Re: Texas law on cremating or burying fetuses
Could this be what people are all up in arms about? Paragraph (F) basically says that if a family wants to, they can have a fetus released to a funeral home and have a burial or cremation. That's normal. It's always been a choice. No where does it say that a funeral, burial or cremation is mandatory for every fetus that dies in spontaneous abortion (miscarriage), is still born or aborted. This is talking about choice.
RULE ß1.133 Scope, Covering Exemptions and Minimum Parametric Standards for Waste Treatment Technologies Previously Approved by the Texas Department of Health
**(1) Unless an item is specifically exempted, all special waste from health care-related facilities must be treated as provided in these sections.
**(2) These sections do not apply to:
****(B) 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 Codes 289;
****(C) placentas designated for sale and obtained from a licensed hospital or a licensed birthing center;
****(D) in vitro tissue cultures that have not been intentionally exposed to pathogens;
****(E) any material included in the definition of special waste from health care-related facilities which has been sold, donated, or in any way transferred from one health care-related facility to a subsequent facility(s) and other entities specified in subparagraph (B) of this paragraph for research or teaching purposes until it is discarded; and
****(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 ß1.136 of this title (relating to Approved Methods of Treatment and Disposition).