CHAPTER 693. REMOVAL OF BODY PARTS, BODY TISSUE, AND CORNEAL TISSUE
HEALTH AND SAFETY CODE
TITLE 8. DEATH AND DISPOSITION OF THE BODY
SUBTITLE B. DISPOSITION OF THE BODY
CHAPTER 693. REMOVAL OF BODY PARTS, BODY TISSUE, AND CORNEAL
TISSUE
SUBCHAPTER A. REMOVAL OF BODY PARTS OR TISSUE
Sec. 693.001. DEFINITION. In this subchapter, "visceral organ"
means the heart, kidney, liver, or other organ or tissue that
requires a patient support system to maintain the viability of
the organ or tissue.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 693.002. REMOVAL OF BODY PART OR TISSUE FROM DECEDENT WHO
DIED UNDER CIRCUMSTANCES REQUIRING AN INQUEST. (a)(1) On a
request from an organ procurement organization, as defined by
Section 692A.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 organ procurement
organization, as defined by Section 692A.002, for removal and
transplantation.
(3) If an autopsy is required and the medical examiner, justice
of the peace, county judge, or designated physician determines
that the removal of the organs will not interfere with the
subsequent course of an investigation or autopsy, the organs
shall be released in a timely manner for removal and
transplantation. The autopsy will be performed in a timely manner
following the removal of the organs.
(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 organ procurement organization; and
(B) any person listed in Section 692A.009 who consented to the
removal.
(5) If the autopsy is not being performed by a medical examiner
and one or more organs may be withheld, the justice of the peace,
county judge, or designated physician shall be present during the
removal of the organs and may request the biopsy or deny removal
of the anatomical gift. If removal of the anatomical gift is
denied, the justice of the peace, county judge, or physician
shall provide the written explanation required by Subdivisions
(4)(A) and (B).
(6) If, in performing the duties required by this subsection,
the medical examiner or, in those cases in which an autopsy is
not performed by a medical examiner, the justice of the peace,
county judge, or designated physician is required to be present
at the hospital to examine the decedent prior to removal of the
organs or during the procedure to remove the organs, the
qualified organ procurement organization shall on request
reimburse the county or the entity designated by the county for
the actual costs incurred in performing such duties, not to
exceed $1,000. Such reimbursements shall be deposited in the
general fund of the county. The payment shall be applied to the
additional costs incurred by the office of the medical examiner,
justice of the peace, or county judge in performing such duties,
including the cost of providing coverage beyond regular business
hours. The payment shall be used to facilitate the timely
procurement of organs in a manner consistent with the
preservation of the organs for the purposes of transplantation.
(7) At the request of the medical examiner or, in those cases in
which an autopsy is not performed by a medical examiner, the
justice of the peace, county judge, or designated physician, the
health care professional removing organs from a decedent who died
under circumstances requiring an inquest shall file with the
medical examiner, justice of the peace, or county judge a report
detailing the condition of the organs removed and their
relationship, if any, to the cause of death.
(b) On a request from a tissue bank, as defined by Section
692A.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, no objection by a person listed
in Section 692A.009 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 tissue bank; and
(2) the person listed in Section 692A.009 who consented to the
removal.
(c) If the autopsy is not being performed by a medical examiner,
the justice of the peace, county judge, or designated physician
may permit the removal of tissue in the same manner as a medical
examiner under Subsection (b). If removal of the anatomical gift
is denied, the justice of the peace, county judge, or physician
shall provide the written explanation required by Subsections
(b)(1) and (2).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 523, Sec. 1, eff. June 13,
1995; Acts 2003, 78th Leg., ch. 1220, Sec. 1, eff. July 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 5, eff. September 1, 2009.
Sec. 693.003. CONSENT NOT REQUIRED IN CERTAIN CIRCUMSTANCES.
If a person listed in Section 692A.009 cannot be identified and
contacted within four hours after death is pronounced and the
county court determines that no reasonable likelihood exists that
a person can be identified and contacted during the four-hour
period, the county court may permit the removal of a nonvisceral
organ or tissue.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 6, eff. September 1, 2009.
Sec. 693.005. IMMUNITY FROM DAMAGES IN CIVIL ACTION. In a civil
action brought by a person listed in Section 692A.009 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 1220, Sec. 1, eff. July 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 7, eff. September 1, 2009.
Sec. 693.006. REMOVAL OF CORNEAL TISSUE. On a request from an
eye bank, as defined in Section 692A.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 procurement
organization under this subchapter. The provisions of Chapter
692A relating to immunity and consent apply to the removal of the
corneal tissue.
Added by Acts 2005, 79th Leg., Ch.
1069, Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 8, eff. September 1, 2009.
SUBCHAPTER C. EYE ENUCLEATION
Sec. 693.021. DEFINITION. In this chapter, "ophthalmologist"
means a person licensed to practice medicine who specializes in
treating eye diseases.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 693.022. PERSONS WHO MAY ENUCLEATE EYE AS ANATOMICAL GIFT.
Only the following persons may enucleate an eye that is an
anatomical gift:
(1) a licensed physician;
(2) a licensed doctor of dental surgery or medical dentistry;
(3) a licensed embalmer; or
(4) a technician supervised by a physician.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 693.023. EYE ENUCLEATION COURSE. Each person, other than a
licensed physician, who performs an eye enucleation must complete
a course in eye enucleation taught by an ophthalmologist and must
possess a certificate showing that the course has been completed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 693.024. REQUISITES OF EYE ENUCLEATION COURSE. The course
in eye enucleation prescribed by Section 693.023 must include
instruction in:
(1) the anatomy and physiology of the eye;
(2) maintaining a sterile field during the procedure;
(3) use of the appropriate instruments; and
(4) procedures for the sterile removal of the corneal button and
the preservation of it in a preservative fluid.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.