Bill Text: TX HB35 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the disposition of embryonic and fetal tissue remains; imposing a civil penalty.
Spectrum: Partisan Bill (Republican 40-0)
Status: (Introduced - Dead) 2017-04-17 - Reported favorably as substituted [HB35 Detail]
Download: Texas-2017-HB35-Introduced.html
85R13202 SCL-F | ||
By: Cook | H.B. No. 35 |
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relating to the disposition of embryonic and fetal tissue remains; | ||
imposing a civil penalty. | ||
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 EMBRYONIC AND FETAL TISSUE REMAINS | ||
Sec. 697.001. PURPOSE. The purpose of this chapter is to | ||
express the state's profound respect for the life of the unborn by | ||
providing for a dignified final disposition of embryonic and fetal | ||
tissue remains. | ||
Sec. 697.002. 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) "Embryonic and fetal tissue remains" means an | ||
embryo, a fetus, body parts, or organs from a pregnancy for which | ||
the issuance of a fetal death certificate is not required by law. | ||
The term does not include the umbilical cord, placenta, gestational | ||
sac, blood, or body fluids. | ||
(4) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(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. 697.003. APPLICABILITY OF OTHER LAW. Embryonic and | ||
fetal tissue remains are not pathological waste. Unless otherwise | ||
provided by this chapter, Chapters 711 and 716 of this code and | ||
Chapter 651, Occupations Code, do not apply to the disposition of | ||
embryonic and fetal tissue remains. | ||
Sec. 697.004. DISPOSITION OF EMBRYONIC AND FETAL TISSUE | ||
REMAINS. (a) A health care facility in this state that provides | ||
health or medical care to a pregnant woman shall dispose of | ||
embryonic and fetal tissue 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 ashes resulting from the cremation or incineration | ||
of embryonic and fetal tissue remains: | ||
(1) may be interred or scattered in any manner as | ||
authorized by law for human remains; and | ||
(2) may not be placed in a landfill. | ||
(c) A health care facility responsible for disposing of | ||
embryonic and fetal tissue remains may coordinate with an entity in | ||
the registry established under Section 697.005 in an effort to | ||
offset the cost associated with burial or cremation of the | ||
embryonic and fetal tissue remains of an unborn child. | ||
Sec. 697.005. BURIAL OR CREMATION ASSISTANCE REGISTRY. The | ||
department shall: | ||
(1) establish and maintain a registry of: | ||
(A) participating funeral homes and cemeteries | ||
willing to provide free common burial or low-cost private burial; | ||
and | ||
(B) private nonprofit organizations that | ||
register with the department to provide financial assistance for | ||
the costs associated with burial or cremation of the embryonic and | ||
fetal tissue remains of an unborn child; and | ||
(2) make the registry information available on request | ||
to a physician, health care facility, or agent of a physician or | ||
health care facility. | ||
Sec. 697.006. SUSPENSION OR REVOCATION OF LICENSE. The | ||
department may suspend or revoke the license of a health care | ||
facility that violates Section 697.004 or a rule adopted under this | ||
chapter. | ||
Sec. 697.007. CIVIL PENALTY. (a) A health care facility | ||
that violates Section 697.004 or a rule adopted under this chapter | ||
is liable for a civil penalty in an amount of $1,000 for each | ||
violation. | ||
(b) The attorney general may sue to collect the civil | ||
penalty. The attorney general may recover reasonable expenses | ||
incurred in collecting the civil penalty, including court costs, | ||
reasonable attorney's fees, investigation costs, witness fees, and | ||
disposition expenses. | ||
Sec. 697.008. RULES. The executive commissioner shall | ||
adopt rules to implement this chapter. | ||
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. Chapter 697, Health and Safety Code, as added by | ||
this Act, applies only to the disposition of embryonic and fetal | ||
tissue remains that occurs on or after February 1, 2018. The | ||
disposition of embryonic and fetal tissue 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. |