Bill Text: TX HB227 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to donation of HIV-infected organs, eyes, and tissue to individuals infected with HIV.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-13 - Referred to Public Health [HB227 Detail]
Download: Texas-2017-HB227-Introduced.html
| 85R1000 JSC-D | ||
| By: Howard | H.B. No. 227 | |
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| relating to donation of HIV-infected organs, eyes, and tissue to | ||
| individuals infected with HIV. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 692A, Health and Safety Code, is amended | ||
| by adding Section 692A.0155 to read as follows: | ||
| Sec. 692A.0155. ANATOMICAL GIFTS BY HIV-POSITIVE PATIENT. | ||
| (a) Subject to federal regulation and rules adopted under this | ||
| section, a donor or other person authorized to make an anatomical | ||
| gift for the purpose of transplantation or therapy may make a gift | ||
| of an organ, an eye, or tissue of a donor who tests positive for | ||
| human immunodeficiency virus. | ||
| (b) An anatomical gift made under Subsection (a) may be used | ||
| only for transplantation into or therapy for a patient who tests | ||
| positive for human immunodeficiency virus. | ||
| (c) The department shall develop and prepare written | ||
| materials to inform a patient or person authorized to consent for a | ||
| patient of the nature, consequences, and risks of receiving an | ||
| organ, an eye, or tissue for transplantation or therapy from a donor | ||
| who is infected with human immunodeficiency virus. The written | ||
| materials must include a form to be signed by the patient or person | ||
| authorized to consent for the patient indicating that the materials | ||
| have been explained to the patient or person and that the patient or | ||
| person understands the nature, consequences, and risks of the | ||
| patient receiving an anatomical gift that is infected with the | ||
| human immunodeficiency virus. | ||
| (d) A physician or health care provider shall obtain | ||
| informed consent under this section before performing a transplant | ||
| or therapy authorized by this section. | ||
| (e) A physician or other health care provider who uses an | ||
| anatomical gift from a donor infected with human immunodeficiency | ||
| virus for transplantation into or therapy for a patient who tests | ||
| positive for the human immunodeficiency virus is not subject to | ||
| criminal, civil, or administrative penalties solely on the basis | ||
| that the organ, eye, or tissue was obtained from an infected donor. | ||
| (f) The Texas Medical Board and the executive commissioner | ||
| of the Health and Human Services Commission shall jointly adopt | ||
| rules to implement this section. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
