The following words and terms, when used in this subchapter,
shall have the following meanings unless the context clearly indicates
otherwise.
(1) - (24)(No change.)
(25)Embryonic and Fetal Tissue Remains--An
embryo, a fetus, body parts, or organs from a pregnancy that terminates
in the death of the embryo or fetus and for which the issuance of
a fetal death certificate is not required by state law. The term does
not include the umbilical cord, placenta, gestational sac, blood,
or body fluids.
(26)[(25)] Encapsulation--The
treatment of waste using materials which, when fully reacted, will
encase such waste in a solid protective matrix.
(27)[(26)] Entombment--The permanent
interment of pathological waste in a crypt or vault.
(28)[(27)] Executive Commissioner--
The [In this title, Executive Commissioner means the]
Executive Commissioner of the Health and Human Services Commission.
[(28)Fetal Tissue--A fetus, body
parts, organs or other tissue from a pregnancy. This term does not
include the umbilical cord, placenta, gestational sac, blood or body
fluids.]
(29) - (31)(No change.)
(32)Incineration--That process of burning special
waste from health care-related facilities [SWFHCRF]
in an incinerator as defined in 30 TAC Chapter 101 under conditions
in conformance with standards prescribed in 30 TAC Chapter 111 by
the Texas Commission on Environmental Quality.
(33) - (41)(No change.)
(42)Pathological waste--Pathological waste excludes
embryonic and fetal tissue remains. Pathological waste includes
but is not limited to:
(A)human materials removed during surgery, labor and
delivery, autopsy, embalming, or biopsy, including:
(i)(No change.)
(ii)tissues [or fetuses];
(iii) - (iv)(No change.)
[(B)products of spontaneous or induced
human abortions, regardless of the period of gestation, except as
provided by §1.133 of this title (relating to Scope, Covering
Exemptions and Minimum Parametric Standards for Waste Treatment Technologies
Previously Approved by the Texas Department of State Health Services)
including:]
[(i)body parts;]
[(ii)tissues or fetuses;]
[(iii)organs; and]
[(iv)bulk blood and body fluids;]
(B)[(C)] laboratory specimens
of blood and tissue after completion of laboratory examination; and
(C)[(D)] anatomical remains.
(43) - (49)(No change.)
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on February 28, 2018
TRD-201800867 Barbara L. Klein
Interim General Counsel
Department of State Health Services
Earliest possible date of adoption: April 15, 2018
For further information, please call: (512) 834-6687
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