Texas 2015 - 84th Regular

Texas House Bill HB1670 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Sheets, et al. (Senate Sponsor - Watson) H.B. No. 1670
2		-	(In the Senate - Received from the House May 14, 2015;
3		-	May 14, 2015, read first time and referred to Committee on Health
4		-	and Human Services; May 22, 2015, reported favorably by the
5		-	following vote: Yeas 9, Nays 0; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1670
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the possession and removal of a placenta from a hospital
12	6		or birthing center.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
15	9		amended by adding Chapter 172 to read as follows:
16	10		CHAPTER 172. REMOVAL OF PLACENTA FROM HOSPITAL OR BIRTHING CENTER
17	11		Sec. 172.001. DEFINITIONS. In this chapter:
18	12		(1) "Birthing center" means a facility licensed under
19	13		Chapter 244.
20	14		(2) "Hospital" means a facility licensed under Chapter
21	15		241 or a hospital maintained or operated by this state.
22	16		Sec. 172.002. REMOVAL OF PLACENTA FROM HOSPITAL OR BIRTHING
23	17		CENTER. (a) Except for the portion of a delivered placenta that is
24	18		necessary for an examination described by Subsection (d), a
25	19		hospital or birthing center without a court order shall allow a
26	20		woman who has given birth in the facility, or a spouse of the woman
27	21		if the woman is incapacitated or deceased, to take possession of and
28	22		remove from the facility the placenta if:
29	23		(1) the woman tests negative for infectious diseases
30	24		as evidenced by the results of the diagnostic testing required by
31	25		Section 81.090; and
32	26		(2) the person taking possession of the placenta signs
33	27		a form prescribed by the department acknowledging that:
34	28		(A) the person has received from the hospital or
35	29		birthing center educational information prescribed by the
36	30		department concerning the spread of blood-borne diseases from
37	31		placentas, the danger of ingesting formalin, and the proper
38	32		handling of placentas; and
39	33		(B) the placenta is for personal use.
40	34		(b) A person removing a placenta from a hospital or birthing
41	35		center under this section may only retain the placenta for personal
42	36		use and may not sell the placenta.
43	37		(c) A hospital or birthing center shall retain a signed form
44	38		received under Subsection (a) with the woman's medical records.
45	39		(d) This section does not prohibit a pathological
46	40		examination of the delivered placenta that is ordered by a
47	41		physician or required by a policy of the hospital or birthing
48	42		center.
49	43		(e) This section does not authorize a woman or the woman's
50	44		spouse to interfere with a pathological examination of the
51	45		delivered placenta that is ordered by a physician or required by a
52	46		policy of the hospital or birthing center.
53	47		(f) A hospital or birthing center that allows a person to
54	48		take possession of and remove from the facility a delivered
55	49		placenta in compliance with this section is not required to dispose
56	50		of the placenta as medical waste.
57	51		(g) A hospital or birthing center that acts in accordance
58	52		with this section is not liable for the act in a civil action, a
59	53		criminal prosecution, or an administrative proceeding.
60	54		Sec. 172.003. DEPARTMENT DUTIES. The department shall
61	55		develop the form and the educational information required under
62	56		Section 172.002 and post a copy of the form and information on the
63	57		department's Internet website.
64	58		SECTION 2. (a) Not later than December 1, 2015, the
65	59		executive commissioner of the Health and Human Services Commission
66	60		shall adopt the rules necessary to implement Chapter 172, Health
67	61		and Safety Code, as added by this Act.
68	62		(b) Notwithstanding Section 172.002, Health and Safety
69	63		Code, as added by this Act, a hospital or birthing facility is not
70	64		required to comply with that section until January 1, 2016.
71	65		SECTION 3. This Act takes effect immediately if it receives
72	66		a vote of two-thirds of all the members elected to each house, as
73	67		provided by Section 39, Article III, Texas Constitution. If this
74	68		Act does not receive the vote necessary for immediate effect, this
75	69		Act takes effect September 1, 2015.
76		-	* * * * *
	70	+	______________________________ ______________________________
	71	+	President of the Senate Speaker of the House
	72	+	I certify that H.B. No. 1670 was passed by the House on May
	73	+	13, 2015, by the following vote: Yeas 142, Nays 0, 2 present, not
	74	+	voting.
	75	+	______________________________
	76	+	Chief Clerk of the House
	77	+	I certify that H.B. No. 1670 was passed by the Senate on May
	78	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	79	+	______________________________
	80	+	Secretary of the Senate
	81	+	APPROVED: _____________________
	82	+	Date
	83	+	_____________________
	84	+	Governor