Texas House Bill HB201

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

Relating to disposition of fetal remains by a health care facility; imposing penalties.

Impact

If enacted, this bill would amend the Health and Safety Code by adding Chapter 697, which lays out the new requirements for the disposition of fetal remains. It also provides enforcement mechanisms through the Department of State Health Services, enabling the department to suspend or revoke licenses of facilities that do not comply with the mandate. Additionally, facilities found in violation could face civil penalties of $1,000 per infraction, which could serve as a substantial financial deterrent against non-compliance.

Summary

House Bill 201 seeks to establish strict regulations surrounding the disposal of fetal remains by health care facilities in Texas. The bill specifies that any health care facility that provides care to a pregnant woman must dispose of fetal remains, irrespective of gestational period or fetal weight, through methods such as interment, cremation, incineration followed by interment, or steam disinfection followed by interment. The intent behind the legislation is to ensure a respectful and dignified approach to the handling of fetal remains, aligning with certain ethical considerations in healthcare practice.

Contention

There may be significant contention surrounding this bill, primarily from health care providers and advocacy groups that argue against the imposed regulations and penalties. Concerns are raised about the logistical burden on facilities to comply with the new rules, particularly regarding the costs and resources required to properly dispose of fetal remains. Furthermore, debates may focus on the potential impact of such regulations on patient care and the sensitivity of reproductive health issues. Overall, the bill appears designed to regulate a sensitive issue, with strong opinions likely on both sides regarding its necessity and implications.