Bill Text: TX HB3980 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to a health facility's removal of medical equipment from a deceased individual's body before transfer to a funeral director; authorizing an administrative penalty.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2021-05-07 - Committee report sent to Calendars [HB3980 Detail]
Download: Texas-2021-HB3980-Comm_Sub.html
87R11453 EAS-D | ||
By: Goodwin, Oliverson, Howard | H.B. No. 3980 |
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relating to a health facility's removal of medical equipment from a | ||
deceased individual's body before transfer to a funeral director; | ||
authorizing an administrative penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 4, Health and Safety Code, is amended by | ||
adding Subtitle H to read as follows: | ||
SUBTITLE H. MISCELLANEOUS PROVISIONS RELATED TO | ||
HEALTH FACILITIES | ||
CHAPTER 331. GENERAL DUTIES OF HEALTH FACILITIES | ||
Sec. 331.001. REMOVAL OF MEDICAL EQUIPMENT FROM DECEASED | ||
INDIVIDUAL; ADMINISTRATIVE PENALTY. (a) In this section: | ||
(1) "Health facility" means a facility licensed under | ||
Subtitle B. | ||
(2) "Funeral director" has the meaning assigned by | ||
Section 651.001, Occupations Code. | ||
(3) "Medical equipment" means an instrument, | ||
apparatus, implement, machine, contrivance, or other article, | ||
other than an implant, that is used in the treatment, monitoring, or | ||
diagnosis of a patient, including: | ||
(A) bandages; | ||
(B) catheters; | ||
(C) cannulae; | ||
(D) defibrillator pads; | ||
(E) drains; | ||
(F) endotracheal tubes; | ||
(G) feeding tubes; and | ||
(H) intravascular lines. | ||
(b) If an individual dies in a health facility, the facility | ||
shall remove all medical equipment from the deceased individual's | ||
body before the body is transferred to a funeral director in | ||
accordance with Section 651.401, Occupations Code. | ||
(c) The commission shall impose an administrative penalty | ||
against a health facility that violates this section. The penalty | ||
may not exceed $500 for each violation. | ||
SECTION 2. Section 331.001, Health and Safety Code, as | ||
added by this Act, applies only to the body of an individual who | ||
dies on or after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2021. |