(a) Definition. Abuse of a corpse is defined in Texas
Penal Code §42.10. In the code dissection in an authorized institution
by authorized persons is specifically exempted from this provision.
The board has determined:
(1) dissection of human cadaveric materials in health
science, and related, education and research, and activities found
by the board to be related to dissection (see paragraph (2) of this
subsection) are a special privilege and are legally authorized for
members and students of the health, and related, professions for the
purpose of the advancement of knowledge in these fields. Exercise
of this authority is accompanied by solemn obligations to conduct
all activities related to such dissection with respect and dignity.
Authorized dissection shall take place under supervision of trained
and qualified persons, and only in specified locations that have been
approved by the board and which meet the standards set forth in §479.3
of this title (relating to Standards for Facilities). Bodies, or parts
of a body, shall not be removed from the specified locations without
permission of the board or of an authorized representative of the
board;
(2) the following activities are integrally related
to dissection:
(A) procurement of bodies:
(i) removal from the place of death, hospital, morgue,
medical examiner's office, or mortuary; and transfer to a proper site
for embalming;
(ii) transfer to storage site or dissecting facility
approved by the board;
(B) distribution of bodies: removal from one storage
site and transfer to another approved facility designated by the board;
(C) handling of bodies:
(i) embalming;
(ii) placement in storage;
(iii) removal from storage;
(iv) placement on dissecting table in a facility designated
approved by the board;
(D) dissection: cutting or otherwise separating body
components for the purpose of demonstrating or investigating structural
relationships of tissues, organs, or systems.
(E) use of bodies in biomedical research: removal of
body parts or constituents and subjection thereof to further manipulation
for the purpose of advancing scientific knowledge;
(F) disposal of remains:
(i) removal from the dissecting table;
(ii) transfer to crematory or burial site;
(iii) cremation or burial;
(iv) final disposition of cremains.
(3) use of human cadaveric materials in training human
remains detection canines and other forensic science procedures are
a special privilege and are legally authorized for active members
of search organizations and forensic science programs. Exercise of
this authority is accompanied by solemn obligations to conduct all
activities related to such training with respect and dignity. Authorized
activities shall take place under supervision of trained and qualified
persons, and only in specified locations that have been approved by
the board and which meet the standards set forth in §479.3 of
this title (relating to Standards for Facilities).
(b) Whenever a person or institution becomes aware
of a possible abuse of corpse, the person or institution shall report
the facts, as known, to the executive committee. The executive committee
shall give the person or institution the opportunity to document that
no violation occurred or that proper remedial safeguards have been
implemented to render the likelihood of reoccurrence unlikely. If
the executive committee has cause to believe that a person or institution
has failed to report as required by this subsection or that an abuse
of a corpse has occurred and may reoccur, the executive committee
shall recommend an appropriate sanction to the full board up to recommending
that a person or institution's privilege to receive, hold, and dissect
bodies be revoked. No privilege to receive and hold bodies shall be
revoked, in the absence of the person or institution's consent, without
the opportunity for a hearing.
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Source Note: The provisions of this §479.5 adopted to be effective October 6, 1980, 5 TexReg 3803; amended to be effective August 11, 1986, 11 TexReg 3406; amended to be effective January 7, 2001, 26 TexReg 200; amended to be effective March 29, 2004, 29 TexReg 3231; amended to be effective September 11, 2016, 41 TexReg 6754 |