CHAPTER 691. ANATOMICAL BOARD OF THE STATE OF TEXAS - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 8. DEATH AND DISPOSITION OF THE BODY

SUBTITLE B. DISPOSITION OF THE BODY

CHAPTER 691. ANATOMICAL BOARD OF THE STATE OF TEXAS

SUBCHAPTER A. ORGANIZATION OF ANATOMICAL BOARD OF THE STATE OF

TEXAS

Sec. 691.001. DEFINITIONS. In this chapter:

(1) "Board" means the Anatomical Board of the State of Texas.

(2) "Body" means a human corpse.

(3) "Anatomical specimen" means a part of a human corpse.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 948, Sec. 1, eff. Sept. 1,

2003.

Sec. 691.002. COMPOSITION OF BOARD. (a) The Anatomical Board

of the State of Texas is composed of one representative from each

school or college of chiropractic, osteopathy, medicine, or

dentistry incorporated in this state.

(b) On March 1 of each odd-numbered year, the chief executive

officer of each institution described by Subsection (a) shall

appoint as the institution's representative on the board one

professor of surgery or of basic anatomical sciences who is

associated with the institution.

(c) Appointments to the board shall be made without regard to

the race, creed, sex, religion, or national origin of the

appointees.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 691.004. LOBBYIST RESTRICTIONS. A person may not serve as

a member of the board or act as the general counsel to the board

if the person is required to register as a lobbyist under Chapter

305, Government Code, because of the person's activities for

compensation on behalf of a profession related to the operation

of the board.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 691.005. REMOVAL OF BOARD MEMBER. (a) It is a ground for

removal from the board if a member:

(1) does not have at the time of appointment the qualifications

required by Section 691.002(a) for appointment to the board;

(2) does not maintain during the service on the board the

qualifications required by Section 691.002(a) for appointment to

the board;

(3) violates a prohibition established by Section 691.004;

(4) cannot discharge the member's duties for a substantial

portion of the term for which the member is appointed because of

illness or disability; or

(5) is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during any

two calendar years, unless the absence is excused by a majority

of the board members.

(b) The validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a member

of the board exists.

(c) If the secretary-treasurer of the board believes that a

potential ground for removal exists, the secretary-treasurer

shall notify the chairman of the board of that ground. The

chairman shall notify the chief executive officer of the

institution represented by that member that a potential ground

for removal exists.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 691.006. REIMBURSEMENT. A board member is not entitled to

compensation but is entitled to reimbursement for actual travel

expenses incurred in serving on the board.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 691.007. MINUTES; RECORDS. (a) The board may adopt rules

for its administration.

(b) The board shall keep complete minutes of its transactions.

(c) The board shall keep identification records of each body

donated to the board and of each body or anatomical specimen

distributed by the board.

(d) A board member or a district or county attorney may at any

time inspect minutes or records required under this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 948, Sec. 2, eff. Sept. 1,

2003.

Sec. 691.008. FEES; REPORTS; AUDITS. (a) The board may set and

collect reasonable and necessary fees for receiving and

distributing bodies and anatomical specimens.

(b) The secretary-treasurer of the board may deposit fees

collected under this section in local accounts outside the state

treasury.

(c) The board shall file annually with the governor and the

presiding officer of each house of the legislature a complete and

detailed written report accounting for all funds received and

disbursed by the board during the preceding year. The form of the

annual report and the reporting time are as provided by the

General Appropriations Act.

(d) The financial transactions of the board are subject to audit

by the state auditor in accordance with Chapter 321, Government

Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 210, eff. Sept. 1,

1991; Acts 2003, 78th Leg., ch. 948, Sec. 3, eff. Sept. 1, 2003.

Sec. 691.009. INFORMATION TO MEMBERS AND EMPLOYEES. The board

shall provide to its members and employees, as often as

necessary, information regarding their qualifications under this

chapter and their responsibilities under applicable laws relating

to standards of conduct for state officers or employees.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 691.010. PUBLIC INFORMATION AND PARTICIPATION; COMPLAINTS.

(a) The board shall prepare information of public interest

describing the functions of the board and the board's procedures

by which complaints are filed with and resolved by the board. The

board shall make the information available to the public and

appropriate state agencies.

(b) The board by rule shall establish methods by which service

recipients can be notified of the name, mailing address, and

telephone number of the board for the purpose of directing

complaints to the board. The board may provide for that

notification by including the information on each written

contract relating to bodies willed or donated to an entity

regulated by the board or authorized by the board to receive

bodies.

(c) The board shall keep an information file about each

complaint filed with the board relating to its functions. If a

written complaint is filed with the board relating to a person or

an entity regulated by the board, the board, at least as

frequently as quarterly and until final disposition of the

complaint, shall notify the parties to the complaint of the

status of the complaint unless notice would jeopardize an

undercover investigation.

(d) The board shall develop and implement policies that provide

the public with a reasonable opportunity to appear before the

board and to speak on any issue under the jurisdiction of the

board.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER B. DONATION AND DISTRIBUTION OF BODIES AND ANATOMICAL

SPECIMENS

Sec. 691.021. DEFINITION. In this subchapter, "political

subdivision" means a municipality, county, or special district.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 691.022. GENERAL DUTIES. (a) The board shall distribute

bodies and anatomical specimens to institutions authorized to

receive them.

(b) The board shall adopt rules to ensure that each body and

anatomical specimen in the custody of the board or an institution

represented on the board is treated with respect.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 948, Sec. 5, eff. Sept. 1,

2003.

Sec. 691.023. DUTY TO DELIVER CERTAIN BODIES TO BOARD. (a) An

officer, employee, or representative of the state, of a political

subdivision, or of an institution having charge or control of a

body not claimed for burial or a body required to be buried at

public expense shall:

(1) notify the board or the board's representative of the body's

existence when the body comes into the person's possession,

charge, or control if notified in writing to do so by the board

or the board's representative;

(2) deliver the body in accordance with the direction of the

board; and

(3) allow the board, the board's representative, or a physician

designated by the board who complies with this chapter to remove

the body to be used for the advancement of medical science.

(b) If the board does not require a political subdivision or

agency of the political subdivision to deliver a body under this

section, the political subdivision shall pay all costs of

preparation for burial, including costs of embalming.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 691.024. PERSONS WHO MAY CLAIM BODY FOR BURIAL. (a) An

officer, employee, or representative of the state, of a political

subdivision, or of an institution is not required to give notice

or deliver a body as required by Section 691.023 if the body is

claimed for burial.

(b) A relative, bona fide friend, or representative of an

organization to which the deceased belonged may claim the body

for burial. The person in charge of the body shall release the

body to the claimant without requiring payment when the person is

satisfied that the claimed relationship exists.

(c) A claimant alleging to be a bona fide friend or a

representative of an organization to which the deceased belonged

must present a written statement of the relationship under which

the claimant qualifies as a bona fide friend or organization

representative.

(d) For purposes of this section, a bona fide friend means a

person who is like one of the family, and does not include:

(1) an ordinary acquaintance;

(2) an officer, employee, or representative of the state, of a

political subdivision, or of an institution having charge of a

body not claimed for burial or a body required to be buried at

public expense;

(3) an employee of an entity listed in Subdivision (2) with

which the deceased was associated; or

(4) a patient, inmate, or ward of an institution with which the

deceased was associated.

(e) A person covered by Subsection (d) may qualify as a bona

fide friend if the friendship existed before the deceased entered

the institution.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 691.025. PROCEDURE AFTER DEATH. (a) If a body is not

claimed for burial immediately after death, the body shall be

embalmed within 24 hours.

(b) For 72 hours after death, the person in charge of the

institution having charge or control of the body shall make due

effort to find a relative of the deceased and notify the relative

of the death. If the person is not able to find a relative, the

person shall file with the county clerk an affidavit stating that

the person has made a diligent inquiry to find a relative and

stating the inquiry the person made.

(c) A body that is not claimed for burial within 48 hours after

a relative receives notification shall be delivered as soon as

possible to the board or the board's representative.

(d) A relative of the deceased may claim the body within 60 days

after the body has been delivered to an institution or other

entity authorized to receive the body. The body shall be released

without charge.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 691.026. BODY OF TRAVELER. If an unclaimed body is the

body of a traveler who died suddenly, the board shall direct the

institution receiving the body to retain the body for six months

for purposes of identification.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 691.027. AUTOPSY. Only the board may grant permission to

perform an autopsy on an unclaimed body. The board may grant

permission after receiving a specific request for an autopsy that

shows sufficient evidence of medical urgency.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 691.028. DONATION OF BODY BY WRITTEN INSTRUMENT. (a) An

adult living in this state who is of sound mind may donate his

body by will or other written instrument to the board, a medical

or dental school, or another donee authorized by the board, to be

used for the advancement of medical science.

(b) To be effective, the donor must sign the will or other

written instrument and it must be witnessed by two adults. The

donor is not required to use a particular form or particular

words in making the donation, but the will or other instrument

must clearly convey the donor's intent.

(c) Appointment of an administrator or executor or acquisition

of a court order is not necessary before the body may be

delivered under this chapter.

(d) A donor may revoke a donation made under this section by

executing a written instrument in a manner similar to the

original donation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 948, Sec. 6, eff. Sept. 1,

2003.

Sec. 691.029. AUTHORITY TO ACCEPT BODIES FROM OUTSIDE THE STATE.

The board may receive a body transported to the board from

outside this state.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 691.030. BOARD'S AUTHORITY TO DISTRIBUTE BODIES AND

ANATOMICAL SPECIMENS. (a) The board or the board's

representative shall distribute bodies donated to it and may

redistribute bodies donated to medical or dental schools or other

donees authorized by the board to schools and colleges of

chiropractic, osteopathy, medicine, or dentistry incorporated in

this state, to physicians, and to other persons as provided by

this section.

(b) In making the distribution, the board shall give priority to

the schools and colleges that need bodies for lectures and

demonstrations.

(c) If the board has remaining bodies, the board or the board's

representative shall distribute or redistribute those bodies to

the schools and colleges proportionately and equitably according

to the number of students in each school or college receiving

instruction or demonstration in normal or morbid anatomy and

operative surgery. The dean of each school or college shall

certify that number to the board when required by the board.

(d) The board may transport a body or anatomical specimen to an

authorized recipient in another state if the board determines

that the supply of bodies or anatomical specimens in this state

exceeds the need for bodies or anatomical specimens in this state

and if:

(1) the deceased donated his body in compliance with Section

691.028 and at the time of the donation authorized the board to

transport the body outside this state; or

(2) the body was donated in compliance with Chapter 692A and the

person authorized to make the donation under Section 692A.009

authorized the board to transport the body outside this state.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 948, Sec. 7, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

186, Sec. 3, eff. September 1, 2009.

Sec. 691.031. TRANSPORTATION OF BODIES; RECORDS. (a) The board

shall adopt rules to ensure that each body or anatomical specimen

received or distributed by the board is properly transported.

(b) The board may employ a public carrier to transport bodies or

anatomical specimens received or distributed by the board.

(c) Each body or anatomical specimen shall be carefully

deposited and transported with the least possible public display.

(d) A person or institution who sends a body or anatomical

specimen under this chapter shall keep on permanent file a

description of the body or anatomical specimen that includes the

deceased's name, if known, color, sex, age, place and supposed

cause of death, and any other information available for

identification of the body or anatomical specimen, such as the

existence of scars or deformities.

(e) The sender shall mail or otherwise safely convey to the

person or institution to whom the body is sent a copy of the

description required by Subsection (d). The person or institution

receiving the body or anatomical specimen shall immediately and

safely transmit to the sender a receipt containing the full terms

of the description furnished by the sender.

(f) The sender and receiver of each body or anatomical specimen

shall file the records required under this section in accordance

with board rules so that the board or a district or county

attorney may inspect the records at any time.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 948, Sec. 8, eff. Sept. 1,

2003.

Sec. 691.032. COSTS OF DISTRIBUTION. A person or institution

receiving a body or anatomical specimen under this chapter shall

pay in a manner specified by the board, or as otherwise agreed

on, all costs incurred in distributing the body or anatomical

specimen so that the state, a county, a municipality, or an

officer, employee, or representative of the state, a county, or a

municipality does not incur any expense.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 948, Sec. 9, eff. Sept. 1,

2003.

Sec. 691.033. USE OF BODIES AND ANATOMICAL SPECIMENS. (a) To

further medical science, a school, college, or person designated

by the board may dissect, operate on, examine, and experiment on

a body or anatomical specimen distributed under this chapter.

(b) A school, college, or person shall keep a permanent record

of each body or anatomical specimen received from the board or

the board's representative. The record must be sufficient to

identify the body or anatomical specimen and may be inspected by

the board or the board's representative.

(c) A law relating to the prevention of mutilation of a body

does not apply to a dissection, operation, examination, or

experiment performed under this section.

(d) To aid prosecutions under Section 42.08, Penal Code, the

board shall adopt rules that clearly state the activities that

are authorized by the board in relation to the dissection of a

body.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.42, eff. Sept.

1, 1995; Acts 2003, 78th Leg., ch. 948, Sec. 10, eff. Sept. 1,

2003.

Sec. 691.034. REGULATION OF PERSONS AND INSTITUTIONS USING

BODIES AND ANATOMICAL SPECIMENS. (a) The board shall inspect

and may approve institutions for the receipt and use of bodies

and anatomical specimens under this chapter.

(b) The board may investigate a person or institution if the

board has reason to believe that the person or institution has

improperly used a body or anatomical specimen.

(c) The board may suspend or revoke a person's or institution's

authorization to receive and dissect bodies or anatomical

specimens if the board determines that the person or institution

has improperly used a body or anatomical specimen.

(d) A person or institution is entitled to a hearing before the

board or a hearing examiner appointed by the board before the

board may revoke the person's or institution's authorization to

receive and dissect bodies or anatomical specimens. The board

shall make all final decisions to suspend or revoke an

authorization.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 948, Sec. 11, eff. Sept. 1,

2003.

Sec. 691.035. CRIMINAL PENALTY. (a) A person commits an

offense if the person has a duty imposed under this chapter and

refuses, neglects, or omits to perform the duty as required by

this chapter.

(b) An offense under this section is punishable by a fine of not

less than $100 or more than $500.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.