|(a) Transport of Bodies. The transfer and transport
of bodies or anatomical specimens from one institution to another,
or for export from the state, shall be done in an appropriate, secured
vehicle operated by a licensed funeral establishment, ambulance service,
member institution, search organization, or public carrier. A label
with the statement "CONTENTS DERIVED FROM DONATED HUMAN TISSUE" shall
be affixed to the container in which the body or anatomical specimen
is transported. Violations may result in revocation of authorization
to receive and hold bodies.
(b) Transfer to search organizations. Cadavers and
anatomical specimens may be transferred to search organizations or
forensic science programs if:
(1) the deceased donated his body in compliance with
Section 691.028 of the Health and Safety Code and at the time of the
donation authorized use for search organizations or forensic science
(2) the body was donated in compliance with Chapter
692A of the Health and Safety Code and the person authorized to make
the donation under Section 692A.009 authorized use for search organizations
or forensic science programs;
(3) the body was received by a member institution because
it had not been claimed.
(c) Importation. Notification of the intent to import
a body or bodies from outside of the State of Texas shall be given
to the board in writing. Such bodies shall fall under the jurisdiction
of the board upon entering the State of Texas, and all rules regulating
such material shall apply.
(d) Exportation. No body under the jurisdiction of
the board including donations to tissue banks authorized by Health
and Safety Code, Chapter 692A, shall be shipped out of the State of
Texas, unless permission in writing for such shipment has been granted
by the board acting through its secretary-treasurer. If the secretary-treasurer
is an employee of the institution that is to make the shipment, secondary
approval must be given by the chair.
(1) The board may grant approval of exportation of
a body if it or its secretary-treasurer or chair determines that:
(A) a written request has been received from an institution
that is in the approved categories described in §479.1(a) of
this title (relating to Institutions Authorized to Receive and Hold
Bodies) that describes the need for the body and the facilities available
for holding the body.
(B) the supply of bodies exceeds the needs of the institutions
in this state; and
(C) the donor authorized out-of-state shipment.
(2) If, in the opinion of the appropriate official
of the holding institution or the secretary-treasurer, a site visit
to the requesting institution is desirable or necessary, such a visit
shall be made and a report made to the secretary-treasurer before
approving the transfer. The expenses incurred by such a site visit
shall be reimbursed by the potential receiving institution before
application is considered.
(e) Proscription of local removal. Bodies shall not
be removed or relocated from the designated premises of the institution
or individual which have been authorized by this board to receive,
hold, or dispose of bodies without the written permission of the secretary-treasurer.
(f) Violation of this rule. Should it appear that an
organization, institution, or individual may be in violation of any
section regarding the transportation of a body, the board shall proceed
as required by §483.1 of this title (relating to Hearing Procedures).
|Source Note: The provisions of this §477.4 adopted to be effective January 1, 1976; amended to be effective October 6, 1980, 5 TexReg 3803; amended to be effective August 11, 1986, 11 TexReg 3405; amended to be effective January 7, 2001, 26 TexReg 200; amended to be effective March 29, 2004, 29 TexReg 3230; amended to be effective January 17, 2005, 30 TexReg 75; amended to be effective January 22, 2012, 37 TexReg 197; amended to be effective September 11, 2016, 41 TexReg 6753