unacceptable criminal history as defined by §203.16(h) of this title. (2) The Commission shall credit verified military service or training of the applicant described under paragraph (1) of this subsection toward the requirements outlined under this section. (3) A Joint Services Transcript, or comparable document issued by the United States military, is required to verify military training or education. Rule 203.7 Provisional License Reinstatement and Reapplication (a) A person whose provisional license is cancelled for failure to timely renew the license as described in Occupations Code, §651.305 may apply for reinstatement no later than the date the license would have expired if the license had been timely renewed. The applicant must pay the renewal fee and penalty upon application. The reinstated provisional license has the same expiration date as if the license had been timely renewed. (b) A person whose provisional license is cancelled for failure to complete the program within the prescribed time may apply for a new provisional license. As an applicant for a new license, the person is required to submit to a new criminal background check and retake and pass the State Mortuary Law Examination. Casework completed under a previous license may not be counted toward the requirements of the new license unless the applicant petitions the Executive Director for a hardship exemption. The petition must demonstrate the personal situation and reasons why the casework should count. If the Executive Director determines that the previously completed casework should not be counted under the new license, the Executive Director’s decision may be appealed, in writing, and the appeal will be considered at the Commission’s next regularly scheduled meeting. Rule 203.8 Continuing Education (a) Each person holding an active license and practicing as a funeral director or embalmer in this state is required to participate in continuing education as a condition of license renewal. (b) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Approved provider: Any person or organization conducting or sponsoring a specific program of instruction that has been approved by the Commission. (2) Approved program: A continuing education program activity that has been approved by the Commission. The program shall contribute to the advancement, extension, and enhancement of the professional skills and knowledge of the licensee in the practice of funeral directing and embalming by providing information relative to the funeral service industry and be open to all licensees. (3) Hour of continuing education: A 50-minute clock hour completed by a licensee in attendance at an approved continuing education program. (c) Approval of continuing education providers. (1) A person or entity seeking approval as a continuing education provider shall file a completed application on a form provided by the Commission and include the continuing education provider fee and the fee for each course submitted. Governmental agencies are exempt from paying this fee. (2) National or state funeral industry professional organizations may apply for approval of seminars or other courses of study given during a convention. (3) An application for approval must be accompanied by a syllabus for each course to be offered which specifies the course objectives, course content, and teaching methods to be used, and the number of credit hours
(m) Prior to issuing a regular license, the Commission must receive the affidavit described by subsection (l) of this section and the fees required for regular licensure. (n) Examination Requirements. (1) An applicant for full licensure as a funeral director from the certificate program must pass the Texas State Board Examination as described in Occupations Code, §651.255. (2) An applicant for full licensure who holds an Associate of Applied Science degree is required to pass either or both of the examinations as described in Occupations Code, §§651.255 651.256. (3) Prior to being issued a provisional license, an applicant must pass the State Mortuary Law Examination (4) A passing score of at least 75% is required for each examination described in paragraphs (1) - (3) of this subsection. (o) A person who fails to submit an application within 6 months after submitting to a criminal background check may be required to submit a subsequent background check. Rule 203.6 Provisional License Case and Reporting Requirements (a) Forty five (45) cases are required for the provisional funeral director license program, at least 10 of which must be complete cases. A complete funeral directing case consists of all major actions from the time of first call through interment or other disposition of the body. (b) Forty five (45) cases are required for the provisional embalmer license program, at least 10 of which must be complete cases. A complete embalming requires the provisional embalmer to handle all major actions included in §203.32 of this title performed on a particular body. administered by the Commission. If a person fails to submit an application for licensure within 6 months of taking the Mortuary Law Examination, the score is invalidated and the person must retake and pass the exam prior to licensure. (c) It is the responsibility of the Funeral Director in Charge or the Embalmer in Charge, whichever is applicable, and the provisional licensee to schedule case work sufficient to fulfill the requirements of the provisional program. (d) Each case on a case report form shall be certified by the licensee under whom the provisional licensee performed the work. Both the supervising licensee and the provisional licensee are subject to disciplinary action if the information submitted to the Commission is not true and accurate. (e) The provisional licensee must file with the Funeral Director in Charge or the Embalmer in Charge, whichever is applicable, a report outlining the number of cases performed and the name of the funeral director or embalmer under whom the cases were supervised. If a provisional licensee adds/moves to a new funeral establishment or commercial embalming facility, a separate case report form must be started. If a Funeral Director in Charge or the Embalmer in Charge changes, a separate case report form must be started. All signed case report forms accumulated during the provisional period may be used to verify the total number of cases performed. (f) Provisional licensees shall retain copies of all case report forms with supporting documentation for two years from the completion date of the provisional program. (g) Of the 45 required cases, a provisional license holder may include up to 10 cases performed at an accredited mortuary college whether or not the person held a provisional license at the time the cases were performed and if the college certifies to the Commission that the cases were successfully completed. (h) Case Reporting for Military Provisional Licensees (1) This subsection applies to an applicant who is a military service member or a military veteran as defined by Occupations Code Chapter 55 and does not have an
Book Code: FTX1624
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