Bill Text: TX HB37 | 2025-2026 | 89th Legislature | Enrolled

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Bill Title: Relating to perinatal bereavement care provided by certain hospitals, a perinatal bereavement care initiative, and a perinatal bereavement care hospital recognition program.

Sponsorship: Bipartisan Bill

Status: (Passed) 2025-05-28 - Effective on 9/1/25 [HB37 Detail]

Download: Texas-2025-HB37-Enrolled.html

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H.B. No. 37

AN ACT
relating to perinatal bereavement care provided by certain
hospitals, a perinatal bereavement care initiative, and a perinatal
bereavement care hospital recognition program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as Everly's Law in honor of
Everly Grace Talman, whose story inspired this legislation.
SECTION 2. Subtitle G, Title 4, Health and Safety Code, is
amended by adding Chapter 328 to read as follows:
CHAPTER 328. PERINATAL BEREAVEMENT CARE SERVICES
Sec. 328.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of State Health
Services.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(3) "Hospital" means a hospital licensed under Chapter
241 or a teaching hospital, as defined by Section 58A.001,
Education Code.
(4) "Initiative" means the perinatal bereavement care
initiative established under Section 328.003.
(5) "Perinatal bereavement care" means the provision
of supportive care for a prenatal diagnosis of a life-limiting
fetal condition.
(6) "Perinatal bereavement device" means a device with
technology capable of delaying for bereavement purposes the
deterioration of human tissue for up to 72 hours following an
intrauterine fetal demise, neonatal death, or stillbirth.
(7) "Recognition program" means the hospital
recognition program established under Section 328.004.
Sec. 328.002. PERINATAL BEREAVEMENT CARE SERVICES REQUIRED
IN CERTAIN HOSPITALS. A hospital assigned a maternal level of care
designation under Section 241.182 shall, following an intrauterine
fetal demise, neonatal death, or stillbirth, make available to the
expectant parents and family members for a period equal to the
length of stay recommended by a medical professional for a birth:
(1) perinatal bereavement care counseling options;
and
(2) any available perinatal bereavement device.
Sec. 328.003. PERINATAL BEREAVEMENT CARE INITIATIVE. (a)
The department shall establish and administer a perinatal
bereavement care initiative to improve access to and quality of
perinatal bereavement care in this state.
(b) Under the initiative, the department may provide to
hospitals assigned a maternal level of care designation under
Section 241.182 the following resources for the hospital's
provision of perinatal bereavement care:
(1) for hospital personnel who provide maternal care,
training on interacting with parents and family members in a
considerate and respectful manner following an intrauterine fetal
demise, neonatal death, or stillbirth;
(2) a perinatal bereavement device, including:
(A) training for personnel on the use of the
device; and
(B) support to maintain the device; and
(3) any other resources necessary for providing
perinatal bereavement care.
(c) In providing resources to hospitals under the
initiative, the department shall prioritize hospitals that:
(1) lack access to a perinatal bereavement device;
(2) treat a greater number of high-risk maternal
patients; and
(3) deliver a greater number of babies.
(d) The department, as appropriate and using money
appropriated or otherwise available for that purpose, may award
grants under the initiative to hospitals assigned a maternal level
of care designation under Section 241.182 to increase access to
perinatal bereavement care resources.
(e) The department may accept gifts, grants, and donations
from any source for the purposes of the initiative.
Sec. 328.004. HOSPITAL RECOGNITION PROGRAM. The executive
commissioner, in collaboration with the Perinatal Advisory Council
established under Section 241.187, shall:
(1) develop and implement a program to recognize
hospitals assigned a maternal level of care designation under
Section 241.182 that provide perinatal bereavement care training to
hospital personnel; and
(2) adopt criteria for awarding recognition to a
hospital under the recognition program.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission may adopt the rules necessary to implement
Chapter 328, Health and Safety Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2025.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 37 was passed by the House on April
24, 2025, by the following vote: Yeas 143, Nays 2, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 37 was passed by the Senate on May 14,
2025, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor