Bill Text: TX HB326 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a health facility's removal of medical equipment from a deceased individual's body before transfer to a funeral director; authorizing an administrative penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-23 - Referred to Public Health [HB326 Detail]
Download: Texas-2023-HB326-Introduced.html
| 88R3381 EAS-D | ||
| By: Goodwin | H.B. No. 326 | |
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| relating to a health facility's removal of medical equipment from a | ||
| deceased individual's body before transfer to a funeral director; | ||
| authorizing an administrative penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 4, Health and Safety Code, is amended by | ||
| adding Subtitle H to read as follows: | ||
| SUBTITLE H. POWERS AND DUTIES OF HEALTH FACILITIES | ||
| CHAPTER 331. GENERAL DUTIES OF HEALTH FACILITIES | ||
| Sec. 331.001. REMOVAL OF MEDICAL EQUIPMENT FROM DECEASED | ||
| INDIVIDUAL; ADMINISTRATIVE PENALTY. (a) In this section: | ||
| (1) "Commission" means the Health and Human Services | ||
| Commission. | ||
| (2) "Funeral director" has the meaning assigned by | ||
| Section 651.001, Occupations Code. | ||
| (3) "Health facility" means a facility licensed under | ||
| Subtitle B. | ||
| (4) "Medical equipment" means an instrument, | ||
| apparatus, implement, machine, contrivance, or other article, | ||
| other than an implant, that is used in the treatment, monitoring, or | ||
| diagnosis of a patient, including: | ||
| (A) catheters; | ||
| (B) cannulae; | ||
| (C) defibrillator pads; | ||
| (D) drains; | ||
| (E) endotracheal tubes; | ||
| (F) feeding tubes; and | ||
| (G) intravascular lines. | ||
| (b) If an individual dies in a health facility, the facility | ||
| shall remove all medical equipment from the deceased individual's | ||
| body before the body is transferred to a funeral director in | ||
| accordance with Section 651.401, Occupations Code. | ||
| (c) The commission shall impose an administrative penalty | ||
| against a health facility that violates this section. The penalty | ||
| may not exceed $500 for each violation. | ||
| SECTION 2. Section 331.001, Health and Safety Code, as | ||
| added by this Act, applies only to the body of an individual who | ||
| dies on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
