Mr. Joe A. Myers, President OpiniOll NO. M- 626
State Board of Morticians
Page Building Re: The extent of authority
610 Brazes Street of the State Board of
Austin, Texas Morticians to carry OF
investigations under article
4502b. Vernon's Civil
Dear Mr. Myers: Statutes.
Your request to this office for an opinion on the
above subject contained two questions as follows:
"1. Does the State Board of Morticians
have the legal right, under the enforcement
provisions of Article 4582b to request dis-
interment of a dead human body by the Medical
Examiner of Harris County?
"2. Does the County Medical Examiner have
authority under Article 49.25, C.C.P., to disinter
a human body for purposes of identification of
the torso, even though his records indicate an
autopsy and/or inquest was held on the body of
the decedent prior to burial?"
In answer to your questions, you are advised as to the
following pertinent statutory laws which apply under your
factual situation.
Article 458233in Section 3H, Vernon's Civil Statutes,
says in pertinent part as follows:
"The State Board of Morticians is hereby
authorized and empowered and it shall be its duty
to conduct hearings to revoke, suspend, or place on
probation any licensed funeral director and/or
embalmer, or apprentice, and may refuse to admit
persons to examination for any of the following
reasons : so.
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Mr. Joe A. Myers, Page 2 (M-626)
"2. Conviction of a crime of the grade of
a felony or of a misdemeanor involving moral
turpitude; ...
"12. Willfully making any false statement
on a certificate of death; ...'I
In Section 4DZ(b) of Article 4582b, the Board is
required to cause an investigation to be made whenever a
complaint is filed with or by the Board.
Pursuant to the obligations imposed upon the Board
by the statute, the Board is authorized to request the County
Medical Examiner to order an exhumation for good cause shown.
If the results of the Board's investigation show
possible violations of the penal laws of the State in regard
to dead human bodies, a factual report should be made to
the District Attorney and to the County Medical examiner who
will determine if an inquest should be held and whether an
autopsy should be performed.
Section 6 of Article 49.25 imposes a duty upon any
medical examiner, or his duly authorized deputy, to hold
inquest with or without a jury within his county, among other
things,
"3 . When the body of a human being is
found, and the circumstances of his death are
unknown;
"4. When the circumstances of the death
of any person are such as to lead to suspicion
that he came to his death by unlawful means. ..*'I
Section 7 of Article 49.25 makes it the duty of any
official or private citizen who shall become aware of a
death under any of the circumstances set out in Section 6
therein to immediately report such death to the office of
the medical examiner or to the city or county police department.
Section 10 of Article 49.25 provides that when a body
upon which an inquest ought to have been held has been interred,
the medical examiner, may cause it to be disinterred for the
purpose of holding such inquest.
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.
Mr. Joe A. Myers, Page 3 (M-626)
SUMMARY
-------
Under Article 458213,Vernon's Civil
Statutes, the State Board of Morticians has
authority to cause investigations of all
alleged violations which may constitute grounds
for prescribed actions by the Board against
its licensees. If probable cause exists from
such an investigation involving a dead human
body, the Board has a duty to report such
findings to the County Medical Examiner,
together with a request for exhumation.
Under Article 49.25, C.C.P., the County
Medical Examiner may cause a human body to be
disinterred if his findings of fact show a
need for an inquest to be held.
Yo& very truly,
Mf2a=
neral of Texas
Prepared by Sam L. Jones
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Acting Co-Chairman
Jo Betsy Lewallen
Joe Longley
Howard Fender
David Longoria
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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