Relating to perinatal bereavement care provided by certain hospitals, a perinatal bereavement care initiative, and a perinatal bereavement care hospital recognition program, the official text

H.B. No. 37

AN ACT

relating to perinatal bereavement care provided by certain

hospitals, a perinatal bereavement care initiative, and a perinatal

bereavement care hospital recognition program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as Everly's Law in honor of

Everly Grace Talman, whose story inspired this legislation.

SECTION 2. Subtitle G, Title 4, Health and Safety Code, is

amended by adding Chapter 328 to read as follows:

CHAPTER 328. PERINATAL BEREAVEMENT CARE SERVICES

Sec. 328.001. DEFINITIONS. In this chapter:

(1) "Department" means the Department of State Health

Services.

(2) "Executive commissioner" means the executive

commissioner of the Health and Human Services Commission.

(3) "Hospital" means a hospital licensed under Chapter

241 or a teaching hospital, as defined by Section 58A.001,

Education Code.

(4) "Initiative" means the perinatal bereavement care

initiative established under Section 328.003.

(5) "Perinatal bereavement care" means the provision

of supportive care for a prenatal diagnosis of a life-limiting

fetal condition.

(6) "Perinatal bereavement device" means a device with

technology capable of delaying for bereavement purposes the

deterioration of human tissue for up to 72 hours following an

intrauterine fetal demise, neonatal death, or stillbirth.

(7) "Recognition program" means the hospital

recognition program established under Section 328.004.

Sec. 328.002. PERINATAL BEREAVEMENT CARE SERVICES REQUIRED

IN CERTAIN HOSPITALS. A hospital assigned a maternal level of care

designation under Section 241.182 shall, following an intrauterine

fetal demise, neonatal death, or stillbirth, make available to the

expectant parents and family members for a period equal to the

length of stay recommended by a medical professional for a birth:

(1) perinatal bereavement care counseling options;

and

(2) any available perinatal bereavement device.

Sec. 328.003. PERINATAL BEREAVEMENT CARE INITIATIVE. (a)

The department shall establish and administer a perinatal

bereavement care initiative to improve access to and quality of

perinatal bereavement care in this state.

(b) Under the initiative, the department may provide to

hospitals assigned a maternal level of care designation under

Section 241.182 the following resources for the hospital's

provision of perinatal bereavement care:

(1) for hospital personnel who provide maternal care,

training on interacting with parents and family members in a

considerate and respectful manner following an intrauterine fetal

demise, neonatal death, or stillbirth;

(2) a perinatal bereavement device, including:

(A) training for personnel on the use of the

device; and

(B) support to maintain the device; and

(3) any other resources necessary for providing

perinatal bereavement care.

(c) In providing resources to hospitals under the

initiative, the department shall prioritize hospitals that:

(1) lack access to a perinatal bereavement device;

(2) treat a greater number of high-risk maternal

patients; and

(3) deliver a greater number of babies.

(d) The department, as appropriate and using money

appropriated or otherwise available for that purpose, may award

grants under the initiative to hospitals assigned a maternal level

of care designation under Section 241.182 to increase access to

perinatal bereavement care resources.

(e) The department may accept gifts, grants, and donations

from any source for the purposes of the initiative.

Sec. 328.004. HOSPITAL RECOGNITION PROGRAM. The executive

commissioner, in collaboration with the Perinatal Advisory Council

established under Section 241.187, shall:

(1) develop and implement a program to recognize

hospitals assigned a maternal level of care designation under

Section 241.182 that provide perinatal bereavement care training to

hospital personnel; and

(2) adopt criteria for awarding recognition to a

hospital under the recognition program.

SECTION 3. As soon as practicable after the effective date

of this Act, the executive commissioner of the Health and Human

Services Commission may adopt the rules necessary to implement

Chapter 328, Health and Safety Code, as added by this Act.

SECTION 4. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 37 was passed by the House on April

24, 2025, by the following vote: Yeas 143, Nays 2, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 37 was passed by the Senate on May 14,

2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor