85R4758 SCL-D
By: Swanson H.B. No. 2348
A BILL TO BE ENTITLED
AN ACT
relating to certificates of birth resulting in stillbirth, fetal
death certificates, and the disposition of fetal remains; imposing
administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 192.0022(a)(1), Health and Safety Code,
is amended to read as follows:
(1) "Stillbirth" means an [unintended,] intrauterine
fetal death occurring in this state regardless of the [after a]
gestational age of the unborn child at the time of death [of not
less than 20 completed weeks].
SECTION 2. Chapter 193, Health and Safety Code, is amended
by adding Section 193.0035 to read as follows:
Sec. 193.0035. CERTAIN HEALTH CARE FACILITIES REQUIRED TO
FILE FETAL DEATH CERTIFICATE. (a) A health care facility in this
state that provides health or medical care to a pregnant woman shall
file a fetal death certificate for each unborn child that dies
intrauterine or is delivered with no signs of life at the facility,
regardless of the gestational age of the unborn child at the time of
death.
(b) If abortion is the cause of death of an unborn child, the
fetal death certificate must state the method of abortion.
SECTION 3. Section 674.001(2), Health and Safety Code, is
amended to read as follows:
(2) "Fetal death certificate" means a death
certificate filed for any fetus [weighing 350 grams or more or, if
the weight is unknown, a fetus age 20 weeks or more as calculated
from the start date of the last normal menstrual period to the date
of delivery].
SECTION 4. Subtitle B, Title 8, Health and Safety Code, is
amended by adding Chapter 697 to read as follows:
CHAPTER 697. DISPOSITION OF FETAL REMAINS AND FILING OF FETAL DEATH
CERTIFICATE BY HEALTH CARE FACILITIES
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 deceased fetus, body parts
or organs of a deceased fetus, 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 and that is required to dispose of any fetal
remains related to that care shall dispose of the fetal remains,
regardless of the gestational age or weight of the deceased fetus,
by:
(1) interment;
(2) cremation;
(3) incineration followed by interment; or
(4) steam disinfection followed by interment.
(b) The executive commissioner shall adopt the rules
necessary to implement this section.
Sec. 697.003. FILING FETAL DEATH CERTIFICATE. A health care
facility in this state that provides medical care to a pregnant
woman shall file a fetal death certificate as required by Chapter
193 for each unborn child that dies intrauterine or is delivered
with no signs of life at the facility.
Sec. 697.004. SUSPENSION OR REVOCATION OF LICENSE. The
department may suspend or revoke the license of a health care
facility that violates this chapter or a rule adopted under this
chapter.
SECTION 5. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt the rules necessary to implement
this Act.
SECTION 6. The changes in law made by this Act apply only to
a fetal death that occurs on or after the effective date of this
Act. A fetal death that occurs before the effective date of this
Act 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 7. This Act takes effect September 1, 2017.