Title 510

The purpose of this subchapter is to provide guidance to osteopathic physicians for the disposal of human tissue and to provide notice of a penalty for any violation of this subchapter.

^{[Source: Added at 13 Ok Reg 2225, eff 6-27-96]}

The following words or terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Final Order" means a finding, by the Board, that a physician did violate any provision of this subchapter.

"Human tissue" means all parts of the human body recognizable as such without the use of specialized equipment.

^{[Source: Added at 13 Ok Reg 2225, eff 6-27-96; Amended 9-11-22]}

(a) All human tissue, which is collected in the course of the diagnosis and/or treatment of any human condition by a doctor of osteopathic medicine, their employee or agent, must be handled in one of the following ways:

(1) Sent for analysis and possible retention as a surgical specimen;

(2) Sent for autopsy;

(3) Sent for embalming and burial in accordance with accepted interment standards; or,

(4) Sent for disposal by incineration in a pathological incinerator in the same manner as hazardous medical waste is handled under the applicable state statutes, rules and regulations.

(b) Nothing in this Section shall preclude the doctor's right to use human tissue for the treatment of disease or injury. Likewise, the doctor shall have the right to assist in arranging appropriate donations through the process of the Anatomical Board, under the provisions of the Anatomical Gift Act or the preservation of human tissue for other legitimate educational purpose in any accredited educational endeavor.

(c) In no event shall any person knowingly dispose of any human tissue in a public or private dump, refuse or disposal site or place open to public view.

^{[Source: Added at 13 Ok Reg 2225, eff 6-27-96; Amended 9-11-22]}

Any osteopathic physician who violates, or whose employees or agents violate, this subchapter shall, upon a finding by the Board that a violation of Board statute or rule has occurred, and in a public hearing before the Board, be fined an amount not to exceed Ten Thousand Dollars ($10,000.00) and may have their license put on probation, suspended, or revoked.

^{[Source: Added at 13 Ok Reg 2225, eff 6-27-96; Amended 9-11-22]}

A presumption of compliance occurs once the attending physician has executed one of the methods of handling described in 510:5-5-3 and his responsibility is deemed fulfilled. In no event shall the osteopathic physician be responsible for the acts or omissions of any other licensed professional, independent contractor or other indirect assistant incidental to the ultimate disposal of human tissue by any of the designated methods.

^{[Source: Added at 13 Ok Reg 2225, eff 6-27-96]}