Bill Text: TX HB1670 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the possession and removal of a placenta from a hospital or birthing center.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-17 - Effective immediately [HB1670 Detail]
Download: Texas-2015-HB1670-Enrolled.html
H.B. No. 1670 |
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relating to the possession and removal of a placenta from a hospital | ||
or birthing center. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 172 to read as follows: | ||
CHAPTER 172. REMOVAL OF PLACENTA FROM HOSPITAL OR BIRTHING CENTER | ||
Sec. 172.001. DEFINITIONS. In this chapter: | ||
(1) "Birthing center" means a facility licensed under | ||
Chapter 244. | ||
(2) "Hospital" means a facility licensed under Chapter | ||
241 or a hospital maintained or operated by this state. | ||
Sec. 172.002. REMOVAL OF PLACENTA FROM HOSPITAL OR BIRTHING | ||
CENTER. (a) Except for the portion of a delivered placenta that is | ||
necessary for an examination described by Subsection (d), a | ||
hospital or birthing center without a court order shall allow a | ||
woman who has given birth in the facility, or a spouse of the woman | ||
if the woman is incapacitated or deceased, to take possession of and | ||
remove from the facility the placenta if: | ||
(1) the woman tests negative for infectious diseases | ||
as evidenced by the results of the diagnostic testing required by | ||
Section 81.090; and | ||
(2) the person taking possession of the placenta signs | ||
a form prescribed by the department acknowledging that: | ||
(A) the person has received from the hospital or | ||
birthing center educational information prescribed by the | ||
department concerning the spread of blood-borne diseases from | ||
placentas, the danger of ingesting formalin, and the proper | ||
handling of placentas; and | ||
(B) the placenta is for personal use. | ||
(b) A person removing a placenta from a hospital or birthing | ||
center under this section may only retain the placenta for personal | ||
use and may not sell the placenta. | ||
(c) A hospital or birthing center shall retain a signed form | ||
received under Subsection (a) with the woman's medical records. | ||
(d) This section does not prohibit a pathological | ||
examination of the delivered placenta that is ordered by a | ||
physician or required by a policy of the hospital or birthing | ||
center. | ||
(e) This section does not authorize a woman or the woman's | ||
spouse to interfere with a pathological examination of the | ||
delivered placenta that is ordered by a physician or required by a | ||
policy of the hospital or birthing center. | ||
(f) A hospital or birthing center that allows a person to | ||
take possession of and remove from the facility a delivered | ||
placenta in compliance with this section is not required to dispose | ||
of the placenta as medical waste. | ||
(g) A hospital or birthing center that acts in accordance | ||
with this section is not liable for the act in a civil action, a | ||
criminal prosecution, or an administrative proceeding. | ||
Sec. 172.003. DEPARTMENT DUTIES. The department shall | ||
develop the form and the educational information required under | ||
Section 172.002 and post a copy of the form and information on the | ||
department's Internet website. | ||
SECTION 2. (a) Not later than December 1, 2015, the | ||
executive commissioner of the Health and Human Services Commission | ||
shall adopt the rules necessary to implement Chapter 172, Health | ||
and Safety Code, as added by this Act. | ||
(b) Notwithstanding Section 172.002, Health and Safety | ||
Code, as added by this Act, a hospital or birthing facility is not | ||
required to comply with that section until January 1, 2016. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1670 was passed by the House on May | ||
13, 2015, by the following vote: Yeas 142, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1670 was passed by the Senate on May | ||
26, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |