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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of organs, organ parts, or medically |
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implanted devices on completion of an autopsy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 9, Article 49.25, Code of Criminal |
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Procedure, is amended by adding Subsections (d), (e), and (f) to |
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read as follows: |
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(d) On completion of an autopsy during which the medical |
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examiner removes an organ, organ part, or medically implanted |
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device, the medical examiner performing the autopsy shall retain |
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the organ, organ part, or medically implanted device if: |
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(1) the retention is required by law or by published |
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professional or accreditation standards; or |
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(2) the medical examiner determines that retention is |
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necessary for further examination or testing. |
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(e) If the medical examiner is not required to retain an |
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organ, organ part, or medically implanted device under Subsection |
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(d), the medical examiner shall: |
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(1) dispose of the organ, organ part, or medically |
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implanted device as medical waste; or |
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(2) release the organ, organ part, or medically |
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implanted device to: |
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(A) the decedent's next of kin or the executor of |
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the decedent's estate; |
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(B) a medical laboratory; |
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(C) a hospital; |
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(D) an accredited medical school for research or |
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education purposes; |
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(E) an organ procurement organization; or |
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(F) a funeral establishment or crematory. |
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(f) A medical examiner shall develop a protocol based on |
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published professional or accreditation standards for the |
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disposition of organs, organ parts, and medically implanted devices |
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under this section. |
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SECTION 2. This Act takes effect September 1, 2017. |