Tex.
Health & Safety Code Section 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 (Definitions), 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 (Manner of Making Anatomical Gift Before Donor’s Death) through 692A.010 (Manner of Making, Amending, or Revoking Anatomical Gift of Decedent’s Body or Part) or Section 693.003 (Consent Not Required in Certain Circumstances).(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 (Definitions), 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 May Make Anatomical Gift of Decedent’s Body or Part) 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 (Definitions), 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 (Manner of Making Anatomical Gift Before Donor’s Death) through 692A.010 (Manner of Making, Amending, or Revoking Anatomical Gift of Decedent’s Body or Part) or Section 693.003 (Consent Not Required in Certain Circumstances) or, if consent is not required by those sections, no objection by a person listed in Section 692A.009 (Who May Make Anatomical Gift of Decedent’s Body or Part) 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 May Make Anatomical Gift of Decedent’s Body or Part) 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).
Source:
Section 693.002 — Removal of Body Part or Tissue from Decedent Who Died Under Circumstances Requiring an Inquest, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.693.htm#693.002 (accessed Apr. 20, 2024).
