85R13202 SCL-F
By: Cook H.B. No. 35
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of embryonic and fetal tissue remains;
imposing a civil penalty.
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 EMBRYONIC AND FETAL TISSUE REMAINS
Sec. 697.001. PURPOSE. The purpose of this chapter is to
express the state's profound respect for the life of the unborn by
providing for a dignified final disposition of embryonic and fetal
tissue remains.
Sec. 697.002. 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) "Embryonic and fetal tissue remains" means an
embryo, a fetus, body parts, or organs from a pregnancy for which
the issuance of a fetal death certificate is not required by law.
The term does not include the umbilical cord, placenta, gestational
sac, blood, or body fluids.
(4) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(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. 697.003. APPLICABILITY OF OTHER LAW. Embryonic and
fetal tissue remains are not pathological waste. Unless otherwise
provided by this chapter, Chapters 711 and 716 of this code and
Chapter 651, Occupations Code, do not apply to the disposition of
embryonic and fetal tissue remains.
Sec. 697.004. DISPOSITION OF EMBRYONIC AND FETAL TISSUE
REMAINS. (a) A health care facility in this state that provides
health or medical care to a pregnant woman shall dispose of
embryonic and fetal tissue 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 ashes resulting from the cremation or incineration
of embryonic and fetal tissue remains:
(1) may be interred or scattered in any manner as
authorized by law for human remains; and
(2) may not be placed in a landfill.
(c) A health care facility responsible for disposing of
embryonic and fetal tissue remains may coordinate with an entity in
the registry established under Section 697.005 in an effort to
offset the cost associated with burial or cremation of the
embryonic and fetal tissue remains of an unborn child.
Sec. 697.005. BURIAL OR CREMATION ASSISTANCE REGISTRY. The
department shall:
(1) establish and maintain a registry of:
(A) participating funeral homes and cemeteries
willing to provide free common burial or low-cost private burial;
and
(B) private nonprofit organizations that
register with the department to provide financial assistance for
the costs associated with burial or cremation of the embryonic and
fetal tissue remains of an unborn child; and
(2) make the registry information available on request
to a physician, health care facility, or agent of a physician or
health care facility.
Sec. 697.006. SUSPENSION OR REVOCATION OF LICENSE. The
department may suspend or revoke the license of a health care
facility that violates Section 697.004 or a rule adopted under this
chapter.
Sec. 697.007. CIVIL PENALTY. (a) A health care facility
that violates Section 697.004 or a rule adopted under this chapter
is liable for a civil penalty in an amount of $1,000 for each
violation.
(b) The attorney general may sue to collect the civil
penalty. The attorney general may recover reasonable expenses
incurred in collecting the civil penalty, including court costs,
reasonable attorney's fees, investigation costs, witness fees, and
disposition expenses.
Sec. 697.008. RULES. The executive commissioner shall
adopt rules to implement this chapter.
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. Chapter 697, Health and Safety Code, as added by
this Act, applies only to the disposition of embryonic and fetal
tissue remains that occurs on or after February 1, 2018. The
disposition of embryonic and fetal tissue 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.