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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. |
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Sec. 172.002. REMOVAL OF PLACENTA FROM HOSPITAL OR BIRTHING |
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CENTER. (a) A hospital or birthing center without a court order |
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shall allow a woman who has given birth in the facility, or a spouse |
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of the woman if the woman is incapacitated or deceased, to take |
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possession of and remove from the facility the delivered placenta |
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if: |
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(1) the woman tests negative for infectious diseases |
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specified in department rules; 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 and the proper 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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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: |
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(1) the Department of State Health Services shall |
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prescribe the form and educational information as required under |
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Chapter 172, Health and Safety Code, as added by this Act; and |
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(2) the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules necessary to implement |
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Chapter 172, Health 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. |