Sec. 697.004. DISPOSITION OF EMBRYONIC AND FETAL TISSUE REMAINS. (a) Subject to Section 241.010, a health care facility in this state that provides health or medical care to a pregnant woman shall dispose of embryonic and fetal tissue remains that are passed or delivered at the facility by:
(1) interment;
(2) cremation;
(3) incineration followed by interment; or
(4) steam disinfection followed by interment.
(b) The ashes resulting from the cremation or incineration of embryonic and fetal tissue remains:
(1) may be interred or scattered in any manner as authorized by law for human remains; and
(2) may not be placed in a landfill.
(c) A health care facility responsible for disposing of embryonic and fetal tissue remains may coordinate with an entity in the registry established under Section 697.005 in an effort to offset the cost associated with burial or cremation of the embryonic and fetal tissue remains of an unborn child.
(d) Notwithstanding any other law, the umbilical cord, placenta, gestational sac, blood, or body fluids from a pregnancy terminating in the death of the embryo or fetus for which the issuance of a fetal death certificate is not required by state law may be disposed of in the same manner as and with the embryonic and fetal tissue remains from that same pregnancy as authorized by this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 13, eff. September 1, 2017.
Structure Texas Statutes
Title 8 - Death and Disposition of the Body
Subtitle B - Disposition of the Body
Chapter 697 - Disposition of Embryonic and Fetal Tissue Remains
Section 697.003. Applicability of Other Law
Section 697.004. Disposition of Embryonic and Fetal Tissue Remains
Section 697.005. Burial or Cremation Assistance Registry
Section 697.006. Ethical Fetal Remains Grant Program
Section 697.007. Suspension or Revocation of License