| |
|
|
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 or a hospital maintained or operated by this state. |
|
|
Sec. 172.002. REMOVAL OF PLACENTA FROM HOSPITAL OR BIRTHING |
|
|
CENTER. (a) Except for the portion of a delivered placenta that is |
|
|
necessary for an examination described by Subsection (d), 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 placenta if: |
|
|
(1) the woman tests negative for infectious diseases |
|
|
as evidenced by the results of the diagnostic testing required by |
|
|
Section 81.090; 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, the danger of ingesting formalin, 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. |
|
|
(d) This section does not prohibit a pathological |
|
|
examination of the delivered placenta that is ordered by a |
|
|
physician or required by a policy of the hospital or birthing |
|
|
center. |
|
|
(e) This section does not authorize a woman or the woman's |
|
|
spouse to interfere with a pathological examination of the |
|
|
delivered placenta that is ordered by a physician or required by a |
|
|
policy of the hospital or birthing center. |
|
|
(f) A hospital or birthing center that allows a person to |
|
|
take possession of and remove from the facility a delivered |
|
|
placenta in compliance with this section is not required to dispose |
|
|
of the placenta as medical waste. |
|
|
(g) A hospital or birthing center that acts in accordance |
|
|
with this section is not liable for the act in a civil action, a |
|
|
criminal prosecution, or an administrative proceeding. |
|
|
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, 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. |
|
|
|
|
|
* * * * * |