(B) If TFSC receives a complaint that alleges conduct by any person that constitutes possible violations of Title 3 of the Code, TFSC shall immediately notify the Department of the complaint for any appropriate action by the Department. (C) If either agency receives a complaint that alleges facts that constitute a violation of any other law, the complaint shall be referred to the appropriate state administrative agency or state or local law enforcement agency. (D) Each agency shall appoint at least one person to an interagency team that will meet at least biannually and at that time review each unresolved complaint that affects the agencies jointly. (i) If the complaint has not been referred for investigation and resolution, the team will refer the complaint to the Department, TFSC, or other appropriate state administrative or law enforcement agency, including the State Board of Medical Examiners, or local law enforcement agency. (ii) If the Department and the TFSC determine (E) To the extent allowed by law, each agency shall cooperate and assist the other in the investigation and resolution of complaints. The following actions may be taken where indicated in the other’s enforcement actions. (i) Either agency may request the assistance of the other in the investigation of a complaint. (ii) Each agency may share information obtained during the complaint investigation with the other agency when the subject matter of the complaint affects both agencies. (iii) Any information obtained by the TFSC that a complaint has been incorrectly referred, they will refer the complaint appropriately. available to testify in an administrative or judicial proceeding brought on behalf of the other agency, when the personnel has knowledge of information that is material to the subject matter of the proceeding. (e) Effective date . This section shall become effective on August 1, 1994. The MOU may be amended at any time upon mutual agreement of the agencies, and the amendments are effective as to each agency 20 days after the adopted amendments are filed with the Texas Register. Rule 201.17 Severability Clause The provisions of each section of the rules of the Commission are separate and severable from one another. If any provision is determined to be invalid, it is the Commission’s intention that the remaining provisions shall continue in effect. Rule 201.18 Agency Staff Training and Education (a) In accordance with the State Employee Training Act, Commission staff may be permitted or required to attend training or education programs if those programs are related to the employee’s duties or prospective duties, and the training materially aids effective administration of the Cemetery and Crematory Services, Funeral Directing, and Embalming Act or Commission rules and serves an important purpose. (b) The Commission’s Executive Director shall be eligible to attend training and education programs, and shall as a result of a complaint investigation is not subject to public disclosure under the Government Code §552.101, by virtue of Texas Occupations Code Chapter 651, §651.203, until the case has reached its final disposition. (iv) Each agency shall make its personnel
(8) Physician: Any individual licensed by the Texas Medical Board to practice medicine in this state. (d) Delegation of responsibilities . The Department and TFSC agree that the agencies shall have the following responsibilities. (1) The Department shall have primary responsibility for the enforcement of the laws, rules, and policies governing the collection and maintenance of a system of vital statistics, including the collection and maintenance of death records for the State of Texas. Except as may be otherwise provided by law, the Department shall: (A) Design the format and prescribe the data to be entered on all forms that constitute the death records of the state; (B) Prescribe the rules and procedures to be followed by a funeral director licensed by TFSC in executing his/her responsibility to secure the required data and file the completed death record; (C) Establish rules or policies to determine when a local registrar may accept the filing of a death record by a funeral director or the funeral director’s designee and the purposes for which each record may be used, including the filing and uses of a delayed death certificate; and (D) Enforce the provisions of the Health & Safety Code (Code) Chapter 193, in accordance with Chapter 195 of the Code relating to criminal penalties for violations of laws relating to vital statistics. These laws include Chapters 191, 192, and 193 of the Code and rules adopted thereunder. If the state registrar knows or suspects that a funeral director or a funeral establishment has violated the provisions of §195.003 or other provisions of Title 3 of the Code, he or she shall report the violation to the appropriate district or county attorney for prosecution. (2) The Texas Funeral Service Commission (TFSC) shall have primary responsibility for the enforcement of the laws, rules, and policies governing the licensing of funeral directors, embalmers, funeral and commercial embalming establishments. Except as may be otherwise provided by law, the TFSC has authority: (A) To inspect a funeral establishment for violations of Chapter 193 of the Code; and (B) To assess an administrative penalty or to reprimand, revoke, suspend, probate, deny, or impose any combination of sanctions against a licensee in accordance with Texas Occupations Code Chapter 651, if the licensee has violated Chapter 193 or 195 of the Code or 25 TAC Chapter 181 of the Department rules; (3) Referral, investigation, and resolution of complaint. (A) If the Department receives a complaint that alleges conduct by a funeral director or a funeral establishment that constitutes possible violations of Texas Occupations Code Chapter 651, or the rules adopted by TFSC under authority of Texas Occupations Code Chapter 651, the Department may refer the complaint to the TFSC for investigation and disposition; however, if the complaint describes conduct by any person or entity licensed under Texas Occupations Code Chapter 651 that constitutes possible violations of Chapters 193 and 195 of the Code, the Department shall retain jurisdiction over the subject matter of the complaint, investigate the complaint, and if valid, shall file a complaint with TFSC; or the Department or any local vital statistics registrar may refer the complaint to TFSC for investigation and adjudication.
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Book Code: FTX1624
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