or an embalmer for direction or personal supervision for a first call. Sec. 651.460. Prohibited Practices Related to Failure to Comply with Other Legal Requirements (a) A person violates this chapter if the person: (1) Arranges for funeral services or merchandise and fails to provide a customer with a purchase agreement as required by Section 651.406; (2) Fails to retain and make available to the commission, on request, copies of all price lists, written notices, embalming documents, and memoranda of agreement required by this chapter for two years after the date of distribution or signing; (3) Violates this chapter, a rule adopted under this chapter, an order by the commission revoking, suspending, or probating a license, an order assessing an administrative penalty, or an agreement to pay an administrative penalty; (4) Allows the use of a dead human body by an embalming establishment for research or educational purposes without complying with Section 651.407; (5) Is associated with a funeral establishment, whether as an employee, agent, subcontractor, assignee, owner, or otherwise, and fails to comply with this chapter or a rule adopted under this chapter; or (6) Knowingly violates Section 711.002(l), Health and Safety Code. (b) A funeral establishment violates this chapter if: (1) The funeral establishment fails to substantially comply with Section 651.351; (2) The funeral establishment or a person acting on behalf of the funeral establishment violates Chapter 193 or 361, Health and Safety Code; (3) The funeral establishment, a person acting on behalf of the funeral establishment, or a person directly or indirectly connected with the funeral establishment violates Chapter 154, Finance Code, or a rule adopted under that chapter; or (4) The funeral establishment or a person acting on behalf of a funeral establishment allows or assists an unlicensed person to engage in an activity for which a person is required to hold a license under this chapter. (c) A crematory violates this chapter if the crematory or a person acting on behalf of the crematory allows or assists an unlicensed person to engage in an activity for which a person is required to hold a license under this chapter. Sec. 651.461. Defense to Violation A person licensed under this chapter does not violate this chapter by engaging in conduct regarding funeral arrangements under the direction of a person who: (1) Represents to the license holder that the person is authorized to make funeral arrangements for the deceased; and (2) Provides written directions to the license holder in the manner provided by Section 711.002, Health and Safety Code. (b) With respect to a violation of Section 651.453, 651.454(c), 651.459(c), 651.460(a)(5), 651.460(b)(2), or 651.460(b)(3), the commission may not initiate action against a funeral establishment if the complaint is based on the conduct of an employee, agent, or representative of the establishment: (1) Performed outside the scope and authority of employment; or (2) Contrary to the instructions of the funeral establishment.
(4) Places a chemical or substance on or in a dead human body to disinfect or preserve the body or to restore body tissues and structures without holding an embalmer’s license. (b) Notwithstanding Subsection (a)(4), a provisional license holder does not violate this chapter if the provisional license holder places a chemical or substance on or in a dead human body to disinfect or preserve the body or to restore body tissues and structures under the supervision of an embalmer. Sec. 651.458. Unethical Conduct by Funeral Establishment A person violates this chapter if the person makes a distinction in providing funeral information to a customer regardless of any affiliation of the customer or whether the customer has a present need for the services or merchandise. Sec. 651.459. Other Unethical Conduct in Providing Funeral Services (a) A person violates this chapter if the person: (1) Willfully makes a false statement on: (A) A death certificate, including forgery of a physician’s signature; or (B) A document required by this chapter or a rule adopted under this chapter; (2) Engages in fraudulent, unprofessional, or deceptive conduct in providing funeral services or merchandise to a customer; (3) Engages in dishonest conduct, willful conduct, or negligence in the practice of embalming or funeral directing that is likely to or does deceive, defraud, or otherwise injure the public; (4) Causes the execution of a document by the use of fraud, deceit, or misrepresentation; (5) Directly or indirectly employs a person to solicit individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral director, embalmer, or funeral establishment; (6) Misappropriates funds held by a license holder, a funeral establishment, an employee or agent of the funeral establishment, or another depository, that create an obligation to provide a funeral service or merchandise, including retaining for an unreasonable time excess funds paid by or on behalf of the customer for which the customer is entitled to a refund; or (7) Performs acts of funeral directing or embalming that are outside the licensed scope and authority of the license holder, or performs acts of funeral directing or embalming in a capacity other than that of an employee, agent, subcontractor, or assignee of a licensed funeral establishment that has contracted to perform those acts. (b) A funeral director or embalmer violates this chapter if the funeral director or embalmer states or implies that a customer’s concern with the cost of any funeral service or funeral merchandise is improper or indicates a lack of respect for the deceased. (c) A funeral director in charge violates this chapter if the funeral director in charge fails to provide a funeral director
Subchapter K. Disciplinary Actions and Procedures and License Denials Sec. 651.501. General Disciplinary Powers of Commission (a) After a hearing as provided by this subchapter, the commission may issue a reprimand, assess an administrative
penalty, revoke, suspend, or probate the suspension of a license or provisional license, order a license holder to pay a refund under Section 651.603, or impose any combination of those penalties for a violation of this chapter or a rule adopted under this chapter.
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Book Code: FTX1624
EliteLearning.com/Funeral
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