Because of the rapid medical progress in the field of tissue preservation, tissue transplantation, and tissue culture, and because it is in the public interest to aid the development of this field of medicine, it is the policy and purpose of Congress in enacting this subchapter and the amendments to §§ 43- 119 and 43-125 to encourage and aid the development of reconstructive medicine and surgery and the development of medico-surgical research by providing for the licensing and regulation of tissue banks, and by facilitating antemortem and postmortem authorizations for donations of tissue.
(Sept. 10, 1962, 76 Stat. 534, Pub. L. 87-656, § 2.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-1601.
1973 Ed., § 2-251.
For the purposes of this subchapter and §§ 43-119 and 43-125, except where the context indicates a different meaning:
(1) Repealed.
(2) Repealed.
(3) Repealed.
(4) "Tissue bank" means a facility for the recovery, screening, testing, processing, storage, or distribution of tissue for the purposes set forth in subchapter II-A of this chapter, and for the purposes of reconstructive medicine and surgery, and research and teaching in reconstructive medicine and surgery; provided, that the facility is accredited by the American Association of Tissue Banks.
(Sept. 10, 1962, 76 Stat. 534, Pub. L. 87-656, § 3; May 26, 1970, 84 Stat. 270, Pub. L. 91-268, § 9(a); Apr. 15, 2008, D.C. Law 17-145, § 30(e)(1), 55 DCR 2532; Mar. 25, 2009, D.C. Law 17-353, § 230(f), 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-1602.
1973 Ed., § 2-252.
Effect of Amendments
D.C. Law 17-145 repealed pars. (1), (2), and (3) and rewrote par. (4), which had read as follows:
"(1) 'Mayor' means the Mayor of the District of Columbia or his designated agent.
"(2) 'Donor' means any person who, in accordance with the provisions of subchapter II of this chapter, bequeaths or donates his tissue for removal after death in furtherance of the purposes of such chapter, and also means any deceased person whose tissue is donated or disposed of for the purposes of this subchapter, subchapter II of this chapter, and §§ 43-119 and 43-125.
"(3) 'Tissue' means any body of a dead human or any portion thereof, including organs, tissues, eyes, bones, arteries, blood, and other fluids.
"(4) 'Tissue bank' means a facility for procuring, removing, and disposing of tissue for the purposes set forth in subchapter II of this chapter, and for the purposes of reconstructive medicine and surgery, and research and teaching in reconstructive medicine and surgery."
D.C. Law 17-353 validated a previously made technical correction in par. (4).
Legislative History of Laws
For Law 17-145, see notes following § 7-1501.01.
For Law 17-353, see notes following § 7-161.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(a) No person shall operate any tissue bank in the District of Columbia without a valid license issued pursuant to this subchapter and §§ 43-119 and 43- 125. No such license shall be issued except to persons duly licensed or duly registered as physicians under Chapter 12 of Title 3 or to persons holding valid licenses to operate and maintain hospitals for humans pursuant to Chapter 5 of Title 44.
(b) The Council of the District of Columbia is authorized, after public hearing, to adopt and promulgate rules and regulations to carry out the purposes of this subchapter and subchapter II-A of this chapter, including, without limitation, rules and regulations prescribing:
(1) The terms and conditions under which a tissue bank license may be issued and renewed;
(2) The fees to be paid for the issuance and renewal of such licenses;
(3) The duration of such licenses;
(4) The grounds for suspension and revocation of such licenses;
(5) The operation of tissue banks;
(6) The conditions under which tissue may be recovered, screened, tested, processed, stored, distributed, and transported; and
(7) The making, keeping, and disposition of records by tissue banks or by other persons recovering, screening, testing, processing, storing, distributing, or transporting tissue.
(d) Any person aggrieved by any final decision or final order of the Mayor denying, suspending, or revoking any tissue bank license or renewal thereof, issued or applied for under this subchapter and §§ 43-119 and 43-125, may obtain a review of such decision or order in the District of Columbia Court of Appeals.
(Sept. 10, 1962, 76 Stat. 535, Pub. L. 87-656, § 4; July 8, 1963, 77 Stat. 78, Pub. L. 88-60, § 6; May 26, 1970, 84 Stat. 270, Pub. L. 91-268, § 9(b); July 29, 1970, 84 Stat. 585, Pub. L. 91-358, title I, § 164(f); May 10, 1989, D.C. Law 7-231, § 8, 36 DCR 492; Apr. 15, 2008, D.C. Law 17-145, § 30(e)(2), 55 DCR 2532; Mar. 25, 2009, D.C. Law 17-353, § 230(f), 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-1603.
1973 Ed., § 2-253.
Effect of Amendments
D.C. Law 17-145, in the introductory language of subsec. (b), substituted " subchapter II-A of this chapter 15" for "subchapter II of this chapter 15"; in subsec. (b)(6), substituted "recovered, screened, tested, processed, stored, distributed, and transported" for "processed, preserved, stored, and transported"; and, in subsec. (b)(7), substituted "recovering, screening, testing, processing, storing, distributing, or transporting" for "processing, preserving, storing, or transporting".
D.C. Law 17-353 validated a previously made technical correction in subsec. (b).
Legislative History of Laws
Law 7-231, the "Technical Amendments Act of 1988," was introduced in Council and assigned Bill No. 7-586, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 29, 1988 and December 13, 1988, respectively. Signed by the Mayor on January 6, 1989, it was assigned Act No. 7-285 and transmitted to both Houses of Congress for its review.
For Law 17-145, see notes following § 7-1501.01.
For Law 17-353, see notes following § 7-161.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(36) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(a) Any person violating any provision of this subchapter and the amendments to §§ 43-119 and 43-125, or any regulation made pursuant to this subchapter and the amendments to §§ 43-119 and 43-125, shall be fined not more than $300, or be imprisoned for not more than 90 days. Prosecution for violations of this subchapter and the amendments to §§ 43-119 and 43-125 and regulations made pursuant thereto shall be brought in the name of the District of Columbia.
(b) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this subchapter shall be pursuant to Chapter 18 of Title 2.
(Sept. 10, 1962, 76 Stat. 535, Pub. L. 87-656, § 5; Oct. 5, 1985, D.C. Law 6-42, § 430, 32 DCR 4450.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-1604.
1973 Ed., § 2-254.
Legislative History of Laws
Law 6-42, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985," was introduced in Council and assigned Bill No. 6-187, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 25, 1985, and July 9, 1985, respectively. Signed by the Mayor on July 16, 1985, it was assigned Act No. 6- 60 and transmitted to both Houses of Congress for its review.
(Sept. 10, 1962, 76 Stat. 536, Pub. L. 87-656, § 9; May 26, 1970, 84 Stat. 270, Pub. L. 91-268, § 9(d); July 29, 1970, 84 Stat. 579, Pub. L. 91-358, title I, § 160(b); Mar. 5, 1981, D.C. Law 3-145, § 2, 27 DCR 4663; Sept. 29, 1992, D.C. Law 9-157, § 3, 39 DCR 5686; Oct. 19, 2000, D.C. Law 13-172, § 2919(b), 47 DCR 6308; Apr. 15, 2008, D.C. Law 17-145, § 30)(e)(3), 55 DCR 2532.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-1605.
1973 Ed., § 2-258.
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 2919(b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 2919(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13- 438, October 20, 2000, 47 DCR 8740).
Legislative History of Laws
Law 3-145, the "District of Columbia Tissue Bank Act Amendment of 1980," was introduced in Council and assigned Bill No. 3-312. The Bill was adopted on first and second readings on September 16, 1980, and September 30, 1980, respectively. Signed by the Mayor on October 14, 1980, it was assigned Act No. 3-266 and transmitted to both Houses of Congress for its review.
Law 9-157, the "Tissue Transplantation Distribution Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-278, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on June 2, 1992, and July 7, 1992, respectively. Signed by the Mayor on July 21, 1992, it was assigned Act No. 9-251 and transmitted to both Houses of Congress for its review. D.C. Law 9-157 became effective on September 29, 1992.
Law 13-172, the "Fiscal Year 2001 Budget Support Act of 2000," was introduced in Council and assigned Bill No. 13-679, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 18, 2000, and June 6, 2000, respectively. Signed by the Mayor on June 26, 2000, it was assigned Act No. 13-375 and transmitted to both Houses of Congress for its review. D.C. Law 13-172 became effective on October 19, 2000.
For Law 17-145, see notes following § 7-1501.01.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Mayor authorized to issue rules: Section 4 of D.C. Law 9-157 provided that the Mayor shall issue rules to implement the provisions of the act.
An organ procurement organization may screen, test, or recover eyes or tissues on behalf of an eye bank or tissue bank.
(Sept. 10, 1962, 76 Stat. 537, Pub.L. 87-656, § 9a, as added Apr. 15, 2008, D.C. Law 17-145, § 30(e)(4), 55 DCR 2532.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-145, see notes following § 7-1501.01.
(Sept. 10, 1962, 76 Stat. 537, Pub. L. 87-656, § 12; Feb. 24, 1987, D.C. Law 6-192, § 23, 33 DCR 7836.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-1606.
1973 Ed., § 2-259.
Legislative History of Laws
Law 6-192, the "Technical Amendments Act of 1986," was introduced in Council and assigned Bill No. 6-544, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 5, 1986, and November 18, 1986, respectively. Signed by the Mayor on December 10, 1986, it was assigned Act No. 6-246 and transmitted to both Houses of Congress for its review.
Nothing in this subchapter and §§ 43-119 and 43-125 shall be construed so as to affect the authority vested in the Mayor by Reorganization Plan No. 5 of 1952. The performance of any function vested by this subchapter and §§ 43-119 and 43-125 in the Mayor or in any office or agency under the jurisdiction and control of said Mayor may be delegated by said Mayor in accordance with § 3 of such Plan.
(Sept. 10, 1962, 76 Stat. 537, Pub. L. 87-656, § 13.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-1607.
1973 Ed., § 2-260.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Recodified as § 7-1551.01.
(May 18, 1970, 84 Stat. 218, Pub. L. 91-256; May 10, 1989, D.C. Law 7- 231, § 9, 36 DCR 492.)
