Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS Chapter 213
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 213, relating
to Vital Statistics, authorizes the Cabinet for Human Resources to regulate the
transportation, disposal and interment of dead bodies and the use of dead
bodies or parts thereof for educational and scientific purposes. The purpose of
this administrative regulation is to regulate, except as otherwise provided by
law, the transportation, use, disposal and interment of dead bodies brought
into this state from another state for educational or scientific
purposes.
Section 1. Approval Required
for Importation of Dead Body Into State for Educational or Scientific Purposes;
Exceptions.
(1) Except as otherwise authorized
by subsection (6) of this section, no person shall transport into this state, a
dead body or part thereof, for educational or scientific purposes without first
obtaining the prior approval of the Cabinet for Human Resources.
(2) An applicant desiring to transport a dead
body or part thereof into this state for educational or scientific purposes
shall file a notarized application with the cabinet setting forth the proposed
use, need, qualifications of personnel and adequacy of equipment and
facilities.
(3) Upon receipt of the
notarized application the cabinet shall cause an investigation to be made to
determine the proposed use, need, qualifications of personnel and the adequacy
of equipment and facilities.
(4)
The Secretary for Human Resources shall, on the basis of his investigation,
either grant or deny the application. In the event the application is approved,
the secretary shall in accordance with KRS 311.310 require the applicant to
post a bond in the sum of $1,000 conditioned upon compliance with the terms of
this administrative regulation and the lawful use and disposition of any dead
bodies or parts thereof that may be received by the applicant.
(5) After the use of the dead bodies or parts
thereof has been completed as approved by the cabinet, such bodies or parts
thereof shall be disposed of as set forth in the approved application, or as
otherwise authorized by law. A special transit permit shall be obtained for the
transportation of such dead bodies or parts thereof from the Cabinet for Human
Resources.
(6) This administrative
regulation shall not restrict the importation and use of dead bodies for
educational or scientific purposes by any state publicly funded, accredited
medical school located in Kentucky, nor the importation and use of any dead
body or part thereof, the donation of which was made pursuant to the Kentucky
Uniform Anatomical Gift Act, KRS 311.165 to 311.247, or as may be otherwise
authorized by law.
Section
2. Facility Requirements. An applicant for approval to import a
dead body into this state for educational or scientific purposes shall meet the
following facility requirements:
(1) Comply
with applicable state and local fire safety, housing and plumbing codes as
evidenced by written approvals from appropriate governmental
agencies;
(2) Maintain all
facilities in a sanitary condition;
(3) Maintain strict rules of privacy and
allow no one in the area in which a dead human body is being dissected or
stored except for faculty and duly registered students of the facility or
authorized personnel;
(4) Store all
cadavers by use of one (1) of the following methods:
(a) In covered vats or tanks submersed in a
preservative acceptable to the cabinet;
(b) Wrapped in gauze or similar material,
after embalming, soaked with formalin or other acceptable preservative, and
stored in a morgue type refrigeration unit or equivalent with a temperature
range of thirty-eight (38) to forty (40) degrees Fahrenheit.
(c) Enclosed in sealed plastic bags, after
embalming; or
(d) By other means
which would be acceptable to the cabinet.
(5) Provide outside ventilation, including
continuous air changes and mechanical power to provide sufficient air movement
to rooms housing cadaver storage vents, tanks or refrigeration units;
(6) Provide security to all storage areas at
all times;
(7) Provide a dissection
area that shall contain:
(a) A minimum of 100
square feet of floor area with a minimum room area of 180 square feet,
exclusive of cadaver storage space;
(b) Flooring constructed of terrazzo, tile,
concrete or other waterproof or impervious material from wall to
wall;
(c) Dissection table with
stainless steel top with rolled edge and drainage;
(d) Ventilation to outside of building with
mechanical power sufficient to provide adequate air movement;
(e) Lighting at the table level of not less
than 1,000 foot candles;
(f)
Adequate electrical outlets including outlets in proximity to dissection
table;
(g) Slop sink with running
water and adequate drainage;
(h)
Storage area for supplies and equipment;
(i) Work counter with sink equipped for hand
washing; and
(j) Sanitary waste
receptacle.
STATUTORY AUTHORITY: KRS 194.050, 211.090, 311.310,
311.165-311.247