Bill Text: TX HB201 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to disposition of fetal remains by a health care facility; imposing penalties.
Sponsorship: Partisan Bill (Republican 22)
Status: (Introduced - Dead) 2017-03-08 - No action taken in committee [HB201 Detail]
Download: Texas-2017-HB201-Introduced.html
| 85R1126 SCL-F | ||
| By: Cook | H.B. No. 201 | |
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| relating to disposition of fetal remains by a health care facility; | ||
| imposing penalties. | ||
| 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 FETAL REMAINS | ||
| Sec. 697.001. 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) "Executive commissioner" means the executive | ||
| commissioner of the Health and Human Services Commission. | ||
| (4) "Fetal remains" means a fetus, body parts, organs, | ||
| or other tissue from a pregnancy. The term does not include the | ||
| umbilical cord, placenta, gestational sac, blood, or body fluids. | ||
| (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. 697.002. DISPOSITION OF FETAL REMAINS. (a) A health | ||
| care facility in this state that provides health or medical care to | ||
| a pregnant woman shall dispose of any fetal 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 executive commissioner shall adopt rules to | ||
| implement this section. | ||
| Sec. 697.003. SUSPENSION OR REVOCATION OF LICENSE. The | ||
| department may suspend or revoke the license of a health care | ||
| facility that violates Section 697.002 or a rule adopted under that | ||
| section. | ||
| Sec. 697.004. CIVIL PENALTY. (a) A health care facility | ||
| that violates Section 697.002 or a rule adopted under that section | ||
| is liable for a civil penalty in an amount of $1,000 for each | ||
| violation. | ||
| (b) The attorney general may sue to collect the penalty. | ||
| The attorney general may recover reasonable expenses incurred in | ||
| obtaining relief under this section, including court costs, | ||
| reasonable attorney's fees, investigation costs, witness fees, and | ||
| disposition expenses. | ||
| 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. The change in law made by this Act applies only | ||
| to the disposition of fetal remains that occurs on or after February | ||
| 1, 2018. The disposition of fetal 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. | ||
