An Act to encourage and aid the development of reconstructive medicine and surgery and the development of medico-surgical research by authorizing the licensing of tissue banks in the District of Columbia, by facilitating antemortem and postmortem donations of human tissue for tissue bank purposes, and for other purposes
PL 87-656 (S.2321), enacted 09/10/1962

534 
PUBLIC LAW 87-656-SEPT. 10, 1962 
[76 STAT. 
Report to Con-
gress. 
the furtherance of its functions. 
No powers or privileges hereby 
granted shall, however, interfere or conflict with established or vested 
rights. 
TRANSFER OF ASSETS 
SEC. 17* The corporation ma,j acquire the assets of the Sea (^adet 
Corps of America, a corporation organized under the laws of the 
State of Washington, upon discharging or satisfactorily providing 
for the payment and discharge of. all pf the liability of such corpora-
tion and upon complying with all laws of the State of Washington 
applicable thereto. 
ANNUAL REPORT 
SEC. 18. The corporation shall report annually to the Secretary of 
the Navy concerning its proceedings and activities for the preceding 
calendar years. The Secretary of the Navy shall communicate to 
Congress the whole of such reports, or such portion thereof as he 
shall see fit. 
RESERVATION OF RIGHT TO AMEND OR REPEAL CHAPTER 
SEC. 19. The right to alter, amend, or repeal this title is expressly 
reserved. 
Approved September 10, 1962. 
September 10, 1962 
[S. 2321] 
District of Co-
lumbia Tissue 
Bank Act. 
Public Law 87-656 
AN ACT 
To encourage and aid the development of reconstructive medicine and surgery and 
the development of medico-surgical research by authorizing the licensing of 
tissue banks in the District of Columbia, by facilitating antemortem and post-
mortem donations of human tissue for tissue bank purposes, and for other 
purposes. 
Be it enacted hy the SenMe and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "District of Columbia Tissue Bank Act". 
SEC. 2. STATEMENT OF POLICY AND PURPOSE.—Because of the rapid 
medical progress in the field of tissue preservation, tissue transplanta-
tion, and tissue culture, and because it is in the public interest to aid the 
development of this field of medicine, it is the policy and purpose of 
Congress in enacting this Act to encourage and aid the development 
of reconstructive medicine and surgery and the development of medico-
surgical research by providing for the licensing and regulation of 
tissue banks, and by facilitating antemortem and postmortem author-
izations for donations of tissue. 
SEC. 3. DEFINITIONS.—For the purposes of this Act, except where 
the context indicates a differeiit meaning— 
"Commissioners" means the Commissioners of the District of 
Columbia or their designated agent. 
"Donor" means any person who, in accordance with the provisions 
of this Act, bequeaths or donates his tissue for removal after death 
in furtherance of the purposes of this Act, and also means any 
deceased person whose tissue is donated or disposed of for the purposes 
of this Act. 
"Tissue" means any portion of the body of a dead human. 
"Tissue bank" means a facility for procuring, removing, and dispos-
ing of portions of bodies of dead humans for the purposes of recon-
structive medicine and surgery, and research and teaching in recon-
structive medicine and surgery. 
latlons. 
76 STAT. ] 
PUBLIC LAW 87-656-SEPT. 10, 1962 
535 
SEC, 4. TISSUE BANK LICENSES AND REGULATIONS.— (a) No person 
shall operate any tissue bank in the District of Columbia without a 
valid license issued pursuant to this Act. No such license shall be 
issued except to persons duly licensed or duly registered as physicians 
under the Healing Arts Practice Act of the District of Columbia (45 
Stat. 1326; title 2, ch. 1, D.C. Code, 1961 ed.) or to persons holding 
valid licenses to operate and maintain hospitals for humans pursuant 
to the Act entitled "An Act to regulate the establishment and mainte-
nance of private hospitals and asylums in the District of Columbia", 
approved April 20, 1908 (35 Stat. 64; D.C. Code, 1951 ed., title 32, 
ch. 3). 
(b) The Commissioners are authorized, after public hearing, to 
Rules and regu-
adopt and promulgate rules and regulations prescribing, without lim-
itation, (1) the terms and conditions under which a tissue bank license 
may be issued and renewed; (2) the fees to be paid for the issuance and 
renewal of such licenses; (3) the duration of such licenses; (4) the 
grounds for suspension and revocation of such licenses; (5) the opera-
tion of tissue banks; (6) the conditions under which tissue TUSLJ be 
processed, preserved, stored, and transported; and (7) the making, 
keeping, and disposition of records by tissue banks or oy other persons 
processing, preserving, storing, or transporting tissue. 
(c) The Commissioners may, after notice and hearing, deny, sus-
pend, or revoke any tissue bank license issued or applied for pursuant 
to this Act. 
(d) Any person aggrieved by any final decision or final order of 
the Commissioners denying, suspending, or revoking any tissue bank 
license or renewal thereof, issued or applied for under this Act, may 
obtain a review of such decision or ord^r in the municipal court of 
appeals for the District of Columbia, and may seek review by the 
United States Court of Appeals for the District of Columbia of any 
judgment of the municipal court of appeals entered pursuant to its 
review of any such decision or order, all in accordance with subsec-
tion (f) of section 7 of the Act approved April 1, 1942, as added 
by the Act approved August 31, 1954 (68 Stat. 1048; sec. 11-772, 
D.C. Code, 1951 ed.). 
(e) Except with respect to the provisions as to licensing, the pro-
visions of this Act, and the regulations made pursuant thereto, shall 
apply to Federal agencies situated in the District of Columbia, and 
to District of Columbia agencies. 
SEC. 5. PENALTIES.—Any person violating any provision of this 
A<Jt, or any regulation made pursuant to this Act, shall be fined not 
more than $300, or be imprisoned for not more than ninety days. 
Prosecution for violations of this Act and regulations made pursuant 
thereto shall be brought in the name of the District of Columbia. 
SEC. 6. DONATION or TISSUE.—(a) Any person who, under the law 
of the District of Columbia, has capacity to make a valid will, may 
by will, codicil, or any written statement donate his tissue for the 
purposes of this Act. 
Any person who, in accordance with this Act, 
donates his tissue may, but shall not be required to, designate the 
purpose for which his tissue is to be used. Any pfiysician or hospital 
validly operating a tissue bank shall have full authority to take the 
tissue so donated and use the same for the purposes enumerated in this 
Act. 
(b) No particular words shall be required for such person to donate 
his tissue, but any will, codicil, or written statement shall be liberally 
construed to effectuate the intent and purpose of the person desiring 
to donate his tissue for any purpose authorized by this Act. If, pur-
suant to this section or section 7, a person donates tissue by a written 
statement other than by a will or codicil, such statement shall be signed 
by him and be witnessed by two persons of legal age. 
536 
PUBLIC LAW 87-656-SEPT. 10, 1962 
[76 STAT . 
(c) A provision in any will, codicil, or written statement which 
donates tissue as provided by this Act shall become effective immedi-
ately upon the death of the testator or donor, and shall constitute the 
authority for any physician or hospital validly operating a tissue 
bank to remove said tissue. 
SEC. 7. TISSUE DONATIONS BY THOSE HAVING RIGHT TO BODY.—Any 
person having the right to a body for the purpose of burial may by a 
AVritten statement donate any tissue from such.body to any tissue bank, 
and in such written statement may designate the purpose or purposes 
for which such tissue is to be used. Such writing shall constitute full 
authority for the tissue bank to use such tissue for the purposes of this 
Act. 
SEC. 8. PERSONS ENTITLED IX> THE BODY.—For the purposes of this 
Act, the order of priority in which persons are entitled to the body for 
burial and who may donate tissue therefrom shall be the following: 
(a) The surviving spouse. 
(b) If there be no surviving spouse, or if the surviving spouse 
is incompetent, unavailable, or does not claim the body for burial, 
then an adult child, a parent, an adult brother, or an adult sister 
of the decedent. Any one of such persons may make such dona-
tion: Provided^ That tissue shall not be removed pursuant to a 
donation made by any one of such persons designated in this sub-
section if, before such tissue is removed, any one of such persons 
shall, in writing, notify the tissue bank which is to remove the 
tissue that he objects to such removal. 
(c) Any person whom the deceased during his lifetime desig-
nated by written instrument to take charge of his body for burial. 
(d) The person or agency who or which assumes custody of 
the body for burial, in any case in which the person designated 
as provided in paragraph (c) or all of the persons mentioned in 
paragraph (a) or (b) of this section have failed to claim the 
body. 
SEC. 9. OFFICE OF THE CORONER.— (a) The Commissioners are 
authorized to appoint such number of licensed physicians as they 
deem appropriate to~ perform such of the functions of the Coroner 
of the District of Columbia as the Commissioners shall prescribe. The 
Commissioners are authorized to fix the compensation of such physi-
cians at a rate or rates not in excess of the per diem equivalent of the 
maximum rate for grade 18 of the General Schedule of the Classifica-
Post, p- «4 3. 
tion Act of 1949, as amended. 
The Commissioners are further author-
ized, in their discretion, to accept the services of such physicians 
without compensation. 
(b) The Coroner of the District of Columbia may, in his discretion, 
allow tissue to be removed from any dead human body in his custody 
or under his jurisdiction: Provided^ That such tissue removal shall 
not interfere with other functions of the Office of the Coroner: Pro-
vided further^ That the person who, in accordance with section 8 of 
this Act, is entitled to the body for burial, shall first authorize such 
tissue removal. 
SEC. 10. MOVEMENT AND DISPOSITION OF TISSUE BY TISSUE BANKS.— 
Sections 675 and 676 of the Act entitled "An Act to establish a code 
of laws for the District of Columbia", approved March 3, 1901 (31 
Stat. 1296), as amended by the first section of the Act approved 
September 22, 1950 (64 Stat. 904; sec. 27-119a, D.C. Code, 1951 ed.), 
are amended (a) by striking, in the first sentence of such sections, the 
76 STAT. ] 
PUBLIC LAW 87-656-SEPT. 10, 1962 
537 
Avords "remove, transport,'"; (b) by inserting immediately after 
"designate," in such first sentence the following: "or to remove from 
place to place, or transport, the dead body, or any part thereof, of a 
human being, except''; and (c) by inserting immediately after such 
first sentence of such sections the following: "Notwithstanding the 
provisions of the preceding sentence, the Commissioners may, in their 
discretion, by regulation authorize (a) tissue banks operating pur-
suant to the District of Columbia Tissue Bank Act or (b) other 
persons subject to regulations made pursuant to such Act, or both, to 
remove, transport, and dispose of tissue taken from such dead body 
without such permit." 
SEC. 11. REMOVAL OF TISSUE IMMEDIATELY AFTER DEATH.—Section 
()88 of the Act entitled "An Act to establish a code of laws for the 
District of Columbia", approved March 3, 1901 (31 U.S.C. 1298; sec. 
3i stat. i298. 
27-125, D.C. Code, 1951 ed.), is amended by adding at the end thereof 
tlie following: "Notwithstanding the provisions of this section, when-
ever any person is pronounced dead by a physician duly licensed or 
duly registered under the Plealing Arts Practice Act of the District of 
(Wumbia (45 Stat. 1326; title 2, ch. 1, D.C. Code, 1951 ed.), tissue 
donated in accordance with the provisions of the District of Columbia 
Tissue Bank Act may be removed by or under the supervision of a 
person licensed under the authority of section 4 of such Act for preser-
vation in a tissue bank operating pursuant to such Act, without regard 
for any time limitation, or for any permit or certificate requirement, 
established by this section: Provided^ That with respect to a dead 
human body in the custody of the Coroner or under his jurisdiction, 
no tissue shall be removed therefrom for preservation except with 
the specific approval of the Coroner in each case." 
SEC. 12. EXEMPTION OF LICENSED UNDERTAKERS FROM ACT.—Nothing 
in this Act shall be construed (1) to prohibit undertakers licensed 
pursuant to paragraph 44A of section 7 of the Act entitled "An Act 
making appropriations to provide for the expenses of the government 
of the District of Columbia for the fiscal year ending June 30, 1903, 
and for other purposes", approved July 1, 1902, as amended (61 Stat. 
711; sec. 47-2344a, D.C. Code, 1951 ed.), from discharging their duties, 
or (2) to prohibit or affect in any way the authority, duties, rights, or 
obligations vested, imposed, or granted by the Act entitled "An Act 
for the promotion of anatomical science and to prevent the desecra-
tion of graves in the District of Columbia", approved April 29, 1902 
(32 Stat. 173, D.C. Code, 1951 ed., title 2, ch. 2). 
SEC. 13. COORDINATION OF ACT W I T H REORGANIZATION PLAN No. 5.— 
Nothing in this Act shall be construed so as to affect the authority 
vested in the Board of Commissioners of the District of Columbia by 
Reorganization Plan Numbered 5 of 1952 (66 ^tat. 824). The per- 
D. C. code^tuie 
formance of any function vested by this Act in the Board of Commis- ^ ^PP-
sioners or in any office or agency under the jurisdiction and control of 
said Board of Commissioners may be delegated by said Board of Com-
missioners in accordance with section 3 of such plan. 
SEC. 14. EFFECTIVE DATE.—This Act, except section 4, shall take 
effect upon approval. Section 4 shall take effect sixty days after the 
Commissioners have initially promulgated regulations pursuant to 
such section. 
Approved September 10, 1962.