liable if the person falsely represents he/she is the person entitled to control the disposition of the decedent. Rule 203.28 Establishment Chapel Requirements All funeral establishments must have a chapel in which funeral services may be conducted. All chapels shall provide, at a minimum: (3) Space for the casket; and (4) A lectern or a podium. Rule 203.29 In-Casket Identification (a) The inside of each casket must contain a durable, waterproof identification of the deceased person, including the person’s name, date of birth, and date of death. (b) Funeral establishments are exempt from complying with subsection (a) of this section if the deceased, family of the deceased, religious norms or cultural norms oppose such inclusion. A funeral establishment must keep a record of each instance of use of this exemption and on what grounds the exemption was applied. Rule 203.30 Interment or Entombment (a) A funeral director contracted to perform funeral directing services shall be present for graveside services included in the purchase agreement unless the graveside services take place outside Texas. (b) After the contracted graveside services end or if no graveside services take place, either a funeral director or an agent of the funeral establishment contracted to perform funeral directing services shall be present when the casket containing a human body is placed in a grave, crypt, or burial vault unless the interment or entombment takes place outside Texas. Rule 203.31 Facilities Necessary in a Preparation Room (1) Seating for 10; (2) Public access; (a) The Commission will approve only those preparation rooms which meet the requirements of Occupations Code Chapter 651 and the following minimum standards: (1) Must be of sufficient size and dimensions to accommodate an operating table, a sink with water connections, and an instrument table, cabinet, or shelves: (A) The operating table must be non-porous, with edges raised at least 3/4 inch around the entire table and a drain opening at the lower end; (B) The sink must have hot and cold running water and drain freely; and (C) Must be equipped with an aspirator; (2) Must contain an injection/embalming machine and sufficient supplies and equipment for normal operations; (3) Must be clean, sanitary, and only used for purposes related to the care of the deceased; (4) Must not have defective construction which permits the entrance of rodents; (5) Must not have evidence of infestation of insects or rodents; (6) Must be private and have no general passageway through it; (7) Must be properly ventilated with an exhaust fan that provides at least five room air exchanges per hour; (8) Must not have public restroom facilities located within the room; (9) Must have walls that run from floor to ceiling and that are covered with tile, or by plaster or sheetrock painted with washable paint; (10) Must have floors of concrete with a glazed surface, or tiled in order to provide the greatest sanitary condition possible; if tile is used, any grout or joint sealant must be unbroken and intact;
provisional licensee is properly supervised while performing cases. (g) The Embalmer 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 license holder leaves the employment of an Embalmer in Charge, the Embalmer in Charge must file an affidavit as described in Occupations Code §651.304(d), within 15 days of employment termination. Rule 203.24 Display of License (a) The funeral establishment license shall be conspicuously displayed in an area of the establishment open and accessible to the general public. (b) If a license holder is in contact with the public during the course of his or her job, the funeral establishment shall conspicuously display the holder’s license in each place of business at which the license holder practices. (c) If a license holder is not in contact with the public during the course of his or her job, the funeral establishment shall make the license available for inspection in each place of business at which the license holder practices. (d) A license is conspicuously displayed when it is placed in an area of the funeral establishment generally accessed by a consumer making funeral arrangements. (e) The displayed license must be an original non-expired license issued by the Commission. (f) In the event the license holder who assists the public and/ or embalms a dead human body is a temporary employee of the funeral establishment, the funeral establishment shall maintain a copy of the license holder’s original license for inspection by a customer or prospective customer. The copy of the license holder’s original license shall be maintained for a period of two years after the temporary employment occurred. (g) If a regular full- or regular part-time employee is no longer employed by the funeral establishment, the funeral establishment shall maintain a copy of the license holder’s original license for a period of two years after the employment ends. Rule 203.25 Display of Funeral Merchandise The Commission will approve only those display rooms in licensed funeral establishments which meet the requirements of Occupations Code Chapter 651, which are designed and utilized to allow the public to make a private inspection and selection of merchandise. Regardless of the type or method of overall merchandise selection used by the licensed funeral establishment, there must be a display of at least two full-size adult caskets, one of which must be the lowest priced casket offered for sale by the establishment. The funeral establishment also must display at least three adult caskets that are not required to be full-size: (1) In a partial panel display; or (2) By video or brochure, online, or in any other manner. Rule 203.26 Presentation of Consumer Brochure Consumer brochures as promulgated under §201.7 of this title (relating to Preparation and Dissemination of Consumer Information) shall be prominently displayed in the public view, offered free of charge for keeping to any person, and presented at the beginning of the arrangement conference for the disposition of a dead body. Rule 203.27 Identification of Person Responsible for Making Arrangements Prior to discussing funeral arrangements, a funeral director should ask the person his/her relationship to the decedent to ensure the right to control disposition priority as outlined by Health and Safety Code, §711.002(a) is followed. If possible, the person should acknowledge his/her right to control disposition in writing. A funeral director or establishment may not be held
Book Code: FTX1624
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