1978 Texas Attorney General Reports and Opinions 4543 (1978)

handle is hein.sag/sagtx0009 and id is 1 raw text is: The Attorney General of Texas
January 4, 1978

,ttorney General
upreme Court Building
3.0. Box 12548
ustin, TX. 78711
01 Commerce, Suite 200
alias, TX. 75202
14 Alberta Ave., Suite 160
I Paso, TX. 79905
23 Main, Suite 610
iouston, TX. 77002
J   8-0701
06 Broadway, Suite 312
13 N. Tenth, Suite F
IcAilen, TX 78501
)0 Main Plaza, Suite 400
an Antonio, TX. 78205
n Equal Opportunity
ffirmative Action Employer

Honorable John Wilson, Chairman
Committee on Health and Welfare
House of Representatives
Austin, Texas
Dear Chairman Wilson:

Opinion No. H-1109
Re: Whether consent of
next-of-kin is required
for the taking of corneal
tissue from a decedent
under H.B. 307.

You have requested our opinion concerning the following
May a medical examiner or justice of
the peace permit the removal of corneal
tissue by an eye bank official from a
decedent who dies under circumstances
requiring an inquest without the prior
consent of the decedent's next-of-kin?
You have referred us to article 4590-4, V.T.C.S.,
enacted as House Bill 307 of the 65th Legislature, which
provides in part:
Section 1. On a request from an autho-
rized official of a nonprofit corporation
chartered under the laws of Texas, to
obtain, store, and distribute donor eyes
to be used by those licensed to practice
medicine for corneal transplants, for
research, or for other medical purposes
and whose medical activities are directed
by one licensed to practice medicine in
Texas, for corneal tissue, the justice
of the peace or the medical examiner
may permit the taking of corneal tissue
(1) the decedent from whom the tissue
is to be taken died under circumstances
requiring an inquest by the justice of
the peace or the medical examiner;

p. 4543

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