�������Sec.�692A.002.��DEFINITIONS. In this chapter: |
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�������������(1)��"Adult" means an individual who is at least 18 |
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years of age. |
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�������������(2)��"Agent" means an individual: |
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�������������������(A)��authorized to make health care decisions on |
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the principal's behalf by a medical power of attorney; or |
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�������������������(B)��expressly authorized to make an anatomical |
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gift on the principal's behalf by any other record signed by the |
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principal. |
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�������������(3)��"Anatomical gift" means a donation of all or part |
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of a human body to take effect after the donor's death for the |
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purpose of transplantation, therapy, research, or education. |
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�������������(4)��"Commissioner" means the commissioner of state |
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health services. |
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�������������(5)��"Decedent" means a deceased individual whose body |
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or part is or may be the source of an anatomical gift. �The term |
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includes a stillborn infant and, subject to restrictions imposed by |
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law other than this chapter, a fetus. |
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�������������(6)��"Department" means the Department of State Health |
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Services. |
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�������������(7)��"Disinterested witness" means a witness other than |
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the spouse, child, parent, sibling, grandchild, grandparent, or |
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guardian of the individual who makes, amends, revokes, or refuses |
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to make an anatomical gift, or another adult who exhibited special |
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care and concern for the individual. �The term does not include a |
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person to which an anatomical gift could pass under Section |
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692A.011. |
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�������������(8)��"Document of gift" means a donor card or other |
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record used to make an anatomical gift. The term includes a |
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statement or symbol on a driver's license, identification card, or |
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donor registry. |
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�������������(9)��"Donor" means an individual whose body or part is |
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the subject of an anatomical gift. |
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�������������(10)��"Donor registry" means a database that contains |
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records of anatomical gifts and amendments to or revocations of |
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anatomical gifts. |
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�������������(11)��"Driver's license" means a license or permit |
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issued by the Department of Public Safety to operate a vehicle, |
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whether or not conditions are attached to the license or permit. |
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�������������(12)��"Eye bank" means a person that is licensed, |
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accredited, or regulated under federal or state law to engage in the |
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recovery, screening, testing, processing, storage, or distribution |
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of human eyes or portions of human eyes. |
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�������������(13)��"Guardian" means a person appointed by a court to |
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make decisions regarding the support, care, education, health, or |
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welfare of an individual. The term does not include a guardian ad |
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litem. |
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�������������(14)��"Hospital" means a facility licensed as a |
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hospital under the law of any state or a facility operated as a |
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hospital by the United States, a state, or a subdivision of a state. |
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�������������(15)��"Identification card" means an identification |
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card issued by the Department of Public Safety. |
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�������������(16)��"Imminent death" means a patient who requires |
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mechanical ventilation, has a severe neurologic injury, and meets |
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certain clinical criteria indicating that neurologic death is near |
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or a patient for whom withdrawal of ventilatory support is being |
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considered. |
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�������������(17)��"Know" means to have actual knowledge. |
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�������������(18)��"Minor" means an individual who is under 18 years |
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of age. |
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�������������(19)��"Organ procurement organization" means a person |
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designated by the secretary of the United States Department of |
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Health and Human Services as an organ procurement organization. |
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�������������(20)��"Parent" means a parent whose parental rights |
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have not been terminated. |
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�������������(21)��"Part" means an organ, an eye, or tissue of a |
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human being. The term does not include the whole body. |
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�������������(22)��"Person" means an individual, corporation, |
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business trust, estate, trust, partnership, limited liability |
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company, association, joint venture, public corporation, |
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government or governmental subdivision, agency, or |
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instrumentality, or any other legal or commercial entity. |
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�������������(23)��"Physician" means an individual authorized to |
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practice medicine or osteopathy under the law of any state. |
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�������������(24)��"Procurement organization" means an eye bank, |
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organ procurement organization, or tissue bank. |
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�������������(25)��"Prospective donor" means an individual who is |
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dead or near death and has been determined by a procurement |
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organization to have a part that could be medically suitable for |
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transplantation, therapy, research, or education. The term does not |
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include an individual who has made a refusal. |
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�������������(26)��"Reasonably available" means able to be contacted |
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by a procurement organization without undue effort and willing and |
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able to act in a timely manner consistent with existing medical |
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criteria necessary for the making of an anatomical gift. |
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�������������(27)��"Recipient" means an individual into whose body a |
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decedent's part has been or is intended to be transplanted. |
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�������������(28)��"Record" means information that is inscribed on a |
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tangible medium or that is stored in an electronic or other medium |
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and is retrievable in perceivable form. |
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�������������(29)��"Refusal" means a record created under Section |
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692A.007 that expressly states an intent to bar other persons from |
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making an anatomical gift of an individual's body or part. |
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�������������(30)��"Sign" means, with the present intent to |
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authenticate or adopt a record: |
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�������������������(A)��to execute or adopt a tangible symbol; or |
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�������������������(B)��to attach to or logically associate with the |
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record an electronic symbol, sound, or process. |
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�������������(31)��"State" means a state of the United States, the |
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District of Columbia, Puerto Rico, the United States Virgin |
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Islands, or any territory or insular possession subject to the |
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jurisdiction of the United States. |
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�������������(32)��"Technician" means an individual determined to be |
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qualified to remove or process parts by an appropriate organization |
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that is licensed, accredited, or regulated under federal or state |
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law. The term includes an enucleator. |
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�������������(33)��"Timely notification" means notification of an |
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imminent death to the organ procurement organization within one |
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hour of the patient's meeting the criteria for imminent death and |
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before the withdrawal of any life sustaining therapies. With |
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respect to cardiac death, timely notification means notification to |
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the organ procurement organization within one hour of the cardiac |
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death. |
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�������������(34)��"Tissue" means a portion of the human body other |
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than an organ or an eye. The term does not include blood unless the |
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blood is donated for the purpose of research or education. |
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�������������(35)��"Tissue bank" means a person licensed, |
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accredited, or regulated under federal or state law to engage in the |
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recovery, screening, testing, processing, storage, or distribution |
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of tissue. |
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�������������(36)��"Transplant hospital" means a hospital that |
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furnishes organ transplants and other medical and surgical |
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specialty services required for the care of transplant patients. |
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�������������(37)��"Visceral organ" means the heart, kidney, or |
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liver or another organ or tissue that requires a patient support |
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system to maintain the viability of the organ or tissue. |
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�������Sec.�692A.003.��APPLICABILITY. �This chapter applies to an |
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anatomical gift or amendment to, revocation of, or refusal to make |
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an anatomical gift, whenever made. |
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�������Sec.�692A.004.��PERSONS AUTHORIZED TO MAKE ANATOMICAL GIFT |
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BEFORE DONOR'S DEATH. �Subject to Section 692A.008, an anatomical |
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gift of a donor's body or part may be made during the life of the |
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donor for the purpose of transplantation, therapy, research, or |
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education in the manner provided in Section 692A.005 by: |
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�������������(1)��the donor, if the donor is an adult or if the donor |
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is a minor and is: |
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�������������������(A)��emancipated; or |
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�������������������(B)��authorized under state law to apply for a |
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driver's license because the donor is at least 16 years of age and: |
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�������������������������(i)��circumstances allow the donation to be |
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actualized prior to 18 years of age; and |
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�������������������������(ii)��an organ procurement organization |
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obtains signed written consent from the minor's parent, guardian, |
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or custodian as in Subdivision (3); |
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�������������(2)��an agent of the donor, unless the medical power of |
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attorney or other record prohibits the agent from making an |
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anatomical gift; |
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�������������(3)��a parent of the donor, if the donor is an |
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unemancipated minor; or |
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�������������(4)��the donor's guardian. |
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�������Sec.�692A.005.��MANNER OF MAKING ANATOMICAL GIFT BEFORE |
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DONOR'S DEATH. (a) �A donor may make an anatomical gift: |
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�������������(1)��by authorizing a statement or symbol indicating |
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that the donor has made an anatomical gift to be imprinted on the |
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donor's driver's license or identification card; |
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�������������(2)��in a will; |
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�������������(3)��during a terminal illness or injury of the donor, |
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by any form of communication addressed to at least two adults, at |
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least one of whom is a disinterested witness; or |
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�������������(4)��as provided in Subsection (b). |
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�������(b)��A donor or other person authorized to make an anatomical |
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gift under Section 692A.004 may make a gift by a donor card or other |
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record signed by the donor or other person making the gift or by |
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authorizing that a statement or symbol indicating the donor has |
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made an anatomical gift be included on a donor registry. If the |
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donor or other person is physically unable to sign a record, the |
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record may be signed by another individual at the direction of the |
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donor or other person and must: |
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�������������(1)��be witnessed by at least two adults, at least one |
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of whom is a disinterested witness, who have signed at the request |
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of the donor or the other person; and |
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�������������(2)��state that the record has been signed and |
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witnessed as provided in Subdivision (1). |
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�������(c)��Revocation, suspension, expiration, or cancellation of |
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a driver's license or identification card on which an anatomical |
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gift is indicated does not invalidate the gift. |
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�������(d)��An anatomical gift made by will takes effect on the |
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donor's death whether or not the will is probated. Invalidation of |
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the will after the donor's death does not invalidate the gift. |
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�������Sec.�692A.006.��AMENDING OR REVOKING ANATOMICAL GIFT BEFORE |
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DONOR'S DEATH. (a) �Subject to Section 692A.008, a donor or other |
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person authorized to make an anatomical gift under Section 692A.004 |
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may amend or revoke an anatomical gift by: |
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�������������(1)��a record signed by: |
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�������������������(A)��the donor; |
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�������������������(B)��the other person; or |
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�������������������(C)��subject to Subsection (b), another |
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individual acting at the direction of the donor or the other person |
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if the donor or other person is physically unable to sign; or |
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�������������(2)��a later-executed document of gift that amends or |
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revokes a previous anatomical gift or portion of an anatomical |
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gift, either expressly or by inconsistency. |
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�������(b)��A record signed pursuant to Subsection (a)(1)(C) must: |
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�������������(1)��be witnessed by at least two adults, at least one |
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of whom is a disinterested witness, who have signed at the request |
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of the donor or the other person; and |
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�������������(2)��state that the record has been signed and |
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witnessed as provided in Subdivision (1). |
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�������(c)��Subject to Section 692A.008, a donor or other person |
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authorized to make an anatomical gift under Section 692A.004 may |
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revoke an anatomical gift by the destruction or cancellation of the |
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document of gift, or the portion of the document of gift used to |
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make the gift, with the intent to revoke the gift. |
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�������(d)��A donor may amend or revoke an anatomical gift that was |
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not made in a will by any form of communication during a terminal |
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illness or injury addressed to at least two adults, at least one of |
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whom is a disinterested witness. |
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�������(e)��A donor who makes an anatomical gift in a will may amend |
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or revoke the gift in the manner provided for amendment or |
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revocation of wills or as provided in Subsection (a). |
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�������Sec.�692A.007.��REFUSAL TO MAKE ANATOMICAL GIFT; EFFECT OF |
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REFUSAL. (a) �An individual may refuse to make an anatomical gift |
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of the individual's body or part by: |
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�������������(1)��a record signed by: |
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�������������������(A)��the individual; or |
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�������������������(B)��subject to Subsection (b), another |
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individual acting at the direction of the individual if the |
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individual is physically unable to sign; |
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�������������(2)��the individual's will, whether or not the will is |
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admitted to probate or invalidated after the individual's death; or |
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�������������(3)��any form of communication made by the individual |
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during the individual's terminal illness or injury addressed to at |
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least two adults, at least one of whom is a disinterested witness. |
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�������(b)��A record signed pursuant to Subsection (a)(1)(B) must: |
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�������������(1)��be witnessed by at least two adults, at least one |
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of whom is a disinterested witness, who have signed at the request |
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of the individual; and |
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�������������(2)��state that the record has been signed and |
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witnessed as provided in Subdivision (1). |
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�������(c)��An individual who has made a refusal may amend or revoke |
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the refusal: |
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�������������(1)��in the manner provided in Subsection (a) for |
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making a refusal; |
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�������������(2)��by subsequently making an anatomical gift pursuant |
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to Section 692A.005 that is inconsistent with the refusal; or |
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�������������(3)��by destroying or canceling the record evidencing |
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the refusal, or the portion of the record used to make the refusal, |
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with the intent to revoke the refusal. |
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�������(d)��Except as otherwise provided in Section 692A.008(h), in |
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the absence of an express, contrary indication by the individual |
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set forth in the refusal, an individual's unrevoked refusal to make |
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an anatomical gift of the individual's body or part bars all other |
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persons from making an anatomical gift of the individual's body or |
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part. |
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�������Sec.�692A.008.��PRECLUSIVE EFFECT OF ANATOMICAL GIFT, |
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AMENDMENT, OR REVOCATION. (a) �Except as otherwise provided in |
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Subsection (g) and subject to Subsection (f), in the absence of an |
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express, contrary indication by the donor, a person other than the |
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donor is barred from making, amending, or revoking an anatomical |
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gift of a donor's body or part if the donor made an anatomical gift |
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of the donor's body or part under Section 692A.005 or an amendment |
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to an anatomical gift of the donor's body or part under Section |
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692A.006. |
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�������(b)��A donor's revocation of an anatomical gift of the |
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donor's body or part under Section 692A.006 is not a refusal and |
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does not bar another person specified in Section 692A.004 or |
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Section 692A.009 from making an anatomical gift of the donor's body |
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or part under Section 692A.005 or Section 692A.010. |
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�������(c)��If a person other than the donor makes an unrevoked |
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anatomical gift of the donor's body or part under Section 692A.005 |
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or an amendment to an anatomical gift of the donor's body or part |
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under Section 692A.006, another person may not make, amend, or |
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revoke the gift of the donor's body or part under Section 692A.010. |
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�������(d)��A revocation of an anatomical gift of a donor's body or |
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part under Section 692A.006 by a person other than the donor does |
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not bar another person from making an anatomical gift of the body or |
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part under Section 692A.005 or Section 692A.010. |
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�������(e)��In the absence of an express, contrary indication by the |
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donor or other person authorized to make an anatomical gift under |
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Section 692A.004, an anatomical gift of a part is neither a refusal |
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to give another part nor a limitation on the making of an anatomical |
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gift of another part at a later time by the donor or another person. |
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�������(f)��In the absence of an express, contrary indication by the |
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donor or other person authorized to make an anatomical gift under |
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Section 692A.004, an anatomical gift of a part for one or more of |
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the purposes set forth in Section 692A.004 is not a limitation on |
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the making of an anatomical gift of the part for any of the other |
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purposes by the donor or any other person under Section 692A.005 or |
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Section 692A.010. |
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�������(g)��If a donor who is an unemancipated minor dies, a parent |
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of the donor who is reasonably available may revoke or amend an |
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anatomical gift of the donor's body or part. |
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�������(h)��If an unemancipated minor who signed a refusal dies, a |
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parent of the minor who is reasonably available may revoke the |
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minor's refusal. |
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�������Sec.�692A.009.��WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S |
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BODY OR PART. (a) Subject to Subsections (b) and (c) and unless |
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barred by Section 692A.007 or Section 692A.008, an anatomical gift |
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of a decedent's body or part for the purpose of transplantation, |
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therapy, research, or education may be made by any member of the |
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following classes of persons who is reasonably available, in the |
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order of priority listed: |
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�������������(1)��an agent of the decedent at the time of death who |
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could have made an anatomical gift under Section 692A.004(2) |
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immediately before the decedent's death; |
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�������������(2)��the spouse of the decedent; |
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�������������(3)��adult children of the decedent; |
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�������������(4)��parents of the decedent; |
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�������������(5)��adult siblings of the decedent; |
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�������������(6)��adult grandchildren of the decedent; |
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�������������(7)��grandparents of the decedent; |
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�������������(8)��an adult who exhibited special care and concern |
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for the decedent; |
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�������������(9)��the persons who were acting as the guardians of the |
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person of the decedent at the time of death; |
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�������������(10)��the hospital administrator; and |
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�������������(11)��any other person having the authority to dispose |
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of the decedent's body. |
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�������(b)��If there is more than one member of a class listed in |
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Subsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to make |
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an anatomical gift, an anatomical gift may be made by a member of |
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the class unless that member or a person to which the gift may pass |
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under Section 692A.011 knows of an objection by another member of |
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the class. �If an objection is known, the gift may be made only by a |
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majority of the members of the class who are reasonably available. |
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�������(c)��A person may not make an anatomical gift if, at the time |
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of the decedent's death, a person in a prior class under Subsection |
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(a) is reasonably available to make or to object to the making of an |
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anatomical gift. |
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�������Sec.�692A.010.��MANNER OF MAKING, AMENDING, OR REVOKING |
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ANATOMICAL GIFT OF DECEDENT'S BODY OR PART. (a) �A person |
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authorized to make an anatomical gift under Section 692A.009 may |
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make an anatomical gift by a document of gift signed by the person |
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making the gift or by that person's oral communication that is |
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electronically recorded or is contemporaneously reduced to a record |
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and signed by the individual receiving the oral communication. |
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�������(b)��Subject to Subsection (c), an anatomical gift by a |
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person authorized under Section 692A.009 may be amended or revoked |
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orally or in a record by any member of a prior class who is |
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reasonably available. If more than one member of the prior class is |
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reasonably available, the gift made by a person authorized under |
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Section 692A.009 may be: |
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�������������(1)��amended only if a majority of the reasonably |
�
|
available members agree to the amending of the gift; or |
�
|
�������������(2)��revoked only if a majority of the reasonably |
�
|
available members agree to the revoking of the gift or if they are |
�
|
equally divided as to whether to revoke the gift. |
�
|
�������(c)��A revocation under Subsection (b) is effective only if, |
�
|
before an incision has been made to remove a part from the donor's |
�
|
body or before the initiation of invasive procedures to prepare the |
�
|
recipient, the procurement organization, transplant hospital, or |
�
|
physician or technician knows of the revocation. |
�
|
�������Sec.�692A.011.��PERSONS THAT MAY RECEIVE ANATOMICAL GIFT; |
�
|
PURPOSE OF ANATOMICAL GIFT. �(a) �An anatomical gift may be made to |
�
|
the following persons named in the document of gift: |
�
|
�������������(1)��an organ procurement organization to be used for |
�
|
transplantation, therapy, research, or education; |
�
|
�������������(2)��a hospital to be used for research; |
�
|
�������������(3)��subject to Subsection (d), an individual |
�
|
designated by the person making the anatomical gift if the |
�
|
individual is the recipient of the part; |
�
|
�������������(4)��an eye bank or tissue bank, except that use of a |
�
|
gift of a whole body must be coordinated through the Anatomical |
�
|
Board of the State of Texas; |
�
|
�������������(5)��a forensic science program at: |
�
|
�������������������(A)��a general academic teaching institution as |
�
|
defined by Section 61.003, Education Code; or |
�
|
�������������������(B)��a private or independent institution of |
�
|
higher education as defined by Section 61.003, Education Code; or |
�
|
�������������(6)��the Anatomical Board of the State of Texas. |
�
|
�������(b)��Except for donations described by Subsections (a)(1) |
�
|
through (5), the Anatomical Board of the State of Texas shall be the |
�
|
donee of gifts of bodies or parts of bodies made for the purpose of |
�
|
education or research that are subject to distribution by the board |
�
|
under Chapter 691. |
�
|
�������(c)��A forensic science program that receives a donation |
�
|
under Subsection (a)(5) must submit a report to the Anatomical |
�
|
Board of the State of Texas on a quarterly basis that lists: |
�
|
�������������(1)��the number of bodies or parts of bodies that the |
�
|
program received; and |
�
|
�������������(2)��the method in which the program used the bodies or |
�
|
parts of bodies for education or research. |
�
|
�������(d)��If an anatomical gift to an individual under Subsection |
�
|
(a)(3) cannot be transplanted into the individual, the part passes |
�
|
in accordance with Subsection (i) in the absence of an express, |
�
|
contrary indication by the person making the anatomical gift. |
�
|
�������(e)��If an anatomical gift of one or more specific parts or of |
�
|
all parts is made in a document of gift that does not name a person |
�
|
described in Subsection (a) but identifies the purpose for which an |
�
|
anatomical gift may be used, the following rules apply: |
�
|
�������������(1)��if the part is an eye and the gift is for the |
�
|
purpose of transplantation or therapy, the gift passes to the |
�
|
appropriate eye bank; |
�
|
�������������(2)��if the part is tissue and the gift is for the |
�
|
purpose of transplantation or therapy, the gift passes to the |
�
|
appropriate tissue bank; |
�
|
�������������(3)��if the part is an organ and the gift is for the |
�
|
purpose of transplantation or therapy, the gift passes to the |
�
|
appropriate organ procurement organization as custodian of the |
�
|
organ; and |
�
|
�������������(4)��if the part is an organ, an eye, or tissue and the |
�
|
gift is for the purpose of research or education, the gift passes to |
�
|
the appropriate procurement organization. |
�
|
�������(f)��For the purpose of Subsection (e), if there is more than |
�
|
one purpose of an anatomical gift set forth in the document of gift |
�
|
but the purposes are not set forth in any priority, the gift must be |
�
|
used for transplantation or therapy, if suitable. If the gift |
�
|
cannot be used for transplantation or therapy, the gift may be used |
�
|
for research or education. |
�
|
�������(g)��If an anatomical gift of one or more specific parts is |
�
|
made in a document of gift that does not name a person described in |
�
|
Subsection (a) and does not identify the purpose of the gift, the |
�
|
gift may be used only for transplantation or therapy, and the gift |
�
|
passes in accordance with Subsection (i). |
�
|
�������(h)��If a document of gift specifies only a general intent to |
�
|
make an anatomical gift by words such as "donor," "organ donor," or |
�
|
"body donor," or by a symbol or statement of similar import, the |
�
|
gift may be used only for transplantation or therapy, and the gift |
�
|
passes in accordance with Subsection (i). |
�
|
�������(i)��For purposes of Subsections (d), (g), and (h), the |
�
|
following rules apply: |
�
|
�������������(1)��if the part is an eye, the gift passes to the |
�
|
appropriate eye bank; |
�
|
�������������(2)��if the part is tissue, the gift passes to the |
�
|
appropriate tissue bank; and |
�
|
�������������(3)��if the part is an organ, the gift passes to the |
�
|
appropriate organ procurement organization as custodian of the |
�
|
organ. |
�
|
�������(j)��An anatomical gift of an organ for transplantation or |
�
|
therapy, other than an anatomical gift under Subsection (a)(3), |
�
|
passes to the organ procurement organization as custodian of the |
�
|
organ. |
�
|
�������(k)��If an anatomical gift does not pass pursuant to |
�
|
Subsections (a) through (j) or the decedent's body or part is not |
�
|
used for transplantation, therapy, research, or education, custody |
�
|
of the body or part passes to the person under obligation to dispose |
�
|
of the body or part. |
�
|
�������(l)��A person may not accept an anatomical gift if the person |
�
|
knows that the gift was not effectively made under Section 692A.005 |
�
|
or Section 692A.010 or if the person knows that the decedent made a |
�
|
refusal under Section 692A.007 that was not revoked. �For purposes |
�
|
of this subsection, if a person knows that an anatomical gift was |
�
|
made on a document of gift, the person is deemed to know of any |
�
|
amendment or revocation of the gift or any refusal to make an |
�
|
anatomical gift on the same document of gift. |
�
|
�������(m)��Except as otherwise provided in Subsection (a)(3), |
�
|
nothing in this chapter affects the allocation of organs for |
�
|
transplantation or therapy. |
�
|
�������(n)��A donee may accept or reject a gift. |
�
|
�������Sec.�692A.012.��SEARCH AND NOTIFICATION. The donor card of a |
�
|
person who is involved in an accident or other trauma shall |
�
|
accompany the person to the hospital or other health care facility. |
�
|
The driver's license or personal identification certificate |
�
|
indicating an affirmative statement of gift of a person who is |
�
|
involved in an accident or other trauma shall accompany the person |
�
|
to the hospital or health care facility if the person does not have |
�
|
a donor card. |
�
|
�������Sec.�692A.013.��DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED; |
�
|
RIGHT TO EXAMINE. (a) �A document of gift need not be delivered |
�
|
during the donor's lifetime to be effective. |
�
|
�������(b)��On or after an individual's death, a person in |
�
|
possession of a document of gift or a refusal to make an anatomical |
�
|
gift with respect to the individual shall allow examination and |
�
|
copying of the document of gift or refusal by a person authorized to |
�
|
make or object to the making of an anatomical gift with respect to |
�
|
the individual or by a person to which the gift could pass under |
�
|
Section 692A.011. |
�
|
�������Sec.�692A.014.��RIGHTS AND DUTIES OF PROCUREMENT |
�
|
ORGANIZATION AND OTHERS. (a) �When a hospital refers an individual |
�
|
at or near death to a procurement organization, the organization |
�
|
shall make a reasonable search of the records of the Department of |
�
|
Public Safety and any donor registry that it knows exists for the |
�
|
geographical area in which the individual resides to ascertain |
�
|
whether the individual has made an anatomical gift. |
�
|
�������(b)��A procurement organization must be allowed reasonable |
�
|
access to information in the records of the Department of Public |
�
|
Safety to ascertain whether an individual at or near death is a |
�
|
donor. |
�
|
�������(c)��When a hospital refers an individual at or near death to |
�
|
a procurement organization, the organization may conduct any |
�
|
reasonable examination necessary to ensure the medical suitability |
�
|
of a part that is or could be the subject of an anatomical gift for |
�
|
transplantation, therapy, research, or education from a donor or a |
�
|
prospective donor. During the examination period, measures |
�
|
necessary to ensure the medical suitability of the part may not be |
�
|
withdrawn unless the hospital or procurement organization knows |
�
|
that the individual expressed a contrary intent. |
�
|
�������(d)��Unless prohibited by law other than this chapter, at any |
�
|
time after a donor's death, the person to which a part passes under |
�
|
Section 692A.011 may conduct any reasonable examination necessary |
�
|
to ensure the medical suitability of the body or part for its |
�
|
intended purpose. |
�
|
�������(e)��Unless prohibited by law other than this chapter, an |
�
|
examination under Subsection (c) or (d) may include an examination |
�
|
of all medical and dental records of the donor or prospective donor. |
�
|
�������(f)��On the death of a minor who was a donor or had signed a |
�
|
refusal, unless a procurement organization knows the minor is |
�
|
emancipated, the procurement organization shall conduct a |
�
|
reasonable search for the parents of the minor and provide the |
�
|
parents with an opportunity to revoke or amend the anatomical gift |
�
|
or revoke the refusal. |
�
|
�������(g)��On referral by a hospital under Subsection (a), a |
�
|
procurement organization shall make a reasonable search for any |
�
|
person listed in Section 692A.009 having priority to make an |
�
|
anatomical gift on behalf of a prospective donor. If a procurement |
�
|
organization receives information that an anatomical gift to any |
�
|
other person was made, amended, or revoked, it shall promptly |
�
|
advise the other person of all relevant information. |
�
|
�������(h)��Subject to Sections 692A.011(k) and 693.002, the rights |
�
|
of the person to which a part passes under Section 692A.011 are |
�
|
superior to the rights of all others with respect to the part. �The |
�
|
person may accept or reject an anatomical gift wholly or partly. � |
�
|
Subject to the terms of the document of gift and this chapter, a |
�
|
person that accepts an anatomical gift of an entire body may allow |
�
|
embalming, burial, or cremation, and use of remains in a funeral |
�
|
service. �If the gift is of a part, the person to which the part |
�
|
passes under Section 692A.011, on the death of the donor and before |
�
|
embalming, burial, or cremation, shall cause the part to be removed |
�
|
without unnecessary mutilation. |
�
|
�������(i)��The physician who attends the decedent at death or the |
�
|
physician who determines the time of the decedent's death may not |
�
|
participate in the procedures for removing or transplanting a part |
�
|
from the decedent. |
�
|
�������(j)��A physician or technician may remove a donated part from |
�
|
the body of a donor that the physician or technician is qualified to |
�
|
remove. |
�
|
�������Sec.�692A.015.��COORDINATION OF PROCUREMENT AND USE; |
�
|
HOSPITAL PROCEDURES. �Each hospital in this state shall enter into |
�
|
agreements or affiliations with procurement organizations for |
�
|
coordination of procurement and use of anatomical gifts. Each |
�
|
hospital must have a protocol that ensures its maintenance of an |
�
|
effective donation system in order to maximize organ, tissue, and |
�
|
eye donation. The protocol must: |
�
|
�������������(1)��be available to the public during the hospital's |
�
|
normal business hours; |
�
|
�������������(2)��establish a procedure for the timely notification |
�
|
to an organ procurement organization of individuals whose death is |
�
|
imminent or who have died in the hospital; |
�
|
�������������(3)��establish procedures to ensure potential donors |
�
|
are declared dead by an appropriate practitioner in an acceptable |
�
|
time frame; |
�
|
�������������(4)��establish procedures to ensure that hospital staff |
�
|
and organ procurement organization staff maintain appropriate |
�
|
medical treatment of potential donors while necessary testing and |
�
|
placement of potential donated organs, tissues, and eyes take |
�
|
place; |
�
|
�������������(5)��ensure that all families are provided the |
�
|
opportunity to donate organs, tissues, and eyes, including vascular |
�
|
organs procured from asystolic donors; |
�
|
�������������(6)��provide that the hospital use appropriately |
�
|
trained persons from an organ procurement organization, tissue |
�
|
bank, or eye bank to make inquiries relating to donations; |
�
|
�������������(7)��provide for documentation of the inquiry and of |
�
|
its disposition in the decedent's medical records; |
�
|
�������������(8)��require an organ procurement organization, tissue |
�
|
bank, or eye bank that makes inquiries relating to donations to |
�
|
develop a protocol for making those inquiries; |
�
|
�������������(9)��encourage sensitivity to families' beliefs and |
�
|
circumstances in all discussions relating to the donations; |
�
|
�������������(10)��provide that the organ procurement organization |
�
|
determines medical suitability for organ donation and, in the |
�
|
absence of alternative arrangements by the hospital, the organ |
�
|
procurement organization determines medical suitability for tissue |
�
|
and eye donation, using the definition of potential tissue and eye |
�
|
donor and the notification protocol developed in consultation with |
�
|
the tissue and eye banks identified by the hospital for this |
�
|
purpose; |
�
|
�������������(11)��ensure that the hospital works cooperatively with |
�
|
the designated organ procurement organization, tissue bank, and eye |
�
|
bank in educating staff on donation issues; |
�
|
�������������(12)��ensure that the hospital works with the |
�
|
designated organ procurement organization, tissue bank, and eye |
�
|
bank in reviewing death records; and |
�
|
�������������(13)��provide for monitoring of donation system |
�
|
effectiveness, including rates of donation, protocols, and |
�
|
policies, as part of the hospital's quality improvement program. |
�
|
�������Sec.�692A.016.��SALE OR PURCHASE OF PARTS PROHIBITED. (a) � |
�
|
Except as otherwise provided in Subsection (b), a person commits an |
�
|
offense if the person for valuable consideration knowingly |
�
|
purchases or sells a part for transplantation or therapy if removal |
�
|
of a part from an individual is intended to occur after the |
�
|
individual's death. An offense under this subsection is a Class A |
�
|
misdemeanor. |
�
|
�������(b)��A person may charge a reasonable amount for the removal, |
�
|
processing, preservation, quality control, storage, |
�
|
transportation, implantation, or disposal of a part. |
�
|
�������(c)��If conduct that constitutes an offense under this |
�
|
section also constitutes an offense under other law, the actor may |
�
|
be prosecuted under this section, the other law, or both this |
�
|
section and the other law. |
�
|
�������Sec.�692A.017.��OTHER PROHIBITED ACTS. �(a) �A person |
�
|
commits an offense if the person, in order to obtain a financial |
�
|
gain, intentionally falsifies, forges, conceals, defaces, or |
�
|
obliterates a document of gift, an amendment or revocation of a |
�
|
document of gift, or a refusal. An offense under this section is a |
�
|
Class A misdemeanor. |
�
|
�������(b)��If conduct that constitutes an offense under this |
�
|
section also constitutes an offense under other law, the actor may |
�
|
be prosecuted under this section, the other law, or both this |
�
|
section and the other law. |
�
|
�������Sec.�692A.018.��IMMUNITY. (a) �A person who acts in good |
�
|
faith in accordance with this chapter is not liable for civil |
�
|
damages or subject to criminal prosecution for the person's action |
�
|
if the prerequisites for an anatomical gift are met under the laws |
�
|
applicable at the time and place the gift is made. |
�
|
�������(b)��A person that acts in accordance with this chapter or |
�
|
with the applicable anatomical gift law of another state, or |
�
|
attempts in good faith to do so, is not liable for the act in a civil |
�
|
action, criminal prosecution, or administrative proceeding. |
�
|
�������(c)��A person who acts in good faith in accordance with this |
�
|
chapter is not liable as a result of the action except in the case of |
�
|
an act or omission of the person that is intentional, wilfully or |
�
|
wantonly negligent, or done with conscious indifference or reckless |
�
|
disregard. For purposes of this subsection, "good faith" in |
�
|
determining the appropriate person authorized to make a donation |
�
|
under Section 692A.009 means making a reasonable effort to locate |
�
|
and contact the member or members of the highest priority class who |
�
|
are reasonably available at or near the time of death. |
�
|
�������(d)��Neither a person making an anatomical gift nor the |
�
|
donor's estate is liable for any injury or damage that results from |
�
|
the making or use of the gift. |
�
|
�������(e)��In determining whether an anatomical gift has been made, |
�
|
amended, or revoked under this chapter, a person may rely on |
�
|
representations of an individual listed in Section 692A.009(a)(2), |
�
|
(3), (4), (5), (6), (7), or (8) relating to the individual's |
�
|
relationship to the donor or prospective donor unless the person |
�
|
knows that the representation is untrue. |
�
|
�������Sec.�692A.019.��LAW GOVERNING VALIDITY; CHOICE OF LAW AS TO |
�
|
EXECUTION OF DOCUMENT OF GIFT; PRESUMPTION OF VALIDITY. (a) �A |
�
|
document of gift is valid if executed in accordance with: |
�
|
�������������(1)��this chapter; |
�
|
�������������(2)��the laws of the state or country where it was |
�
|
executed; or |
�
|
�������������(3)��the laws of the state or country where the person |
�
|
making the anatomical gift was domiciled, had a place of residence, |
�
|
or was a national at the time the document of gift was executed. |
�
|
�������(b)��If a document of gift is valid under this section, the |
�
|
law of this state governs the interpretation of the document of |
�
|
gift. |
�
|
�������(c)��A person may presume that a document of gift or |
�
|
amendment of an anatomical gift is valid unless that person knows |
�
|
that it was not validly executed or was revoked. |
�
|
�������Sec.�692A.020.��GLENDA DAWSON DONATE LIFE-TEXAS REGISTRY; |
�
|
EDUCATION PROGRAM. (a)��In this section, "registry program" means |
�
|
the donor education, awareness, and registry program established |
�
|
under this section and known as the Glenda Dawson Donate Life-Texas |
�
|
Registry. |
�
|
�������(b)��Any program or component of a program that the |
�
|
department develops under this chapter shall be known as the Glenda |
�
|
Dawson Donate Life-Texas Registry. |
�
|
�������(c)��The department shall affiliate with an entity, such as a |
�
|
national or state association concerned with organ donation, to |
�
|
promote the registry program in accordance with this section. |
�
|
�������(d)��In consultation with the Department of Public Safety and |
�
|
organ procurement organizations, the department shall establish |
�
|
the Glenda Dawson Donate Life-Texas Registry. |
�
|
�������(e)��The department shall enter into an agreement with an |
�
|
organization selected by the commissioner under a competitive |
�
|
proposal process for the establishment and maintenance of a |
�
|
statewide Internet-based registry of organ, tissue, and eye donors. |
�
|
Contingent on the continued availability of appropriations under |
�
|
Subsection (k), the term of the initial agreement is two years and |
�
|
may be renewed for two-year terms thereafter unless terminated in a |
�
|
written notice to the other party by the department or organization |
�
|
not later than the 180th day before the last day of a term. |
�
|
�������(f)��The Department of Public Safety at least monthly shall |
�
|
electronically transfer to the organization selected by the |
�
|
commissioner as provided by Subsection (e) the name, date of birth, |
�
|
driver's license number, most recent address, and any other |
�
|
relevant information in the possession of the Department of Public |
�
|
Safety for any person who indicates on the person's driver's license |
�
|
application under Section 521.401, Transportation Code, that the |
�
|
person would like to make an anatomical gift and consents in writing |
�
|
to the release of the information by the Department of Public Safety |
�
|
to the organization for inclusion in the Internet-based registry. |
�
|
�������(g)��The contract between the department and the |
�
|
organization selected by the commissioner as provided by Subsection |
�
|
(e) must require the organization to: |
�
|
�������������(1)��make information obtained from the Department of |
�
|
Public Safety under Subsection (f) available to procurement |
�
|
organizations; |
�
|
�������������(2)��allow potential donors to submit information in |
�
|
writing directly to the organization for inclusion in the |
�
|
Internet-based registry; |
�
|
�������������(3)��maintain the Internet-based registry in a manner |
�
|
that allows procurement organizations to immediately access organ, |
�
|
tissue, and eye donation information 24 hours a day, seven days a |
�
|
week through electronic and telephonic methods; and |
�
|
�������������(4)��protect the confidentiality and privacy of the |
�
|
individuals providing information to the Internet-based registry, |
�
|
regardless of the manner in which the information is provided. |
�
|
�������(h)��Except as otherwise provided by Subsection (g)(3) or |
�
|
this subsection, the Department of Public Safety, the organization |
�
|
selected by the commissioner under Subsection (e), or a procurement |
�
|
organization may not sell, rent, or otherwise share any information |
�
|
provided to the Internet-based registry. A procurement |
�
|
organization may share any information provided to the registry |
�
|
with an organ procurement organization or a health care provider or |
�
|
facility providing medical care to a potential donor as necessary |
�
|
to properly identify an individual at the time of donation. |
�
|
�������(i)��The Department of Public Safety, the organization |
�
|
selected by the commissioner under Subsection (e), or the |
�
|
procurement organizations may not use any demographic or specific |
�
|
data provided to the Internet-based registry for any fund-raising |
�
|
activities. Data may only be transmitted from the selected |
�
|
organization to procurement organizations through electronic and |
�
|
telephonic methods using secure, encrypted technology to preserve |
�
|
the integrity of the data and the privacy of the individuals |
�
|
providing information. |
�
|
�������(j)��In each office authorized to issue driver's licenses or |
�
|
personal identification certificates, the Department of Public |
�
|
Safety shall make available educational materials developed by the |
�
|
Texas Organ, Tissue, and Eye Donor Council established under |
�
|
Chapter 113, as added by Chapter 1186, Acts of the 79th Legislature, |
�
|
Regular Session, 2005. |
�
|
�������(k)��The Department of Public Safety shall remit to the |
�
|
comptroller the money collected under Sections 521.421(g) and |
�
|
521.422(c), Transportation Code, as provided by those subsections. |
�
|
A county assessor-collector shall remit to the comptroller any |
�
|
money collected under Section 502.1745, Transportation Code, as |
�
|
provided by that section. Money remitted to the comptroller in |
�
|
accordance with those sections that is appropriated to the |
�
|
department must be spent in accordance with the priorities |
�
|
established by the department in consultation with the Texas Organ, |
�
|
Tissue, and Eye Donor Council to pay the costs of: |
�
|
�������������(1)��maintaining, operating, and updating the |
�
|
Internet-based registry and establishing procedures for an |
�
|
individual to be added to the registry; and |
�
|
�������������(2)��designing and distributing educational materials |
�
|
for prospective donors as required under this section. |
�
|
�������(l)��Any additional money over the amount necessary to |
�
|
accomplish the purposes of Subsections (k)(1) and (2) may be used by |
�
|
the department to provide education under this chapter or may be |
�
|
awarded using a competitive grant process to organizations to |
�
|
conduct organ, eye, and tissue donation education activities in |
�
|
this state. A member of the Texas Organ, Tissue, and Eye Donor |
�
|
Council may not receive a grant under this subsection. |
�
|
�������(m)��The department shall require the organization selected |
�
|
under Subsection (e) to submit an annual written report to the |
�
|
department that includes: |
�
|
�������������(1)��the number of donors listed on the Internet-based |
�
|
registry; |
�
|
�������������(2)��changes in the number of donors listed on the |
�
|
registry; and |
�
|
�������������(3)��the demographic characteristics of listed donors, |
�
|
to the extent the characteristics may be determined from |
�
|
information provided on donor registry forms submitted by donors to |
�
|
the organization. |
�
|
�������(n)��To the extent funds are available and as part of the |
�
|
donor registry program, the department shall educate residents |
�
|
about anatomical gifts. The program shall include information |
�
|
about: |
�
|
�������������(1)��the laws governing anatomical gifts, including |
�
|
Subchapter Q, Chapter 521, Transportation Code, Chapter 693, and |
�
|
this chapter; |
�
|
�������������(2)��the procedures for becoming an organ, eye, or |
�
|
tissue donor or donee; and |
�
|
�������������(3)��the benefits of organ, eye, or tissue donation. |
�
|
�������(o)��In developing the registry program, the department in |
�
|
consultation with the Texas Organ, Tissue, and Eye Donor Council |
�
|
shall solicit broad-based input reflecting recommendations of all |
�
|
interested groups, including representatives of patients, |
�
|
providers, ethnic groups, and geographic regions. |
�
|
�������(p)��In consultation with the Texas Organ, Tissue, and Eye |
�
|
Donor Council, the department may implement a training program for |
�
|
all appropriate Department of Public Safety and Texas Department of |
�
|
Transportation employees on the benefits of organ, tissue, and eye |
�
|
donation and the procedures for individuals to be added to the |
�
|
Internet-based registry. The department shall implement the |
�
|
training program before the date that the registry is operational |
�
|
and shall conduct the training on an ongoing basis for new |
�
|
employees. |
�
|
�������(q)��The department shall develop a program to educate health |
�
|
care providers and attorneys in this state about anatomical gifts. |
�
|
�������(r)��The department through the program shall encourage |
�
|
attorneys to provide organ donation information to clients seeking |
�
|
advice for end-of-life decisions. |
�
|
�������(s)��The department shall encourage medical and nursing |
�
|
schools in this state to include mandatory organ donation education |
�
|
in the schools' curricula. |
�
|
�������(t)��The department shall encourage medical schools in this |
�
|
state to require a physician in a neurology or neurosurgery |
�
|
residency program to complete an advanced course in organ donation |
�
|
education. |
�
|
�������Sec.�692A.021.��EFFECT OF ANATOMICAL GIFT ON ADVANCE |
�
|
DIRECTIVE. (a) �In this section: |
�
|
�������������(1)��"Advance directive" means a medical power of |
�
|
attorney or a record signed or authorized by a prospective donor |
�
|
containing the prospective donor's direction concerning a |
�
|
health-care decision for the prospective donor. |
�
|
�������������(2)��"Declaration" means a record signed by a |
�
|
prospective donor specifying the circumstances under which a life |
�
|
support system may be withheld or withdrawn from the prospective |
�
|
donor. |
�
|
�������������(3)��"Health-care decision" means any decision made |
�
|
regarding the health care of the prospective donor. |
�
|
�������(b)��If a prospective donor has a declaration or advance |
�
|
directive and the terms of the declaration or directive and the |
�
|
express or implied terms of a potential anatomical gift are in |
�
|
conflict with regard to the administration of measures necessary to |
�
|
ensure the medical suitability of a part for transplantation or |
�
|
therapy, the prospective donor's attending physician and |
�
|
prospective donor shall confer to resolve the conflict. If the |
�
|
prospective donor is incapable of resolving the conflict, an agent |
�
|
acting under the prospective donor's declaration or directive, or, |
�
|
if the agent is not reasonably available, another person authorized |
�
|
by law other than this chapter to make health-care decisions on |
�
|
behalf of the prospective donor, shall act on the prospective |
�
|
donor's behalf to resolve the conflict. The conflict must be |
�
|
resolved as expeditiously as possible. Information relevant to the |
�
|
resolution of the conflict may be obtained from the appropriate |
�
|
procurement organization and any other person authorized to make an |
�
|
anatomical gift for the prospective donor under Section 692A.009. |
�
|
Before resolution of the conflict, measures necessary to ensure the |
�
|
medical suitability of the part may not be withheld or withdrawn |
�
|
from the prospective donor. |
�
|
�������(c)��If the conflict cannot be resolved, an expedited review |
�
|
of the matter must be initiated by an ethics or medical committee of |
�
|
the appropriate health care facility. |
�
|
�������Sec.�692A.022.��UNIFORMITY OF APPLICATION AND CONSTRUCTION. � |
�
|
In applying and construing this chapter, consideration must be |
�
|
given to the need to promote uniformity of the law with respect to |
�
|
the subject matter of this chapter among states that enact a law |
�
|
substantially similar to this chapter. |
�
|
�������Sec.�692A.023.��RELATION TO ELECTRONIC SIGNATURES IN GLOBAL |
�
|
AND NATIONAL COMMERCE ACT. �This chapter modifies, limits, and |
�
|
supersedes the provisions of the Electronic Signatures in Global |
�
|
and National Commerce Act (15 U.S.C. Section 7001 et seq.), but does |
�
|
not modify, limit, or supersede Section 101(a) of that Act (15 |
�
|
U.S.C. Section 7001(a)), or authorize electronic delivery of any of |
�
|
the notices described in Section 103 of that Act (15 U.S.C. Section |
�
|
7003(b)). |
�
|
�������SECTION�2.��Section 241.153, Health and Safety Code, is |
�
|
amended to read as follows: |
�
|
�������Sec.�241.153.��DISCLOSURE WITHOUT WRITTEN AUTHORIZATION.��A |
�
|
patient's health care information may be disclosed without the |
�
|
patient's authorization if the disclosure is: |
�
|
�������������(1)��directory information, unless the patient has |
�
|
instructed the hospital not to make the disclosure or the directory |
�
|
information is otherwise protected by state or federal law; |
�
|
�������������(2)��to a health care provider who is rendering health |
�
|
care to the patient when the request for the disclosure is made; |
�
|
�������������(3)��to a transporting emergency medical services |
�
|
provider for the purpose of: |
�
|
�������������������(A)��treatment or payment, as those terms are |
�
|
defined by the regulations adopted under the Health Insurance |
�
|
Portability and Accountability Act of 1996 (Pub. L. No. 104-191); |
�
|
or |
�
|
�������������������(B)��the following health care operations |
�
|
described by the regulations adopted under the Health Insurance |
�
|
Portability and Accountability Act of 1996 (Pub. L. No. 104-191): |
�
|
�������������������������(i)��quality assessment and improvement |
�
|
activities; |
�
|
�������������������������(ii)��specified insurance functions; |
�
|
�������������������������(iii)��conducting or arranging for medical |
�
|
reviews; or |
�
|
�������������������������(iv)��competency assurance activities; |
�
|
�������������(4)��to a member of the clergy specifically designated |
�
|
by the patient; |
�
|
�������������(5)��to a [qualified organ or tissue] procurement |
�
|
organization as defined in Section 692A.002�[692.002] for the |
�
|
purpose of making inquiries relating to donations according to the |
�
|
protocol referred to in Section 692A.015 [692.013(d)]; |
�
|
�������������(6)��to a prospective health care provider for the |
�
|
purpose of securing the services of that health care provider as |
�
|
part of the patient's continuum of care, as determined by the |
�
|
patient's attending physician; |
�
|
�������������(7)��to a person authorized to consent to medical |
�
|
treatment under Chapter 313 or to a person in a circumstance |
�
|
exempted from Chapter 313 to facilitate the adequate provision of |
�
|
treatment; |
�
|
�������������(8)��to an employee or agent of the hospital who |
�
|
requires health care information for health care education, quality |
�
|
assurance, or peer review or for assisting the hospital in the |
�
|
delivery of health care or in complying with statutory, licensing, |
�
|
accreditation, or certification requirements and if the hospital |
�
|
takes appropriate action to ensure that the employee or agent: |
�
|
�������������������(A)��will not use or disclose the health care |
�
|
information for any other purpose; and |
�
|
�������������������(B)��will take appropriate steps to protect the |
�
|
health care information; |
�
|
�������������(9)��to a federal, state, or local government agency or |
�
|
authority to the extent authorized or required by law; |
�
|
�������������(10)��to a hospital that is the successor in interest to |
�
|
the hospital maintaining the health care information; |
�
|
�������������(11)��to the American Red Cross for the specific |
�
|
purpose of fulfilling the duties specified under its charter |
�
|
granted as an instrumentality of the United States government; |
�
|
�������������(12)��to a regional poison control center, as the term |
�
|
is used in Chapter 777, to the extent necessary to enable the center |
�
|
to provide information and education to health professionals |
�
|
involved in the management of poison and overdose victims, |
�
|
including information regarding appropriate therapeutic use of |
�
|
medications, their compatibility and stability, and adverse drug |
�
|
reactions and interactions; |
�
|
�������������(13)��to a health care utilization review agent who |
�
|
requires the health care information for utilization review of |
�
|
health care under Chapter 4201�[Article 21.58A], Insurance Code; |
�
|
�������������(14)��for use in a research project authorized by an |
�
|
institutional review board under federal law; |
�
|
�������������(15)��to health care personnel of a penal or other |
�
|
custodial institution in which the patient is detained if the |
�
|
disclosure is for the sole purpose of providing health care to the |
�
|
patient; |
�
|
�������������(16)��to facilitate reimbursement to a hospital, other |
�
|
health care provider, or the patient for medical services or |
�
|
supplies; |
�
|
�������������(17)��to a health maintenance organization for purposes |
�
|
of maintaining a statistical reporting system as required by a rule |
�
|
adopted by a state agency or regulations adopted under the federal |
�
|
Health Maintenance Organization Act of 1973, as amended (42 U.S.C. |
�
|
Section 300e et seq.); |
�
|
�������������(18)��to satisfy a request for medical records of a |
�
|
deceased or incompetent person pursuant to Section 74.051(e), Civil |
�
|
Practice and Remedies Code; |
�
|
�������������(19)��to comply with a court order except as provided by |
�
|
Subdivision (20); or |
�
|
�������������(20)��related to a judicial proceeding in which the |
�
|
patient is a party and the disclosure is requested under a subpoena |
�
|
issued under: |
�
|
�������������������(A)��the Texas Rules of Civil Procedure or Code of |
�
|
Criminal Procedure; or |
�
|
�������������������(B)��Chapter 121, Civil Practice and Remedies |
�
|
Code. |
�
|
�������SECTION�3.��Section 691.030(d), Health and Safety Code, is |
�
|
amended to read as follows: |
�
|
�������(d)��The board may transport a body or anatomical specimen to |
�
|
an authorized recipient in another state if the board determines |
�
|
that the supply of bodies or anatomical specimens in this state |
�
|
exceeds the need for bodies or anatomical specimens in this state |
�
|
and if: |
�
|
�������������(1)��the deceased donated his body in compliance with |
�
|
Section 691.028 and at the time of the donation authorized the board |
�
|
to transport the body outside this state; or |
�
|
�������������(2)��the body was donated in compliance with Chapter |
�
|
692A [692 (Texas Anatomical Gift Act)] and the person authorized to |
�
|
make the donation under Section 692A.009 [692.004] authorized the |
�
|
board to transport the body outside this state. |
�
|
�������SECTION�4.��Sections 693.002(a)(1), (2), and (4), Health and |
�
|
Safety Code, are amended to read as follows: |
�
|
�������������(1)��On a request from an [a qualified] organ |
�
|
procurement organization, as defined by [in] Section 692A.002 |
�
|
[692.002], the medical examiner, justice of the peace, county |
�
|
judge, or physician designated by the justice of the peace or county |
�
|
judge may permit the removal of organs from a decedent who died |
�
|
under circumstances requiring an inquest by the medical examiner, |
�
|
justice of the peace, or county judge if consent is obtained |
�
|
pursuant to Sections 692A.005 through 692A.010 or�Section 693.003. |
�
|
�������������(2)��If no autopsy is required, the organs to be |
�
|
transplanted shall be released in a timely manner to the |
�
|
[qualified] organ procurement organization, as defined by�[in] |
�
|
Section 692A.002�[692.002], for removal and transplantation. |
�
|
�������������(4)��If the medical examiner is considering withholding |
�
|
one or more organs of a potential donor for any reason, the medical |
�
|
examiner shall be present during the removal of the organs. In such |
�
|
case, the medical examiner may request a biopsy of those organs or |
�
|
deny removal of the anatomical gift. If the medical examiner denies |
�
|
removal of the anatomical gift, the medical examiner shall explain |
�
|
in writing the reasons for the denial. The medical examiner shall |
�
|
provide the explanation to: |
�
|
�������������������(A)��the [qualified] organ procurement |
�
|
organization; and |
�
|
�������������������(B)��any person listed in Section 692A.009 |
�
|
[693.004] who consented to the removal. |
�
|
�������SECTION�5.��Section 693.002(b), Health and Safety Code, is |
�
|
amended to read as follows: |
�
|
�������(b)��On a request from a [qualified] tissue bank [procurement
|
�
|
organization], as defined by�[in] Section 692A.002�[692.002], the |
�
|
medical examiner may permit the removal of tissue believed to be |
�
|
clinically usable for transplants or other therapy or treatment |
�
|
from a decedent who died under circumstances requiring an inquest |
�
|
if consent is obtained pursuant to Sections 692A.005 through |
�
|
692A.010 or Section 693.003 or, if consent is not required by those |
�
|
sections [that section], no objection by a person listed in Section |
�
|
692A.009 [693.004] is known by the medical examiner. If the medical |
�
|
examiner denies removal of the tissue, the medical examiner shall |
�
|
explain in writing the reasons for the denial. The medical examiner |
�
|
shall provide the explanation to: |
�
|
�������������(1)��the [qualified] tissue bank�[procurement
|
�
|
organization]; and |
�
|
�������������(2)��the person listed in Section 692A.009 [693.004] |
�
|
who consented to the removal. |
�
|
�������SECTION�6.��Section 693.003, Health and Safety Code, is |
�
|
amended to read as follows: |
�
|
�������Sec.�693.003.��CONSENT NOT REQUIRED IN CERTAIN |
�
|
CIRCUMSTANCES.��[(a)
�
A medical examiner or a person acting on the
|
�
|
authority of a medical examiner may not remove a visceral organ
|
�
|
unless the medical examiner or person obtains the consent of a
|
�
|
person listed in Section 693.004.
|
�
|
�������[(b)
�
�
If a person listed in Section 693.004 is known and
|
�
|
available within four hours after death is pronounced, a medical
|
�
|
examiner or a person acting on the authority of a medical examiner
|
�
|
may not remove a nonvisceral organ or tissue unless the medical
|
�
|
examiner or person obtains that person's consent.
|
�
|
�������[(c)]��If a person listed in Section 692A.009 [693.004] |
�
|
cannot be identified and contacted within four hours after death is |
�
|
pronounced and the county court [medical examiner] determines that |
�
|
no reasonable likelihood exists that a person can be identified and |
�
|
contacted during the four-hour period, the county court [medical
|
�
|
examiner] may permit the removal of a nonvisceral organ or tissue. |
�
|
�������SECTION�7.��Section 693.005, Health and Safety Code, is |
�
|
amended to read as follows: |
�
|
�������Sec.�693.005.��IMMUNITY FROM DAMAGES IN CIVIL ACTION. In a |
�
|
civil action brought by a person listed in Section 692A.009 |
�
|
[693.004] who did not object before the removal of tissue or a body |
�
|
part specified by Section 693.002, a medical examiner, justice of |
�
|
the peace, county judge, medical facility, physician acting on |
�
|
permission of a medical examiner, justice of the peace, or county |
�
|
judge, or person assisting a physician is not liable for damages on |
�
|
a theory of civil recovery based on a contention that the |
�
|
plaintiff's consent was required before the body part or tissue |
�
|
could be removed. |
�
|
�������SECTION�8.��Section 693.006, Health and Safety Code, is |
�
|
amended to read as follows: |
�
|
�������Sec.�693.006.��REMOVAL OF CORNEAL TISSUE. �On a request from |
�
|
an eye bank, as defined in Section 692A.002 [692.002], the medical |
�
|
examiner, justice of the peace, county judge, or physician |
�
|
designated by the justice of the peace or county judge may permit |
�
|
the removal of corneal tissue subject to the same provisions that |
�
|
apply to removal of a visceral organ on the request of a�[an organ] |
�
|
procurement organization under this subchapter. The provisions of |
�
|
Chapter 692A [this subchapter] relating to immunity and consent |
�
|
apply to the removal of the corneal tissue. |
�
|
�������SECTION�9.��Sections 521.401(b) and (c), Transportation |
�
|
Code, are amended to read as follows: |
�
|
�������(b)��The statement of gift may be shown on a donor's driver's |
�
|
license or personal identification certificate or by a card |
�
|
designed to be carried by the donor to evidence the donor's |
�
|
intentions with respect to organ, tissue, and eye donation. A donor |
�
|
card signed by the donor shall be given effect as if executed |
�
|
pursuant to Section 692A.005 [692.003(d)], Health and Safety Code. |
�
|
�������(c)��Donor cards shall be provided to the department by |
�
|
[qualified] organ [or tissue] procurement organizations, tissue |
�
|
banks, or eye banks, as those terms are defined in Section 692A.002 |
�
|
[692.002], Health and Safety Code, or by the Glenda Dawson Donate |
�
|
Life-Texas�[Donor Education, Awareness, and] Registry [Program of
|
�
|
Texas] established under Chapter 692A�[49], Health and Safety Code. |
�
|
The department shall: |
�
|
�������������(1)��provide to each applicant for the issuance of an |
�
|
original, renewal, corrected, or duplicate driver's license or |
�
|
personal identification certificate who applies in person, by mail, |
�
|
over the Internet, or by other electronic means: |
�
|
�������������������(A)��the opportunity to indicate on the person's |
�
|
driver's license or personal identification certificate that the |
�
|
person is willing to make an anatomical gift, in the event of death, |
�
|
in accordance with Section 692A.005 [692.003], Health and Safety |
�
|
Code; and |
�
|
�������������������(B)��an opportunity for the person to consent in |
�
|
writing to the department's provision of the person's name, date of |
�
|
birth, driver's license number, most recent address, and other |
�
|
information needed for identification purposes at the time of |
�
|
donation to the organization selected by the commissioner of state |
�
|
health services under Section 692A.020�[Chapter 49], Health and |
�
|
Safety Code, for inclusion in the statewide Internet-based registry |
�
|
of organ, tissue, and eye donors and for release to procurement� |
�
|
[qualified organ, tissue, and eye bank] organizations; and |
�
|
�������������(2)��provide a means to distribute donor cards to |
�
|
interested individuals in each office authorized to issue driver's |
�
|
licenses or personal identification certificates. |
�
|
�������SECTION�10.��Section 651.407(f), Occupations Code, is |
�
|
amended to read as follows: |
�
|
�������(f)��This section does not apply to a dead human body |
�
|
obtained by a school or college of mortuary science under Chapter |
�
|
691 or 692A [692], Health and Safety Code. |
�
|
�������SECTION�11.��The following provisions are repealed: |
�
|
�������������(1)��Chapter 49, Health and Safety Code; |
�
|
�������������(2)��Chapter 692, Health and Safety Code; |
�
|
�������������(3)��Section 693.004, Health and Safety Code; |
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�������������(4)��Section 521.403, Transportation Code; and |
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�������������(5)��Section 521.404, Transportation Code. |
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�������SECTION�12.��Notwithstanding the repeal of Chapter 49, |
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Health and Safety Code, by this Act, the Glenda Dawson Donate |
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Life-Texas Registry described by that chapter is continued in |
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effect in accordance with Chapter 692A, Health and Safety Code, as |
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added by this Act. |
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�������SECTION�13.��This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 2027 was passed by the House on April |
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23, 2009, by the following vote:��Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2027 on May 18, 2009, by the following vote:��Yeas 142, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 2027 was passed by the Senate, with |
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amendments, on May 15, 2009, by the following vote:��Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate��� |
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APPROVED: __________________ |
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����������������Date������� |
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�������� __________________ |
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��������������Governor������� |