Current through Reg. 49, No. 38; September 20, 2024
(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.
