2005 Texas Health & Safety Code CHAPTER 49. DONOR EDUCATION, AWARENESS, AND REGISTRY PROGRAM OF TEXAS

HEALTH & SAFETY CODE

CHAPTER 49. DONOR EDUCATION, AWARENESS, AND REGISTRY PROGRAM OF 
TEXAS


	§ 49.001. DEFINITIONS.  In this chapter:                                    
		(1)  "Commissioner" means the commissioner of state 
health services.        
		(2)  "Department" means the Department of State Health 
Services.            
		(3)  "Registry program" means the Donor Education, 
Awareness, and Registry Program of Texas.

Added by Acts 2005, 79th Leg., ch. 1186, § 4, eff. June 18, 2005.          


	§ 49.002. ESTABLISHMENT OF PROGRAM.  (a) In consultation 
with the Department of Public Safety and organ procurement 
organizations, the department shall establish the Donor Education, 
Awareness, and Registry Program of Texas.
	(b)  The department shall enter into an agreement with an 
organization selected by the commissioner under a competitive 
proposal process for the establishment and maintenance of a 
statewide Internet-based registry of organ, tissue, and eye donors.  
Contingent on the continued availability of appropriations under 
Subsection (h), the term of the initial agreement is two years and 
may be renewed for two-year terms thereafter unless terminated in a 
written notice to the other party by the department or organization 
not later than the 180th day before the last day of a term.
	(c)  The Department of Public Safety at least monthly shall 
electronically transfer to the organization selected by the 
commissioner as provided by Subsection (b) the name, date of birth, 
driver's license number, most recent address, and any other 
relevant information in the possession of the Department of Public 
Safety for any person who indicates on the person's driver's license 
application under Section 521.401, Transportation Code, that the 
person would like to make an anatomical gift and consents in writing 
to the release of the information by the Department of Public Safety 
to the organization for inclusion in the statewide Internet-based 
registry of organ, tissue, and eye donors.
	(d)  The contract between the department and the 
organization selected by the commissioner as provided by Subsection 
(b) must require the organization to:
		(1)  make information obtained from the Department of 
Public Safety under Subsection (c) available to qualified organ, 
tissue, and eye bank organizations;
		(2)  allow potential donors to submit information in 
writing directly to the organization for inclusion in the statewide 
Internet-based registry of organ, tissue, and eye donors;
		(3)  maintain the statewide Internet-based registry of 
organ, tissue, and eye donors in a manner that allows qualified 
organ, tissue, and eye bank organizations to immediately access 
organ, tissue, and eye donation information 24 hours a day, seven 
days a week, through electronic and telephonic methods;  and
		(4)  protect the confidentiality and privacy of the 
individuals providing information to the statewide Internet-based 
registry, regardless of the manner in which the information is 
provided.
	(e)  Except as otherwise provided by Subsection (d)(3) or 
this subsection, the Department of Public Safety, the organization 
selected by the commissioner under Subsection (b), or a qualified 
organ, tissue, and eye bank organization may not sell, rent, or 
otherwise share any information provided to the registry.  A 
qualified organ, tissue, and eye bank organization may share any 
information provided to the registry with an organ procurement 
organization or a health care provider or facility providing 
medical care to a potential donor as necessary to properly identify 
an individual at the time of donation.
	(f)  The Department of Public Safety, the organization 
selected by the commissioner under Subsection (b), or the qualified 
organ, tissue, and eye bank organizations may not use any 
demographic or specific data provided to the registry for any 
fund-raising activities.  Data may only be transmitted from the 
selected organization to qualified organ, tissue, and eye bank 
organizations through electronic and telephonic methods using 
secure, encrypted technology to preserve the integrity of the data 
and the privacy of the individuals providing information.
	(g)  In each office authorized to issue driver's licenses or 
personal identification certificates, the Department of Public 
Safety shall make available educational materials developed by the 
Texas Organ, Tissue, and Eye Donor Council established under 
Chapter 113.
	(h)  The Department of Public Safety shall remit to the 
comptroller the money collected under Sections 521.421(g) and 
521.422(c), Transportation Code, as provided by those subsections.  
A county assessor-collector shall remit to the comptroller any 
money collected under Section 502.1745, Transportation Code, as 
provided by that section.  Money remitted to the comptroller in 
accordance with this subsection that is appropriated to the 
department must be spent in accordance with the priorities 
established by the department in consultation with the Texas Organ, 
Tissue, and Eye Donor Council to pay the costs of:
		(1)  maintaining, operating, and updating the 
statewide Internet-based donor registry and establishing 
procedures for an individual to be added to the registry;  and
		(2)  designing and distributing education materials 
for prospective donors as required under this section.
	(i)  Any additional money over the amount necessary to 
accomplish the purposes of Subsections (h)(1) and (2) may be used by 
the department to provide education under this chapter or may be 
awarded using a competitive grant process to organizations to 
conduct organ, eye, and tissue donation education activities in 
this state.  A member of the Texas Organ, Tissue, and Eye Donor 
Council may not receive a grant under this subsection.
	(j)  The department shall require the organization selected 
under Subsection (b) to submit an annual written report to the 
department that includes:
		(1)  the number of donors listed on the registry;                             
		(2)  changes in the number of donors listed on the 
registry;  and           
		(3)  the demographic characteristics of listed donors, 
to the extent the characteristics may be determined from 
information provided on donor registry forms submitted by donors to 
the organization.
	(k)  To the extent funds are available and as part of the 
registry program, the department shall educate residents about 
anatomical gifts.  The program shall include information about:
		(1)  the laws governing anatomical gifts, including 
Subchapter Q, Chapter 521, Transportation Code, and Chapter 692;
		(2)  the procedures for becoming an organ, eye, or 
tissue donor or donee;  and
		(3)  the benefits of organ, eye, or tissue donation.                          
	(l)  In developing the program, the department in 
consultation with the Texas Organ, Tissue, and Eye Donor Council 
shall solicit broad-based input reflecting recommendations of all 
interested groups, including representatives of patients, 
providers, ethnic groups, and geographic regions.
	(m)  In consultation with the Texas Organ, Tissue, and Eye 
Donor Council, the department may implement a training program for 
all appropriate Department of Public Safety and Texas Department of 
Transportation employees on the benefits of organ, tissue, and eye 
donation and the procedures for individuals to be added to the 
statewide Internet-based registry of organ, tissue, and eye donors.  
The department shall implement the training program before the date 
that the statewide Internet-based registry is operational and shall 
conduct the training on an ongoing basis for new employees.

Added by Acts 1999, 76th Leg., ch. 1516, § 1, eff. Sept. 1, 1999.  
Renumbered from § 46.001 by Acts 2001, 77th Leg., ch. 1420, § 
21.001(73), eff. Sept. 1, 2001.  Renumbered and amended from 
V.T.C.A., Health and Safety Code § 49.001 by Acts 2005, 79th 
Leg., ch. 1186, § 4, eff. June 18, 2005.


	§ 49.003. EDUCATION FOR HEALTH CARE PROVIDERS AND 
ATTORNEYS.  (a) The department shall develop a program to educate 
health care providers and attorneys in this state regarding 
anatomical gifts.
	(b)  The department through the program shall encourage 
attorneys to provide organ donation information to clients seeking 
legal advice for end-of-life decisions.
	(c)  The department shall encourage medical schools and 
nursing schools in this state to include mandatory organ donation 
education in the schools' curriculums.
	(d)  The department shall encourage medical schools in this 
state to require a physician in a neurology or neurosurgery 
residency program to complete an advanced course in organ donation 
education.

Added by Acts 2003, 78th Leg., ch. 801, § 1, eff. Sept. 1, 2003.  
Renumbered from V.T.C.A., Health & Safety Code § 49.002 and 
amended by Acts 2005, 79th Leg., ch. 1186, § 4, eff. June 18, 
2005.