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A BILL TO BE ENTITLED
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AN ACT
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relating to the possession and removal of a placenta from a hospital |
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or birthing center. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 172 to read as follows: |
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CHAPTER 172. REMOVAL OF PLACENTA FROM HOSPITAL OR BIRTHING CENTER |
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Sec. 172.001. DEFINITIONS. In this chapter: |
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(1) "Birthing center" means a facility licensed under |
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Chapter 244. |
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(2) "Hospital" means a facility licensed under Chapter |
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241 or a hospital maintained or operated by this state. |
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Sec. 172.002. REMOVAL OF PLACENTA FROM HOSPITAL OR BIRTHING |
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CENTER. (a) Except for the portion of a delivered placenta that is |
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necessary for an examination described by Subsection (d), a |
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hospital or birthing center without a court order shall allow a |
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woman who has given birth in the facility, or a spouse of the woman |
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if the woman is incapacitated or deceased, to take possession of and |
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remove from the facility the placenta if: |
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(1) the woman tests negative for infectious diseases |
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as evidenced by the results of the diagnostic testing required by |
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Section 81.090; and |
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(2) the person taking possession of the placenta signs |
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a form prescribed by the department acknowledging that: |
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(A) the person has received from the hospital or |
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birthing center educational information prescribed by the |
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department concerning the spread of blood-borne diseases from |
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placentas, the danger of ingesting formalin, and the proper |
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handling of placentas; and |
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(B) the placenta is for personal use. |
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(b) A person removing a placenta from a hospital or birthing |
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center under this section may only retain the placenta for personal |
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use and may not sell the placenta. |
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(c) A hospital or birthing center shall retain a signed form |
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received under Subsection (a) with the woman's medical records. |
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(d) This section does not prohibit a pathological |
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examination of the delivered placenta that is ordered by a |
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physician or required by a policy of the hospital or birthing |
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center. |
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(e) This section does not authorize a woman or the woman's |
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spouse to interfere with a pathological examination of the |
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delivered placenta that is ordered by a physician or required by a |
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policy of the hospital or birthing center. |
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(f) A hospital or birthing center that allows a person to |
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take possession of and remove from the facility a delivered |
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placenta in compliance with this section is not required to dispose |
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of the placenta as medical waste. |
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(g) A hospital or birthing center that acts in accordance |
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with this section is not liable for the act in a civil action, a |
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criminal prosecution, or an administrative proceeding. |
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Sec. 172.003. DEPARTMENT DUTIES. The department shall |
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develop the form and the educational information required under |
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Section 172.002 and post a copy of the form and information on the |
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department's Internet website. |
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SECTION 2. (a) Not later than December 1, 2015, the |
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executive commissioner of the Health and Human Services Commission |
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shall adopt the rules necessary to implement Chapter 172, Health |
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and Safety Code, as added by this Act. |
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(b) Notwithstanding Section 172.002, Health and Safety |
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Code, as added by this Act, a hospital or birthing facility is not |
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required to comply with that section until January 1, 2016. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |