Texas 2017 - 85th Regular

Texas Senate Bill SB406 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R4758 SCL-D
2	2	By: Hall S.B. No. 406
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certificates of birth resulting in stillbirth, fetal
8	8	death certificates, and the disposition of fetal remains; imposing
9	9	administrative penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 192.0022(a)(1), Health and Safety Code,
12	12	is amended to read as follows:
13	13	(1) "Stillbirth" means an [unintended,] intrauterine
14	14	fetal death occurring in this state regardless of the [after a]
15	15	gestational age of the unborn child at the time of death [of not
16	16	less than 20 completed weeks].
17	17	SECTION 2. Chapter 193, Health and Safety Code, is amended
18	18	by adding Section 193.0035 to read as follows:
19	19	Sec. 193.0035. CERTAIN HEALTH CARE FACILITIES REQUIRED TO
20	20	FILE FETAL DEATH CERTIFICATE. (a) A health care facility in this
21	21	state that provides health or medical care to a pregnant woman shall
22	22	file a fetal death certificate for each unborn child that dies
23	23	intrauterine or is delivered with no signs of life at the facility,
24	24	regardless of the gestational age of the unborn child at the time of
25	25	death.
26	26	(b) If abortion is the cause of death of an unborn child, the
27	27	fetal death certificate must state the method of abortion.
28	28	SECTION 3. Section 674.001(2), Health and Safety Code, is
29	29	amended to read as follows:
30	30	(2) "Fetal death certificate" means a death
31	31	certificate filed for any fetus [weighing 350 grams or more or, if
32	32	the weight is unknown, a fetus age 20 weeks or more as calculated
33	33	from the start date of the last normal menstrual period to the date
34	34	of delivery].
35	35	SECTION 4. Subtitle B, Title 8, Health and Safety Code, is
36	36	amended by adding Chapter 697 to read as follows:
37	37	CHAPTER 697. DISPOSITION OF FETAL REMAINS AND FILING OF FETAL DEATH
38	38	CERTIFICATE BY HEALTH CARE FACILITIES
39	39	Sec. 697.001. DEFINITIONS. In this chapter:
40	40	(1) "Cremation" means the irreversible process of
41	41	reducing remains to ashes or bone fragments through extreme heat
42	42	and evaporation.
43	43	(2) "Department" means the Department of State Health
44	44	Services.
45	45	(3) "Executive commissioner" means the executive
46	46	commissioner of the Health and Human Services Commission.
47	47	(4) "Fetal remains" means a deceased fetus, body parts
48	48	or organs of a deceased fetus, or other tissue from a pregnancy.
49	49	The term does not include the umbilical cord, placenta, gestational
50	50	sac, blood, or body fluids.
51	51	(5) "Incineration" means the process of burning
52	52	remains in an incinerator.
53	53	(6) "Interment" means the disposition of remains by
54	54	entombment, burial, or placement in a niche.
55	55	(7) "Steam disinfection" means the act of subjecting
56	56	remains to steam under pressure to disinfect the remains.
57	57	Sec. 697.002. DISPOSITION OF FETAL REMAINS. (a) A health
58	58	care facility in this state that provides health or medical care to
59	59	a pregnant woman and that is required to dispose of any fetal
60	60	remains related to that care shall dispose of the fetal remains,
61	61	regardless of the gestational age or weight of the deceased fetus,
62	62	by:
63	63	(1) interment;
64	64	(2) cremation;
65	65	(3) incineration followed by interment; or
66	66	(4) steam disinfection followed by interment.
67	67	(b) The executive commissioner shall adopt the rules
68	68	necessary to implement this section.
69	69	Sec. 697.003. FILING FETAL DEATH CERTIFICATE. A health care
70	70	facility in this state that provides medical care to a pregnant
71	71	woman shall file a fetal death certificate as required by Chapter
72	72	193 for each unborn child that dies intrauterine or is delivered
73	73	with no signs of life at the facility.
74	74	Sec. 697.004. SUSPENSION OR REVOCATION OF LICENSE. The
75	75	department may suspend or revoke the license of a health care
76	76	facility that violates this chapter or a rule adopted under this
77	77	chapter.
78	78	SECTION 5. As soon as practicable after the effective date
79	79	of this Act, the executive commissioner of the Health and Human
80	80	Services Commission shall adopt the rules necessary to implement
81	81	this Act.
82	82	SECTION 6. The changes in law made by this Act apply only to
83	83	a fetal death that occurs on or after the effective date of this
84	84	Act. A fetal death that occurs before the effective date of this
85	85	Act is governed by the law in effect immediately before the
86	86	effective date of this Act, and the former law is continued in
87	87	effect for that purpose.
88	88	SECTION 7. This Act takes effect September 1, 2017.