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A BILL TO BE ENTITLED
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AN ACT
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relating to certificates of birth resulting in stillbirth, fetal |
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death certificates, and the disposition of fetal remains; imposing |
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administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 192.0022(a)(1), Health and Safety Code, |
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is amended to read as follows: |
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(1) "Stillbirth" means an [unintended,] intrauterine |
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fetal death occurring in this state regardless of the [after a] |
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gestational age of the unborn child at the time of death [of not
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less than 20 completed weeks]. |
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SECTION 2. Chapter 193, Health and Safety Code, is amended |
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by adding Section 193.0035 to read as follows: |
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Sec. 193.0035. CERTAIN HEALTH CARE FACILITIES REQUIRED TO |
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FILE FETAL DEATH CERTIFICATE. (a) A health care facility in this |
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state that provides health or medical care to a pregnant woman shall |
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file a fetal death certificate for each unborn child that dies |
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intrauterine or is delivered with no signs of life at the facility, |
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regardless of the gestational age of the unborn child at the time of |
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death. |
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(b) If abortion is the cause of death of an unborn child, the |
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fetal death certificate must state the method of abortion. |
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SECTION 3. Section 674.001(2), Health and Safety Code, is |
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amended to read as follows: |
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(2) "Fetal death certificate" means a death |
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certificate filed for any fetus [weighing 350 grams or more or, if
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the weight is unknown, a fetus age 20 weeks or more as calculated
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from the start date of the last normal menstrual period to the date
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of delivery]. |
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SECTION 4. 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 AND FILING OF FETAL DEATH |
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CERTIFICATE BY HEALTH CARE FACILITIES |
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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 deceased fetus, body parts |
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or organs of a deceased fetus, or other tissue from a pregnancy. |
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The term does not include the umbilical cord, placenta, gestational |
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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 and that is required to dispose of any fetal |
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remains related to that care shall dispose of the fetal remains, |
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regardless of the gestational age or weight of the deceased 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 the rules |
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necessary to implement this section. |
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Sec. 697.003. FILING FETAL DEATH CERTIFICATE. A health care |
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facility in this state that provides medical care to a pregnant |
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woman shall file a fetal death certificate as required by Chapter |
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193 for each unborn child that dies intrauterine or is delivered |
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with no signs of life at the facility. |
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Sec. 697.004. 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 this chapter or a rule adopted under this |
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chapter. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, 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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this Act. |
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SECTION 6. The changes in law made by this Act apply only to |
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a fetal death that occurs on or after the effective date of this |
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Act. A fetal death that occurs before the effective date of this |
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Act is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2017. |