the Health and Safety Code Chapters 193 and 195, concerning the completion and filing of death records. (2) The Department and the TFSC will implement the cooperative procedure described in this memorandum to refer complaints to the other agency when that complaint falls within the other agency’s jurisdiction or may have an effect on the administration and enforcement of the law for which the other agency is responsible. (3) The Department and the TFSC will implement the cooperative procedure described in this MOU in order to notify the other agency of violations of Health and Safety Code Chapters 193 and 195; and Texas Occupations Code Chapter 651 by funeral directors and funeral establishments, and to assist and encourage funeral directors, embalmers, and funeral establishments to conform their activities relating to the completion and filing of death records. (4) The MOU does not limit the authority of either agency, acting in its own capacity under state or federal law, to investigate complaints that fall within that agency’s statutory jurisdiction. (c) Definitions . The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agency: Texas Department of State Health Services or the Texas Funeral Service Commission. (2) Death record: A report of death, death certificate, or a burial-transit permit, and such other forms as the Texas Department of State Health Services determine to be necessary. (3) Department: The Texas Department of State Health Services or any local registrar. (4) Funeral Director: A person who for compensation engages in or conducts, or who holds himself out as being engaged, for compensation, in preparing, other than the embalming, for the burial or disposition of dead human bodies, and maintaining or operating a funeral establishment for the preparation and disposition, or for the care of dead human bodies. (5) Funeral establishment: A place of business used in the care and preparation for burial or transportation of dead human bodies, or any other place where one or more persons, either as sole owner, in co-partnership, or through corporate status, represent themselves to be engaged in the business of embalming and/or funeral directing, or is so engaged. (6) Local registrar: (A) The justice of the peace is a local registrar of births and deaths in a justice of the peace precinct. However, the duty of registering births and deaths may be transferred to the county clerk if the justice of the peace and the county clerk agree in writing and the agreement is ratified by the commissioners court. (B) The municipal clerk or secretary is the local registrar of births and deaths in a municipality with a population of 2,500 or more. (C) If a local registrar fails or refuses to register each birth and death in the district or neglects duties, the county judge or the mayor, as appropriate, shall appoint a new local registrar and shall send the name and mailing address of the appointee to the state registrar. (7) Person: (A) Includes corporation, organization, government, or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity; or (B) Includes individual, corporation, or association where enforcement of Health and Safety Code Chapter 195 is involved.
(D) In the event that the Commissioner of Insurance issues an order against a person that also sells, funds, or provides prepaid funeral benefits or is subject to the jurisdiction of the DOB or the TFSC, the TDI will send the DOB and the TFSC a copy of the order. (e) Actions the agencies regard as deceptive trade practices. (1) The TFSC, the DOB, and the TDI regard as deceptive trade practices those actions found under Business and Commerce Code §17.46. (2) With respect to trade practices within the business of insurance, the TDI regards as deceptive trade practices those actions found under Insurance Code Chapter 541, other chapters of the Code, and the regulations promulgated by the TDI thereunder. (f) Information the agencies will provide consumers and when that information is to be provided. (1) TFSC, DOB, and TDI will continue to provide consumers with the brochure entitled “Facts About Funerals” developed by TFSC (in Spanish and in English). DOB will continue to provide consumers with information on its website in accordance with Finance Code §154.132, including the informational brochure developed in accordance with Finance Code §154.131. (2) DOB, TDI, and TFSC will maintain their toll-free numbers. (3) TFSC, DOB, and TDI, as state agencies, are subject to the Public Information Act, Government Code Chapter 552. Upon written request, the three agencies will provide consumers with public information which is not exempt from disclosure under that Act. As noted in the preamble to this JMOU, the agencies may, where not statutorily prohibited, exchange information necessary to fulfill their statutory responsibilities among each other, without making such information public information under the Public Information Act. (g) Administrative penalties each agency imposes for violations. (1) Texas Funeral Service Commission. The TFSC may impose an administrative penalty, issue a reprimand, or revoke, suspend, or place on probation any licensee who violates Finance Code Chapter 154. TFSC administrative penalties vary based on the violation; TFSC sanctions are imposed under Occupations Code Chapter 651. (2) Texas Department of Banking. DOB administrative penalties vary based on the violation; DOB sanctions are imposed under Finance Code Chapter 154. (3) Texas Department of Insurance. TDI administrative penalties vary based on the violation; TDI sanctions are imposed under Insurance Code Chapter 82. Rule 201.16 Memorandum of Understanding with the Texas Department of State Health Services (a) Purpose . The purpose of this section is to implement Texas Occupations Code Chapter 651, 76th Legislature, 1999, and Health and Safety Code Chapters 193 and 195. In an effort to better protect the public health, safety, and welfare, it is the legislative intent of the laws of the Texas Department of State Health Services (Department) and the Texas Funeral Service Commission (TFSC) to adopt by rule a memorandum of understanding to facilitate cooperation between the agencies by establishing joint procedures and describing the actual duties of each agency for the referral, investigation, and resolution of complaints affecting the administration and enforcement of state laws relating to vital statistics and the licensing of funeral directors and funeral establishments. (b) Scope . (1) The Memorandum of Understanding (MOU) includes the respective responsibilities of the Department and the TFSC in regulating any person or entity under
Book Code: FTX1624
Page 23
EliteLearning.com/Funeral
Powered by FlippingBook