2019 District of Columbia Code
Title 7 - Human Health Care and Safety.
Chapter 15 - Anatomical Parts.
Subchapter III - Human Tissue Banks.
§ 7–1541.03. Licenses.

(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.

(c) The Mayor may, after notice and hearing, deny, suspend, or revoke any tissue bank license issued or applied for pursuant to this subchapter and §§ 43-119 and 43-125.

(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.

(e) Except with respect to the provisions as to licensing, the provisions of this subchapter and §§ 43-119 and 43-125, and the regulations made pursuant thereto, shall apply to federal agencies situated in the District of Columbia, and to District of Columbia agencies.

(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.)

1981 Ed., § 2-1603.

1973 Ed., § 2-253.

This section is referenced in § 43-125.

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).

Embalming of dead bodies, handling of tissue, see § 43-125.

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.