2005 Texas Health & Safety Code CHAPTER 613. KIDNEY DONATION BY WARD WITH MENTAL RETARDATION

HEALTH & SAFETY CODE

CHAPTER 613. KIDNEY DONATION BY WARD WITH MENTAL RETARDATION


	§ 613.001. DEFINITION.  In this chapter, "ward with 
mental retardation" means a ward who is a person with mental 
retardation, as defined by Subtitle D.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.            


	§ 613.002. COURT ORDER AUTHORIZING KIDNEY DONATION.  A 
district court may authorize the donation of a kidney of a ward with 
mental retardation to a father, mother, son, daughter, brother, or 
sister of the ward if:
		(1)  the guardian of the ward with mental retardation 
consents to the donation;
		(2)  the ward is 12 years of age or older;                                    
		(3)  the ward assents to the kidney transplant;                               
		(4)  the ward has two kidneys;                                                
		(5)  without the transplant the donee will soon die or 
suffer severe and progressive deterioration, and with the 
transplant the donee will probably benefit substantially;
		(6)  there are no medically preferable alternatives to 
a kidney transplant for the donee;
		(7)  the risks of the operation and the long-term risks 
to the ward are minimal;
		(8)  the ward will not likely suffer psychological 
harm;  and               
		(9)  the transplant will promote the ward's best 
interests.                 

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.            


	§ 613.003. PETITION FOR COURT ORDER.  The guardian of the 
person of a ward with mental retardation may petition a district 
court having jurisdiction of the guardian for an order authorizing 
the ward to donate a kidney under Section 613.002.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.            


	§ 613.004. COURT HEARING.  (a) The court shall hold a 
hearing on the petition filed under Section 613.003.
	(b)  A party to the proceeding is entitled on request to a 
preferential setting for the hearing.
	(c)  The court shall appoint an attorney ad litem and a 
guardian ad litem to represent the interest of the ward with mental 
retardation.  Neither person appointed may be related to the ward 
within the second degree by consanguinity.
	(d)  The hearing must be adversary in order to secure a 
complete record, and the attorney ad litem shall advocate the 
ward's interest, if any, in not being a donor.
	(e)  The petitioner has the burden of establishing good cause 
for the kidney donation by establishing the prerequisites 
prescribed by Section 613.002.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.            


	§ 613.005. INTERVIEW AND EVALUATION ORDER BY COURT.  (a) 
Before the eighth day after the date of the hearing, the court shall 
interview the ward with mental retardation to determine if the ward 
assents to the donation.  The interview shall be conducted in 
chambers and out of the presence of the guardian.
	(b)  If the court considers it necessary, the court may order 
the performance of a determination of mental retardation, as 
provided by Section 593.005, to help the court evaluate the ward's 
capacity to agree to the donation.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1993, 73rd Leg., ch. 60, § 17, eff. Sept. 1, 
1993.