(a) Embryonic and fetal tissue remains, regardless of the period of gestation, except as provided by §138.3 of this chapter (relating to Scope, Exemptions), must be subjected to one of the following methods of treatment and disposal:      
        (1) interment;       
        (2) cremation;       
        (3) incineration followed by interment; or       
        (4) steam disinfection followed by interment.       
      (b) Embryonic and fetal tissue remains that undergo cremation must be placed in a cremation container that:      
        (1) is made of combustible materials suitable for cremation;       
        (2) provides a complete covering of the remains;       
        (3) is resistant to leakage or spillage; and       
        (4) protects the health and safety of crematory personnel.       
      (c) The ashes resulting from the cremation or incineration of embryonic and fetal tissue remains:      
        (1) may be interred or scattered in any manner authorized by law for human remains; and       
        (2) may not be placed in a landfill or sewer system.       
      (d) Any facility that receives embryonic and fetal tissue remains for treatment must maintain records to document the method and conditions of treatment in accordance with Title 30, Texas Administrative Code, Chapter 326.     
      (e) Any facility that receives embryonic and fetal tissue remains for treatment is responsible for establishing the conditions necessary for operation of each method used at the facility to ensure the reduction of microbial activity of any embryonic and fetal tissue remains.     
      (f) A health care facility responsible for disposing of embryonic and fetal tissue remains may coordinate with an entity in the registry established under §138.8 of this chapter (relating to Burial or Cremation Assistance Registry), in an effort to reduce the cost associated with transportation, burial, or cremation of the embryonic and fetal tissue remains.     
     Source Note:        The provisions of this §138.5 adopted to be effective February 1, 2018, 43 TexReg 465