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A BILL TO BE ENTITLED
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AN ACT
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relating to disposition of fetal remains by a health care facility; |
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imposing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 8, Health and Safety Code, is |
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amended by adding Chapter 697 to read as follows: |
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CHAPTER 697. DISPOSITION OF FETAL REMAINS |
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Sec. 697.001. DEFINITIONS. In this chapter: |
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(1) "Cremation" means the irreversible process of |
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reducing remains to ashes or bone fragments through extreme heat |
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and evaporation. |
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(2) "Department" means the Department of State Health |
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Services. |
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(3) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(4) "Fetal remains" means a fetus, body parts, organs, |
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or other tissue from a pregnancy. The term does not include the |
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umbilical cord, placenta, gestational sac, blood, or body fluids. |
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(5) "Incineration" means the process of burning |
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remains in an incinerator. |
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(6) "Interment" means the disposition of remains by |
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entombment, burial, or placement in a niche. |
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(7) "Steam disinfection" means the act of subjecting |
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remains to steam under pressure to disinfect the remains. |
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Sec. 697.002. DISPOSITION OF FETAL REMAINS. (a) A health |
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care facility in this state that provides health or medical care to |
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a pregnant woman shall dispose of any fetal remains related to that |
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care, regardless of the period of gestation or weight of the fetus, |
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by: |
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(1) interment; |
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(2) cremation; |
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(3) incineration followed by interment; or |
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(4) steam disinfection followed by interment. |
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(b) The executive commissioner shall adopt rules to |
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implement this section. |
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Sec. 697.003. SUSPENSION OR REVOCATION OF LICENSE. The |
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department may suspend or revoke the license of a health care |
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facility that violates Section 697.002 or a rule adopted under that |
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section. |
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Sec. 697.004. CIVIL PENALTY. (a) A health care facility |
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that violates Section 697.002 or a rule adopted under that section |
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is liable for a civil penalty in an amount of $1,000 for each |
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violation. |
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(b) The attorney general may sue to collect the penalty. |
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The attorney general may recover reasonable expenses incurred in |
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obtaining relief under this section, including court costs, |
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reasonable attorney's fees, investigation costs, witness fees, and |
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disposition expenses. |
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SECTION 2. The executive commissioner of the Health and |
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Human Services Commission shall adopt rules to implement Chapter |
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697, Health and Safety Code, as added by this Act, not later than |
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January 1, 2018. |
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SECTION 3. The change in law made by this Act applies only |
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to the disposition of fetal remains that occurs on or after February |
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1, 2018. The disposition of fetal remains that occurs before |
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February 1, 2018, is governed by the law in effect immediately |
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before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |