25 TAC §477.4, §477.5
The Anatomical Board of the State of Texas (Board) proposes
amendments to Title 25, Texas Administrative Code, §477.4, relating to
Transport, Importation and Exportation of Bodies and §477.5, relating
to Transfer of Bodies.
The proposed amendment to §477.4(a) changes the language and clarifies
that the transfer and transport of bodies from one institution to another,
or for export from the state, is to be done by a licensed funeral establishment,
ambulance service, member institution, or public carrier.
Existing §477.5(d) presently requires full board approval in advance
for the disposal of transferred bodies that are not being returned to the
institution that originally provided the body for final disposition. Disposal
of transferred bodies requests occur too frequently to continue this practice.
Accordingly, the proposed amendment grants authority to both the secretary-treasurer
and the Board to approve other arrangements for the disposal of transferred
bodies.
Dr. Ron Philo, Ph.D., the Board's Chairman, has determined that for the
first five-year period the amendments to these rules are in effect, there
will be no fiscal implication for state or local governments as a result of
enforcing or administering these proposed amendments.
Dr. Philo further determined that for each year of the first five-year
period the amended rules are in effect, the public benefit anticipated as
a result of enforcing the amendments will be identifying which persons may
transport bodies, and expediting the disposal of transferred bodies by authorizing
secretary-treasurer approval as well as full Board approval. There will be
no effect on large, small, or micro-businesses other than noted in the prior
sentence. There is no anticipated economic cost to persons who are required
to comply with these rules and there is no impact on local employment.
Comments on the proposed amendments may be submitted by mail to Ron Philo,
Ph.D., Chair, Anatomical Board of the State of Texas, University of Health
Science Center at San Antonio, Department of Cellular and Structural Biology,
Mail Code 7762, 7703 Floyd Curl Drive, San Antonio, Texas 78229-3900, or by
e-mail to philo@uthscsa.edu.
The amendments are proposed under Health and Safety Code §691.007
which authorizes the Board to promulgate rules for its administration.
No other statutes, articles, or codes are affected by the proposal.
§477.4.Transport, Importation and Exportation of Bodies.
(a)
Transport of Bodies. The transfer and transport of bodies
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, or public carrier
[
director,
ambulance service, employees of member institutions in institution-owned or
leased vehicles or by a public carrier authorized by the board
]. Violations
may result in revocation of authorization to receive and hold bodies.
(b) - (e)
(No change.)
§477.5.Transfer of Bodies.
(a) - (c)
(No change.)
(d)
Disposal of transferred bodies. Unless other suitable arrangements
have been made and approved by the
secretary-treasurer or the
board
in advance, transferred bodies on which dissection has been completed shall
be returned to the institution originally providing the body for final disposition.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 29, 2004.
TRD-200404292
Cue Boykin
Assistant Attorney General
Anatomical Board of the State of Texas
Earliest possible date of adoption: August 15, 2004
For further information, please call: (512) 475-4239