CHAPTER 692A. REVISED UNIFORM ANATOMICAL GIFT ACT
HEALTH AND SAFETY CODE
TITLE 8. DEATH AND DISPOSITION OF THE BODY
SUBTITLE B. DISPOSITION OF THE BODY
CHAPTER 692A. REVISED UNIFORM ANATOMICAL GIFT ACT
Sec. 692A.001. SHORT TITLE. This chapter may be cited as the
Revised Uniform Anatomical Gift Act.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
Sec. 692A.002. DEFINITIONS. In this chapter:
(1) "Adult" means an individual who is at least 18 years of age.
(2) "Agent" means an individual:
(A) authorized to make health care decisions on the principal's
behalf by a medical power of attorney; or
(B) expressly authorized to make an anatomical gift on the
principal's behalf by any other record signed by the principal.
(3) "Anatomical gift" means a donation of all or part of a human
body to take effect after the donor's death for the purpose of
transplantation, therapy, research, or education.
(4) "Commissioner" means the commissioner of state health
services.
(5) "Decedent" means a deceased individual whose body or part is
or may be the source of an anatomical gift. The term includes a
stillborn infant and, subject to restrictions imposed by law
other than this chapter, a fetus.
(6) "Department" means the Department of State Health Services.
(7) "Disinterested witness" means a witness other than the
spouse, child, parent, sibling, grandchild, grandparent, or
guardian of the individual who makes, amends, revokes, or refuses
to make an anatomical gift, or another adult who exhibited
special care and concern for the individual. The term does not
include a person to which an anatomical gift could pass under
Section 692A.011.
(8) "Document of gift" means a donor card or other record used
to make an anatomical gift. The term includes a statement or
symbol on a driver's license, identification card, or donor
registry.
(9) "Donor" means an individual whose body or part is the
subject of an anatomical gift.
(10) "Donor registry" means a database that contains records of
anatomical gifts and amendments to or revocations of anatomical
gifts.
(11) "Driver's license" means a license or permit issued by the
Department of Public Safety to operate a vehicle, whether or not
conditions are attached to the license or permit.
(12) "Eye bank" means a person that is licensed, accredited, or
regulated under federal or state law to engage in the recovery,
screening, testing, processing, storage, or distribution of human
eyes or portions of human eyes.
(13) "Guardian" means a person appointed by a court to make
decisions regarding the support, care, education, health, or
welfare of an individual. The term does not include a guardian ad
litem.
(14) "Hospital" means a facility licensed as a hospital under
the law of any state or a facility operated as a hospital by the
United States, a state, or a subdivision of a state.
(15) "Identification card" means an identification card issued
by the Department of Public Safety.
(16) "Imminent death" means a patient who requires mechanical
ventilation, has a severe neurologic injury, and meets certain
clinical criteria indicating that neurologic death is near or a
patient for whom withdrawal of ventilatory support is being
considered.
(17) "Know" means to have actual knowledge.
(18) "Minor" means an individual who is under 18 years of age.
(19) "Organ procurement organization" means a person designated
by the secretary of the United States Department of Health and
Human Services as an organ procurement organization.
(20) "Parent" means a parent whose parental rights have not been
terminated.
(21) "Part" means an organ, an eye, or tissue of a human being.
The term does not include the whole body.
(22) "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government or
governmental subdivision, agency, or instrumentality, or any
other legal or commercial entity.
(23) "Physician" means an individual authorized to practice
medicine or osteopathy under the law of any state.
(24) "Procurement organization" means an eye bank, organ
procurement organization, or tissue bank.
(25) "Prospective donor" means an individual who is dead or near
death and has been determined by a procurement organization to
have a part that could be medically suitable for transplantation,
therapy, research, or education. The term does not include an
individual who has made a refusal.
(26) "Reasonably available" means able to be contacted by a
procurement organization without undue effort and willing and
able to act in a timely manner consistent with existing medical
criteria necessary for the making of an anatomical gift.
(27) "Recipient" means an individual into whose body a
decedent's part has been or is intended to be transplanted.
(28) "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(29) "Refusal" means a record created under Section 692A.007
that expressly states an intent to bar other persons from making
an anatomical gift of an individual's body or part.
(30) "Sign" means, with the present intent to authenticate or
adopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record an
electronic symbol, sound, or process.
(31) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of
the United States.
(32) "Technician" means an individual determined to be qualified
to remove or process parts by an appropriate organization that is
licensed, accredited, or regulated under federal or state law.
The term includes an enucleator.
(33) "Timely notification" means notification of an imminent
death to the organ procurement organization within one hour of
the patient's meeting the criteria for imminent death and before
the withdrawal of any life sustaining therapies. With respect to
cardiac death, timely notification means notification to the
organ procurement organization within one hour of the cardiac
death.
(34) "Tissue" means a portion of the human body other than an
organ or an eye. The term does not include blood unless the blood
is donated for the purpose of research or education.
(35) "Tissue bank" means a person licensed, accredited, or
regulated under federal or state law to engage in the recovery,
screening, testing, processing, storage, or distribution of
tissue.
(36) "Transplant hospital" means a hospital that furnishes organ
transplants and other medical and surgical specialty services
required for the care of transplant patients.
(37) "Visceral organ" means the heart, kidney, or liver or
another organ or tissue that requires a patient support system to
maintain the viability of the organ or tissue.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
Sec. 692A.003. APPLICABILITY. This chapter applies to an
anatomical gift or amendment to, revocation of, or refusal to
make an anatomical gift, whenever made.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
Sec. 692A.004. PERSONS AUTHORIZED TO MAKE ANATOMICAL GIFT BEFORE
DONOR'S DEATH. Subject to Section 692A.008, an anatomical gift
of a donor's body or part may be made during the life of the
donor for the purpose of transplantation, therapy, research, or
education in the manner provided in Section 692A.005 by:
(1) the donor, if the donor is an adult or if the donor is a
minor and is:
(A) emancipated; or
(B) authorized under state law to apply for a driver's license
because the donor is at least 16 years of age and:
(i) circumstances allow the donation to be actualized prior to
18 years of age; and
(ii) an organ procurement organization obtains signed written
consent from the minor's parent, guardian, or custodian as in
Subdivision (3);
(2) an agent of the donor, unless the medical power of attorney
or other record prohibits the agent from making an anatomical
gift;
(3) a parent of the donor, if the donor is an unemancipated
minor; or
(4) the donor's guardian.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
Sec. 692A.005. MANNER OF MAKING ANATOMICAL GIFT BEFORE DONOR'S
DEATH. (a) A donor may make an anatomical gift:
(1) by authorizing a statement or symbol indicating that the
donor has made an anatomical gift to be imprinted on the donor's
driver's license or identification card;
(2) in a will;
(3) during a terminal illness or injury of the donor, by any
form of communication addressed to at least two adults, at least
one of whom is a disinterested witness; or
(4) as provided in Subsection (b).
(b) A donor or other person authorized to make an anatomical
gift under Section 692A.004 may make a gift by a donor card or
other record signed by the donor or other person making the gift
or by authorizing that a statement or symbol indicating the donor
has made an anatomical gift be included on a donor registry. If
the donor or other person is physically unable to sign a record,
the record may be signed by another individual at the direction
of the donor or other person and must:
(1) be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the
donor or the other person; and
(2) state that the record has been signed and witnessed as
provided in Subdivision (1).
(c) Revocation, suspension, expiration, or cancellation of a
driver's license or identification card on which an anatomical
gift is indicated does not invalidate the gift.
(d) An anatomical gift made by will takes effect on the donor's
death whether or not the will is probated. Invalidation of the
will after the donor's death does not invalidate the gift.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
Sec. 692A.006. AMENDING OR REVOKING ANATOMICAL GIFT BEFORE
DONOR'S DEATH. (a) Subject to Section 692A.008, a donor or
other person authorized to make an anatomical gift under Section
692A.004 may amend or revoke an anatomical gift by:
(1) a record signed by:
(A) the donor;
(B) the other person; or
(C) subject to Subsection (b), another individual acting at the
direction of the donor or the other person if the donor or other
person is physically unable to sign; or
(2) a later-executed document of gift that amends or revokes a
previous anatomical gift or portion of an anatomical gift, either
expressly or by inconsistency.
(b) A record signed pursuant to Subsection (a)(1)(C) must:
(1) be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the
donor or the other person; and
(2) state that the record has been signed and witnessed as
provided in Subdivision (1).
(c) Subject to Section 692A.008, a donor or other person
authorized to make an anatomical gift under Section 692A.004 may
revoke an anatomical gift by the destruction or cancellation of
the document of gift, or the portion of the document of gift used
to make the gift, with the intent to revoke the gift.
(d) A donor may amend or revoke an anatomical gift that was not
made in a will by any form of communication during a terminal
illness or injury addressed to at least two adults, at least one
of whom is a disinterested witness.
(e) A donor who makes an anatomical gift in a will may amend or
revoke the gift in the manner provided for amendment or
revocation of wills or as provided in Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
Sec. 692A.007. REFUSAL TO MAKE ANATOMICAL GIFT; EFFECT OF
REFUSAL. (a) An individual may refuse to make an anatomical
gift of the individual's body or part by:
(1) a record signed by:
(A) the individual; or
(B) subject to Subsection (b), another individual acting at the
direction of the individual if the individual is physically
unable to sign;
(2) the individual's will, whether or not the will is admitted
to probate or invalidated after the individual's death; or
(3) any form of communication made by the individual during the
individual's terminal illness or injury addressed to at least two
adults, at least one of whom is a disinterested witness.
(b) A record signed pursuant to Subsection (a)(1)(B) must:
(1) be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the
individual; and
(2) state that the record has been signed and witnessed as
provided in Subdivision (1).
(c) An individual who has made a refusal may amend or revoke the
refusal:
(1) in the manner provided in Subsection (a) for making a
refusal;
(2) by subsequently making an anatomical gift pursuant to
Section 692A.005 that is inconsistent with the refusal; or
(3) by destroying or canceling the record evidencing the
refusal, or the portion of the record used to make the refusal,
with the intent to revoke the refusal.
(d) Except as otherwise provided in Section 692A.008(h), in the
absence of an express, contrary indication by the individual set
forth in the refusal, an individual's unrevoked refusal to make
an anatomical gift of the individual's body or part bars all
other persons from making an anatomical gift of the individual's
body or part.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
Sec. 692A.008. PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT,
OR REVOCATION. (a) Except as otherwise provided in Subsection
(g) and subject to Subsection (f), in the absence of an express,
contrary indication by the donor, a person other than the donor
is barred from making, amending, or revoking an anatomical gift
of a donor's body or part if the donor made an anatomical gift of
the donor's body or part under Section 692A.005 or an amendment
to an anatomical gift of the donor's body or part under Section
692A.006.
(b) A donor's revocation of an anatomical gift of the donor's
body or part under Section 692A.006 is not a refusal and does not
bar another person specified in Section 692A.004 or Section
692A.009 from making an anatomical gift of the donor's body or
part under Section 692A.005 or Section 692A.010.
(c) If a person other than the donor makes an unrevoked
anatomical gift of the donor's body or part under Section
692A.005 or an amendment to an anatomical gift of the donor's
body or part under Section 692A.006, another person may not make,
amend, or revoke the gift of the donor's body or part under
Section 692A.010.
(d) A revocation of an anatomical gift of a donor's body or part
under Section 692A.006 by a person other than the donor does not
bar another person from making an anatomical gift of the body or
part under Section 692A.005 or Section 692A.010.
(e) In the absence of an express, contrary indication by the
donor or other person authorized to make an anatomical gift under
Section 692A.004, an anatomical gift of a part is neither a
refusal to give another part nor a limitation on the making of an
anatomical gift of another part at a later time by the donor or
another person.
(f) In the absence of an express, contrary indication by the
donor or other person authorized to make an anatomical gift under
Section 692A.004, an anatomical gift of a part for one or more of
the purposes set forth in Section 692A.004 is not a limitation on
the making of an anatomical gift of the part for any of the other
purposes by the donor or any other person under Section 692A.005
or Section 692A.010.
(g) If a donor who is an unemancipated minor dies, a parent of
the donor who is reasonably available may revoke or amend an
anatomical gift of the donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, a
parent of the minor who is reasonably available may revoke the
minor's refusal.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
Sec. 692A.009. WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S BODY
OR PART. (a) Subject to Subsections (b) and (c) and unless
barred by Section 692A.007 or Section 692A.008, an anatomical
gift of a decedent's body or part for the purpose of
transplantation, therapy, research, or education may be made by
any member of the following classes of persons who is reasonably
available, in the order of priority listed:
(1) an agent of the decedent at the time of death who could have
made an anatomical gift under Section 692A.004(2) immediately
before the decedent's death;
(2) the spouse of the decedent;
(3) adult children of the decedent;
(4) parents of the decedent;
(5) adult siblings of the decedent;
(6) adult grandchildren of the decedent;
(7) grandparents of the decedent;
(8) an adult who exhibited special care and concern for the
decedent;
(9) the persons who were acting as the guardians of the person
of the decedent at the time of death;
(10) the hospital administrator; and
(11) any other person having the authority to dispose of the
decedent's body.
(b) If there is more than one member of a class listed in
Subsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to
make an anatomical gift, an anatomical gift may be made by a
member of the class unless that member or a person to which the
gift may pass under Section 692A.011 knows of an objection by
another member of the class. If an objection is known, the gift
may be made only by a majority of the members of the class who
are reasonably available.
(c) A person may not make an anatomical gift if, at the time of
the decedent's death, a person in a prior class under Subsection
(a) is reasonably available to make or to object to the making of
an anatomical gift.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
Sec. 692A.010. MANNER OF MAKING, AMENDING, OR REVOKING
ANATOMICAL GIFT OF DECEDENT'S BODY OR PART. (a) A person
authorized to make an anatomical gift under Section 692A.009 may
make an anatomical gift by a document of gift signed by the
person making the gift or by that person's oral communication
that is electronically recorded or is contemporaneously reduced
to a record and signed by the individual receiving the oral
communication.
(b) Subject to Subsection (c), an anatomical gift by a person
authorized under Section 692A.009 may be amended or revoked
orally or in a record by any member of a prior class who is
reasonably available. If more than one member of the prior class
is reasonably available, the gift made by a person authorized
under Section 692A.009 may be:
(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.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.
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)).
Added by Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 1, eff. September 1, 2009.