2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.034. Regulation and Registration of Persons and Institutions Using Bodies and Anatomical Specimens

Sec. 691.034.  REGULATION AND REGISTRATION OF PERSONS AND INSTITUTIONS USING BODIES AND ANATOMICAL SPECIMENS.  (a)  A willed body program or non-transplant anatomical donation organization may not operate in this state unless the program or organization registers with the commission in the form and manner prescribed by the commission.
(a-1)  To be eligible for registration under this section, a non-transplant anatomical donation organization must be accredited by the American Association of Tissue Banks under the association's Standards for Non-Transplant Anatomical Donation.  The commission may issue conditional registration to a non-transplant anatomical donation organization that is not yet accredited.
(a-2)  The commission shall inspect and may approve willed body programs and anatomical facilities for the receipt and use of bodies and anatomical specimens under this chapter.
(a-3)  The commission shall establish a process to periodically verify a non-transplant anatomical donation organization's compliance with the Standards for Non-Transplant Anatomical Donation published by the American Association of Tissue Banks.  The process:
(1)  may authorize the commission to inspect a non-transplant anatomical donation organization; and
(2)  may not:
(A)  be duplicative of the accreditation process described by Subsection (a-1); or
(B)  occur more frequently than once every five years.
(b)  The commission may investigate a willed body program, non-transplant anatomical donation organization, anatomical facility, or other person if the commission has reason to believe that the program, organization, facility, or person has improperly used a body or anatomical specimen.
(b-1)  The commission may inspect a non-transplant anatomical donation organization as part of an investigation described by Subsection (b).
(c)  The commission may suspend or revoke a willed body program's, non-transplant anatomical donation organization's, anatomical facility's, or other person's registration or other authorization to receive and use or dissect bodies or anatomical specimens if the commission determines that the program, organization, facility, or person has improperly used a body or anatomical specimen.
(d)  A willed body program, non-transplant anatomical donation organization, anatomical facility, or other person is entitled to a hearing before the commission or a hearing examiner appointed by the commission before the commission may revoke the program's, organization's, facility's, or person's registration or other authorization to receive and use or dissect bodies or anatomical specimens.  The commission shall make all final decisions to suspend or revoke an authorization.
(e)  A registered non-transplant anatomical donation organization must inform the commission within the time prescribed by commission rule if the organization loses its accreditation with the American Association of Tissue Banks.
(f)  A commission member or holder of any license issued by the commission may not hold an ownership interest in a registered non-transplant anatomical donation organization.
(g)  The commission shall adopt rules and procedures necessary to administer this section.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 624 (S.B. 1214), Sec. 8, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 1.20, eff. September 1, 2023.