SECTION 479.5. Abuse of a Corpse

(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.

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