Section 138.2 - DefinitionsThe following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise.
(1) Burial--The act of depositing embryonic and fetal tissue remains in a grave, crypt, vault, or tomb, or at sea.(2) Burial park--A tract of land that is used or intended to be used for the interment of embryonic and fetal tissue remains in graves.(3) Cemetery--A tract of land that is used or intended to be used for the permanent interment of embryonic and fetal tissue remains, and includes: (A) a burial park for earth interments;(B) a mausoleum for crypt or vault interments;(C) a columbarium for cinerary interments; or(D) a combination of one or more of subparagraphs (A) - (C) of this paragraph.(4) Columbarium--A structure or room or other space in a building or structure of most durable and lasting fireproof construction; or a plot of earth, containing niches, used, or intended to be used, to contain cremated embryonic and fetal tissue remains.(5) HHSC--The Texas Health and Human Services Commission.(6) Cremation--The irreversible process of reducing tissue or remains to ashes or bone fragments through direct flame, extreme heat, and evaporation.(7) Crematory--A building or structure containing one or more furnaces used, or intended to be used, for the reduction (by burning) of human remains or embryonic and fetal tissue remains to cremated remains.(8) Crypt or vault--The chamber in a mausoleum of sufficient size to inter the uncremated embryonic and fetal tissue remains.(9) Entombment--The permanent interment of embryonic and fetal tissue remains in a crypt or vault.(10) Embryonic and fetal tissue remains--An embryo, a fetus, body parts, or organs from a pregnancy that terminates in the death of the embryo or fetus and for which the issuance of a fetal death certificate is not required by state law. The term does not include the umbilical cord, placenta, gestational sac, blood, or body fluids.(11) Executive Commissioner--The Executive Commissioner of the Health and Human Services Commission.(12) Grave--A space of ground in a burial park that is used, or intended to be used for the permanent interment in the ground of embryonic and fetal tissue remains.(13) Health care facility--Includes the following: (A) ambulatory surgical centers;(E) facilities that provide emergency medical services as defined by Texas Health and Safety Code, § 773.003;(F) freestanding emergency medical care facilities;(H) professional offices, including the offices of physicians; and(I) other health care-related facilities that provide health or medical care to a pregnant woman.(14) Incineration--The process of burning embryonic and fetal tissue remains in an incinerator as defined in Title 30, Texas Administrative Code, Chapter 101 under conditions in conformance with standards prescribed in Title 30, Texas Administrative Code, Chapter 111 by the Texas Commission on Environmental Quality.(15) Interment--The disposition of embryonic and fetal tissue remains by entombment, burial, or placement in a niche.(16) Mausoleum--A structure or building of most durable and lasting fireproof construction used, or intended to be used, for the entombment of embryonic and fetal tissue remains.(17) Niche--A recess or space in a columbarium used, or intended to be used, for the permanent interment of the cremated remains of embryonic and fetal tissue remains.(18) Steam disinfection--The act of subjecting embryonic and fetal tissue remains to steam under pressure under those conditions which effect disinfection.25 Tex. Admin. Code § 138.2
Adopted by Texas Register, Volume 43, Number 04, January 26, 2018, TexReg 0465, eff. 2/1/2018