|(a) Embryonic and fetal tissue remains, regardless
of the period of gestation, except as provided by §138.3 of this
chapter (relating to Scope, Exemptions), must be subjected to one
of the following methods of treatment and disposal:
(3) incineration followed by interment; or
(4) steam disinfection followed by interment.
(b) Embryonic and fetal tissue remains that undergo
cremation must be placed in a cremation container that:
(1) is made of combustible materials suitable for cremation;
(2) provides a complete covering of the remains;
(3) is resistant to leakage or spillage; and
(4) protects the health and safety of crematory personnel.
(c) The ashes resulting from the cremation or incineration
of embryonic and fetal tissue remains:
(1) may be interred or scattered in any manner authorized
by law for human remains; and
(2) may not be placed in a landfill or sewer system.
(d) Any facility that receives embryonic and fetal
tissue remains for treatment must maintain records to document the
method and conditions of treatment in accordance with Title 30, Texas
Administrative Code, Chapter 326.
(e) Any facility that receives embryonic and fetal
tissue remains for treatment is responsible for establishing the conditions
necessary for operation of each method used at the facility to ensure
the reduction of microbial activity of any embryonic and fetal tissue
(f) A health care facility responsible for disposing
of embryonic and fetal tissue remains may coordinate with an entity
in the registry established under §138.8 of this chapter (relating
to Burial or Cremation Assistance Registry), in an effort to reduce
the cost associated with transportation, burial, or cremation of the
embryonic and fetal tissue remains.