95.965 Addressing the Historical Injustices of Anatomical Specimen Use
MSSNY will advocate to AMSNY (Association of Medical Schools in the State of NY) for the return of human remains to living family members, or, if none exist, the burial of anatomical specimens older than 2 years where consent for permanent donation cannot be proven.
MSSNY will advocate that medical schools and teaching hospitals in NY State review their anatomical collections for remains of American Indian, Hawaiian Native, and Alaska Native remains and immediately return remains and skeletal collections to tribal governments as required by laws such as the Native American Graves and Repatriation Act.
MSSNY will advocate that medical schools and teaching hospitals in NY State review their anatomical collections for remains of Black and Brown people and other minority groups, and return remains and skeletal collections to living family members, or, if none exist, then respectful burial of anatomical specimens or remains.
MSSNY will seek legislation or regulation that requires the return of anatomic specimens of American Indian, Hawaiian Natives, Alaskan Natives and other minority groups.
MSSNY supports the creation of a national anatomical specimen database that includes registry demographics.
For purpose of differentiation and clarity, anatomical specimens, tissues and other human material that were collected and maintained for purposes of diagnosis and compliance under Clinical Laboratory Improvement Act (CLIA) where informed consent has been obtained are consistent with the goals of this resolution and that biospecimens donated for research, education, and transplantation with informed consents of donors (or, if available, next of kin if deceased) are consistent with the goals of this resolution as such materials can advance medical knowledge, improve the quality of healthcare and save lives.
MSSNY forward the above resolves and the following to the AMA for consideration at the next AMA HOD:
That our AMA study and develop recommendations regarding regulations for ethical body donations including, but not limited to guidelines for informed and presumed consent, care and use of cadavers, body parts, and tissue.
That our AMA continue to study and encourage research into the ethical implications of presumed consent as it relates to anatomical donations for research and medical education.
That our AMA amend policy 6.1.4 Presumed Consent & Mandated Choice for Organs from Deceased Donors should be amended as follows:
Physicians who propose to develop or participate in pilot studies of presumed consent or mandated choice should ensure that the study adheres to the following guidelines:
a) Is scientifically well designed and defines clear, measurable outcomes in a written protocol.
b) Has been developed in consultation with the population among whom it is to be carried out.
c) Has been reviewed and approved by an appropriate oversight body and is carried out in keeping with guidelines for ethical research.
Unless there are data that suggest a positive effect on donation, n Neither presumed consent nor mandated choice for cadaveric organ donation should be widely implemented. (HOD 2024 – 170)
