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RULE §477.4Transport, Importation and Exportation of Bodies

(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 programs;

  (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

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