Part 4.
ANATOMICAL BOARD OF THE STATE OF TEXAS
Chapter 471.
OFFICERS
25 TAC §§471.1, 471.3, 471.4
The Anatomical Board of the State of Texas (board) proposes
amendments to §§471.1, 471.3, 471.4, concerning officers. The proposed
amendments refer to the officers using gender neutral titles, clarify that
the secretary-treasurer is responsible for calling and scheduling annual meetings,
combine the secretary-treasurer's duties, and clarify that officers are eligible
for re-election without restrictions. These amendments are proposed in response
to the board's initial review of its rules as required by Texas Government
Code, §2001.039 which requires agencies to review their rules every four
years.
Dr. Andrew F. Payer, Ph.D., the board's Secretary-Treasurer, has determined
that for the first five-year period the amendments are in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amended sections.
Dr. Payer also has determined that for each year of the first five years
the amended sections are in effect the public benefit anticipated as a result
of enforcing them will be a recognition that the board's officers may be male
or female, a recognition that the secretary-treasurer performs both office's
duties simultaneously, and a recognition that officers are eligible for reelection
without term limitations. There will be no effect on small businesses. There
are no anticipated economic costs to persons who are required to comply with
the rules as proposed.
Comments on the proposed amendments may be submitted by mail to Andrew
F. Payer, Ph.D., Secretary-Treasurer, Anatomical Board of the State of Texas;
University of Texas Medical Branch; Galveston, Texas 77555-0846 or by email
to afpayer@utmb.edu for a period of 45 days from the date of publication of
this notice.
The amendments are proposed under Health and Safety Code, §691.007,
which authorizes the board to adopt rules for its administration.
The following section of the Health and Safety Code is affected by the
proposed amendments: §691.007.
Chair
[
(a)
Term of office. The
chair
[
(b)
Duties. The
chair
[
(c)
Vacancy. In the event that the chairmanship is vacated,
the vice
chair
[
§471.3.Secretary-Treasurer of the Board.
(a)
Term of office. The secretary-treasurer shall be elected
from among the members of the board at the annual meeting in odd numbered
years for a term of two years.
(b)
Duties [
(1)
keep minutes of all meetings of the board and
a record of other actions of the board and of its executive committee
;
[
(2)
give notice of meetings and conduct the correspondence
of the board
;
[
(3)
prepare annually a report of the number of
cadavers procured and used and of the number of students in courses in anatomy
that required use of cadavers
;
[
[
(4)
conduct all routine business of the board that
does not require formal action of the board or of its executive committee
;
[
[
(5)
receive and disburse all monies belonging to
the board
;
[
(6)
maintain both a checking and a savings account
in an insured bank in the name of the Anatomical Board of the State of Texas
;
[
(7)
withdraw monies from savings only
with
the approval of the board as attested by the signature of the
chair
[
(8)
prepare an annual financial report and send
copies to all members of the board
;
[
(c)
[
(d)
[
§471.4.Eligibility for Re-Election.
Officers of the board are eligible for re-election to the office without
limitations [
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 July 3, 2000.
TRD-200004605
Dr. Andrew F. Payer, Ph.D.
Board's Secretary-Treasurer
Anatomical Board of the State of Texas
Earliest possible date of adoption: August 13, 2000
For further information, please call: (409) 772-1166
25 TAC §473.1
The Anatomical Board of the State of Texas (board) proposes
an amendment to §473.1, concerning the executive committee. The proposed
amendment refers to the officers using gender neutral titles. The amendment
is proposed in response to the board's initial review of its rules as required
by Texas Government Code, §2001.039 which requires agencies to review
their rules every four years.
Dr. Andrew F. Payer, Ph.D., the board's Secretary-Treasurer, has determined
that for the first five-year period the amendment is in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amended section.
Dr. Payer also has determined that for each year of the first five years
the amended section is in effect the public benefit anticipated as a result
of enforcing it will be a recognition that the board's officers may be male
or female. There will be no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the amended section
as proposed.
Comments on the proposed amendment may be submitted by mail to Andrew F.
Payer, Ph.D., Secretary-Treasurer, Anatomical Board of the State of Texas;
University of Texas Medical Branch; Galveston, Texas 77555-0846 or by email
to afpayer@utmb.edu for a period of 45 days from the date of publication of
this notice.
The amendment is proposed under Health and Safety Code, §691.007,
which authorizes the board to adopt rules for its administration.
The following section of the Health and Safety Code is affected by the
proposed amendment: §691.007.
§473.1.Executive Committee.
The executive committee shall be composed of the
chair
[
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 July 3, 2000.
TRD-200004606
Dr. Andrew F. Payer, Ph.D.
Board's Secretary-Treasurer
Anatomical Board of the State of Texas
Earliest possible date of adoption: August 13, 2000
For further information, please call: (409) 772-1166
25 TAC §§475.1 - 475.3, 475.5
The Anatomical Board of the State of Texas (board) proposes
amendments to §§475.1-475.3 and 475.5, concerning meetings. The
proposed amendments clarify that the secretary-treasurer is responsible for
calling the annual meetings, delete references to "executive secretary" and
substitute the term "secretary-treasurer," and require all special meetings
of the board or executive committee to be held in accordance with the Open
Meetings Act. These amendments are proposed in response to the board's initial
review of its rules as required by Texas Government Code, §2001.039 which
requires agencies to review their rules every four years.
Dr. Andrew F. Payer, Ph.D., the board's Secretary-Treasurer, has determined
that for the first five-year period the amendments are in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amended sections.
Dr. Payer also has determined that for each year of the first five years
the amended sections are in effect the public benefit anticipated as a result
of enforcing them will be greater certainty in placing responsibility in a
single person for calling annual meetings of the board, and a recognition
of the public's right of access to the meetings of the board and executive
committee. There will be no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the rules as proposed.
Comments on the proposed amendments may be submitted by mail to Andrew
F. Payer, Ph.D., Secretary-Treasurer, Anatomical Board of the State of Texas;
University of Texas Medical Branch; Galveston, Texas 77555-0846 or by email
to afpayer@utmb.edu for a period of 45 days from the date of publication of
this notice.
The amendments are proposed under Health and Safety Code, §691.007,
which authorizes the board to adopt rules for its administration.
The following section of the Health and Safety Code is affected by the
proposed amendments: §691.007.
§475.1.Annual Meeting.
An annual meeting shall be held at least once each year, normally in
the spring, at a place and a time designated by the
secretary-treasurer
[
§475.2.Special Meetings.
Special meetings may be called from time to time by the
chair
[
§475.3.Meetings of the Executive Committee.
The executive committee shall meet from time to time at the pleasure
of the
chair
[
§475.5.Reimbursement for Travel to Meetings.
The
secretary-
treasurer is authorized to reimburse members
of the board for expenses incurred by a member in attending any meeting of
the board or of its committees. Requests for reimbursement shall conform in
format and amounts claimed to similar requests of the parent institution of
the member.
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 July 3, 2000.
TRD-200004607
Dr. Andrew F. Payer, Ph.D.
Board's Secretary-Treasurer
Anatomical Board of the State of Texas
Earliest possible date of adoption: August 13, 2000
For further information, please call: (409) 772-1166
25 TAC §§477.1, 477.4 - 477.8
The Anatomical Board of the State of Texas (board) proposes
amendments to §§477.1 and 477.4-477.8, concerning distribution of
bodies. The proposed amendments recognize the codification of the board's
enabling legislation in the Health and Safety Code, clarify who is authorized
to transport cadavers, correct a typographical error and use the correct title
in references to the secretary-treasurer. These amendments are proposed in
response to the board's initial review of its rules as required by Texas Government
Code, §2001.039 which requires agencies to review their rules every four
years.
Dr. Andrew F. Payer, Ph.D., the board's Secretary-Treasurer, has determined
that for the first five-year period the amendments are in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amended sections.
Dr. Payer also has determined that for each year of the first five years
the amended sections are in effect the public benefit anticipated as a result
of enforcing them will be easier access to the board's enabling legislation
and greater certainty in knowing who is authorized to transport cadavers.
There will be no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the rules as proposed.
Comments on the proposed amendments may be submitted by mail to Andrew
F. Payer, Ph.D., Secretary-Treasurer, Anatomical Board of the State of Texas;
University of Texas Medical Branch; Galveston, Texas 77555-0846 or by email
to afpayer@utmb.edu for a period of 45 days from the date of publication of
this notice.
The amendments are proposed under Health and Safety Code, §691.007,
which authorizes the board to adopt rules for its administration and under §691.031,
which directs the board to adopt rules to ensure that all bodies received
or distributed by the board are properly transported.
The following sections of the Health and Safety Code are affected by the
proposed amendments: §691.007 and §691.031.
§477.1.Jurisdiction of the Board.
(a)
Anatomical donations. The board exercises jurisdiction
over "anatomical donations," meaning a human body or part of a human body
delivered to the Anatomical Board of the State of Texas under
Health
and Safety Code, Chapter 691
[
(b)
Exceptions. Neither parts of a human body used for transplantation
or other medical therapy nor surgical specimens fall under the jurisdiction
of the board. Skeletal material or other prepared specimens obtained from
commercial sources do not fall under the jurisdiction of the board.
§477.4.Transportation of Bodies.
(a)
Transport of Bodies. The transfer and transport of cadavers
from one institution to another, or for export from the state, shall be done
in an appropriate, secured vehicle operated by a licensed
funeral director,
[
(b)
Importation. Notification of the intent to import a body
or bodies from outside of the State of Texas shall be given to the board in
writing. Such bodies shall fall under the jurisdiction of the board upon entering
the State of Texas, and all rules regulating such material shall apply.
(c)
Exportation. No body or body part under the jurisdiction
of the board shall be shipped out of the State of Texas, unless special permission
for such shipment has been granted by the board.
(1)
The Board may grant approval of exportation of a body or
a body part provided:
(A)
a written request has been received from an institution
that would be an approved institution were it located in Texas which describes
the need for the body or body part, and describing the facilities available
for holding the body or body part;
(B)
the body or body part has been declared in excess of the
need of the holding institution by the identified individual of the holding
institution, and in excess of the needs of other institutions in the State
of Texas by the executive secretary of the board; and
(C)
the board has found that the proposed receiving state has
a reciprocal policy concerning such matters.
(2)
The executive secretary may issue the necessary transit
documents when full payment of all costs and expenses, including an appropriate
transfer fee related to an approved export of a body or body part, has been
received.
(3)
If, in the opinion of the identified individual of the
holding institution or the executive secretary, a site visit to the requesting
institution is desirable or necessary, such a visit shall be made and a report
made to the executive secretary before transit documents are issued. The expenses
incurred by such a site visit shall be reimbursed by the potential receiving
institution, and shall have been paid before transit documents are issued.
(d)
Proscription of local removal. Bodies, or parts thereof,
shall not be removed or relocated from the designated premises of the institution
or individual which have been authorized by this board to receive, hold, or
dispose of bodies, or parts thereof, without the written permission of the
identified individual. Violation of this proscription may be construed as
"abuse of (a) corpse
"
[
(e)
Violation of this rule. Should it appear that an organization,
institution, or individual may be in violation of any section regarding the
transportation of a body or a body part, the board shall proceed as required
by §483.1 of this title (relating to Hearing Procedures).
§477.5.Transfer of Bodies.
(a)
Application for transfer. Institutions desiring the transfer
of a body to their institution must make written request to the secretary
-treasurer
of the board. Reasons for the need for a body must be stated.
(b)
Approval of transfer. Approval to transfer bodies requires
a majority vote of the full membership of the board. Although the law provides
for private physicians to be authorized to receive bodies, it is the belief
of the board that, in general, a physician should arrange to do anatomical
work at a medical or dental school or at an authorized hospital.
(c)
Availability. While the secretary
-treasurer
of the board shall make diligent efforts to locate a source of bodies for
transfer, final authorization for such transfer shall be dependent on the
willingness of a member institution to provide the required body or bodies.
Costs of the body and for transportation shall be borne by the institution
receiving the transferred body.
(d)
Disposal of transferred bodies. Unless other suitable arrangements
have been made and
approved
[
§477.6.Assessment Fees.
(a)
Fees for bodies received directly or by transfer. An assessment,
the amount of which shall be set from time to time by the board, shall be
levied on each institution, organization, or individual for each body received
either directly or by transfer. This assessment shall be remitted to the
secretary-
treasurer.
(1)
A body received by one member institution for and in the
name of a second member institution, solely for the purpose of embalming and
temporary holding, shall be considered as received directly by the second
member institution, and the SAB form shall so reflect. The assessment fee
shall be paid only by the second institution.
(2)
A body, other than one received as described in paragraph
(1) of this subsection, which shall later be transferred from the receiving
institution to another institution, is a body received by transfer by the
second institution, and the SAB form shall so reflect. A transfer assessment
fee shall be paid by the second institution.
(3)
A body, other than one received as described in paragraphs
(1) and (2) of this subsection, is a body received directly, and the SAB form
shall so reflect. The assessment fee shall be paid by the receiving institution.
(4)
A body that is removed from the receiving institution to
a second institution but which at all times remains totally under the control
and supervision of the original receiving institution shall not be considered
as a transferred body. No new SAB form or transfer assessment fee is required.
(b)
Penalty for failure to remit fees. The authority to receive
and hold bodies shall be forfeited upon failure to transmit such assessments.
Forfeiture shall be automatic after the determination by the
secretary-
treasurer that no assessment fee has been received within 30 days after
final warning to the delinquent organization, institution, or individual.
No appeal to the board of this automatic forfeiture may be made. Fees may
be paid under protest and then contested by a hearing (see §483.1 of
this title (relating to Hearing Procedures)).
(c)
Use of fees collected. Assessments received by the
secretary-
treasurer shall be used to meet the actual expenses of the
board as allowed by law and authorized by the board or the executive committee.
§477.7.Report Forms.
(a)
SAB form. Each body received, directly or by transfer,
shall be identified and reported on a SAB form prescribed by the board. Copy
A shall be filed with the secretary of the board. Copy B shall be retained
by the receiving institution. Copy C shall be signed by the receiving institution
and returned to the appropriate agent of the board. Copy D shall be retained
as a temporary record by the appropriate agent of the board. The SAB registration
number shall be the same as that of the SAB tag affixed to the body. In the
case of transferred bodies, the SAB registration number shall be prefixed
with the letters "TR."
(b)
Yearly cadaver procurement and use report. Each institution
which has received, directly or by transfer, and/or used a body during the
prior year shall complete, sign, and file with the secretary
-treasurer
[
(c)
Interim cadaver procurement and use report. Each institution
which has received, directly or by transfer, and/or used a body during the
first 1/2 of the year shall complete, sign, and file with the secretary
-treasurer
[
(d)
Obtaining forms. Copies of the SAB forms, yearly cadaver
procurement and use report, and interim cadaver procurement and use report,
may be obtained
at the following address: Secretary-Treasurer, Anatomical
Board of the State of Texas,
[
§477.8.Forms for Recording of Willed and Donated Bodies.
(a)
Member institutions operating a willed body program, and
institutions or individuals receiving donated bodies shall prepare suitable
forms which record the intent to will or donate a body. A copy of such forms
shall be deposited, as a sample, with the secretary
-treasurer.
[
(b)
Forms for recording of all bodies involved in the willed
body program (see chapter 481 of this title relating to Willed Body Program),
and for recording the donation of a body under the Anatomical Gift Act
, Health and Safety Code, Chapter 692
, [
(1)
"Complaints or inquiries regarding a willed or donated
body should be directed to the [
(2)
"I authorize the Anatomical Board of the state to transport
the willed/donated body hereon described out of the State of Texas in the
event that the holding institution and the [
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 July 3, 2000.
TRD-200004608
Dr. Andrew F. Payer, Ph.D.
Board's Secretary-Treasurer
Anatomical Board of the State of Texas
Earliest possible date of adoption: August 13, 2000
For further information, please call: (409) 772-1166
25 TAC §479.2, §479.5
The Anatomical Board of the State of Texas (board) proposes
amendments to §479.2 and §479.5, concerning standards for and inspections
of facilities. The proposed amendments substitute the term "secretary-treasurer"
for "secretary," the term "chair" for "chairman" and provide that investigative
findings will be held in confidence to the extent allowed by law. These amendments
are proposed in response to the board's initial review of its rules as required
by Texas Government Code, §2001.039 which requires agencies to review
their rules every four years.
Dr. Andrew F. Payer, Ph.D., the board's Secretary-Treasurer, has determined
that for the first five-year period the amendments are in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amended sections.
Dr. Payer also has determined that for each year of the first five years
the amended sections are in effect there will be neither public benefit nor
harm. The amendments are nonsubstantive. There will be no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the rules as proposed.
Comments on the proposed amendments may be submitted by mail to Andrew
F. Payer, Ph.D., Secretary-Treasurer, Anatomical Board of the State of Texas;
University of Texas Medical Branch; Galveston, Texas 77555-0846 or by email
to afpayer@utmb.edu for a period of 45 days from the date of publication of
this notice.
The amendments are proposed under Health and Safety Code, §691.007,
which authorizes the board to adopt rules for its administration and under §691.022,
which directs the board to adopt rules to ensure that all bodies in the board's
custody or in the custody of an institution represented on the board are treated
with respect.
The following sections of the Health and Safety Code are affected by the
proposed amendments: §691.007 and §691.022.
§479.2.Application and Inspection of Facilities.
(a)
Application. An institution applying for authorization
to receive and hold bodies must apply in writing to the secretary
-treasurer
of the board. Such application must contain a short description of
the facilities to be utilized and should suggest suitable dates for a site
visit by designated members of the board. All authorized institutions planning
significant alterations of their facilities should advise the board early
in the process of changes proposed.
(b)
Inspection.
(1)
The inspection team.
(A)
New facilities. An inspection subcommittee of the board,
composed of at least two members of the board, shall visit all new facilities,
including any existing facilities that have undergone major renovation. Such
inspections shall be made within 60 days of the receipt of a request for inspection.
(B)
Inspection. Approved facilities. All approved facilities
shall be reinspected from time to time on a periodic basis not less than every
five years by at least one member of the board from an institution other than
the facility being inspected. Advance notice of such reinspections shall be
given.
(C)
Facilities where deficiencies have been cited. All facilities
which have been disapproved, or where a deficiency has been cited on inspection
or reinspection, may be visited by a reinspection subcommittee composed of
at least one member of the board from an institution other than the facility
being reinspected. This reinspection, when deemed necessary, shall be made
within 60 days of notice to the secretary
-treasurer
that the corrections
have been accomplished. Advance notice of such reinspections shall be given.
(2)
Reports of inspection and reinspection.
(A)
Approved facilities. Where the inspection subcommittee
finds no reason to deny approval of the inspected facilities, they so report
in writing to the secretary
-treasurer.
[
(B)
Disapproved facilities.
(i)
Needed corrections cited in writing. When the inspection
subcommittee notes deficiencies which require remedy before approval can be
granted, they shall so report, in detail, in writing to the secretary
-treasurer
of the board, who shall notify the institution promptly of
these deficiencies. It would be well if the inspection subcommittee discussed
deficiencies found with the concerned institution personnel before departing
from the site.
(ii)
Requirement for immediate action. When an institution
is advised of deficiencies uncovered by an inspection subcommittee, it is
obligated to effect immediate correction of the deficiency or deficiencies.
Delay in effecting the required corrections will delay granting approval of
new facilities and may threaten continued approval of existing facilities.
(iii)
Suspension of authorization. Unnecessary delay in making
required correction(s) of deficiencies uncovered by inspection or reinspection
may, by majority vote of the board, result in denial or withdrawal of approval
of the facility and withholding or suspension of authorization to receive
and hold bodies. Shall an organization, institution, or individual object
to such determination by the board, it may request a hearing pursuant to §483.1
of this title (relating to Hearing Procedures).
(3)
Costs of inspection and reinspection. All costs attendant
on the program of inspection and reinspection shall be borne by the board.
§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.
(b)
Reporting of incidents. Whenever and wherever an individual(s)
or institution(s) authorized by this board to receive, hold, or dispose of
a body, or parts thereof, becomes aware of the possible abuse of a corpse,
the following actions shall be taken.
(1)
Reporting. The [
(2)
Investigation. A full and detailed confidential investigation
of the possible violation shall be conducted.
(3)
Final report. A full and detailed confidential final report
of the investigation shall be filed with the [
(c)
Committee of inquiry.
(1)
Composition of the committee. The committee of inquiry
required by this section shall be appointed by the [
(2)
Duties of the committee. The committee of inquiry shall
gather all of the acts relating to the possible violation of this section,
hear all witnesses who have knowledge of the possible violation, conclude
whether a violation has occurred or has not occurred, and file with the [
(3)
Confidentiality and due process. In that disciplinary actions
beyond those of institutional academic processes and/or criminal prosecution
may result from the hearings required by this section, it is essential that
all individuals involved be accorded due process during any hearings, and
that all actions taken under this section be held in confidence
, to the
extent allowed by law
.
(4)
Duties of the chief executive officer of the institution
concerned. In addition to the obligation of promptly appointing the second
member of the committee of inquiry, the chief executive officer of the institution
concerned is required to act on disciplinary recommendations contained in
the final report within 15 days of receipt of the final report, unless within
these 15 days the chief executive officer of the institution concerned shall
fail to agree with the findings and recommendations, and shall so advise the
[
(d)
Violation of this section. Any person having duties imposed
upon him by this section, and who shall fail, refuse, or neglect to properly
perform any such duty shall subject himself and/or the institution concerned
with revocation of the authorization from this board to receive, hold, or
dispose of human bodies, or parts thereof, said bodies or parts being under
the control of this board, or to such lesser penalty as the full board shall
determine.
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 July 3, 2000.
TRD-200004609
Dr. Andrew F. Payer, Ph.D.
Board's Secretary-Treasurer
Anatomical Board of the State of Texas
Earliest possible date of adoption: August 13, 2000
For further information, please call: (409) 772-1166
25 TAC §481.1
The Anatomical Board of the State of Texas (board) proposes
an amendment to § 481.1, concerning the willed body program. The proposed
amendment substitutes the term "secretary-treasurer" for "secretary" and corrects
a typographical error by changing the word "will" to "willed". The amendment
is proposed in response to the board's initial review of its rules as required
by Texas Government Code, § 2001.039 which requires agencies to review
their rules every four years.
Dr. Andrew F. Payer, Ph.D., the board's Secretary-Treasurer, has determined
that for the first five-year period the amendment is in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amended section.
Dr. Payer also has determined that for each year of the first five years
the amended section is in effect there will be neither public benefit nor
harm. The amendment is nonsubstantive. There will be no effect on small businesses.
There are no anticipated economic costs to persons who are required to comply
with the rule as proposed.
Comments on the proposed amendment may be submitted by mail to Andrew F.
Payer, Ph.D., Secretary-Treasurer, Anatomical Board of the State of Texas;
University of Texas Medical Branch; Galveston, Texas 77555-0846 or by email
to afpayer@utmb.edu for a period of 45 days from the date of publication of
this notice.
The amendment is proposed under Health and Safety Code, Chapter
692, which describes the procedures for making anatomical gifts.
The following sections of the Health and Safety Code are affected by the
proposed amendment: §§692.001-692.016.
§481.1.Statement of the Program.
Each authorized institution or organization which avails itself of
the options of conducting a willed body program should provide the secretary
-treasurer
of the board with a statement of its program. Those making
application for authorization for the first time should include a statement
of the provisional
willed
[
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 July 3, 2000.
TRD-200004610
Dr. Andrew F. Payer, Ph.D.
Board's Secretary-Treasurer
Anatomical Board of the State of Texas
Earliest possible date of adoption: August 13, 2000
For further information, please call: (409) 772-1166
Chairman
]
of the Board.
chairman
]
shall be elected from among the members of the board at the annual meeting
in odd-numbered years for a term of two years.
chairman
] of the
board shall be the chief executive officer of the board
and
[
, call its meetings,
] preside over all meetings of the board and of
its executive committee.
The chair
[
He
] shall represent
the board before legislative bodies, official boards, and in the business
of the board concerning public relations. Expenditures other than those related
to the ordinary conduct of the business of the board shall require the approval
of the
chair
[
chairman
].
chairman
] shall succeed to that office
for the remainder of the unexpired term, and if required, a new vice
chair
[
chairman
] will be elected by mail ballot to fill the
unexpired term.
as secretary
].
The secretary-treasurer
[
As secretary, he
] shall
. He shall
]
. He shall
]
. He shall perform such other
duties as may be directed by statute, the board or its executive committee.
]
(c)
Duties as executive secretary. As executive
secretary, he shall
]
.
]
(d)
Duties as treasurer. As treasurer, he
shall
]
. The treasurer shall
]
. Withdrawals of monies committed to savings shall only be withdrawn
]
chairman
]
;
[
. The treasurer shall
]
. He shall
]
and
perform such other duties as may be directed by the board or its
executive committee.
(e)
] Bonding and audit.
The
secretary-treasurer
[
As treasurer, he
] shall be bonded as
an individual in an amount not less than $10,000, costs of said bond to be
paid by the board. If so directed by the board or its executive committee,
the accounts of the board shall be audited by an expert accountant employed
by the board.
(f)
] Vacancy. In the event that
the office of secretary-treasurer is vacated, the executive committee shall
appoint an individual to perform the duties of the secretary-treasurer for
the remainder of the unexpired term.
other than as provided by Texas Civil Statutes Article 4583
].
Chapter 473.
EXECUTIVE COMMITTEE
Chairman
], the vice
chair
[
chairman
], and the[
,
] secretary-treasurer. It shall be authorized to transact all necessary
business of the board between meetings. Actions taken by the executive committee
shall be reported to the full board at its next meeting.
Chapter 475.
MEETINGS
executive secretary
] as best suited to the convenience
of the board. Thirty days written notice of the meeting shall be given to
all members by the
secretary-treasurer
[
executive secretary
].
chairman
], the
secretary-treasurer
[
executive
secretary
], the executive committee, or upon written request of representatives
of four member institutions. In such situations, the
secretary-treasurer
[
executive secretary
] shall set a time and a place for such
a special meeting and shall give each member of the board 10 days written
notice. Special meetings may be held by [
mail ballot or
] conference
call[
.
]
, if authorized by the Open Meetings Act.
chairman
] or the
secretary-treasurer
[
executive secretary
]. Such meetings may be held by conference
call[
.
]
, if authorized by the Open Meetings Act.
Chapter 477.
DISTRIBUTION OF BODIES
Texas Civil Statutes, Article 4584
], or donated under the Texas Anatomical Gift Act,
Health and Safety
Code, Chapter 692,
and over individuals, corporations, associations,
institutions, research organizations, or other legal entities authorized to
receive anatomical donations under
Chapters 691 or 692
[
Texas
Civil Statutes, Article 4584 or the Texas Anatomical Gift Act
].
mortician or
] ambulance service
,
or by
a public carrier authorized by the board
[
an authorized institution.
]. Violations may result in revocation of authorization to receive and
hold bodies.
'
] (Texas Penal Code 42.10).
approval
] by 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.
of the board
] the yearly cadaver procurement and use report
prescribed by the board. This report shall be filed not later than December
31 of each year for the prior annual period September 1 through August 31.
of the board
] the interim cadaver procurement
and use report prescribed by the board. This report shall be filed promptly,
and no later than the date of the annual meeting of the board, and shall cover
the period from September 1 through March 31.
by contacting Dr. Glenn V. Russell,
executive secretary of the board, Department of Anatomy,
] University
of Texas Medical Branch, Galveston, Texas
77555
[
77550
],
and are available for public inspection at the
office of the
Secretary
of
State
[
State's office
], Texas Register Division,
1019 Brazos Room 245
[
Sam Houston Building, Room 503E
], Austin,
Texas
78711
.
of the board.
]
(See Texas Civil Statutes,
Article 4590-2)
] shall incorporate the following:
executive
] secretary
-treasurer
of the Anatomical Board of the State of Texas. The name and address
of this individual may be obtained from the institution to which the body
was delivered and is listed in the Texas State Telephone Directory.
"
[
'
]
executive
] secretary
-treasurer
of the board have determined that an excess of bodies currently
exists in the
State
[
state
] of Texas.
"
Chapter 479.
FACILITIES: STANDARDS AND INSPECTIONS
of the board.
]
Upon acceptance of the report by a majority of the board, the secretary
-treasurer
shall notify the institution concerned of such approval of
its facilities and authorize it to receive and hold bodies.
executive
] secretary
-treasurer
[
of the board
] shall be promptly advised, in confidence,
of the possible violation.
executive
] secretary
-treasurer.
[
of the board.
] This report shall include the
allegations made, the facts found, the conclusions reached and the disciplinary
action recommended, if any.
executive
]
secretary
-treasurer
[
of the board
] after consultation
with the executive committee of the board. The committee shall consist of
a member of the board from an institution other than that concerned as
chair
[
chairman
], an individual to be named by the chief
executive officer of the institution concerned, and a third member selected
by the first two members and agreeable to both. Expenses of the
chair
[
chairman
] and the third member will be defrayed by the
Anatomical Board of the State of Texas.
executive
] secretary
-treasurer
[
of the board
]
a final report. If the committee finds that a violation has occurred, the
committee shall further determine whether it is a violation of academic processes,
of institutional discipline, and/or if it is possibly criminal in nature;
and shall make recommendations to be forwarded to the chief executive officer
of the institution concerned of the disciplinary action, including possible
criminal prosecution, deemed appropriate based on the facts found and the
conclusions reached. A copy of the final report shall be forwarded to the
chief executive officer of the institution concerned, and shall be reported
to the full board by the [
executive
] secretary
-treasurer
.
executive
] secretary
-treasurer
[
of the board
]
together with his reasons for disagreeing. Shall there be disagreement, the
[
executive
] secretary
-treasurer
[
of the board
]
shall promptly convene a meeting of the full board at the location of the
institution concerned to review the final report and the recommendations contained
therein, to hear the objections and recommendations of the chief executive
officer of the institution concerned, and to render a judgment on the action
that the full board propose that the chief executive officer of the institution
concerned should take together with the reasons therefor. Failure of the chief
executive officer of the institution concerned to take prompt action upon
these recommendations may cause the Anatomical Board to invoke subsection
(d) of this section.
Chapter 481.
WILLED BODY PROGRAM
will
] body program in its
application.
Chapter 483.
HEARING PROCEDURES