TITLE 25. HEALTH SERVICES

PART 4. ANATOMICAL BOARD OF THE STATE OF TEXAS

CHAPTER 475. MEETINGS

25 TAC §475.5

The Anatomical Board of the State of Texas proposes amendments to 25 TAC §475.5, related to reimbursement for travel to meetings. The proposed rule adds staff members to the list of people who may be reimbursed for travel to board meetings. The proposed rule also requires the staff members to submit travel reimbursement requests that conform to the format and amounts claimed to similar requests of the staff member's employing parent institution.

The amendments are necessary because the board employs no staff designated exclusively to board functions. Instead, the board members, who each represent a Texas health occupations school that participates in the board's willed body programs, will designate a staff person from one or more of the member institutions to carry out the administrative functions of the board. Among the staff's administrative functions are the coordination and facilitation of the annual board meeting, which duties include setting up and closing out the meeting site, transporting and managing meeting materials and equipment to and at the site, and carrying out clerical and administrative duties during the meeting to support the work of the board members. Currently, the board reimburses only board members for their travel cost, leaving the member institutions to reimburse their other respective staff members for doing the administrative duties of the board.

FISCAL NOTE. During the first five years the rule is in effect, there will be no fiscal impact. Board Chairperson Dr. John K. Hubbard, PhD, has determined that for the first five-year period the new rules are in effect there will be no fiscal implications for state or local government because of enforcing or administering these rules, as proposed. The amount of funds that are reimbursed to staff members will not increase or decrease. The rate of reimbursement will be consistent with the current approved rates for travel reimbursement authorized by law for state employees. However, the source of the funds will change from the members' institutional accounts to the board's local account under Health and Safety Code §691.008(b).

PUBLIC BENEFIT/COST NOTE. The benefit to the public will be achieved by ensuring that staff are available to carry out necessary board duties during its annual meeting or other special called meetings, if they are necessary.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT. There are no anticipated economic costs to persons who are required to comply with the new rules as proposed. There is no effect on local economy for the first five years that the proposed rules are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022 and §2001.024(a)(6).

COSTS TO REGULATED PERSONS. The proposed new rules do not impose a cost on regulated persons or entities; therefore, they are not subject to Texas Government Code, §2001.0045.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. Dr. Hubbard has determined that there will be no negative impact on rural communities, small, or micro-businesses because of implementing these rules, and that, therefore, no regulatory flexibility analysis, as specified in Texas Government Code §2006.002, is required. There are no anticipated economic costs to the public in compliance with the rules, as proposed.

GOVERNMENT GROWTH IMPACT STATEMENT. During the first five years that the rule will be in effect, the rule: will not create or eliminate a government program; will not result in the addition or reduction of employees; will not require an increase or decrease in future legislative appropriations; will not lead to an increase or decrease in fees paid to a state agency; will not create a new regulation; will not repeal an existing regulation; and will not result in an increase or decrease in the number of individuals subject to the rule. During the first five years that the rule would be in effect, the rule would not positively or adversely affect the Texas economy.

TAKINGS IMPACT ASSESSMENT. The board has determined that no private real property interests are affected by this proposal and that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action, and that, therefore, the rule does not constitute a taking under Texas Government Code §2007.043.

REQUEST FOR PUBLIC COMMENT. Comments on the proposed rule amendment may be submitted to:

Dr. John Hubbard, PhD, PT

Texas A&M University College of Medicine

Department of Neuroscience and Experimental Therapeutics

8447 State Hwy 47

Bryan, Texas 77807

jkhubbard@medicine.tamhsc.edu

Comments will be accepted for 30 days after publication in the Texas Register.

STATUTORY AUTHORITY. These new rules are proposed under the authority of Texas Health and Safety Code §691.007, which authorizes the Board to adopt rules for its administration.

CROSS REFERENCE TO STATUTE. Texas Health and Safety Code §691.008 authorizes the board to set and collect reasonable and necessary fees and authorizes the board to deposit collected fees into a local account outside the state treasury. No other statutes, articles, or codes are affected by this new rule.

§475.5.Reimbursement for Travel to Meetings.

The secretary-treasurer is authorized to reimburse members of the board and any additional necessary staff members for expenses incurred by [a member] members of the board and necessary staff members in attending any meeting of the board or of its committees. Requests for reimbursement shall conform in format and amounts claimed to similar requests of the parent institution of the member of the board or the parent institution of the necessary staff member.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 17, 2019.

TRD-201901125

Stephen Luk

Secretary-Treasurer

Anatomical Board of the State of Texas

Earliest possible date of adoption: June 2, 2019

For further information, please call: (214) 648-5469


CHAPTER 479. FACILITIES: STANDARDS AND INSPECTIONS

25 TAC §479.3

The Anatomical Board of the State of Texas proposes an amendment to 25 TAC §479.3, relating to standards for facilities. The proposed amendment adds a new subsection (b), which requires member institutions who directly accept Willed Body Program donations to employ or maintain contracts with a state licensed funeral director and state licensed embalmer. The amendment renumbers the remaining sections of the rule to accommodate the new subsection (b).

The amendment is necessary to ensure that individuals whom a member institution assigns to transport, to prepare or to embalm a body will comply with Texas law, which requires such activities to be carried out by a Texas licensed funeral director and a Texas licensed embalmer, respectively. Texas Occupations Code §651.251(a) provides that funeral directing, including the transportation of a deceased body, may be performed only by a funeral director or a provisional license holder or qualified mortuary student under the supervision and direction of a funeral director. Section 651.251(b) provides that embalming may be performed only by an embalmer or a provisional license holder or qualified mortuary student under the supervision and direction of an embalmer.

FISCAL NOTE. During the first five years the rule is in effect, there will be no fiscal impact. Board Chairperson Dr. John K. Hubbard, PhD, has determined that for the first five-year period the new rule is in effect there will be no fiscal implications for state or local government because of enforcing or administering these rules, as proposed. The amount of funds that are paid to staff members will not increase or decrease because, currently, the member institutions that receive, embalm, and transport deceased bodies are already required by the funeral directing statute to use licensed professionals; however, this rule merely codifies the requirement in board rule.

PUBLIC BENEFIT/COST NOTE. The benefit to the public will be achieved by ensuring that only qualified licensed individuals are making the appropriate arrangements for and are preparing and supervising the transport of donated bodies and anatomical specimens, and that qualified licensed individuals are embalming the donated bodies in a timely manner and in compliance with applicable laws, including Health and Safety Code §§691.022(b), 691.031, and 692A.014; and Occupations Code §651.251.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT. There are no anticipated economic costs to persons who are required to comply with the new rule as proposed. All individuals employed by or contracted to board member institutions who transport or embalm bodies or to prepare anatomical specimens are already required to hold and maintain a valid funeral director license and embalming license. There is no effect on local economy for the first five years that the proposed rule is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022 and §2001.024(a)(6).

COSTS TO REGULATED PERSONS. This rule is adopted to ensure that standards are met that protect the public health, safety, and welfare of the residents of this state with regard to the handling and transportation of deceased bodies and of anatomical specimens. As a result, although member institutions who do not currently employ or contract with a funeral director or a licensed embalmer may incur an expense to comply with the rule, Government Code §2001.0045(c)(6) indicates this rule is not subject to the requirement of §2001.0045 (b) that a board adopt a rule that offsets the increase.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. Dr. Hubbard has determined that there will be no negative impact on rural communities, small, or micro-businesses because of implementing this rule, and has determined that, therefore, no regulatory flexibility analysis, as specified in Texas Government Code §2006.002, is required. There are no anticipated economic costs to the public in compliance with the rule, as proposed.

GOVERNMENT GROWTH IMPACT STATEMENT. Except as described in the next paragraph, during the first five years that the rule will be in effect, the rule: will not create or eliminate a government program; will not result in the addition or reduction of employees; will not require an increase or decrease in future legislative appropriations; will not lead to an increase or decrease in fees paid to a state agency; will not create a new regulation; will not repeal an existing regulation; and will not result in an increase or decrease in the number of individuals subject to the rule. During the first five years that the rule would be in effect, the rule would not positively or adversely affect the Texas economy.

The rule will not result in the addition of employees for member institutions that do not have a licensed funeral director or licensed embalmer on staff, unless the institution chooses not to contract with such professionals.

TAKINGS IMPACT ASSESSMENT. The board has determined that no private real property interests are affected by this proposal and that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action, and that, therefore, the rule does not constitute a taking under Texas Government Code §2007.043.

REQUEST FOR PUBLIC COMMENT. Comments on the proposed rule amendment may be submitted to:

Dr. John Hubbard, PhD, PT

Texas A&M University College of Medicine

Department of Neuroscience and Experimental Therapeutics

8447 State Hwy. 47

Bryan, Texas 77807

jkhubbard@medicine.tamhsc.edu

Comments will be accepted for 30 days after publication in the Texas Register.

STATUTORY AUTHORITY. These new rules are proposed under the authority of Texas Health and Safety Code §691.007, which authorizes the Board to adopt rules for its administration; under §691.022(b), which directs the board to adopt rules to ensure that each body and anatomical specimen in the custody of the board or an institution represented by the board is treated with respect; and under §691.031, which requires proper transportation of each body or anatomical specimen received or distributed by the board.

CROSS REFERENCE TO STATUTE. Occupations Code §651.251 requires that the transportation and embalming of a deceased body be performed under the supervision of a person licensed by the Texas Funeral Services Commission.

§479.3.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 of one year's use and receipt of bodies.

(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.

(b) Technical support. Member institutions who directly accept Willed Body Program donations must employ a State of Texas Licensed Funeral Director to supervise transport of cadavers and anatomical specimens and a State of Texas Licensed Embalmer to perform embalming procedures. If the institution is unable to employ these licensed individuals, they must maintain a current valid contract with a Licensed Funeral Director and Licensed Embalmer to perform these procedures.

(c)[(b)] Safety standards.

(1) Air exchange. All dissecting and preparation areas must have sufficient air-handling machinery to provide for not less than seven 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.

(d)[(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 inaccessible 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 and preparation areas. Storage areas should be securely locked at all times when bodies are not being placed in or removed from storage. Search organizations and forensic science programs may use anatomical specimens in field locations provided that those locations are not accessible to the public, and access is restricted to search organization personnel while the anatomical specimens are in use.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 17, 2019.

TRD-201901127

Stephen Luk

Secretary - Treasurer

Anatomical Board of the State of Texas

Earliest possible date of adoption: June 2, 2019

For further information, please call: (214) 648-5469