85R4758 SCL-D By: Swanson H.B. No. 2348 A BILL TO BE ENTITLED AN ACT relating to certificates of birth resulting in stillbirth, fetal death certificates, and the disposition of fetal remains; imposing administrative penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 192.0022(a)(1), Health and Safety Code, is amended to read as follows: (1) "Stillbirth" means an [unintended,] intrauterine fetal death occurring in this state regardless of the [after a] gestational age of the unborn child at the time of death [of not less than 20 completed weeks]. SECTION 2. Chapter 193, Health and Safety Code, is amended by adding Section 193.0035 to read as follows: Sec. 193.0035. CERTAIN HEALTH CARE FACILITIES REQUIRED TO FILE FETAL DEATH CERTIFICATE. (a) A health care facility in this state that provides health or medical care to a pregnant woman shall file a fetal death certificate for each unborn child that dies intrauterine or is delivered with no signs of life at the facility, regardless of the gestational age of the unborn child at the time of death. (b) If abortion is the cause of death of an unborn child, the fetal death certificate must state the method of abortion. SECTION 3. Section 674.001(2), Health and Safety Code, is amended to read as follows: (2) "Fetal death certificate" means a death certificate filed for any fetus [weighing 350 grams or more or, if the weight is unknown, a fetus age 20 weeks or more as calculated from the start date of the last normal menstrual period to the date of delivery]. SECTION 4. Subtitle B, Title 8, Health and Safety Code, is amended by adding Chapter 697 to read as follows: CHAPTER 697. DISPOSITION OF FETAL REMAINS AND FILING OF FETAL DEATH CERTIFICATE BY HEALTH CARE FACILITIES Sec. 697.001. DEFINITIONS. In this chapter: (1) "Cremation" means the irreversible process of reducing remains to ashes or bone fragments through extreme heat and evaporation. (2) "Department" means the Department of State Health Services. (3) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (4) "Fetal remains" means a deceased fetus, body parts or organs of a deceased fetus, or other tissue from a pregnancy. The term does not include the umbilical cord, placenta, gestational sac, blood, or body fluids. (5) "Incineration" means the process of burning remains in an incinerator. (6) "Interment" means the disposition of remains by entombment, burial, or placement in a niche. (7) "Steam disinfection" means the act of subjecting remains to steam under pressure to disinfect the remains. Sec. 697.002. DISPOSITION OF FETAL REMAINS. (a) A health care facility in this state that provides health or medical care to a pregnant woman and that is required to dispose of any fetal remains related to that care shall dispose of the fetal remains, regardless of the gestational age or weight of the deceased fetus, by: (1) interment; (2) cremation; (3) incineration followed by interment; or (4) steam disinfection followed by interment. (b) The executive commissioner shall adopt the rules necessary to implement this section. Sec. 697.003. FILING FETAL DEATH CERTIFICATE. A health care facility in this state that provides medical care to a pregnant woman shall file a fetal death certificate as required by Chapter 193 for each unborn child that dies intrauterine or is delivered with no signs of life at the facility. Sec. 697.004. SUSPENSION OR REVOCATION OF LICENSE. The department may suspend or revoke the license of a health care facility that violates this chapter or a rule adopted under this chapter. SECTION 5. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt the rules necessary to implement this Act. SECTION 6. The changes in law made by this Act apply only to a fetal death that occurs on or after the effective date of this Act. A fetal death that occurs before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose. SECTION 7. This Act takes effect September 1, 2017.