(a) Unless specifically exempted, all embryonic and fetal tissue remains from health care facilities must be treated as provided in this chapter.     
      (b) To the extent this chapter conflicts with Title 25, Texas Administrative Code, Chapter 1, Subchapter K, this chapter prevails.     
      (c) This chapter does not apply to:      
        (1) placentas designated for sale and obtained from a licensed hospital or a licensed birthing center;       
        (2) in vitro tissue cultures;       
        (3) human fetal tissue donated in accordance with Texas Health and Safety Code, Chapter 173;       
        (4) disposition of embryonic and fetal tissue remains of a single pregnancy, body parts, or tissue (including bulk blood), transferred for disposition to a licensed funeral director in accordance with Texas Health and Safety Code, Chapter 711, and Title 25, Texas Administrative Code Chapter 181 (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);       
        (5) human tissue, including embryonic and fetal tissue, that is expelled or removed from the human body once the person is outside of a health care facility;       
        (6) embryonic and fetal tissue required to be released to the parent of an unborn child pursuant to Texas Health and Safety Code, §241.010; and       
        (7) a placenta removed from a hospital or birthing center pursuant to Texas Health and Safety Code, Chapter 172.       
      (d) Notwithstanding any other law or rule, the umbilical cord, placenta, gestational sac, blood, or body fluids from a pregnancy terminating in the death of the embryo or fetus for which the issuance of a fetal death certificate is not required by state law may be disposed of in the same manner as and with the embryonic and fetal tissue remains from that same pregnancy as authorized by this chapter.     
     Source Note:        The provisions of this §138.3 adopted to be effective February 1, 2018, 43 TexReg 465