| (a) Unless specifically exempted, all embryonic and
fetal tissue remains from health care facilities must be treated as
provided in this chapter.
(b) To the extent this chapter conflicts with Title
25, Texas Administrative Code, Chapter 1, Subchapter K, this chapter
prevails.
(c) This chapter does not apply to:
(1) placentas designated for sale and obtained from
a licensed hospital or a licensed birthing center;
(2) in vitro tissue cultures;
(3) human fetal tissue donated in accordance with Texas
Health and Safety Code, Chapter 173;
(4) disposition of embryonic and fetal tissue remains
of a single pregnancy, body parts, or tissue (including bulk blood),
transferred for disposition to a licensed funeral director in accordance
with Texas Health and Safety Code, Chapter 711, and Title 25, Texas
Administrative Code Chapter 181 (relating to Vital Statistics), with
the consent of the person or persons authorized to consent to the
disposition of the fetal remains, body parts, or tissue (including
bulk blood);
(5) human tissue, including embryonic and fetal tissue,
that is expelled or removed from the human body once the person is
outside of a health care facility;
(6) embryonic and fetal tissue required to be released
to the parent of an unborn child pursuant to Texas Health and Safety
Code, §241.010; and
(7) a placenta removed from a hospital or birthing
center pursuant to Texas Health and Safety Code, Chapter 172.
(d) Notwithstanding any other law or rule, 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.
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