Sec. 651.410. Authorized Release of Information Nothing in this chapter prohibits a funeral director or establishment from releasing information under Chapter 696, Health and Safety Code. Subchapter J. Prohibited Practices Sec. 651.451. Certain Fraudulent and Deceptive Acts A person violates this chapter if the person: (1) Presents to the commission a license, certificate, registration, or diploma that was illegally or fraudulently obtained; (2) Uses fraud or deception in passing the examination, including impersonating or acting as a proxy for another person in the examination; (3) Purchases, sells, barters, or uses, or offers to purchase, sell, barter, or use, a license, registration, certificate, or transcript of a license, registration, or certificate in or incident to an application to the commission for a license or registration issued under this chapter; (4) Alters, with fraudulent intent, a license, registration, or certificate issued under this chapter or a transcript of a license, registration, or certificate; (5) Uses a license, registration, certificate, or diploma issued under this chapter or a transcript of a license, registration, certificate, or diploma that has been fraudulently purchased, issued, counterfeited, or materially altered; (6) Impersonates a funeral director, embalmer, or other person regulated under this chapter; (7) Permits another to use the person’s license or registration to perform an activity regulated under this chapter; or (8) Presents false certification of work done as a provisional license holder. (A) A misdemeanor related to the practice of embalming, funeral directing, or another activity regulated under this chapter; or (B) A felony; (2) Unfit to practice as a funeral director or embalmer because of insanity and determined by a court to be of unsound mind; or (3) Unfit to practice because of current substance abuse. Sec. 651.453. Unethical Advertising A person violates this chapter if the person uses an advertising statement of a character that misleads or deceives the public or uses, in connection with an advertisement, the name of a person who is falsely represented to be a license holder. Sec. 651.454. Other Unethical Conduct in Soliciting Customers (a) A person violates this chapter if the person, in arranging for funeral services or merchandise, fails to: (1) Provide a prospective customer at the beginning of the arrangement process with a copy of the brochure required by Section 651.404; Sec. 651.452. Lack of Fitness to Practice A person violates this chapter if the person is: (1) Convicted of: (2) Provide to a prospective customer inquiring in person about any funeral service or merchandise a retail price list for the prospective customer to keep; (3) Explain to a prospective customer that a contractual agreement for funeral services or merchandise may not be entered into before a retail price list is provided to the prospective customer; or (4) Provide general price information by telephone within a reasonable time. (b) A person violates this chapter if the person restricts, hinders, or attempts to restrict or hinder: (1) Advertising or disclosure of prices and other information regarding the availability of funeral services
and funeral merchandise that is not unfair or deceptive to consumers; or (2) An agreement for funeral services between a consumer and a funeral director or embalmer. (c) A person associated with a funeral establishment violates this chapter if the person solicits business or offers an inducement to secure or attempt to secure business for the funeral establishment unless the solicitation is made under a permit issued under Chapter 154, Finance Code. Sec. 651.455. False or Misleading Statements Regarding Funeral Merchandise or Funeral, Cemetery, or Crematory Services (a) A person violates this chapter if the person uses a statement that misleads or deceives the public, including a fraudulent statement or any other type of a false or misleading statement regarding: (1) A legal, religious, or cemetery requirement for funeral merchandise or funeral, cemetery, or crematory services; (2) The preservative qualities of funeral merchandise or funeral, cemetery, or crematory services in preventing or substantially delaying natural decomposition of human remains; (3) The airtight or watertight properties of a casket or outer enclosure; (4) The licenses held by the personnel in the operation of the cemetery, crematory, or funeral establishment; or (5) An activity regulated under this chapter, including the sale of funeral-related goods or services. Sec. 651.456. Unethical Conduct Regarding Custody of Dead Human Body A person violates this chapter if the person: (1) Takes custody of a dead human body without the permission of: (A) The person or the agent of the person authorized to make funeral arrangements for the deceased; or (B) A medical examiner or a justice of the peace who has jurisdiction over the body under Articles 49.02 49.05, Code of Criminal Procedure; (2) Refuses to promptly surrender a dead human body to a person or agent authorized to make funeral arrangements for the deceased; or (3) Violates any state law governing the transportation, storage, refrigeration, inurnment, interment, or disinterment of a dead human body. Sec. 651.457. Unethical Conduct Regarding Embalming (a) A person violates this chapter if the person: (1) Embalms a body without: (A) Receiving the express written or oral permission of a person authorized to make funeral arrangements for the deceased; or (B) Making a documented reasonable effort over a period of at least three hours to obtain the permission; (2) Embalms or attempts to embalm a dead human body without proper authority, evidence of which includes making an incision on the body, raising a circulatory vessel of the body, or injecting a chemical into the body; (3) Allows the presence or participation of a student for credit or satisfaction of academic requirements during the embalming of a dead human body without complying with Section 651.407; or
Book Code: FTX1624
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