The Texas Health and Human Code, Section §716.004, requires that a crematory establishment may not cremate human remains within 48 hours of the time of death indicated on a death certificate unless the waiting period is waived in writing by the medical examiner of the county in which the death occurred or by a court order. In compliance with the statute, the Tarrant County Medical Examiner’s Office has established a written policy that outlines the process of making a request for a waiver during regular business hours and outside of regular business hours, including on weekends and holidays.
In all other cases, after the mandatory waiting period, the cremation can be performed. However, the crematory is required to obtain a cremation permit from the Medical Examiner’s Office. If the death was not a medical examiner’s case, the Medical Examiner’s Office requires the funeral director to provide a copy of the death certificate signed by a physician before a cremation permit issues.
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