25 TAC §477.4, §477.5
The Anatomical Board of the State of Texas (board), acting
through its Executive Committee, adopts 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). Notice of the proposed amendments
was published in the July 16, 2004, issue of the
Texas Register
(29 TexReg 6878). The amended sections are adopted without
changes to the proposed text and will not be republished.
The amendment to §477.4(a) makes clear 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.
Section 477.5(d) presently requires 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. The need to consider these
requests occurs too frequently to continue this practice. Accordingly, the
amendment grants authority to both the secretary-treasurer and the board to
approve other arrangements for the disposal of transferred bodies.
The Board received no comments regarding the amendments.
The amended sections are adopted under Health and Safety Code §691.007
which authorizes the Board to promulgate rules for its administration. The
amended sections are also adopted under Health and Safety Code §691.022(b).
The board interprets this section as requiring it to adopt rules to ensure
that bodies are treated with respect.
No other statutes, articles, or codes are affected by the amended sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on December 28, 2004.
TRD-200407510
Cue D. Boykin
Assistant Attorney General
Anatomical Board of the State of Texas
Effective date: January 17, 2005
Proposal publication date: July 16, 2004
For further information, please call: (512) 475-4239