Untitled Texas Attorney General Opinion ( 1947 )

B-707
TEEAITORNEYGENERAL
sm-T~ak;As
AUSTIN. TEXAS
August 25, 1947
Hon. Raymond F. Blount Opinion No, ,V-358.
Secretary-Treasurer -
state Anatomical Board Re: Whether Art. 4584, V.C.S.,
University or Texas requiring delivery of dead
Medical Branch bodies to the Anatomical
Galveston, Texas Board or the State of Texas
is mandatory; and, whether
persons embalming for the
Anatomical Board are ex-
empt rrom the requirements
of an embalmer's lioense
under the provisions of
Article 761, V.P,C.
Dear IIre Blount:
Your letter of July 26 asks our advice on two
questions, .the first or which is: Whether the provis-
ions of Article 4584, Vernon!s Civil Statutes, are man-
datory." So far as pertinent to your inquiry and for
the proper analysis of the question, we.~quote from Arti-
cle 4584 as rollows:
"All public officers, agents, and ser-
vants, and all officers, agents and servants
cf any county, city, town, district or other
municipality, and of any and every almshouse,
prison, morgue, hospital, or any other pub-
lic institution, having charge or control of
dead human bodies required to be buried at
public expense are hereby re uired after not-
ification in writing by sai-+%---'oard or its duly
authorized officers, or persons designated by
the authorities of said board, then and there-
after to announce to said board, its author-
ized orricer or agent, whenever such body or
bodies come into his or their possession,
charge or control, and shall without Pee or
reward greater than the-e of such l'ee as
was paid in any county, city, town, or munici-
pality on the third day of April, 1907, for
the burial of pauper bodies, deliver such body
Hon. Raymond F’. Blonnt, Page 2, V-3.58.
or bodies, and permit the said board and its
agents and the physicians and surgeons, rrom
time to time designated by them who may com-
ply with the provisions of this law, to take
and remove all such bodies as are not desired
for post mortem examination by the medical
stair of public hospitals or institutions ror
the insane, to be used within this State ror
the advancement of medical science. e . .))
(Xmphasis supplied throughout this opinion).
Certain exceptions are provided for bodies hav-
ing claimants and for those bodies with contagious dis-
eases. Further provisions are made governing the length
of time which shall expire after death and arter notice
to those notified to take charge of the body, artsr which
the body becomes subject to disposal under the provisions
of this Article. The Article rurther provides that "do-
livery shall be made as soon thereafter to said Board,its
orricers, Or agents, as may be possibleoR
The Board referred to was created by Art, 4583,
V. c. s., as the Anatomical Board of the State of Texas.
It is made up of the Profesaor of Anatomy and the Profrs-
sor of Surgery of each of the medical schools or colleges
incorporated in the State of Texas, and of the ssvoral med-
ical and dental schools and colleges inqoqoratsd in this
State. Other provisions are made for proper sareguarda
in connection with the handling of dead bodies, and for
the organization, functions and expenses of the Anatomi-
cal Board0
The statute seems to be clear in requiring those
in charge or-dead bodies, named within the statutes, to
deliver them, under the circumstances set out in the stat-
ute, to the Anatomical Board or as directed by it. The
words vshallv and 'required" used in this Article when con-
sidered in connection with the general purposes and subject
matter of the statute bear out the position that this stat-
ute is mandatory. To construe the statute otherwise would
leave the Anatomical Board entirely subject to the pleas-
ure of those named in the statutes and would offer little
assurance of a supply of subjects upon which the medical
institutions might facilitate the instruction there given.
Your second question asks whether those persons
embalming for the Anatomical Board are exempt within the
terms or Article 761, Vernon's Penal Code, from the rs-
qnirsment contained in Art, 759 of Vernon's Penal Code,
Hon. Raymond F. BLount , Page 3) V-358.
that “every person engaged in or desiring to engage in
the practice of embalming in connection with the care
and disposition of dead bodies within this State shall
make a written application to the State Board of Embalm-
ing for a license”, etc.
Article 761 of the same Chapter, providing ex-
emptions , reads :
“This chapter does not apply to one
simply engaged in the furnishing of burial
receptacles, nor is it intended to apply
to or interfere with the duties of anv muni-
cipal~, county or State officer or State in-
stitution.”
Article 4583 .creates the Anatomical Board as
an official body and its members are, therefore, State
officers. Their duties and the activities of those per-
forming neoessary acts in carrying out those duties un-
der the direction of the Anatomical Board are clearly
not subject to the embalmer’s license law.
This opinion is not to be understood as Limit-
ing or restricting the application of Rules77 through
86 of Article 4477, Vernon’s Civil Statutes, regulating
the transportation of dead bodies,
The provisions of Art. 4504 V.C.S., re-
quiring the delivery of dead bodies under the
circumstances therein set out, to the Anato-
mical Board of the State of Texas, is manda-
tory.
Embalming of dead bodies in the custody
of the Anatomical Board is not required to be
done by a Licensed embalmer. Art. 761 V.P.C.
Very truly yours
APPROVED ATTOE?EY GENERALOF TEXAS
7 -
FITr- T ASSISTANT By?dm&-
ATT0 RNEYGENERAL Ned McDaniel
Assistant
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