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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 7. MENTAL HEALTH AND MENTAL RETARDATION |
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Subtitle E. SPECIAL PROVISIONS RELATING TO MENTAL ILLNESS AND MENTAL RETARDATION |
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Chapter 613. KIDNEY DONATION BY WARD WITH MENTAL RETARDATION |
Sec. 613.002. COURT ORDER AUTHORIZING KIDNEY DONATION
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A district court may authorize the donation of a kidney of a ward with mental retardation to a father, mother, son, daughter, brother, or sister of the ward if:
(1) the guardian of the ward with mental retardation consents to the donation;
(2) the ward is 12 years of age or older;
(3) the ward assents to the kidney transplant;
(4) the ward has two kidneys;
(5) without the transplant the donee will soon die or suffer severe and progressive deterioration, and with the transplant the donee will probably benefit substantially;
(6) there are no medically preferable alternatives to a kidney transplant for the donee;
(7) the risks of the operation and the long-term risks to the ward are minimal;
(8) the ward will not likely suffer psychological harm; and
(9) the transplant will promote the ward's best interests.