TITLE: Relating to the use by a medical examiner of certain medical waste and autopsy records.

SUMMARY: Relating to the use by a medical examiner of certain medical waste and autopsy records.

FULL TEXT:
AN ACT relating to the use by a medical examiner of certain medical waste and autopsy records. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 49.25, Code of Criminal Procedure, is amended by adding Section 13B to read as follows: Sec. 13B. EDUCATION AND RESEARCH. (a) For purposes of this section, "medical waste" has the meaning assigned to the term "special waste from health care-related facilities" by Department of State Health Services rule, except that the term does not include: (1) waste produced on a farm or ranch as defined by Section 151.316, Tax Code; or (2) artificial, nonhuman materials removed from a patient and requested by the patient, including orthopedic devices and breast implants. (b) Except as provided by Subsection (e), a medical examiner may use tissue that is removed from a body during an autopsy to perform educational, diagnostic, or research activities after the autopsy if the tissue is medical waste. These activities may be conducted in collaboration with a nationally recognized research or educational institution. (c) Except as provided by Subsection (e), a medical examiner may use a photograph of a body taken during an autopsy for educational or teaching purposes. (d) Research activities conducted in collaboration with a nationally recognized research or educational institution must be reviewed, in each case, by an institutional review board for compliance with applicable state and federal law. (e) A medical examiner may not use tissue or a photograph under Subsection (b) or (c) if the medical examiner receives a notarized affidavit that was signed by the person who is the subject of the autopsy stating the person's objection to the performance of an autopsy on the person for religious reasons. SECTION 2. This Act takes effect September 1, 2013.