Texas Bill Regarding Fetal Remains (SB 406)

SB 406 would amend current law regarding certificates of birth resulting in stillbirth, fetal death certificates, and the disposition of fetal remains.

Stillbirth

The bill would amend the definition of stillbirth under Texas law to mean “an intrauterine fetal death occurring in this state regardless of the gestational age of the unborn child at the time of death.”

Fetal Death Certificates

The bill would require health-care facilities that provide health or medical care to a pregnant patient to 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 fetus at the time of death.

In the case of abortion, the fetal death certificate would need to include the method of abortion.

Disposition of Fetal Remains

The bill would require a health-care facility that provides health or medical care to a pregnant patient and that is required to dispose of any fetal remains related to that care to dispose of the fetal remains, regardless of the gestational age or weight of the deceased fetus, by:

• interment;
• cremation;
• incineration followed by internment; or
• steam disinfection followed by internment.

TRAP

Under this law, the department may suspend or revoke the license of a health-care facility that violates this any provision.

Related Legislation

Companion bill to HB 2348.

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