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AN ACT
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relating to requiring a private autopsy facility to post a notice |
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for filing a complaint against a physician; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 8, Health and Safety Code, is |
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amended by adding Chapter 671A to read as follows: |
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CHAPTER 671A. NOTICE REQUIRED AT PRIVATE AUTOPSY FACILITY |
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Sec. 671A.001. DEFINITION. In this chapter, "private |
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autopsy facility" means a facility that is owned or operated by a |
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physician who performs autopsy services for a fee or that employs a |
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physician to perform autopsy services for a fee, including autopsy |
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services performed on the order of a justice of the peace. The term |
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does not include a medical examiner's office. |
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Sec. 671A.002. NOTICE FOR COMPLAINTS REQUIRED. (a) A |
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private autopsy facility shall post a notice in a conspicuous place |
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in a public area of the facility that substantially complies with |
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the notice published by the Texas Medical Board under this section. |
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(b) The notice must state in English and in Spanish that a |
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person may file with the Texas Medical Board a complaint against a |
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physician who performs autopsy services and must include the |
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appropriate mailing address and telephone number of the Texas |
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Medical Board for filing complaints against physicians. |
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(c) The Texas Medical Board by rule shall adopt a sample |
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form of the notice. The board shall publish the notice on the |
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board's Internet website. |
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Sec. 671A.003. CRIMINAL PENALTY FOR FAILURE TO POST NOTICE. |
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(a) A private autopsy facility commits an offense if the facility |
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fails to post the notice required by this chapter. |
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(b) An offense under this section is a Class C misdemeanor. |
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SECTION 2. Not later than January 1, 2012, the Texas Medical |
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Board shall publish the notice as required by Section 671A.002, |
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Health and Safety Code, as added by this Act. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2011. |
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(b) Section 671A.003, Health and Safety Code, as added by |
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this Act, takes effect January 1, 2012. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 256 passed the Senate on |
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March 24, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 256 passed the House on |
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May 20, 2011, by the following vote: Yeas 149, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |