HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE H. PUBLIC HEALTH PROVISIONS

CHAPTER 172. REMOVAL OF PLACENTA FROM HOSPITAL OR BIRTHING CENTER

Sec. 172.001.  DEFINITIONS.  In this chapter:
(1)  "Birthing center" means a facility licensed under Chapter 244. 
(2)  "Hospital" means a facility licensed under Chapter 241 or a hospital maintained or operated by this state.
Added by Acts 2015, 84th Leg., R.S., Ch. 740 (H.B. 1670), Sec. 1, eff. June 17, 2015.

Sec. 172.002.  REMOVAL OF PLACENTA FROM HOSPITAL OR BIRTHING CENTER.  (a) Except for the portion of a delivered placenta that is necessary for an examination described by Subsection (d), a hospital or birthing center without a court order shall allow a woman who has given birth in the facility, or a spouse of the woman if the woman is incapacitated or deceased, to take possession of and remove from the facility the placenta if:
(1)  the woman tests negative for infectious diseases as evidenced by the results of the diagnostic testing required by Section 81.090; and
(2)  the person taking possession of the placenta signs a form prescribed by the department acknowledging that:
(A)  the person has received from the hospital or birthing center educational information prescribed by the department concerning the spread of blood-borne diseases from placentas, the danger of ingesting formalin, and the proper handling of placentas; and 
(B)  the placenta is for personal use.
(b)  A person removing a placenta from a hospital or birthing center under this section may only retain the placenta for personal use and may not sell the placenta.
(c)  A hospital or birthing center shall retain a signed form received under Subsection (a) with the woman's medical records.
(d)  This section does not prohibit a pathological examination of the delivered placenta that is ordered by a physician or required by a policy of the hospital or birthing center.
(e)  This section does not authorize a woman or the woman's spouse to interfere with a pathological examination of the delivered placenta that is ordered by a physician or required by a policy of the hospital or birthing center.
(f)  A hospital or birthing center that allows a person to take possession of and remove from the facility a delivered placenta in compliance with this section is not required to dispose of the placenta as medical waste.
(g)  A hospital or birthing center that acts in accordance with this section is not liable for the act in a civil action, a criminal prosecution, or an administrative proceeding.
Added by Acts 2015, 84th Leg., R.S., Ch. 740 (H.B. 1670), Sec. 1, eff. June 17, 2015.

Sec. 172.003. DEPARTMENT DUTIES.  The department shall develop the form and the educational information required under Section 172.002 and post a copy of the form and information on the department's Internet website.
Added by Acts 2015, 84th Leg., R.S., Ch. 740 (H.B. 1670), Sec. 1, eff. June 17, 2015.