Bill Text: TX SB1145 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the possession and removal of a placenta from a hospital or birthing center.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-17 - Referred to Health & Human Services [SB1145 Detail]
Download: Texas-2015-SB1145-Introduced.html
84R9861 LED-D | ||
By: Watson | S.B. No. 1145 |
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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. | ||
Sec. 172.002. REMOVAL OF PLACENTA FROM HOSPITAL OR BIRTHING | ||
CENTER. (a) 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 delivered placenta | ||
if: | ||
(1) the woman tests negative for infectious diseases | ||
specified in department rules; 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 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. | ||
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: | ||
(1) the Department of State Health Services shall | ||
prescribe the form and educational information as required under | ||
Chapter 172, Health and Safety Code, as added by this Act; and | ||
(2) 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. |