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HIGHER EDUCATION POLICY COMMISSION
POLICY BULLETIN NO . 58
WEST VIRGINIA ANATOMICAL BOARD
APPENDIX A: RULES AND REGULATIONS
Institutions and individuals using human bodies for scientific study, as authorized by state statutes, are required thereby to comply with the Rules and Regulations prescribed by the West Virginia Anatomical Board. The West Virginia Anatomical Board shall meet at least annually to review its Rules and Regulations, elect its chairman, and make appointments. Advance public notice through the news
media shall be given for all regularly scheduled meetings of the Board and for
all special meetings except for an emergency requiring immediate official
action.
The Rules and Regulations prescribed by the West Virginia Anatomical Board apply to the use of all bodies, whether requisitioned by the West Virginia Anatomical
Board or donated under the provisions of the Uniform Anatomical Gift Act (W.
Va. Code §16-19). It is noted that two (2) general categories of dead human
bodies are recognized by state statutes: First, those which are requisitioned
by the West Virginia Anatomical Board (for example, certain bodies that must be
buried at public expense) and second, those donated under the provisions of the
Uniform Anatomical Gift Act to the West Virginia Anatomical Board for
utilization in scientific or medical research or education. Institutions
utilizing human bodies of either category must designate a person at the
institution, acceptable by the board, who will assume responsibility for
assuring full compliance with the following Rules and Regulations. A written
copy of such assurance, designating the name of the responsible person and
signed by the chief officer of that institution, is to be submitted to the
board prior to usage of human bodies. Authorized individuals who are not
associated with institutions must submit written assurance of compliance with
these Rules and Regulations prior to usage of a human body or bodies.
- All human bodies used by an authorized institution or
individual for scientific study must be channeled through the West
Virginia Anatomical Board prior to usage of the body or bodies. This may
be carried out by direct correspondence and does not necessarily require
that the body itself be delivered to the board. All bodies under the
jurisdiction of the West Virginia Anatomical Board are to be numbered
using a single numbering system administered by the Secretary of the
board.
- All bodies donated for scientific or medical study at
an authorized institution or by an authorized person (for example, not
requisitioned by the board) require a properly signed and witnessed Donor
Registration or Donation and Release Form. At the time of delivery of the
body to such institution or person, a copy of the Death Certificate and
Donor Card or Donation and Release Form shall be forwarded to the board.
- Postnatal bodies delivered to institutions or to authorized individuals require a Burial-Transit Permit if delivery of the body is made from outside the county in which that institution or other authorized recipient is located. Within a county, a permit is not ordinarily required if the Death Certificate stipulates that the institution or authorized individual is to receive the body. If the body, or any part of the body, or the ashes is removed to any other location, within or outside the
county, a Disinterment-Reinterment Permit is then required at the time of
removal. Modes of transportation must be appropriate in consideration of
the dignity of the human body.
- Following the usage of a body or bodies, it is the
responsibility of the institution or authorized individual utilizing the
body to properly dispose of the remains by cremation, unless some other
proper manner of disposal is agreed upon by correspondence with the board.
Postnatal bodies must be cremated individually. A suitable crematory other
than that used for animal remains is required. Ashes from each postnatal
body must be interred in an identified, individual container in a manner
that ensures dignity and respect. Upon request by the next-of-kin at the
time of donation, ashes will be delivered as a courtesy and not as a
lawful obligation to the next-of-kin in a suitable container using a
proper mode of delivery. In all respects, the feelings and the concern of
the family will be given reasonable consideration.
- A body may be donated to a specific institution.
However, while reasonable efforts will be made to consider such requests
of the donor, the board may, in its discretion, authorize the use of the
body or any part thereof by any authorized institution or person. A body
or any part of a body which is in the care of an authorized institution or
person may be removed to another authorized institution or person with the
written consent of the West Virginia Anatomical Board.
- All costs involved in the transportation of a body or
bodies, embalming, cremation, and burial by the board are to be assumed by
the institution or authorized person utilizing the body or bodies. Such
institutional costs shall include all administrative costs involved in the
above, as well as cost incurred for memorial services, certificates and
urns.
- Confidentiality of the identity of all bodies must be
assured, including anonymity for student usage.
- Predoctoral and postdoctoral students are authorized
to utilize human bodies for anatomical study if enrolled in appropriate
anatomical courses of medicine, dentistry, or allied health sciences at
institutions authorized by state statutes, subject to the Rules and
Regulations prescribed by the board, and such persons may be allowed
access to the locations where bodies are utilized for anatomical study
without further specific approval by the board. Faculty members, resident
students and appropriate nonfaculty medical, dental or allied health
practitioners not enrolled in a course at an authorized institution also
may utilize human bodies in the care of such institution for study if
given permission by the responsible person designated by that institution,
and if the study is carried out in the approved areas given to this purpose
within that institution, as described below.
- A body or bodies must be utilized in specific
locations approved by the board. Such locations are to be construed as
restricted areas and must be designed to ensure the proper security of the
body, prevent unauthorized access or usage, contain facilities required
for the proper manner of scientific usage and remain in a securely locked
condition when not in immediate use.
Places
for body storage, such as a departmental morgue, are to be construed as restricted
areas, and access is to be limited to the faculty and appropriate staff of that
department or unit. All other individuals must secure the permission of the
responsible person designated by that institution for admission to this
restricted area, and only applications giving legitimate reasons for access
shall be approved.
- Photographs of a body or any of its parts are not to be made for any reason
without the express written consent of the board or the responsible person
designated by the institution. The board retains the right to edit, with
respect to propriety, all photographs utilizing gross anatomical human material
intended for publication, and the Board must be notified of intention to public
such material.
- No institution or individual may "Buy" or "Purchase" a
human body. However, human bodies may be secured from and/or transferred to
other authorized institutions, with priority in West Virginia, or in other
states should the need arise. Such schools shall be reimbursed for all
reasonable costs.
- The West Virginia Anatomical Board emphasized the importance of maintaining the
continuing good will of the public. Students who will utilize bodies for
anatomical study are to be thoroughly instructed in the proper manner of
professional conduct. No action is to be made, in public or private, that in
any way will demean the human body. Conversational improprieties and any other
manner of unprofessional or unethical conduct are strictly prohibited. The need
for genuine and sincere respect for the dignity of the deceased human body and
the obligation to treat the body in a responsible and professional manner are
to be regarded as essential. While authorized students or others approved by
the board, or by the responsible person of an institution, have access to
locations for body usage, such individuals do not have the authority in turn to
grant admission or visitation privileges for guests not approved by the
responsible person designated by the institution. Only persons having
legitimate purpose shall be granted admission or the privilege of usage. All
guests granted admission to locations for anatomical study must comply with the
professional standards outlined herein.
- The proper physical care of each body is to be maintained throughout the period
of usage.
- Nonliving human fetuses may be utilized for scientific study, subject to the
following constraints:
- Fetuses of less than twenty (20) weeks gestational age require no death
certificate or Burial-Transit permit. However, the West Virginia Anatomical
Board requires a Donation and Release Form signed by a parent or next-of-kin
and by two (2) witnesses releasing the fetus for scientific study and disposal.
Such a statement is required for all in-state, as well as out-of-state,
fetuses. Fetus usage and disposition are to be carried out in accordance with
the standard procedures pertaining to the usage and disposition of all
postnatal human bodies as prescribed by state statutes and subject to the Rules
and Regulations of the West Virginia Anatomical Board.
- Nonliving fetuses exceeding twenty (20) weeks gestational age require a death
certificate and Burial-Transit permit in compliance with state statutes. A
Donation and Release Form, signed by a parent or next-of-kin and by two (2)
witnesses is required by the West Virginia Anatomical Board, whether the gift
is made in-state or out-of-state. A Burial-Transit permit or a
Disinterment-Reinterment Permit, whichever applies, is required following the
same guidelines prescribed for postnatal bodies. Fetus usage and disposition
are to be carried out in accordance with standard procedures pertaining to the
usage and disposition of all postnatal human bodies, in compliance with state
statutes, and subject to the Rules and Regulations of the West Virginia
Anatomical Board.
- Full records are to be maintained by all institutions and authorized persons
having prenatal and postnatal human bodies in their care. These records shall
show all transactions and the name, sex, age, date of death, place from which
received, when and from whom received, the West Virginia Anatomical Board
number assigned, and other information relevant for each individual body.
Records shall be open at all times to inspection by the Attorney General,
prosecuting attorney in the state, and the West Virginia Anatomical Board.
In order for the Anatomical Board to more fully comply with its statutory duties
relating to the keeping of records, each institution that receives bodies under
the board's authority shall, upon receipt of such body, file with the board's
secretary a copy of the Death Certificate and a copy of the Donor Registration
Form or Relative Release Form. Further, each institution which receives
executed Donor Registration Forms and bodies under the Board's authority shall
file monthly reports with the Board's Secretary giving the name, date of birth
or Social Security number, sex age, date of death, place from which received,
and when and from whom received (in the case of a donated body) and a copy of
the Donor Registration Form (in the case of a newly registered donors). In
addition, each institution shall annually submit to the Board the status of
each body, or a copy of the Disinterment-Reinterment Permit or some other
documentation indicating final disposition.
- The propriety of any usage of the deceased human body for purposes other than for teaching and research must be approved in advance by the Board.
- The West Virginia Anatomical Board requires that a personal copy of the Rules
and Regulations be provided for each and every individual student, faculty
member, secretary, technician, authorized guests, custodial maintenance, and
security staff member, and for all other persons having authorized access to
locations designated by the board as "Restricted," or otherwise
having occasion to participate, in any manner, in the use of dead human bodies
or parts of bodies for anatomical study or research. This copy of the Rules and
Regulations is to be received by each individual person named above, prior to
his or her initial entrance into restricted facilities, or prior to any
participation in any act of anatomical study or research utilizing deceased
human bodies or part thereof. This paragraph shall not be construed to include
the use of human skeletal material purchased through commercial supply houses,
but does include all skeletal material derived from any body coming under the
authority of the West Virginia Anatomical Board.
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