SB2721 - Relating to the deceased, including requirements for donating or claiming bodies or anatomical specimens, the licensing and regulation of persons who provide services or conduct education or research in relation to the deceased, and responsibilities of political subdivisions for certain bodies after death; creating criminal offenses; authorizing administrative penalties; requiring occupational licenses; authorizing fees.

  89R31791 JCG/EAS-F     By: Parker, et al. S.B. No. 2721     (Bell of Kaufman)     Substitute the following for S.B. No. 2721:  No.       A BILL TO BE ENTITLED   AN ACT   relating to the deceased, including requirements for donating or   claiming bodies or anatomical specimens, the licensing and   regulation of persons who provide services or conduct education or   research in relation to the deceased, and responsibilities of   political subdivisions for certain bodies after death; creating   criminal offenses; authorizing administrative penalties; requiring   occupational licenses; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 8, Health and Safety Code, is   amended by adding Chapter 691A to read as follows:   CHAPTER 691A.   DONATION OF BODIES AND ANATOMICAL SPECIMENS;   LICENSING OF ANATOMICAL SUPPLIERS AND RESEARCHERS   SUBCHAPTER A.   GENERAL PROVISIONS           Sec. 691A.001.  DEFINITIONS. In this chapter:                 (1)     "Advisory committee" means the State Anatomical   Advisory Committee established under Subchapter B.                 (2)     "Anatomical specimen" means a part of the   corporeal remains of a human that is used for an education or   research purpose.                 (3)     "Anatomical supplier" means a person who holds a   license issued under Subchapter E to acquire and distribute bodies   and anatomical specimens to researchers.                 (4)     "Body" means the intact corporeal remains of a   human.                 (5)     "Commission" means the Texas Funeral Service   Commission.                 (6)     "Forensic science program" means an academic   program in forensic anthropology, forensic pathology, or another   similar discipline accredited by a nationally recognized body and   operated by an institution of higher education or private or   independent institution of higher education.                 (7)     "Institution of higher education" and "private or   independent institution of higher education" have the meanings   assigned by Section 61.003, Education Code.                 (8)     "Political subdivision" includes a municipality,   county, or special purpose district or authority.                 (9)     "Researcher" means a person who holds a license   issued under Subchapter F to use a body or anatomical specimen for   education or research purposes.                 (10)     "Search and rescue organization or recovery team"     means an organization or team that is exempt from federal taxation   under Section 501(c)(3), Internal Revenue Code of 1986, and uses   human remains detection canines with the authorization of a local   law enforcement agency, including a sheriff's office.                 (11)     "Willed body program" means a program accredited   by a nationally recognized body and operated at an institution of   higher education or private or independent institution of higher   education in this state that allows the donation of an individual's   body or anatomical specimen for education or research purposes.           Sec.   691A.002.     CONFLICT OF LAW.   To the extent of any   conflict between this chapter and Chapter 692A, this chapter   controls.   SUBCHAPTER B.   ADVISORY COMMITTEE           Sec.   691A.051.     ESTABLISHMENT OF ADVISORY COMMITTEE.   The   State Anatomical Advisory Committee is established to advise and   provide expertise to the commission regarding the regulation and   operation of persons licensed under this chapter, including the   donation and use of bodies and anatomical specimens for education   or research purposes.           Sec.   691A.052.     COMPOSITION; QUALIFICATIONS.   (a)   The   advisory committee is composed of five members appointed as   follows:                 (1)  one member appointed by the governor;                 (2)     two members appointed by the presiding officer of   the commission;                 (3)     one member who represents institutions of higher   education or private or independent institutions of higher   education that operate willed body programs, appointed by the   commissioner of the Texas Higher Education Coordinating Board; and                 (4)     one member appointed by the executive commissioner   of the Health and Human Services Commission.           (b)     Advisory committee members must have experience and   knowledge in the donation and use of whole bodies and anatomical   specimens for education and research.           (c)     Appointments to the advisory committee shall be made   without regard to the race, creed, sex, religion, or national   origin of the appointees.           Sec.   691A.053.     TERMS; REAPPOINTMENT.   (a) Members of the   advisory committee serve two-year terms.           (b)  An advisory committee member may be reappointed.           Sec.   691A.054.     APPLICABILITY OF OTHER LAW. Sections   2110.002 and 2110.008, Government Code, do not apply to the   advisory committee.           Sec.   691A.055.     RULE PROPOSAL. Subject to Section 691A.102,   the advisory committee may propose rules for the administration and   enforcement of this chapter.   SUBCHAPTER C.   GENERAL POWERS AND DUTIES OF COMMISSION           Sec.   691A.101.     ADMINISTRATION AND ENFORCEMENT. The   commission shall administer and enforce this chapter.           Sec.   691A.102.     RULES.   (a) The commission, in consultation   with the advisory committee, may adopt rules consistent with this   chapter to regulate the acquisition, distribution, use, and   disposition of donated bodies and anatomical specimens, including   rules proposed by the advisory committee under Section 691A.055.           (b)     The commission shall adopt rules prescribing the   procedure by which the advisory committee may propose rules to the   commission.           Sec.   691A.103.     FEES. The commission, in consultation with   the advisory committee, by rule may set and collect fees in amounts   reasonable and necessary to cover the cost of administering this   chapter, including fees for:                 (1)     authorizing the acquisition and distribution of   bodies and anatomical specimens, other than temporary custody of a   body or anatomical specimen on behalf of an anatomical supplier;                 (2)     conducting inspections, audits, and other   verification activities authorized under this chapter; and                 (3)  licensing persons under this chapter.           Sec.   691A.104.     BACKGROUND CHECK FOR LICENSE APPLICANT. (a)     The commission by rule shall require a person who applies for a   license under this chapter to submit to a background check,   including a review of the person's criminal history record   information.           (b)     If the applicant is a business or nonprofit entity, the   commission by rule shall require the submission of fingerprints for   purposes of conducting a background check from each individual who:                 (1)  has a controlling interest in the entity;                 (2)  is an officer or manager of the entity;                 (3)     is a member of the board of directors of the   entity; or                 (4)     holds a substantial amount of stock or other   similar interest in the entity, as determined by commission rule.           Sec.   691A.105.     UNIQUE IDENTIFIER; RECORDKEEPING.   (a) The   commission by rule shall require a person licensed under this   chapter to:                 (1)     subject to Subsection (c), issue a unique   identifier for each body or anatomical specimen donated to or   acquired by the person under this chapter;                 (2)     maintain identification records of the body or   anatomical specimen; and                 (3)     maintain records documenting the donation and each   transfer, as applicable, of the body or anatomical specimen,   including from whom the license holder acquired the body or   anatomical specimen.           (b)     In adopting rules under this section, the commission   shall develop a method for ensuring that a body or anatomical   specimen is not issued a duplicate identifier, which may include   the use of the license holder's name or other characteristic as part   of the identifier.           (c)     The commission shall maintain copies of records   submitted to the commission under this chapter in a searchable   database.           Sec.   691A.106.     REGULAR INSPECTIONS REQUIRED. (a)   The   commission shall inspect anatomical suppliers and researchers at   least once every three years to ensure the anatomical suppliers and   researchers maintain appropriate facilities in accordance with   this chapter and rules adopted under this chapter for activities   authorized under this chapter with respect to bodies and anatomical   specimens.           (b)     The commission may conduct unannounced inspections of   anatomical suppliers and researchers.           Sec.   691A.107.     AUDITS. The commission may audit the   records of any person licensed under this chapter in connection   with the person's activities under this chapter to ensure   compliance with this chapter and rules adopted under this chapter.           Sec.   691A.108.     OTHER COMPLIANCE PROCEDURES.   The commission   shall establish a process to periodically verify each anatomical   supplier's and researcher's compliance with applicable state laws   and rules.           Sec.   691A.109.     INFORMATIONAL DOCUMENT REGARDING ANATOMICAL   GIFT. The commission shall develop and publish on the commission's   Internet website a document to inform a person making a gift of a   decedent's body or anatomical specimen about the options for   donation authorized under this chapter, including the option to   make decisions regarding the final disposition of the body or   anatomical specimen.           Sec.   691A.110.     APPROVAL FOR EXPORT REQUIRED.   (a)   The   commission shall review and may approve applications for persons   located in other states to receive bodies or anatomical specimens   from individuals in this state. The commission may withdraw the   commission's approval of a person in another state who applies for   approval under this section.           (b)  A person applying for approval under this section must:                 (1)     be a postsecondary educational program accredited   by a nationally recognized accreditation organization acceptable   to the commission;                 (2)     provide proof of accreditation by the applicable   accrediting organiz [Text truncated for display. Full text available on LegiScan.]