Texas Bill Relating to the Disposition of Embryonic and Fetal Tissue Remains (HB 35)

HB 35 would require a health-care facility that provides health or medical care to a pregnant patient to dispose of embryonic and fetal tissue remains related to that care, regardless of the gestational age or weight of the deceased fetus, by:

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

The bill provides that the ashes resulting from the cremation or incineration of embryonic and fetal tissue remains:

• may not be interred or scattered in any manner as authorized by law for human remains; and
• may not be placed in a landfill.

Burial or Cremation Registry

The bill would require the department to establish and maintain a registry of:

• participating funeral homes and cemeteries willing to provide free common burial or low-cost private burial; and
• private nonprofit organizations that register with the department to provide financial assistance for the costs associated with burial or cremation of the embryonic and fetal tissue remains.

The registry must be made available on request to a physician, health-care facility, or agent of a physician or health-care facility.

TRAP

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

A health-care facility that violates this provision would also be held liable for a civil penalty of $1,000 for each violation.

Related Legislation

Similar to HB 2348/SB 406.

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