(h) If the Commissioners grant the petition for reissuance, the petitioner must: (1) Take and pass the State Mortuary Law Examination; (2) Pay a fee that is equal to two times the normally required renewal fee; and (3) Satisfy continuing education requirements of §203.8 of this title. The Commissioners may require the petitioner to complete additional training to assure the (i) The Commissioners may place the licensee on probation for a period of not less than two years by authorizing the Executive Director to enter into an Agreed Order with the licensee. The Agreed Order shall specify the terms of the probation and the consequences of violating the Order. TAC Chapter 203. Licensing and Enforcement – Specific Substantive Rules. Sub-Chapter B: Duties of a Funeral Establishment/License Rule 203.21 First Call Definition petitioner’s competency to practice funeral directing and/or embalming.
and the appeal will be considered at the Commission’s next regularly scheduled meeting. (f) If the establishment employs a provisional licensee it is the responsibility of the Funeral Director in Charge and the provisional licensee to schedule case work sufficient for the provisional program. It is the responsibility of the Funeral Director in Charge to ensure that each provisional licensee is properly supervised while performing cases. (g) The Funeral Director in Charge shall retain the originals of all provisional license case reports with supporting documentation for two years from the completion date of the provisional program. (h) If a provisional licensee leaves the employment of a Funeral Director in Charge, the Funeral Director in Charge must file an affidavit as described in Occupations Code §651.304(d) within 15 days of employment termination. Rule 203.23 Embalmer in Charge (a) Each licensed commercial embalming establishment must at all times have a designated Embalmer in Charge, who is ultimately responsible for compliance with all mortuary, health, and vital statistics laws in the commercial embalming establishment. A commercial embalming establishment must designate an Embalmer in Charge at the time it receives its establishment license, and any time the Embalmer in Charge changes the commercial embalming establishment must notify the commission, on a form prescribed by the Commission, within 15 days. (b) The Embalmer in Charge must be generally available in the routine functions of the commercial embalming establishment in order to personally carry out his or her responsibilities. (c) The Embalmer in Charge may be served with administrative process when violations are alleged to have been committed in a commercial embalming establishment. (d) An individual may not be designated as the Embalmer and/or the Funeral Director in Charge of more than one establishment unless the additional establishments are operated as branches or satellites of a primary establishment, all of the establishments are under the same ownership, and no establishment is more than 100 miles from any other establishment held under the same ownership conditions. (e) In order to be designated Embalmer in Charge of more than one establishment, the licensee must submit a petition to the Commission that clearly explains how each of the criteria in subsection (d) of this section has been met. The Executive Director shall decide whether to grant the petition. The request and decision will be made part of the permanent licensing file. The Executive Director’s decision to deny may be appealed, in writing, to the Commissioners, and the appeal will be considered at the Commission’s next regularly scheduled meeting. The Executive Director shall advise interested parties of the action taken by the Commission in writing. (f) If the commercial embalming establishment employs a provisional licensee, it is the responsibility of the embalmer in charge and the provisional licensee to schedule case work sufficient for the provisional program. It is the responsibility of the embalmer in charge to ensure that each
(a) First Call is the beginning of the relationship between the consumer and the licensed funeral director acting on behalf of a licensed funeral establishment to prepare the body for burial or other disposition. The relationship is initiated by a family member or the person responsible for making arrangements for final disposition. (b) Transportation of a body sent to a morgue, or a funeral establishment for identification or autopsy at the request of a Justice of the Peace, Medical Examiner, or other official under Code of Criminal Procedure Chapter 49 does not constitute a First Call. Any expenses or items used specifically for the transportation of a body under this subsection are not items of choice for the consumer, including storage, and therefore are not the responsibility of the consumer to pay. (c) Licensed commercial embalming establishments are prohibited from authorizing first calls or dealing directly with the public for services or merchandise. Any removal of a deceased human body by a commercial embalming establishment must be initiated by a licensed funeral establishment prior to the removal. The commercial embalming facility must notate the name of the funeral establishment authorizing the removal on the release form. (d) Transportation of a body does not constitute a first call if the removal is done at the request of a health care facility or employee. However, if a family member or the person responsible for making arrangements for final disposition is present, the provisions of Occupations Code §651.401 prevail. Rule 203.22 Funeral Director in Charge (a) Each licensed funeral establishment must at all times have a designated Funeral Director in Charge, who is ultimately responsible for compliance with all mortuary, health, and vital statistics laws in the funeral establishment. A funeral establishment must designate a Funeral Director in Charge at the time it receives its establishment license, and any time the Funeral Director in Charge changes the funeral establishment must notify the Commission, on a form prescribed by the Commission, within 15 days. (b) The Funeral Director in Charge must be generally available in the routine functions of the funeral establishment in order to personally carry out his or her responsibilities. (c) The Funeral Director in Charge may be served with administrative process when violations are alleged to have been committed in a funeral establishment. (d) An individual may not be designated as the Funeral Director and/or an Embalmer in Charge of more than one establishment unless the additional establishments are under the same ownership and no establishment is more than 100 miles from any other establishment held under the same ownership conditions. (e) In order to be designated Funeral Director in Charge of more than one establishment, the licensee must submit a petition to the Commission that clearly explains how each of the criteria in subsection (d) of this section has been met. The Executive Director shall decide whether to grant the petition. The request and decision will be made part of the permanent licensing file. The Executive Director’s decision to deny may be appealed, in writing, to the Commissioners,
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Book Code: FTX1624
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