Human Tissue Use and Transfer

Policy

Human tissue obtained through clinical procedures or for research may be used within the Nebraska Medical Center campus organizations or transferred to external organizations consistent with the Nebraska Medical Center campus mission of patient care, teaching, research and outreach. Human tissue obtained for clinical and/or research purposes is the property of the Nebraska Medical Center Academic Clinical Enterprise (i.e. UNMC, UNMC Physicians and The Nebraska Medical Center). Use and Transfer of Human tissue (as defined in the Definitions section below) shall take place in accordance with the procedures below to ensure applicable regulatory and ethical standards are met. This policy applies to physical Human tissue and not to Human tissue images.

Definitions

Human tissue is any material derived from a human (including but not limited to blood, urine, DNA/RNA, tissues, organs, saliva, hair, nail clippings, or any other cells or fluids.

Transfer means Human tissue is being sent to an individual/organization outside of the Nebraska Medical Center campus organizations.

Use pertains to activities utilizing Human tissue within the Nebraska Medical Center campus organizations.

Procedures

Transfer for Clinical Purposes

Medical. The Nebraska Medical Center Pathology Department has responsibility and authority over clinical use of Human tissue. Human tissue may be transferred into and out of the Nebraska Medical Center campus organizations in accordance with The Nebraska Medical Center Policy MS.11, Removal of Specimens. Patients may also request transfer of their Human tissue to another health care provider for clinical purposes in accordance with Policy MS.11.

All vendors providing pathology services to patients must be approved by The Nebraska Medical Center Board of Directors as recommended by the Medical Staff and as required by Joint Commission, CAP and CLIA standards. Health care providers who wish to utilize a new external pathology vendor must submit a proposal to the Director, Clinical Pathology.

Dental. In accordance with the UNMC College of Dentistry Infectious Disease Control Policy as revised December 2020, "extracted teeth or other removed body tissues may be given to the patient from whom they were removed if the patient requests them and are not subject to OSHA Bloodborne Pathogens Standard."

The UNMC Oral Pathology Biopsy Service, in accordance with current CLIA regulations:

i. Refers any specimens for testing only to a CLIA-certified laboratory or a laboratory meeting equivalent requirements as determined by CMS.

ii. If the laboratory accepts a referral specimen, written instructions must be available to the laboratory's clients and must include, as appropriate, the information specified in section 493.1242, paragraphs (a)(1) through (a)(7) as specified in the current CLIA regulations.

Use/Transfer for Research Purposes

The UNMC Institutional Review Board (IRB) has responsibility and authority over research Use of Human tissue in the Nebraska Medical Center Academic Clinical Enterprise. See the resources listed below or contact the IRB to obtain additional guidance in this area. The principal investigator in charge of a tissue bank or other research protocol may Transfer Human tissue for research purposes to external individuals/organizations utilizing a Material Transfer Agreement (MTA). As appropriate, the Medical Director of Anatomical Pathology shall determine if there is sufficient Human tissue to meet research requests.

IRB Resources. Refer to the following policies and resources for further information:

i. UNMC Human Research Protection Program Policies & Procedures #7.2, "Collection, Storage and Use of Human Biological Material in Research”

ii. UNMC IRB Human Biological Material applications

For any planned Human tissue Transfer for research purposes, Investigators will be required to contact either UNeMed or Sponsored Programs Administration (SPA), as appropriate, with a request to have UNeMed or SPA, as appropriate, draft and put into place (i.e. complete) a Material Transfer Agreement (MTA) (see the section below titled: “Material Transfer Agreements (MTAs)” for further details. The MTA must be completed (i.e., signed by all relevant parties) before the Transfer can take place.

Use/Transfer for Educational Purposes

Use for UNMC Education

i. Education in this context refers to use by qualified undergraduate or graduate students in the course of the established curriculum for the UNMC, including the Colleges of Medicine, Allied Health, Dentistry, Nursing, Pharmacy and Public Health.

ii. Medical: Human tissue obtained during the course of normal clinical practice may be used for educational purposes within the Nebraska Medical Center Academic Clinical Enterprise in accordance with campus policies (including pathology and infection control policies) and state or federal law (including the Uniform Anatomical Gift Act).

iii. Dental: In accordance with the UNMC College of Dentistry Infectious Disease Control Policy as revised June 2014, "extracted teeth, oral tissues, or other tissues may be used for educational purposes in the preclinical laboratories". The decontamination of extracted teeth or other tissues for use in the preclinical laboratories is conducted in accordance with Centers for Disease Control recommendations.

Transfer for Medical/Dental Educational Purposes

Transfer of Human tissue to an accredited educational institution outside of the Nebraska Medical Center campus organizations is permitted, provided that the tissue is to be used by qualified undergraduate or graduate students in the course of an established curriculum for the institution to which they are being transferred. A Material Transfer Agreement (or similar written agreement) must be in place documenting the intended use as described above (see the section below titled “Material Transfer Agreements (MTAs)” for additional information).

Transfer of Tissue to Commercial Entity for Business Purposes

Transfer of Nebraska Medical Center Academic Clinical Enterprise Human tissue to an external commercial entity for business purposes is only permitted when such business purposes are consistent with the instructional, scholarship and research objectives of the University of Nebraska. "Business purposes" refers to exchange of Human tissue for money or other like compensation at cost or beyond the reasonable costs of procurement, storage, processing or shipping of tissue. "Consistent with the instructional, scholarship and research objectives of the University of Nebraska" means that the sale of Human tissue must support the objectives of the University, including financial support of infrastructure necessary for those goals. For UNMC Human tissue, the Chancellor, Vice Chancellor for Research, or Senior Vice Chancellor for Academic Affairs shall have the authority to determine if business purposes are consistent with the instructional, scholarship and research objectives of the University of Nebraska. For The Nebraska Medical Center Human tissue, the Chief of Pathology and the Chief Medical Officer shall have the authority to determine if the business purposes are consistent with organizational objectives. The Medical Director of Anatomic Pathology shall determine if there is sufficient Human tissue to meet the requests, as applicable.

Material Transfer Agreements (MTAs)

MTAs shall not be required for Human tissue Transfers for clinical purposes, including second opinions. MTAs shall be used for Human tissue Transfers for education and/or research purposes. When the education and/or research purpose for which the Human tissue Transfer is being requested is associated with a Sponsored Programs Administration (SPA) agreement, SPA should be contacted to draft and complete the MTA, otherwise UNeMed should be contacted to draft and complete the MTA. If the Transfer is to a research sponsor pursuant to sponsored research agreement that already incorporates sufficient Human tissue Transfer provisions (as determined by SPA and the UNMC IRB), a separate MTA will not be required. For further information, see Sponsored Programs Administration or UNeMed Material Transfer, as applicable.

Export Control

UNMC Policy No. 8005, Export Control, generally prohibits Transfers of Human tissue to any party subject to export sanctions under federal law. Other international Transfers of Human tissue may require export licenses or other federal authorizations. All international Transfers of Human tissue must therefore be reviewed for compliance with export control and related federal regulations.

To facilitate this evaluation, an Export Review Form must be submitted in advance to the Export Control Office. Forms and other information are available at the Transporting & Shipping Internationally website.

Additional Information

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