Texas House Bill HB326

Texas 2023 - 88th Regular

• Filed: 11/14/22

Caption

Relating to a health facility's removal of medical equipment from a deceased individual's body before transfer to a funeral director; authorizing an administrative penalty.

Impact

The implementation of HB 326 signifies an important change in regulations governing health facilities in Texas. The law adds a new section to the Health and Safety Code, thus establishing clear expectations and responsibilities for handling deceased individuals. This legislative action aims to streamline the process for funeral directors and ensure the dignity of the deceased is maintained. It also reinforces the professional accountability of health facilities in retaining high standards of care throughout the post-mortem process. The bill is expected to positively impact the operations of funeral directors by clarifying what they should expect from health facilities during transfers.

Summary

House Bill 326 focuses on the procedural requirements for health facilities regarding the removal of medical equipment from deceased individuals before their bodies are transferred to funeral directors. Specifically, the bill mandates that health facilities remove all medical equipment from a deceased individual’s body prior to the transfer, which includes various instruments used for treatment or monitoring. Failure to comply with this requirement can lead to administrative penalties imposed by the Texas Health and Human Services Commission, with penalties reaching up to $500 for each violation. The legislation aims to ensure that there are no unnecessary medical artifacts present when a deceased individual is handed over to a funeral service, potentially addressing both ethical and practical concerns in post-mortem care.

Sentiment

The sentiment surrounding HB 326 has generally been supportive, as it brings necessary clarity to an area often fraught with ethical complexities. Stakeholders in the funeral industry and health care fields have expressed a sense of relief at the establishment of a standardized procedure, which may enhance the collaboration between hospitals and funeral services. However, there could be ongoing discussions about the practicality of enforcement and whether the penalties outlined in the bill are sufficient to ensure compliance across all health facilities, raising some concerns about the extent of administrative burden this might impose.

Contention

Though the passage of HB 326 has largely been seen as a step forward for medical and funeral care standards, there are some points of contention that could arise among stakeholders. Arguments may surface regarding the appropriateness of the proposed administrative penalties, with some advocating for a more substantial disincentive for non-compliance. Additionally, discussions might emerge about the specifics of the removal process and whether there should be exceptions or additional guidelines concerning certain types of medical equipment that may be crucial during the transition of care from health facilities to funeral homes.

Texas Constitutional Statutes Affected

Occupations Code

• Chapter 651. Crematory Services, Funeral Directing, And Embalming
  • Section: 401