Untitled Texas Attorney General Opinion ( 1978 )


Menu:
  •                        The Attorney        General of Texas
    January 4, 1978
    JOHN L. HILL
    Attorney General
    Honorable John Wilson, Chairman      Opinion No. H-1109
    Committee on Health and Welfare
    House of Representatives             Re: Whether consent of
    Austin, Texas                        next-of-kin is required
    for the taking of cornea1
    tissue from a decedent
    Dear Chairman Wilson:                under H.B. 307.
    You have requested our opinion concerning the following
    question:
    k&y a medic&examiner    or justice of
    the peace permit the removal of cornea1
    t'issue 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, wh.ich
    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 cornea1 transplants, for
    research, or for other medical purposes
    and whose medical activities are directed
    by one licensed to practice medicine in
    Texas, for cornea1 tissue, the justice
    of the peace or the medical examiner
    may permit the taking of cornea1 tissue
    if:
    (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
    .,   ’.
    Honorable John Wilson        - Page 2      (U-1109)
    (2) no objection by a person listed
    in Section 2 of this Act is known by
    the justice of the peace or the medical
    examiner; and
    (3) the removal of cornea1 tissue
    will not interfere with the subsequent
    course of an investigation or autopsy,
    or alter the postmortem facial appear-
    ance.
    .   .   .   .
    Sec. 3. The justice of the peace, the
    medical examiner, and the eye bank official
    are not liable for damages in a civil action
    brought by a person listed in Section 2 of
    this Act who has not objected prior to the
    removal of the corneal:tissue on any theory
    of civil recovery based on a contention that
    the consent of plaintiff was required prior
    to the removal of cornea1 tissue as autho-
    rized by this Act.
    Acts 1977, 65th Leg., ch. 11, at 26-27. Section 2 of the Bill
    provides for objections by certain relatives.
    In light of the positive authorization-in section 1 and
    the protection from liability in section 3 it is abundantly
    clear that, so long as no objection has been made, consent of
    next-of-kin is not necessary for the removal  of cornea1 tissue
    from a decedent who died under circumstances requiring an
    inquest. See generally Love v. Aetna Casualty & Surety Co.,
    
    99 S.W.2d 646
    (Tex. Civ. App. -- Beaumont 1936), aff'd, 121
    S.W.Zd 986 (Tex. Comm'n App. 1938, opinion adopted).
    SUMMARY
    A medical examiner or justice of the
    peace may permit the removal of cornea1
    tissue by an eye bank official for a
    decedent who dies under circumstances
    requiring an inquest without the prior
    consent of the decedent's next-of-kin.
    p. 4544
    . .   “*
    Eionorable John Wilson   T Page 3   (ii-1109)
    .
    Very truly yours,
    APPROVED:
    DAVID M. KENDALL, First Assistant
    jst
    P. 4545
    

Document Info

Docket Number: H-1109

Judges: John Hill

Filed Date: 7/2/1978

Precedential Status: Precedential

Modified Date: 2/18/2017