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Taphophilia (dot) Com...
A repository of morbid curiosities:
Thanatology and Taphophile Issues, Cemetery,
Funeral Industry and Death Related News.
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Guardians of the Soul: Angels and Innocents, Mourners and Saints, Indiana's remarkable cemetery sculpture
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West Springfield Massachusetts: Stories Carved in Stone by Rusty Clark features information on early New England gravestone carvers with more than two hundred photos and illustrations. Please visit the Dog Pond Press website.
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Interstate commerce of bodies questioned |
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Written by DeadGirl
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Tuesday, 13 April 2004 |
Interstate commerce of bodies questioned
Is it legal? The jury is out
By Stewart Yerton
April 13, 2004
The practice of sending bodies donated to science out of state raises not only ethical questions but also legal ones.
Tulane University's Willed Body Program typically receives more bodies than its medical students can use for training. Until recently, the university transferred those bodies out of state through a middleman, John Vincent Scalia, chief executive of National Anatomical Service of Staten Island, N.Y. Scalia, who charges a fee for his services, has in turn delivered the bodies to other locations.
Mary Bitner Anderson, director of Tulane's Willed Body Program, said last month that she had been advised that it was legal to transport bodies out of state.
In a more recent interview, Dawn Scardino, executive director of the Louisiana State Board of Embalmers and Funeral Directors, concurred, saying the only thing needed to ship a medical cadaver out of Louisiana is a "burial transit permit." The provision, Scardino said, is spelled out in the state's sanitary code and supporting regulations.
But others question the practice.
"They're wrong," said Ronn Wade, director of the Maryland State Anatomy Board and a board member of the American Association of Clinical Anatomists, a professional society.
Wade points to another section of Louisiana law, this one governing the use of bodies donated to science, which provides penal provisions for anyone who "transmits or causes to be transmitted such bodies or parts thereof outside the state" with few exceptions.
Wade said there are two classes of bodies: those of people who willed their bodies to science, and those who did not. Burial transit permits pertain only to bodies that have not been donated to science, said Wade, who is also president of the Funeral Ethics Organization, a national consumer advocacy group composed of a variety of industry professionals.
"The other law says, 'But not these bodies,' " Wade said.
Which side is right is something courts apparently will have to determine. But such a ruling doesn't appear in the offing. Although a Louisiana plaintiff has sued Tulane alleging the university's management of the program amounted to fraud, that suit does not include a claim that simply transporting the body out of the state was unlawful.
http://www.nola.com/news/t-p/index.ssf?/base/news-1/108184668267680.xml
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