85R1126 SCL-F
 
  By: Cook H.B. No. 201
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.