901 KAR 5:100. Cadavers.

 

      RELATES TO: KRS Chapter 213

      STATUTORY AUTHORITY: KRS 194.050, 211.090, 311.310, 311.165-311.247

      NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 213, relating to Vital Statistics, authorizes the Cabinet for Human Resources to regulate the transportation, disposal and interment of dead bodies and the use of dead bodies or parts thereof for educational and scientific purposes. The purpose of this administrative regulation is to regulate, except as otherwise provided by law, the transportation, use, disposal and interment of dead bodies brought into this state from another state for educational or scientific purposes.

 

      Section 1. Approval Required for Importation of Dead Body Into State for Educational or Scientific Purposes; Exceptions. (1) Except as otherwise authorized by subsection (6) of this section, no person shall transport into this state, a dead body or part thereof, for educational or scientific purposes without first obtaining the prior approval of the Cabinet for Human Resources.

      (2) An applicant desiring to transport a dead body or part thereof into this state for educational or scientific purposes shall file a notarized application with the cabinet setting forth the proposed use, need, qualifications of personnel and adequacy of equipment and facilities.

      (3) Upon receipt of the notarized application the cabinet shall cause an investigation to be made to determine the proposed use, need, qualifications of personnel and the adequacy of equipment and facilities.

      (4) The Secretary for Human Resources shall, on the basis of his investigation, either grant or deny the application. In the event the application is approved, the secretary shall in accordance with KRS 311.310 require the applicant to post a bond in the sum of $1,000 conditioned upon compliance with the terms of this administrative regulation and the lawful use and disposition of any dead bodies or parts thereof that may be received by the applicant.

      (5) After the use of the dead bodies or parts thereof has been completed as approved by the cabinet, such bodies or parts thereof shall be disposed of as set forth in the approved application, or as otherwise authorized by law. A special transit permit shall be obtained for the transportation of such dead bodies or parts thereof from the Cabinet for Human Resources.

      (6) This administrative regulation shall not restrict the importation and use of dead bodies for educational or scientific purposes by any state publicly funded, accredited medical school located in Kentucky, nor the importation and use of any dead body or part thereof, the donation of which was made pursuant to the Kentucky Uniform Anatomical Gift Act, KRS 311.165 to 311.247, or as may be otherwise authorized by law.

 

      Section 2. Facility Requirements. An applicant for approval to import a dead body into this state for educational or scientific purposes shall meet the following facility requirements:

      (1) Comply with applicable state and local fire safety, housing and plumbing codes as evidenced by written approvals from appropriate governmental agencies;

      (2) Maintain all facilities in a sanitary condition;

      (3) Maintain strict rules of privacy and allow no one in the area in which a dead human body is being dissected or stored except for faculty and duly registered students of the facility or authorized personnel;

      (4) Store all cadavers by use of one (1) of the following methods:

      (a) In covered vats or tanks submersed in a preservative acceptable to the cabinet;

      (b) Wrapped in gauze or similar material, after embalming, soaked with formalin or other acceptable preservative, and stored in a morgue type refrigeration unit or equivalent with a temperature range of thirty-eight (38) to forty (40) degrees Fahrenheit.

      (c) Enclosed in sealed plastic bags, after embalming; or

      (d) By other means which would be acceptable to the cabinet.

      (5) Provide outside ventilation, including continuous air changes and mechanical power to provide sufficient air movement to rooms housing cadaver storage vents, tanks or refrigeration units;

      (6) Provide security to all storage areas at all times;

      (7) Provide a dissection area that shall contain:

      (a) A minimum of 100 square feet of floor area with a minimum room area of 180 square feet, exclusive of cadaver storage space;

      (b) Flooring constructed of terrazzo, tile, concrete or other waterproof or impervious material from wall to wall;

      (c) Dissection table with stainless steel top with rolled edge and drainage;

      (d) Ventilation to outside of building with mechanical power sufficient to provide adequate air movement;

      (e) Lighting at the table level of not less than 1,000 foot candles;

      (f) Adequate electrical outlets including outlets in proximity to dissection table;

      (g) Slop sink with running water and adequate drainage;

      (h) Storage area for supplies and equipment;

      (i) Work counter with sink equipped for hand washing; and

      (j) Sanitary waste receptacle. (6 Ky.R. 104; eff. 9-5-79; Am. 16 Ky.R. 935; eff. 1-12-90.)