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.