85R1126 SCL-F
By: Cook H.B. No. 201
A BILL TO BE ENTITLED
AN ACT
relating to disposition of fetal remains by a health care facility;
imposing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 8, Health and Safety Code, is
amended by adding Chapter 697 to read as follows:
CHAPTER 697. DISPOSITION OF FETAL REMAINS
Sec. 697.001. DEFINITIONS. In this chapter:
(1) "Cremation" means the irreversible process of
reducing remains to ashes or bone fragments through extreme heat
and evaporation.
(2) "Department" means the Department of State Health
Services.
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(4) "Fetal remains" means a fetus, body parts, organs,
or other tissue from a pregnancy. The term does not include the
umbilical cord, placenta, gestational sac, blood, or body fluids.
(5) "Incineration" means the process of burning
remains in an incinerator.
(6) "Interment" means the disposition of remains by
entombment, burial, or placement in a niche.
(7) "Steam disinfection" means the act of subjecting
remains to steam under pressure to disinfect the remains.
Sec. 697.002. DISPOSITION OF FETAL REMAINS. (a) A health
care facility in this state that provides health or medical care to
a pregnant woman shall dispose of any fetal remains related to that
care, regardless of the period of gestation or weight of the fetus,
by:
(1) interment;
(2) cremation;
(3) incineration followed by interment; or
(4) steam disinfection followed by interment.
(b) The executive commissioner shall adopt rules to
implement this section.
Sec. 697.003. SUSPENSION OR REVOCATION OF LICENSE. The
department may suspend or revoke the license of a health care
facility that violates Section 697.002 or a rule adopted under that
section.
Sec. 697.004. CIVIL PENALTY. (a) A health care facility
that violates Section 697.002 or a rule adopted under that section
is liable for a civil penalty in an amount of $1,000 for each
violation.
(b) The attorney general may sue to collect the penalty.
The attorney general may recover reasonable expenses incurred in
obtaining relief under this section, including court costs,
reasonable attorney's fees, investigation costs, witness fees, and
disposition expenses.
SECTION 2. The executive commissioner of the Health and
Human Services Commission shall adopt rules to implement Chapter
697, Health and Safety Code, as added by this Act, not later than
January 1, 2018.
SECTION 3. The change in law made by this Act applies only
to the disposition of fetal remains that occurs on or after February
1, 2018. The disposition of fetal remains that occurs before
February 1, 2018, is governed by the law in effect immediately
before the effective date of this Act, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.