(a)Exemptions.
(1)(No change.)
(2)These sections do not apply to:
(A)(No change.)
(B)human fetal tissue as defined in the Texas
Health and Safety Code, Chapter 173, and donated in accordance with
that chapter, and human tissue[, including fetal tissue,]
donated for research or teaching purposes, with the consent of the
person authorized to consent as otherwise provided by law, to an institution
of higher learning, medical school, a teaching hospital affiliated
with a medical school, or to a research institution or individual
investigator subject to the jurisdiction of an institutional review
board required by 42 United States Code 289;
(C) - (E)(No change.)
[(F)disposition of fetal remains
of a single pregnancy, body parts, or tissue (including bulk blood),
transferred for disposition to a licensed funeral director in accordance
with the Health and Safety Code, Chapter 711, and Chapter 181 of this
title (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). All subcategories of
pathological waste, unless otherwise exempted, must be treated and
disposed of in accordance with §1.136 of this title (relating
to Approved Methods of Treatment and Disposition);]
(F)[(G)] human tissue[,
including fetal tissue,] that is expelled or removed from the
human body once the person is outside of a healthcare facility;
(G)[(H)] the remains of
an unintended, intrauterine fetal death [fetal remains]
required to be released to the parent of an unborn child pursuant
to Texas Health and Safety Code, §241.010; [and]
(H)[(I)] a placenta removed
from a hospital or birthing center pursuant to Texas Health and Safety
Code, Chapter 172; and[.]
(I)embryonic and fetal tissue remains
subject to the Texas Health and Safety Code, Chapter 697.
(b)(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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