Texas Bill Regarding the Disposition of Fetal Remains (HB 201)

HB 201 require health-care facilities that provide health or medical care to pregnant patients to dispose of any fetal remains related to that care, regardless of the period of gestation or weight of the fetus by internment, cremation, incineration, or steam disinfection.

The department may suspend or revoke the license of a health-care facility that violates this provision. The facility may also face a civil penalty of $1,000 for each violation.

The bill would allow the attorney general to sue to collect any penalties.

STATUS

Texas regulations requiring disposal of fetal remains by burial or cremation that are similar to the statutory requirements in HB 201 were challenged and blocked in Whole Woman’s Health v. Hellerstedt (Whole Woman’s Health II).

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