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  84R9861 LED-D
 
  By: Sheets H.B. No. 1670
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.