Oklahoma Administrative Code, Title 50 — Anatomical Board of the State of Oklahoma

Chapter 1 Administrative Operations

Subchapter 1 Purpose and Membership

Okla. Admin. Code § 50:1-1-1 Purpose

The rules of this chapter have been adopted for the purpose of complying with the provisions of the Administrative Procedures Act, 75 O.S., Sections 250 et seq. The Board shall administer its powers, conduct its business and adopt rules and regulations in a manner consistent with the laws of the State of Oklahoma.

Okla. Admin. Code § 50:1-1-2 Statutory members

The State Anatomical Board, hereinafter called the Board, is composed of the following members: The deans or their designee of each accredited medical school and osteopathic medical school within the State of Oklahoma, the persons heading the Department of Anatomy, or comparable department , in the medical and osteopathic medical schools or their designee; two (2) persons appointed jointly by the presidents of institutions of higher education within the state which have educational programs other than medical, and which require on a regular basis human Anatomical materials, provided that these programs have been approved by the State Regents for Higher Education; and one at-large member appointed by the Governor to represent the interests of the citizens of this state.

History

• Amended at 17 Ok Reg 2274, eff 6-26-00
• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Subchapter 3 Meetings

Okla. Admin. Code § 50:1-3-1 Frequency

The Board shall meet at least twice each year. The Board may call other meetings when deemed necessary.

History

• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:1-3-2 Agenda

The executive director of the Board, in conjunction with the Chairperson, shall prepare the agenda for meetings of the Board; any member may introduce items of business at any meeting of the Board.

History

• Amended at 17 Ok Reg 2274, eff 6-26-00
• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:1-3-3 Conducting meetings

All Board meetings shall be held in compliance with the Oklahoma Open Meeting Act. Notice of all meetings will be published according to State law. An affirmative vote by a simple majority of the members in attendance shall be necessary to pass all motions presented before the Board meeting. At all meetings of the Anatomical Board, a simple majority of the membership shall constitute a quorum. Minutes of all meetings shall be kept in accordance with the State law in the office of the executive director and shall be open for inspection.

History

• Amended at 17 Ok Reg 2274, eff 6-26-00
• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Subchapter 5 Officers

Okla. Admin. Code § 50:1-5-1 Chairperson

The Board shall elect from its membership a chairperson who will serve for a two (2) year term of office, and may be reelected for more than one term. The Chairperson of the Board shall preside at all meetings of said Board. In the absence of the Chairperson, it shall be the duty of the executive director to perform the duties and functions of the Chairperson.

History

• Amended at 17 Ok Reg 2274, eff 6-26-00
• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:1-5-2 Executive Director

The Chairperson, subject to approval by members of the Board, shall appoint the executive director. The executive director shall manage the day to day activities of the Board, work closely with the Board to establish and carry out Board Policy, prepare and submit the annual budget, prepare and submit contracts for services, prepare and submit claims for payment, attend meetings as a representative of the Board, and any other appropriate duties as requested by the Board.

History

• Amended at 17 Ok Reg 2274, eff 6-26-00
• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Subchapter 7 Power and Authority

Okla. Admin. Code § 50:1-7-1 Duties

It shall be the duty of the Board to register all donor programs and non-transplant tissue banks as well as approve programs, institutions, and individuals using anatomical specimen and oversee the collection, preservation, storage, distribution, delivery, recovery from users, cremation and final disposition of all dead human bodies used for health sciences education and research.

History

• Amended at 17 Ok Reg 2274, eff 6-26-00
• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:1-7-2 Establishing rules

The Board shall have full power to establish rules and regulations for its governance, and to appoint and remove officers. Records shall be kept, under the Board's direction, of all bodies received and distributed by said Board, and of the institutions to which the bodies may be distributed, the minutes and records shall be open at all times to the inspection of each member of said Board or any county attorney within this State.

Okla. Admin. Code § 50:1-7-3 Exempting institutions

The Board may, in its discretion, exempt any county, district, or institution from the provisions of this Title in any calendar year for any length of time.

Okla. Admin. Code § 50:1-7-4 Jurisdiction

(a) The Board exercises jurisdiction over bodies willed or donated to the Board or the Board's Agent, medical, dental or chiropractic schools, or other donees authorized by the Oklahoma Uniform Anatomical Gift Act. The Board also exercises jurisdiction over individuals, corporations, associations, institutions, research organizations, or other legal entities authorized by the Oklahoma Uniform Anatomical Gift Act to receive whole bodies or body parts.

(b) The Board lacks jurisdiction over:

(1) parts of human bodies used for transplantation or other direct medical therapy;

(2) skeletal material or other prepared specimens obtained from commercial sources; and

(3) individuals in possession of parts or skeletal material or specimens described in subparagraphs (A) and (B) of this paragraph.

History

• Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Subchapter 9 Hearing Practices and Procedures

Okla. Admin. Code § 50:1-9-1 Setting hearings

(a) The Board may hold hearings on any matters within its jurisdiction. The Board shall not suspend, revoke, non-renew or otherwise sanction a registered donor program or non-transplant tissue bank until after a hearing before the Board. Such hearings shall be conducted as an individual proceeding in accordance with the provisions of the Oklahoma Administrative Procedures Act and the rules and statutes of the Board.

(b) An individual proceeding shall not be required for the issuance or denial of a new registration.

(c) The Board may dispose of any individual proceeding by stipulation, agreed settlement, consent order or default.

History

• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:1-9-2 Notice of hearing

Notice of all hearings shall be given by the Board not less than ten days in advance thereof to all parties. All hearings shall be open to the public. The notice of hearing shall contain the following information:

(1) The time and place of hearing;

(2) A statement of the matters to be considered threat;

(3) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(4) A short plain statement of the matters asserted. If such statement of the issues is not sufficient, upon application a more definite and detailed statement will be furnished;

(5) A reference to the particular sections of the statutes and/or Rules involved.

History

• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:1-9-3 Witnesses and right to counsel

The Board shall have the power to subpoena witnesses and administer oaths, or to subpoena documentary evidence in any cause before it. All subpoenas shall be served in the manner as if issued from district court. Any party to a hearing before the Board shall have the right to have subpoenas issued to any witnesses in its behalf. Any party shall have the right to appear in person and by counsel, provided, however, that such counsel representing the party must be duly licensed to practice law by the Supreme Court of Oklahoma and may be present during the giving of evidence, may have a reasonable opportunity to examine and inspect all documentary evidence, may examine witnesses, and present evidence in his own behalf.

History

• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:1-9-4 Rules of evidence

The formal rules of pleading and evidence need not be observed. Documentary evidence may be received in the form of copies or experts if the original is not readily available and upon request, a party shall be given an opportunity to compare the copy with the original. Notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the specialized knowledge of the Board. The Board's experience, technical competence and specialized knowledge shall be utilized in the evaluation of evidence.

Okla. Admin. Code § 50:1-9-5 Transcript of hearing

Upon written request seasonably made by any person affected by the hearing, and at such person's expense, a full stenographic record of the proceedings shall be made by a competent court reporter. When such transcription shall be made a part of the record of the Board, any other person having a direct interest therein shall be furnished with a copy of such stenographic record at his expense. The record in any hearing shall include the following:

(1) All pleadings, motions and intermediate rulings;

(2) All evidence received or considered including a statement of matters officially noted;

(3) Questions or offers of proof, objections and rulings thereon;

(4) Proposed findings and exceptions;

(5) The decision, opinion, report or order of the Board.

Okla. Admin. Code § 50:1-9-6 Findings of fact

All findings of fact shall be based exclusively on the evidence presented and on matters officially noticed. A final order adverse to a party in an individual proceeding shall be in writing and shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, upon request, a party submits proposed findings of facts, the order shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any order. Upon request, a copy of the order shall be delivered or mailed forthwith to each party and to his attorney of record.

History

• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:1-9-7 Rehearings

(a) At the discretion of the Board a rehearing may be granted to any party if a written request is made therefor within ten days after any order is mailed or delivered to the person entitled to receive same. In the request for rehearing the party shall set forth one or more of the following grounds:

(1) Newly discovered or newly available evidence relevant to the issues;

(2) Need for additional evidence adequately to develop the facts essential to proper decision;

(3) Probable error committed by the Board in the proceedings or in its decision such as would be grounds for reversal on judicial review of the order;

(4) Need for further consideration of the issues and the evidence in the public interest; or

(5) A showing that issues not previously considered ought to be examined in order to properly dispose of the matter.

(b) Nothing in the rules of this Chapter shall prevent the Anatomical Board from rehearing, reopening or reconsidering any matter in accordance with other statutory provisions applicable to the Board, or at any time, on the grounds of fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious evidence. On rehearing the hearing shall be confined to those grounds upon which the rehearing was granted.

Okla. Admin. Code § 50:1-9-8 Appeals

Appeals shall be taken from orders of the Anatomical Board. Any order made pursuant to a hearing shall be made within thirty days after the termination of the hearing or any rehearing thereof. Such time may be extended by stipulation.

History

• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Chapter 10 Anatomical Specimens

Subchapter 1 General Provisions

Okla. Admin. Code § 50:10-1-1 Purpose

The rules of this chapter have been adopted for the purpose of complying with the provisions of the Administrative Procedures Act, 75 O.S., Section 250 et seq.

Okla. Admin. Code § 50:10-1-2 Application of rules

The rules of this Chapter apply to all dead human bodies (anatomical specimens) or parts thereof, received and approved by the Board or the Board's Agent to be used for health science education, research, or surgical studies in the State of Oklahoma. The anatomical specimens shall come under complete jurisdiction of the Board.

History

• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-1-3 Documents for receiving anatomical specimens

The following documents, or information enabling the Board or the Board's Agent to obtain documents, shall be provided to the Board or the Board's Agent with each anatomical specimen:

(1) Death certificate

(2) Copy of body donation form (if applicable)

(3) Cremation permits

History

• Amended at 17 Ok Reg 2275, eff 6-26-00
• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-1-4 Documents for issuing anatomical specimens

Anatomical specimens distributed to authorized institutions are to be accompanied by a Document of Issuance. This document is to be kept at the institution on file until the specimen is returned to the Board or the Board's Agent.

History

• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-1-5 Cremation and disposition

(a) Following research, educational, or surgical studies, all anatomical specimens shall be cremated in facilities and methods approved by the Board. The cremains shall be interred or scattered in a manner approved by the Board.

(b) Cremains may be returned to next of kin for private disposition if so requested in writing at the time of body donation or prior to cremation. Disposition of cremains is determined by the donor on the donation form unless the next of kin requests a change in disposition. Priority to change disposition is given first to the spouse, then as follows: the adult children, either parent, an adult brother or sister. All individuals of a class must agree with the change in disposition.

(c) In no event may cremated remains be disposed in or as general institutional wastes.

(d) Cremation. Cremation shall occur at a professional crematorium or at the Board-member institution in its own crematory.

(1) Cremation at a professional crematorium. If a professional crematorium is utilized, the crematory must be licensed by the Oklahoma Funeral Board or relevant state licensing board.

(2) Cremation at a Board-member institution. An institution may operate its own crematory. The crematory shall be under the direct control of the Department of Anatomy or the institution's department to which the anatomical program is attached and may be used for no purpose other than the cremation of human remains.

(e) Return of Cremated Remains. If cremated remains are to be returned to family members, the crematory must be completely cleaned before cremation, and the body must be cremated alone.

History

• Amended at 17 Ok Reg 2275, eff 6-26-00
• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-1-6 Not returned without cremation

Under no circumstance shall a body utilized as an anatomical specimen be viewed or returned to friends, relatives, or fraternal or charitable organizations without first being cremated.

Okla. Admin. Code § 50:10-1-7 Persons who may donate

The persons who may donate and the procedures for making, amending or revoking an anatomical gift are set forth in the Oklahoma Uniform Anatomical Gift Act.

History

• Added at 17 Ok Reg 2275, eff 6-26-00
• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-1-8 The right to accept or reject a body

The Board or the Board's Agent may accept or reject a body, either donated or unclaimed, if it is not suitable for anatomical study or if there is not a need. The Board or the Board's Agent may reject a body if any of the following apply:

(1) certain contagious diseases;

(2) prior autopsy;

(3) decomposition and/or bed sores;

(4) obesity;

(5) skin and/or bone are donated to another program;

(6) amputation;

(7) recent unhealed surgeries and/or open wounds; or

(8) aspirated by a funeral home prior to embalming.

History

• Added at 17 Ok Reg 2275, eff 6-26-00
• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-1-9 Payment for professional services

The Board may set a reimbursement rate for professional services provided by a funeral home.

History

• Added at 17 Ok Reg 2275, eff 6-26-00

Okla. Admin. Code § 50:10-1-10 Death of a registered donor outside of Oklahoma

If an individual who has registered as a donor with the Board or the Board's Agent should die in another State, the donation shall be considered null and void unless the Board or the Board's Agent determines there is a need for the body. In such instances, the survivors must pay all costs related to embalming and transporting the body to the facility designated by the Board.

History

• Added at 17 Ok Reg 2275, eff 6-26-00
• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-1-11 No funeral or service or viewing

Neither the Board nor the Board's Agent shall pay any charges associated with a funeral service or viewing, and shall not provide viewing facilities. Should survivors request a funeral service or viewing, survivors must obtain approval from the Board, make all arrangements, and pay all costs associated with said service or viewing.

History

• Added at 17 Ok Reg 2275, eff 6-26-00
• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-1-12 Programs or individuals receiving anatomical specimen

The Board must approve all programs or individuals that wish to receive or use anatomical specimens for research, teaching or clinical skills training. This includes donation programs as well as institutions or individuals using full bodies or body parts as anatomical specimens. Initial requests to use cadavers must be submitted in writing and contain all documents and information required by the Board. After approval by the Board, the requesting institution or individual must submit their requests at least one week prior to the date the specimen is required.

History

• Added at 17 Ok Reg 2275, eff 6-26-00
• Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-1-12.1 Institutions eligible for registration or who may request bodies for use

Institutions or organizations that may be authorized by the Board to receive and hold bodies or parts thereof include, but is not limited to, accredited medical schools or colleges, dental schools or colleges, health science centers, hospitals, schools of mortuary science, chiropractic schools or colleges, osteopathic medical schools or colleges. Transplant tissue banks receiving donations may only transfer those donations to institutions in approved categories. Anatomical donor programs and/or non-transplant tissue banks may be considered for approval on an individual basis and must be justified by a compelling need to increase the number of such entities within the state.

History

• Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-1-13 Cadaver use fee

(a) The Board's Agent will charge the institution or individual requesting anatomical specimens a Cadaver Use Fee approved by the Board, which shall be based upon the average cost, per specimen of operating the Agent including, but not limited to, supplies, embalming, transportation, cremation and utilities.

(b) Penalty for failure to remit fees. The authority to receive and hold bodies may be revoked upon failure to transmit such fees. Revocation is automatic if the institution fails to pay the fees under protest after the determination by the executive director that no fee has been received within 30 days after final warning to the delinquent organization, institution, or individual. Fees paid under protest may be contested by a hearing.

History

• Added at 17 Ok Reg 2275, eff 6-26-00
• Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-1-14 Board forms

(a) Yearly cadaver procurement and use report. The Agent(s) of the Board which has received, directly or by transfer, and/or used a body during the prior year shall complete, sign and file with the executive director the yearly cadaver procurement and use report prescribed by the Board due by August 1 of each year for the prior academic year period of July 1 through June 30.

(b) Obtaining forms. Copies of the State Anatomical Board forms, and yearly cadaver procurement and use report, may be obtained from the executive director and are available for public inspection at the office of the State Anatomical Board.

(c) Registrants must provide annual statistical reports due by February 1 of each year for the prior annual period of January 1 through December 31. The reports shall include:

(1) number of pre-registered self-consent donors on file;

(2) total number of donations received broken down by number of self-consent donations and next-of-kin donations made after death;

(3) number of donations by referral source;

(4) number of specimens distributed by:

(A) type of recipient;

(B) type of use (education or research); and

(C) location of recipient (in-state, national, international).

(5) number of cremations processed; and

(6) number of cremated remains returned to family and number of cremated remains scattered.

History

• Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-1-15 Desecration of a human corpse

(a) Dissection in an authorized institution by authorized persons is specifically exempted from the Oklahoma criminal statute prohibiting desecration of a corpse. 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 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 this title (relating to Standards for Facilities);

(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 storage or 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 designated facility 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) Whenever a person or institution becomes aware of a possible desecration of corpse, the person or institution shall report the facts, as known, to the executive director of the Board. The Board shall give the person or institution the opportunity to document that no violation occurred or that proper remedial safeguards have been implemented to render the likelihood of reoccurrence unlikely. If the Board has cause to believe that a person or institution has failed to report as required by this subsection or that desecration of a corpse has occurred and may reoccur, the Board shall recommend an appropriate sanction up to suspending the privilege for that person or institution's to receive, hold, and dissect bodies be revoked. No privilege to receive and hold bodies shall be revoked, in the absence of the person or institution's consent, without the opportunity for a hearing.

History

• Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Subchapter 3 Requirements for Recipients of Anatomical Specimens

Okla. Admin. Code § 50:10-3-1 General requirements

(a) Institutions. Institutions, including Donor programs and non-transplant tissue banks applying to be authorized to receive and hold bodies, or parts thereof must show evidence of accreditation by an accrediting body or evidence of meeting a national standard recognized by the Board for the particular institution.

(b) Approved facilities. Institutions or individuals applying to be authorized to receive and hold bodies, or parts thereof, must have and maintain appropriate facilities for receiving, holding, and proper methods for the disposal of bodies, or parts thereof, as are prescribed by the Board.

(c) Identified individuals. Institutions or individuals authorized to receive, hold, and dispose of bodies, or parts thereof, must provide to the Board the name(s) and credentials of the person(s) responsible for the cadaver program.

History

• Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-3-2 Requirements for registered anatomical donor programs and non-transplant tissue bank

(a) Institutions that can be Registered ("Registrant"). The Board has discretion to approve or deny registration for Donor Programs and Non-Transplant Tissue Banks.

(b) Registrant's procedures for obtaining donors must comply with the Uniform Anatomical Gift Act of the state in which the anatomical gift originates.

(c) Registrant must have policies and procedures to insure that anatomical specimens are treated with dignity and respect.

(d) Registrant must have policies and procedures to insure that persons/entities to whom Registrant distributes anatomical specimens are authorized by law to receive and use the specimens. In the absence of applicable state or federal law, the registrant distributes anatomical specimens to persons/entities that meet standards established by private accrediting organizations approved by the Anatomical Board, or set forth in rules or policies promulgated by the Anatomical Board.

(e) Registrant must maintain a record-keeping system to track and document the location of anatomical specimens from initial receipt to final disposition.

(f) Only non-profit organizations shall be eligible for registration. The fees charged by registrant for anatomical specimens must be limited to the amount reasonable to cover the costs of dissection and related activities integral to dissection as defined in OAC 50:10-1-14.

(g) Registrants receiving cadavers must have appropriate background and experience in funeral services or anatomy, which includes but not limited to the successful completion of a cadaver-based anatomy course at the university level involving hands-on dissection, or have taught a human anatomy course with cadaver dissection at the university level under the direction of a qualified individual. Individuals qualified to direct the dissection of cadavers would have a graduate-level degree (M.S. or Ph.D.) in the Biological Sciences, and have successfully completed a graduate-level human anatomy course with cadaver dissection.

History

• Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-3-3 Distribution priorities

If necessary to insure an adequate supply of anatomical specimens for Oklahoma educational and research institutions, the Board may require registered anatomical donor programs and non-transplant tissue banks to give first priority to Oklahoma institutions when distributing specimens.

History

• Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-3-4 Transfer of bodies

(a) Application for transfer. Institutions desiring the transfer of a body to their institution must make written request to the executive director of the Board. Reasons for the need for a body must be stated.

(b) Approval of transfer. The executive director is authorized to approve transfers. 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 institution recognized or registered by the Board.

(c) Availability. While the executive director 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 by the executive director or 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.

History

• Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-3-5 Transport, importation and exportation of bodies

(a) Transport of Bodies. The transfer and transport of bodies from one institution to another, or for export from the state, shall be done in an appropriate, secured vehicle operated by a licensed funeral establishment, ambulance service, institution, public carrier, or other means approved by the Board. The registrant has policies and procedures to insure that all relevant transport permits required by law have been obtained.

(b) Importation. Notification of the intent to import a body or bodies from outside of the State of Oklahoma shall be given to the Board in writing. Such bodies shall fall under the jurisdiction of the Board upon entering the State of Oklahoma, and all rules regulating such material shall apply.

(c) Exportation. No body under the jurisdiction of the Board, including donations to non-transplant tissue banks shall be shipped out of the State of Oklahoma unless permission in writing for such shipment has been granted by the Board acting through its executive director. If the executive director is an employee of the institution that is to make the shipment, secondary approval must be given by the chair.

(1) The Board may grant approval of exportation of a body if it or its executive director or chair determines that:

(A) a written request has been received from a registered institution;

(B) the supply of bodies exceeds the needs of the institutions in this state; and

(C) the donor authorized out-of-state shipment.

(2) If, in the opinion of the appropriate official of the holding institution or the executive director, a site visit to the requesting institution is desirable or necessary, such a visit shall be made and a report made to the executive director before approving the transfer. The expenses incurred by such a site visit shall be reimbursed by the potential receiving institution before application is considered.

(d) Proscription of local removal. Bodies 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 without the written permission of the executive director.

(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 the Board shall proceed as required Subchapter 9.

History

• Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-3-6 Application and inspection of facilities

(a) Application. Qualifying institution applying for authorization to receive and hold bodies or parts thereof must apply in writing to the executive director of the Board. Such application must contain a description of the facilities to be utilized. The application 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, or the executive director and another member 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 re-inspected 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 re-inspections 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 re-inspection, may be visited by a re-inspection subcommittee composed of at least one member of the Board from an institution other than the facility being re-inspected. This re-inspection, when deemed necessary, shall be made within 60 days of notice to the executive director that the corrections have been accomplished. Advance notice of such re-inspections shall be given.

(2) Reports of inspection and re-inspection.

(A) Approved facilities. Where the inspection subcommittee finds no reason to deny approval of the inspected facilities, they will make such a report in writing to the executive director. Upon acceptance of the report, the executive director shall notify the institution concerned of such approval of its facilities and authorize it to receive and hold bodies or body parts.

(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 executive director of the Board, who shall notify the institution promptly of these deficiencies. The inspection subcommittee will discuss 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 or body parts. Shall an organization, institution, or individual object to such determination by the Board, it may request a hearing.

History

• Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-3-7 Standards for facilities

(a) Health standards.

(1) Dissection facilities. Dissection areas must be clean, well ventilated, and well lighted. The floor should be of a composition that can be easily cleaned and nonskid. Tables and tanks must be conducive to easy cleaning and to the long-term preservation of cadavers.

(2) Storage facilities. Storage facilities must be conducive to long-term storage of bodies and conducive to the health of personnel who must work in the area. It should be of sufficient size to handle, without undue crowding, the total being used at any one time.

(3) Preparation area. The preparation area must be clean, well ventilated, and well lighted. It must be fully equipped with table and drain of approved type and the equipment necessary for satisfactory embalming. All construction must be of a type conducive to easy cleaning.

(4) Embalming. The embalming formula shall be appropriate to the long-term preservation of cadavers and will not present a health hazard to persons dissecting. Embalming services must be performed by an entity authorized by the law of the state in which the services occur, and in accordance with the standards required by the law.

(5) Unfixed specimens are preserved in accordance with applicable state and federal requirements, including the standards set forth in the Oklahoma Funeral Services Licensing Act and rules.

(6) Unfixed anatomical specimens are tested for infectious and contagious diseases in accordance with applicable state and federal law, including testing by persons and in facilities using methods which meet FDA and CLIA requirements.

(7) The registrant has policies and procedures to prevent the transmission of infectious and contagious diseases in the collection, storage, preservation, and distribution of anatomical specimens.

(b) Safety standards.

(1) Air exchange. All dissecting and preparation areas must have sufficient air-handling machinery to provide for not less than 15-20 full changes of air per hour.

(2) Storage of hazardous chemicals. All hazardous chemicals shall be stored in a separate and approved facility or area. Explosive or flammable chemicals must be properly stored.

(3) Dangerous fumes. Particular attention must be given to holding the concentrations of all dangerous or hazardous fumes to an absolute minimum. Suitable air-handling equipment, appropriate storage, and careful handling are essential.

(c) Public welfare.

(1) Visibility. All areas where human bodies are handled must not be visible from the outside of the building or so located that the public has ready visibility of transport, preparation, or dissection in progress.

(2) Accessibility. All areas used for receipt and preparation, storage, or dissection of human bodies must be unaccessible and inadmissible to the general public and all unauthorized personnel. All areas must have appropriate locks. Only personnel concerned with the preparation of cadavers should have access to storage, handling, and preparation areas. Storage areas should be securely locked at all times when bodies are not being placed in or removed from storage.

(d) Facility must be OSHA compliant.

History

• Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 50:10-3-8 Audit procedures

Each Anatomical Donor Program and Non-transplant tissue bank shall conduct an audit of its procedures and methods for receiving, storing, using, and transporting bodies or anatomical specimens and disposing of remains. This audit must be conducted at an interval of 5 years, coincidental with regularly scheduled Board inspections. The audit shall be performed by the institution's audit department or a professional audit firm according to an audit template prescribed by the Board. The results of the audit shall be filed with the executive director within 30 days of its completion. A follow-up report shall be filed with the executive director no more than 1 year later.

History

• Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014