Overview
Body donation – whole body donation – represents a unique gift to science and medicine. Whole body donation is when a person voluntarily gives their body after death for science, medicine, or research. These anatomical donations can also be made by family members on behalf of a deceased loved one. In Texas, this generous act is protected and regulated by state laws. These donations are not for organ transplants but for teaching, research, and improving medical technologies. Donated bodies help train future physicians, develop new surgical procedures, and test advanced medical devices before they reach patients.
Why Whole Body Donation Matters
Whole body donation helps medical students learn through real hands-on practice. Textbooks alone are not enough to prepare doctors. Additionally, physicians currently in practice rely on donated bodies to improve surgical techniques. When a new procedure is developed, practicing surgeons often attend workshops where they learn and refine skills. In these cases, they use donated human bodies for learning, which is more realistic than animal models or virtual simulators.
Equally important, medical device companies depend on whole body donation programs. Companies that make joint implants, stents, or neural devices must test them using real human anatomy. Furthermore, physicians must learn to safely implant these devices in training labs before using them on live patients. According to experts, donated bodies remain essential for ethical and effective innovation in medical technology.
Forensic science also uses body donations. Texas State University studies how bodies break down after death to help police. Sam Houston State trains officers and students to find evidence. These programs help keep the public safe.
Whole Body Donation…a critical bridge between science, education, and medical innovation.
State Policy regarding Whole Body Donation
Two chapters of the Texas Health and Safety Code set the legal framework for whole body anatomical donation. Chapter 691 covers donations for science and teaching. The Texas Funeral Service Commission (TFSC) checks these programs. Chapter 692A makes sure Texas follows national standards about donation forms and registries.
Notably, in 2023 as part of a limited Sunset Review, the Texas Legislature updated Chapter 691 through Senate Bill 2040. The bill introduced licensing for anatomical suppliers and detailed the role of an advisory committee to help guide rulemaking. The law also emphasized ethical standards and accountability.
Unfortunately, implementation of Senate Bill 2040 stalled at the Texas Funeral Services Commission. Despite statutory obligations to adopt rules, promulgate donor consent and entity inspection forms, and create a tracking database for anatomical specimens, TFSC instead proposed legislation to largely undo the recently passed Senate Bill 2040 all while imposing an arbitrary and controversial ban on anatomical specimens coming into or going out of the state.
Recent Legislative Developments
In the 89th Texas Legislature, lawmakers introduced bills based largely on TFSC’s proposals. These measures would have added significant regulations for, or in some versions of the bill an outright prohibition on, non-transplant anatomical donation organizations (NADOs).
Senate Bill 2721 (2025) sought to rewrite Texas’ oversight of whole-body donation programs. It called for licenses, tracking systems for donated bodies, regular checks, and fines. The bill also updated some definitions and gave more power to the Texas Funeral Service Commission despite Commission’s failure to implement the current law enacted by Senate Bill 2040. While comprehensive, the bill stalled due to significant pushback from medical device manufacters, anatomical facilities, and others who rely on the use of anatomical specimens to further medical training and scientific research.
Key Challenges & Considerations
Several important challenges and considerations exist relating to whole-body anatomical donation:
1. Regulatory Stability and Structure at TFSC
Since assuming oversight of whole body donation in 2023, the Texas Funeral Service Commission (TFSC) has faced challenges in establishing a consistent and transparent regulatory framework. Input from the statutorily created advisory committee and industry stakeholders has, to date, not been fully incorporated into the rulemaking process. Leadership turnover and ongoing questions regarding potential conflicts of interest have further complicated the agency’s efforts.
The Commission is currently composed of three members from the funeral industry and four public members. This structure has prompted discussion about whether the agency’s composition provides sufficient independence in overseeing a system that may compete with traditional funeral services. As Texas evaluates future governance models, the placement of this function within TFSC warrants careful review.
2. Moratoriums on Anatomical Specimens
In 2024, TFSC issued a temporary ban on the export of anatomical specimens. The moratorium was expanded in early 2025 to include both imports and exports of whole bodies and body parts. These actions drew concern from medical device companies and training programs, which cited potential negative impacts on innovation and clinical preparedness. Legal challenges followed, and in response, TFSC lifted the importation ban and initiated leadership changes.
These events underscore the importance of clear, predictable policy implementation—particularly in areas involving science, education, and healthcare delivery.
3. Informed Consent and Transparency
Transparency remains central to the ethical operation of whole body donation programs. Donors and their families must be fully informed about the intended uses of donated bodies, the circumstances under which donations may be declined, and whether the donation will support device development or advanced surgical training. Providing comprehensive, accessible consent materials can help foster public confidence and uphold donor intent.
4. Maintaining Public Trust While Supporting Innovation
Texas faces the dual imperative of ensuring robust scientific advancement while maintaining public trust in the donation process. Whole body donation supports critical needs in medical education, forensic science, and device development. However, public support relies on the assurance that donation programs operate with transparency, accountability, and ethical integrity. Thoughtful regulation, grounded in practical oversight—not overly burdensome restrictions—can help strike this essential balance.
5. Upcoming Sunset Review of TFSC
The forthcoming limited Sunset Review of TFSC offers a timely opportunity to re-examine the agency’s role in overseeing whole body anatomical donation. This review can serve as a forum to assess the effectiveness of current statutes, improve regulatory clarity, and explore whether oversight responsibilities are appropriately housed. By engaging stakeholders and evaluating the broader public interest, the Sunset process can contribute to a more modern, effective framework for whole body donation in Texas.
Conclusion
Whole body donation in Texas serves as a critical bridge between science, education, and medical innovation. It helps train new doctors, refine surgical techniques, and advance medical device development. At the same time, it supports forensic science and public safety.
Even with recent efforts, many challenges remain. The Texas Funeral Service Commission’s leadership issues, lawsuits involving device companies, and stalled legislative efforts highlight the need for clearer and stronger policies. Moreover, families deserve absolute clarity when choosing donations.
Going forward, Texas lawmakers, regulators, university willed body programs, non-transplant anatomical donation organizations, and medical device companies must collaborate closely. They must ensure that whole body donation programs operate transparently and effectively. In doing so, the state can continue to honor a donor’s final gift to science and medicine.