By: Parker	S.B. No. 2517

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation of human body acquisition services and
	authorized recipients.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle B, Title 8, Health and Safety Code, is
	amended by adding Chapter 692B to read as follows:
	CHAPTER 692B. HUMAN BODY ACQUISITION SERVICES AND AUTHORIZED
	RECIPIENTS
	Sec. 692B.001.  DEFINITIONS. In this chapter:
	(1)  "Authorized recipient" means a person or facility
	located in this state that in accordance with state law obtains a
	whole body, body segment, or nontransplant anatomical part from a
	human body acquisition service.
	(2)  "Commission" means the Funeral Service Commission
	of the State of Texas.
	(3)  "Body" means the intact corporeal remains of a
	human.
	(4)  "Body segment" means a portion of a whole body
	detached for purposes of study, evaluation, education, or research
	and composed of contiguous mixed tissues with relationships altered
	only at the segment boundaries.
	(5)  "Human body acquisition service" means a person or
	facility that solicits, retrieves, performs donor selection on,
	preserves, transports, allocates, distributes, acquires,
	processes, stores, or arranges storage for whole bodies, body
	segments, or nontransplant anatomical parts, solely for education
	or research purposes.
	(6)  "Nontransplant anatomical part" means a part
	donated for a purpose other than transplantation.
	(7)  "Part" has the meaning assigned by Section
	692A.002.
	Sec. 692B.002.  RULES. To protect the public health,
	safety, and welfare, the commission may adopt the rules necessary
	to implement and enforce this chapter.
	Sec. 692B.003.  INFORMED CONSENT REQUIRED. (a) A human body
	acquisition service may accept a donation of a whole body, body
	segment, or nontransplant anatomical part only if the service
	obtains documented informed consent to the donation from a person
	authorized to consent to the donation in accordance with Chapter
	692A.
	(b)  The informed consent document for a donation governed by
	this chapter must:
	(1)  identify the authorized recipient of the donation;
	(2)  indicate whether the gift is of the whole body or
	is limited to specified identifiable body segments or nontransplant
	anatomical parts; and
	(3)  clearly specify the authorized uses of the donated
	body, segments, or parts.
	(c)  The human body acquisition service shall electronically
	record or document in writing any consent obtained by telephone.
	The service shall transcribe an electronically recorded telephone
	consent into a written consent document before using a whole body,
	body segment, or nontransplant anatomical part for education or
	research.
	(d)  Except as provided by Section 692B.004, a human body
	acquisition service may only use or transfer a whole body, body
	segment, or nontransplant anatomical part for a purpose specified
	in the informed consent document.
	Sec. 692B.004.  PRESUMPTION FOR RECIPIENT OF UNSPECIFIED
	DONATION.  (a)  Unless specific direction is provided in an informed
	consent document for a donation of a whole body, body segment, or
	nontransplant anatomical part, the donated body, segment, or part
	is presumed to be donated to the commission or another person
	authorized to receive the body of a deceased person under Chapter
	691 or 692A.
	(b)  The commission or person may transfer or authorize the
	transfer of the whole body, body segment, or nontransplant
	anatomical part to another person authorized to receive an
	anatomical gift under Chapter 691 or 692A for purposes of:
	(1)  medical or dental education;
	(2)  medical or dental research; or
	(3)  the advancement of medical or dental science,
	therapy, or transplantation.
	Sec. 692B.005.  RETRIEVAL AND ACQUISITION OF NONTRANSPLANT
	ANATOMICAL PARTS.  (a) A nontransplant anatomical part may be
	retrieved only on the premises of:
	(1)  a hospital licensed under Chapter 241; or
	(2)  a human body acquisition service in accordance
	with this section.
	(b)  A whole body, body segment, or nontransplant anatomical
	part may be retrieved, acquired, distributed, transported, or used
	only for a purpose authorized by Chapter 691 or 692A. For the
	purposes of this section, the term "research" as used in Section
	692A.011 is limited to research conducted in accordance with
	accepted research protocols designed to improve the public health,
	safety, and welfare.
	Sec. 692B.006.  HUMAN BODY ACQUISITION SERVICE: PERSONNEL,
	SPACE, AND RECORD REQUIREMENTS.  (a)  A human body acquisition
	service shall employ:
	(1)  a director who holds a graduate degree in anatomy
	or the health sciences;
	(2)  a technician, morgue attendant, diener, or
	licensed funeral director who is responsible for the preparation,
	care, and maintenance of whole bodies, body segments, and
	nontransplant anatomical parts; and
	(3)  at least one support staff member other than the
	director, but who may be an individual described by Subdivision
	(2), who is responsible for recordkeeping.
	(b)  A human body acquisition service must have a dedicated,
	secure, and restricted space to prepare whole bodies and body
	segments for research or education purposes. The service shall
	limit access to the space to only individuals directly associated
	with receipt and preparation of whole bodies or body segments. The
	space must include:
	(1)  a working sink and adequate counter space for
	preparation of whole bodies or body segments;
	(2)  suitable space to store chemicals and materials
	used in preparation of whole bodies or body segments;
	(3)  counters, tables, and cabinetry built of material
	easily disinfected and cleaned;
	(4)  a refrigerated storage room, walk-in cooler, or
	cadaver drawer cooler, dedicated solely to storage of whole bodies
	or body segments and with lockable access doors and alarms to signal
	intrusion or unacceptable temperature deviation;
	(5)  a device approved by the Occupational Safety and
	Health Administration for handling, lifting, and internal
	transportation of whole bodies or body segments;
	(6)  eye wash stations approved by the Occupational
	Safety and Health Administration;
	(7)  if embalming is performed, a morgue compliant with
	federal and state standards; and
	(8)  if cremation is performed, a crematory compliant
	with federal and state standards.
	(c)  A human body acquisition service shall maintain
	complete and accurate records of each donation made to the service.
	The records must include:
	(1)  for:
	(A)  a whole body, identification of the deceased
	individual; or
	(B)  a body segment, a description and source of
	the body segment;
	(2)  documentation of unclaimed acquisitions, death
	certificates, and burial transit permits associated with receipt
	and use of a whole body or body segment;
	(3)  documentation of the facilities and institutions
	to which the whole bodies or body segments are transferred or of any
	other disposition;
	(4)  a copy of any contract or letter of agreement
	between the service and an authorized recipient; and
	(5)  documentation of the intended method of final
	disposition of the whole body or body segment.
	Sec. 692B.007.  TRANSFER OF WHOLE BODIES, BODY SEGMENTS, AND
	NONTRANSPLANT ANATOMICAL PARTS. (a) A transfer of a whole body,
	body segment, or nontransplant anatomical part shall be conducted
	in compliance with existing state laws and standards. The
	burial-transit permit issued under Section 193.008, or written
	documentation of the source and a description of the body segment
	or nontransplant anatomical part, shall accompany each whole body,
	body segment, or nontransplant anatomical part.
	(b)  A human body acquisition service shall maintain a copy
	of the properly executed burial transit permit for each whole body
	transferred to or by the service.
	Sec. 692B.008.  AUTHORIZED RECIPIENT:  PERSONNEL, SPACE, AND
	RECORD REQUIREMENTS. (a) An authorized recipient shall store and
	use whole bodies and body segments solely for education or research
	purposes. Unless another lawful donee is specified in the donor
	informed consent document, the authorized recipient of a whole
	body donated for education purposes shall be a person authorized to
	receive the bodies of deceased persons under Chapter 691.
	(b)  An authorized recipient may not transfer a whole body or
	body segment to any other entity, except as authorized in writing by
	the commission or the human body acquisition service from which the
	body or segment was obtained.
	(c)  An authorized recipient shall employ at least one staff
	member who holds a graduate degree in the health sciences and has
	successfully completed training specific to human dissection or the
	activity to be performed.
	(d)  The dissection or other authorized use of a whole body
	or body segment may occur only in dedicated rooms on the premises
	listed on the certificate of formation of the authorized recipient
	or at an off-site location approved by the commission or the
	director of the human body acquisition service from which a whole
	body or body segment was obtained. The rooms must:
	(1)  be equipped with lockable doors and acces
	restricted to only individuals directly associated with the
	dissection or other authorized use;
	(2)  be isolated from public view;
	(3)  be of sufficient size and construction with
	equipment suitable to ensure safe and respectful handling of whole
	bodies and body segments;
	(4)  be equipped with tables designed for
	dissection of whole bodies or other work spaces appropriate for the
	specific authorized activity to be performed;
	(5)  contain a working sink and adequate counter
	space to ensure the safety of individuals involved in using whole
	bodies and body segments in dissection or another authorized use;
	(6)  contain surfaces constructed of nonporous
	materials;
	(7)  include eye wash stations approved by the
	Occupational Safety and Health Administration; and
	(8)  include facilities to store any necessary
	chemicals in accordance with Occupational Safety and Health
	Administration guidelines.
	(e)  An authorized recipient shall maintain complete and
	accurate records of receipt, use, and disposition of whole bodies,
	body segments, and nontransplant anatomical parts. The records must
	include:
	(1)  for:
	(A)  a whole body, an identification of the
	deceased individual; or
	(B)  a body segment or nontransplant anatomical
	part, a description and source of the segment or part;
	(2)  a copy of any contract or letter of agreement
	between the human body acquisition service and authorized
	recipient;
	(3)  documentation of the final disposition method for
	a whole body or body segment; and
	(4)  for a whole body transfer, a copy of a properly
	executed burial-transit permit.
	Sec. 692B.009.  DISPOSITION OF WHOLE BODIES, BODY SEGMENTS,
	AND NONTRANSPLANT ANATOMICAL PARTS. (a) An authorized recipient
	shall dispose of whole body remains, body segments, and
	nontransplant anatomical parts in accordance with existing state
	laws and standards for disposition of regulated medical waste.
	(b)  An authorized recipient may return a whole body or
	body segment to the human body acquisition service from which the
	recipient originally obtained the body or segment.
	(c)  Disposition of a whole body or body segment shall
	be consistent with instructions provided in the informed consent
	document.
	Sec. 692B.010.  SAFETY AND INFECTION CONTROL POLICIES AND
	PROCEDURES. (a) A human body acquisition service or authorized
	recipient shall implement written safety and infection control
	policies and procedures to ensure protection from unnecessary
	physical, chemical, and biological hazards.
	(b)  A human body acquisition service or authorized
	recipient shall implement decontamination and disposal techniques
	for regulated medical waste and ensure hazardous and regulated
	waste materials are handled, stored, and discarded in accordance
	with Section 361.0905 and any other applicable state law.
	(c)  A human body acquisition service or authorized
	recipient shall record and maintain the pressure, temperature, and
	duration of each autoclave sterilization cycle until at least the
	first anniversary of the sterilization date. The service or
	recipient shall:
	(1)  ensure the pressure, temperature, and duration for
	each cycle is within the manufacturer's recommended operating
	procedures and if any parameter falls outside the manufacturer's
	standards, rerun the cycle for all material included in the cycle;
	and
	(2)  use chemical, biological, and physical detection
	systems in conjunction with the other autoclave performance
	measurements listed in Subdivision (1).
	(d)  A staff member may not eat, drink, smoke, apply
	cosmetics, or apply contact lenses in a work area subject to this
	section of a human body acquisition service or authorized
	recipient.
	(e)  A human body acquisition service or authorized
	recipient may not use for any other purpose a refrigerator or
	freezer used to store nontransplant anatomical parts or reagents.
	(f)  Each staff member who handles a nontransplant
	anatomical part:
	(1)  shall wear gloves and laboratory coats,
	gowns, or other protective clothing sufficient to protect against
	the transmission of disease and exposure to toxic substances;
	(2)  may not wear protective clothing outside the
	work area; and
	(3)  shall dispose of protective clothing in an
	appropriate receptacle.
	Sec. 692B.011.  REPORT TO COMMISSION. On request, a human
	body acquisition service or authorized recipient shall submit to
	the commission reports on the service's or user's activities as may
	be required by this chapter or commission rule.  The director of the
	human body acquisition service or authorized recipient shall sign
	each report.
	Sec. 692B.012. ENFORCEMENT AND PENALTIES. (a)  Each human
	body acquisition service and authorized recipient is subject to
	regulation, including commission investigations and enforcement,
	under Chapter 691.
	(b)  A person who violates this chapter is subject to the
	enforcement and penalties authorized under Chapter 691 as if the
	person violated or failed to perform a duty imposed under that
	chapter.
	SECTION 2.  Chapter 692B, Health and Safety Code, as added by
	this Act, applies only to conduct that is subject to regulation,
	enforcement, and penalties under that chapter that occurs on or
	after the effective date of this Act. Conduct that occurs before
	that date is governed by the law in effect on the date the conduct
	occurred, and the former law is continued in effect for that
	purpose.
	SECTION 3.  This Act takes effect September 1, 2023.