State Codes and Statutes
Statutes > Texas > Health-and-safety-code > Title-8-death-and-disposition-of-the-body > Chapter-671-determination-of-death-and-autopsy-reports
HEALTH AND SAFETY CODE
TITLE 8. DEATH AND DISPOSITION OF THE BODY
SUBTITLE A. DEATH
CHAPTER 671. DETERMINATION OF DEATH AND AUTOPSY REPORTS
SUBCHAPTER A. DETERMINATION OF DEATH
Sec. 671.001. STANDARD USED IN DETERMINING DEATH. (a) A person
is dead when, according to ordinary standards of medical
practice, there is irreversible cessation of the person's
spontaneous respiratory and circulatory functions.
(b) If artificial means of support preclude a determination that
a person's spontaneous respiratory and circulatory functions have
ceased, the person is dead when, in the announced opinion of a
physician, according to ordinary standards of medical practice,
there is irreversible cessation of all spontaneous brain
function. Death occurs when the relevant functions cease.
(c) Death must be pronounced before artificial means of
supporting a person's respiratory and circulatory functions are
terminated.
(d) A registered nurse or physician assistant may determine and
pronounce a person dead in situations other than those described
by Subsection (b) if permitted by written policies of a licensed
health care facility, institution, or entity providing services
to that person. Those policies must include physician assistants
who are credentialed or otherwise permitted to practice at the
facility, institution, or entity. If the facility, institution,
or entity has an organized nursing staff and an organized medical
staff or medical consultant, the nursing staff and medical staff
or consultant shall jointly develop and approve those policies.
The board shall adopt rules to govern policies for facilities,
institutions, or entities that do not have organized nursing
staffs and organized medical staffs or medical consultants.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 201, Sec. 1, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 965, Sec. 8, eff. June 16, 1995.
Sec. 671.002. LIMITATION OF LIABILITY. (a) A physician who
determines death in accordance with Section 671.001(b) or a
registered nurse or physician assistant who determines death in
accordance with Section 671.001(d) is not liable for civil
damages or subject to criminal prosecution for the physician's,
registered nurse's, or physician assistant's actions or the
actions of others based on the determination of death.
(b) A person who acts in good faith in reliance on a
physician's, registered nurse's, or physician assistant's
determination of death is not liable for civil damages or subject
to criminal prosecution for the person's actions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 201, Sec. 2, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 965, Sec. 9, eff. June 16, 1995.
SUBCHAPTER B. AUTOPSY REPORTS
Sec. 671.011. DEFINITION. (a) In this subchapter, "autopsy
report" includes:
(1) the report of the postmortem examination of the body of a
person, including x-rays and photographs taken during the actual
postmortem examination; and
(2) the toxicology report, if any, and other reports that
involve an examination of the internal organs and structures of
the body after dissection.
(b) An autopsy report does not include investigative reports and
other documents that the physician performing the autopsy may
review to assist in determining the cause of death.
Added by Acts 1999, 76th Leg., ch. 607, Sec. 1, eff. Sept. 1,
1999.
Sec. 671.012. FILING AUTOPSY REPORT. A designated physician who
performs an autopsy provided for by state law shall file an
autopsy report with the office designated by the autopsy order
not later than the 30th day after the date of request for the
autopsy unless:
(1) a required test cannot be completed within that time; and
(2) the physician certifies when the autopsy report is filed
that a required test could not be completed within the 30-day
limit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from Health & Safety Code Sec. 671.011 by Acts
1999, 76th Leg., ch. 607, Sec. 1, eff. Sept. 1, 1999.
Sec. 671.013. RELEASE OF REPORTS; FEES. (a) An autopsy report
shall be released on request to an authorized person in
connection with the determination of the cause of death in
relation to a workers' compensation or insurance claim.
(b) A person who receives information under Subsection (a) may
disclose the information to others only to the extent consistent
with the authorized purposes for which the information was
obtained.
(c) The commissioners court of the county having custody of an
autopsy report shall establish a fee to be charged for a copy of
the autopsy report as follows:
(1) for written portions of the report, an amount reasonably
necessary to recover the cost of providing the copy, not to
exceed $25; and
(2) for x-rays and photographs, the actual cost of reproduction,
including the reasonable cost of overhead.
(d) Except as provided by Subsection (e), an autopsy report
released in connection with the determination of the cause of
death in relation to a workers' compensation claim under
Subsection (a) shall be released not later than the 15th business
day after the date the request is received from the authorized
person.
(e) If the report has not been filed as provided by Section
671.012, a representative of the office designated by the autopsy
order shall, not later than the 10th business day after the date
of the request, notify the requesting person that the report has
not been filed and of the date, to the best of the knowledge of
the representative, that the requesting person may anticipate
receiving the report.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from Health & Safety Code Sec. 671.012 and amended
by Acts 1999, 76th Leg., ch. 607, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1190, Sec. 2, eff. June 18, 2005.
State Codes and Statutes
Statutes > Texas > Health-and-safety-code > Title-8-death-and-disposition-of-the-body > Chapter-671-determination-of-death-and-autopsy-reports
HEALTH AND SAFETY CODE
TITLE 8. DEATH AND DISPOSITION OF THE BODY
SUBTITLE A. DEATH
CHAPTER 671. DETERMINATION OF DEATH AND AUTOPSY REPORTS
SUBCHAPTER A. DETERMINATION OF DEATH
Sec. 671.001. STANDARD USED IN DETERMINING DEATH. (a) A person
is dead when, according to ordinary standards of medical
practice, there is irreversible cessation of the person's
spontaneous respiratory and circulatory functions.
(b) If artificial means of support preclude a determination that
a person's spontaneous respiratory and circulatory functions have
ceased, the person is dead when, in the announced opinion of a
physician, according to ordinary standards of medical practice,
there is irreversible cessation of all spontaneous brain
function. Death occurs when the relevant functions cease.
(c) Death must be pronounced before artificial means of
supporting a person's respiratory and circulatory functions are
terminated.
(d) A registered nurse or physician assistant may determine and
pronounce a person dead in situations other than those described
by Subsection (b) if permitted by written policies of a licensed
health care facility, institution, or entity providing services
to that person. Those policies must include physician assistants
who are credentialed or otherwise permitted to practice at the
facility, institution, or entity. If the facility, institution,
or entity has an organized nursing staff and an organized medical
staff or medical consultant, the nursing staff and medical staff
or consultant shall jointly develop and approve those policies.
The board shall adopt rules to govern policies for facilities,
institutions, or entities that do not have organized nursing
staffs and organized medical staffs or medical consultants.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 201, Sec. 1, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 965, Sec. 8, eff. June 16, 1995.
Sec. 671.002. LIMITATION OF LIABILITY. (a) A physician who
determines death in accordance with Section 671.001(b) or a
registered nurse or physician assistant who determines death in
accordance with Section 671.001(d) is not liable for civil
damages or subject to criminal prosecution for the physician's,
registered nurse's, or physician assistant's actions or the
actions of others based on the determination of death.
(b) A person who acts in good faith in reliance on a
physician's, registered nurse's, or physician assistant's
determination of death is not liable for civil damages or subject
to criminal prosecution for the person's actions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 201, Sec. 2, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 965, Sec. 9, eff. June 16, 1995.
SUBCHAPTER B. AUTOPSY REPORTS
Sec. 671.011. DEFINITION. (a) In this subchapter, "autopsy
report" includes:
(1) the report of the postmortem examination of the body of a
person, including x-rays and photographs taken during the actual
postmortem examination; and
(2) the toxicology report, if any, and other reports that
involve an examination of the internal organs and structures of
the body after dissection.
(b) An autopsy report does not include investigative reports and
other documents that the physician performing the autopsy may
review to assist in determining the cause of death.
Added by Acts 1999, 76th Leg., ch. 607, Sec. 1, eff. Sept. 1,
1999.
Sec. 671.012. FILING AUTOPSY REPORT. A designated physician who
performs an autopsy provided for by state law shall file an
autopsy report with the office designated by the autopsy order
not later than the 30th day after the date of request for the
autopsy unless:
(1) a required test cannot be completed within that time; and
(2) the physician certifies when the autopsy report is filed
that a required test could not be completed within the 30-day
limit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from Health & Safety Code Sec. 671.011 by Acts
1999, 76th Leg., ch. 607, Sec. 1, eff. Sept. 1, 1999.
Sec. 671.013. RELEASE OF REPORTS; FEES. (a) An autopsy report
shall be released on request to an authorized person in
connection with the determination of the cause of death in
relation to a workers' compensation or insurance claim.
(b) A person who receives information under Subsection (a) may
disclose the information to others only to the extent consistent
with the authorized purposes for which the information was
obtained.
(c) The commissioners court of the county having custody of an
autopsy report shall establish a fee to be charged for a copy of
the autopsy report as follows:
(1) for written portions of the report, an amount reasonably
necessary to recover the cost of providing the copy, not to
exceed $25; and
(2) for x-rays and photographs, the actual cost of reproduction,
including the reasonable cost of overhead.
(d) Except as provided by Subsection (e), an autopsy report
released in connection with the determination of the cause of
death in relation to a workers' compensation claim under
Subsection (a) shall be released not later than the 15th business
day after the date the request is received from the authorized
person.
(e) If the report has not been filed as provided by Section
671.012, a representative of the office designated by the autopsy
order shall, not later than the 10th business day after the date
of the request, notify the requesting person that the report has
not been filed and of the date, to the best of the knowledge of
the representative, that the requesting person may anticipate
receiving the report.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from Health & Safety Code Sec. 671.012 and amended
by Acts 1999, 76th Leg., ch. 607, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1190, Sec. 2, eff. June 18, 2005.
State Codes and Statutes
Statutes >
Texas >
Health-and-safety-code >
Title-8-death-and-disposition-of-the-body >
Chapter-671-determination-of-death-and-autopsy-reports HEALTH AND SAFETY CODE
TITLE 8. DEATH AND DISPOSITION OF THE BODY
SUBTITLE A. DEATH
CHAPTER 671. DETERMINATION OF DEATH AND AUTOPSY REPORTS
SUBCHAPTER A. DETERMINATION OF DEATH
Sec. 671.001. STANDARD USED IN DETERMINING DEATH. (a) A person
is dead when, according to ordinary standards of medical
practice, there is irreversible cessation of the person's
spontaneous respiratory and circulatory functions.
(b) If artificial means of support preclude a determination that
a person's spontaneous respiratory and circulatory functions have
ceased, the person is dead when, in the announced opinion of a
physician, according to ordinary standards of medical practice,
there is irreversible cessation of all spontaneous brain
function. Death occurs when the relevant functions cease.
(c) Death must be pronounced before artificial means of
supporting a person's respiratory and circulatory functions are
terminated.
(d) A registered nurse or physician assistant may determine and
pronounce a person dead in situations other than those described
by Subsection (b) if permitted by written policies of a licensed
health care facility, institution, or entity providing services
to that person. Those policies must include physician assistants
who are credentialed or otherwise permitted to practice at the
facility, institution, or entity. If the facility, institution,
or entity has an organized nursing staff and an organized medical
staff or medical consultant, the nursing staff and medical staff
or consultant shall jointly develop and approve those policies.
The board shall adopt rules to govern policies for facilities,
institutions, or entities that do not have organized nursing
staffs and organized medical staffs or medical consultants.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 201, Sec. 1, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 965, Sec. 8, eff. June 16, 1995.
Sec. 671.002. LIMITATION OF LIABILITY. (a) A physician who
determines death in accordance with Section 671.001(b) or a
registered nurse or physician assistant who determines death in
accordance with Section 671.001(d) is not liable for civil
damages or subject to criminal prosecution for the physician's,
registered nurse's, or physician assistant's actions or the
actions of others based on the determination of death.
(b) A person who acts in good faith in reliance on a
physician's, registered nurse's, or physician assistant's
determination of death is not liable for civil damages or subject
to criminal prosecution for the person's actions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 201, Sec. 2, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 965, Sec. 9, eff. June 16, 1995.
SUBCHAPTER B. AUTOPSY REPORTS
Sec. 671.011. DEFINITION. (a) In this subchapter, "autopsy
report" includes:
(1) the report of the postmortem examination of the body of a
person, including x-rays and photographs taken during the actual
postmortem examination; and
(2) the toxicology report, if any, and other reports that
involve an examination of the internal organs and structures of
the body after dissection.
(b) An autopsy report does not include investigative reports and
other documents that the physician performing the autopsy may
review to assist in determining the cause of death.
Added by Acts 1999, 76th Leg., ch. 607, Sec. 1, eff. Sept. 1,
1999.
Sec. 671.012. FILING AUTOPSY REPORT. A designated physician who
performs an autopsy provided for by state law shall file an
autopsy report with the office designated by the autopsy order
not later than the 30th day after the date of request for the
autopsy unless:
(1) a required test cannot be completed within that time; and
(2) the physician certifies when the autopsy report is filed
that a required test could not be completed within the 30-day
limit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from Health & Safety Code Sec. 671.011 by Acts
1999, 76th Leg., ch. 607, Sec. 1, eff. Sept. 1, 1999.
Sec. 671.013. RELEASE OF REPORTS; FEES. (a) An autopsy report
shall be released on request to an authorized person in
connection with the determination of the cause of death in
relation to a workers' compensation or insurance claim.
(b) A person who receives information under Subsection (a) may
disclose the information to others only to the extent consistent
with the authorized purposes for which the information was
obtained.
(c) The commissioners court of the county having custody of an
autopsy report shall establish a fee to be charged for a copy of
the autopsy report as follows:
(1) for written portions of the report, an amount reasonably
necessary to recover the cost of providing the copy, not to
exceed $25; and
(2) for x-rays and photographs, the actual cost of reproduction,
including the reasonable cost of overhead.
(d) Except as provided by Subsection (e), an autopsy report
released in connection with the determination of the cause of
death in relation to a workers' compensation claim under
Subsection (a) shall be released not later than the 15th business
day after the date the request is received from the authorized
person.
(e) If the report has not been filed as provided by Section
671.012, a representative of the office designated by the autopsy
order shall, not later than the 10th business day after the date
of the request, notify the requesting person that the report has
not been filed and of the date, to the best of the knowledge of
the representative, that the requesting person may anticipate
receiving the report.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from Health & Safety Code Sec. 671.012 and amended
by Acts 1999, 76th Leg., ch. 607, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1190, Sec. 2, eff. June 18, 2005.
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