CHAPTER 671. DETERMINATION OF DEATH AND AUTOPSY REPORTS - Texas Statutes

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.