(a) Except for the portion of a delivered placenta that is necessary for an examination described by Subsection (d), a hospital or birthing center without a court order shall allow a woman who has given birth in the facility, or a spouse of the woman if the woman is incapacitated or deceased, to take possession of and remove from the facility the placenta if:
(1) the woman tests negative for infectious diseases as evidenced by the results of the diagnostic testing required by Section 81.090 ; and
(2) the person taking possession of the placenta signs a form prescribed by the department acknowledging that:
(A) the person has received from the hospital or birthing center educational information prescribed by the department concerning the spread of blood-borne diseases from placentas, the danger of ingesting formalin, and the proper handling of placentas; and
(B) the placenta is for personal use.
(b) A person removing a placenta from a hospital or birthing center under this section may only retain the placenta for personal use and may not sell the placenta.
(c) A hospital or birthing center shall retain a signed form received under Subsection (a) with the woman's medical records.
(d) This section does not prohibit a pathological examination of the delivered placenta that is ordered by a physician or required by a policy of the hospital or birthing center.
(e) This section does not authorize a woman or the woman's spouse to interfere with a pathological examination of the delivered placenta that is ordered by a physician or required by a policy of the hospital or birthing center.
(f) A hospital or birthing center that allows a person to take possession of and remove from the facility a delivered placenta in compliance with this section is not required to dispose of the placenta as medical waste.
(g) A hospital or birthing center that acts in accordance with this section is not liable for the act in a civil action, a criminal prosecution, or an administrative proceeding.
Added by Acts 2015, 84th Leg., R.S., Ch. 740 (H.B. 1670 ), Sec. 1, eff. June 17, 2015.
