Texas House Bill HB35

Texas 2017 - 85th Regular

Caption

Relating to the disposition of embryonic and fetal tissue remains; imposing a civil penalty.

Impact

If enacted, this bill would significantly impact health care facilities that provide services related to pregnancy and childbirth. Facilities would be required to comply with strict guidelines for the disposal of embryonic and fetal remains or face civil penalties. A lack of adherence could lead to suspension or revocation of licenses, making it crucial for facilities to remain informed about the new regulations. Additionally, the bill creates a registry to assist facilities in connecting with entities that can help offset the costs associated with burial or cremation, thereby aiming to ease the financial burden on healthcare providers.

Summary

House Bill 35 aims to regulate the disposal of embryonic and fetal tissue remains in Texas. The bill establishes a new chapter in the Health and Safety Code that mandates how health care facilities must handle such remains, emphasizing the need for dignified treatment. Key provisions include requirements for the remains to be disposed of through interment, cremation, incineration followed by interment, or steam disinfection followed by interment. The legislation seeks to ensure that these remains are not treated as pathological waste and specifies that ashes resulting from cremation must be treated according to laws governing human remains rather than being disposed of in landfills.

Contention

The bill is likely to elicit varying opinions among stakeholders. Proponents of the legislation may argue that it reflects a broader societal respect for life by ensuring that fetal remains are treated with dignity. However, critics could contend that the bill is an unnecessary regulation that could complicate and impose further burdens on health care facilities already dealing with sensitive situations. There may also be concerns that this law could lead to stigmatization of medical procedures related to fetal loss and impact how healthcare providers discuss and handle these sensitive topics.