88R3381 EAS-D     By: Goodwin H.B. No. 326       A BILL TO BE ENTITLED   AN ACT   relating to a health facility's removal of medical equipment from a   deceased individual's body before transfer to a funeral director;   authorizing an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 4, Health and Safety Code, is amended by   adding Subtitle H to read as follows:   SUBTITLE H.  POWERS AND DUTIES OF HEALTH FACILITIES   CHAPTER 331. GENERAL DUTIES OF HEALTH FACILITIES          Sec. 331.001.  REMOVAL OF MEDICAL EQUIPMENT FROM DECEASED   INDIVIDUAL; ADMINISTRATIVE PENALTY. (a) In this section:                (1)  "Commission" means the Health and Human Services   Commission.                (2)  "Funeral director" has the meaning assigned by   Section 651.001, Occupations Code.                (3)  "Health facility" means a facility licensed under   Subtitle B.                (4)  "Medical equipment" means an instrument,   apparatus, implement, machine, contrivance, or other article,   other than an implant, that is used in the treatment, monitoring, or   diagnosis of a patient, including:                      (A)  catheters;                      (B)  cannulae;                      (C)  defibrillator pads;                      (D)  drains;                      (E)  endotracheal tubes;                      (F)  feeding tubes; and                      (G)  intravascular lines.          (b)  If an individual dies in a health facility, the facility   shall remove all medical equipment from the deceased individual's   body before the body is transferred to a funeral director in   accordance with Section 651.401, Occupations Code.          (c)  The commission shall impose an administrative penalty   against a health facility that violates this section. The penalty   may not exceed $500 for each violation.          SECTION 2.  Section 331.001, Health and Safety Code, as   added by this Act, applies only to the body of an individual who   dies on or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2023.