authorization shall be retained according to Occupations Code §651.407. (f) Nothing in this rule diminishes the requirement of the establishment to abide by the Federal Trade Commission funeral rule regarding embalming disclosures. In the event of a conflict between this rule and the Federal Trade Commission funeral rule, the Federal Trade Commission funeral rule prevails. Rule 203.34 Retention of Documents To prevent the unfair or deceptive acts or practices specified in §203.46 of this title and §203.48 of this title, funeral providers must retain and make available for inspection by Commission officials true and accurate copies of the price lists specified in §203.46(b)(2) (5) of this title, as applicable, for at least two years after the date of their last distribution to customers, and a copy of each Purchase Agreement, as required by §203.47 of this title, for at least two years from the date of the arrangements conference. Rule 203.35 Location of Retained Records (a) All records required for retention by Occupations Code Chapter 651 and Rules of the Commission will be maintained for a minimum of two years within the physical confines of the licensed establishment where the funeral arrangements were made. The records must be made available to the person responsible for making arrangements for final disposition during regular business hours. Copies must be provided upon request to the Commission during the course of an investigation or inspection. (b) Any licensed establishment may submit a petition to the Commission requesting an exemption to the portion of subsection (a) of this section which requires that retained records be kept within the physical confines of the licensed funeral establishment where the funeral arrangements were made. Each petition will clearly state: (1) A brief explanation of the problem(s) created by maintaining the records at that location; (2) The rationale or justification for the granting of the exemption; (3) The specific remedy requested, including the alternative location selected; (4) Assurances that the records of the different establishments will not be commingled and the Commission will be able to easily access all records by name of the establishment, name of individual, or by date of service. (c) The Executive Director may grant the request only if the alternative location is a funeral establishment within 100 miles of the other funeral establishment and both have the same owner. (d) The Executive Director will advise the licensed establishment in writing of the action taken. An applicant for an exemption may appeal to the Commissioners, in writing, the Executive Director’s denial of the request for an exemption. The Commissioners’ decision is final and not subject to judicial review. (e) A funeral establishment is authorized to maintain its records in a digital or electronic format as long as the establishment has the ability to print the records at that establishment. complainant can show good cause to the Executive Director for the late filing. (b) The Commission’s complaint form provides space for the following information: (1) The name and business address of the licensee or establishment complained of; (2) The time and place where the act(s) occurred; (3) The nature of the act(s) set out in sufficient detail to enable the Commission to investigate the complaint
(16) Nothing in this section shall be interpreted to prohibit the use of supplemental or additional procedures or chemicals which are known to and accepted in the funeral service profession and which are not specifically mentioned in this subsection. (b) Minor variations in these procedures shall be permitted as long as they do not compromise the purpose of this rule as stated in subsection (a) of this section. (c) All embalming case reports must contain, at a minimum, all the information on the case-report form promulgated by the Commission. Funeral establishments may use other forms, so long as the forms contain all the information on the promulgated form. A case report shall be completed for each embalming procedure not later than the date of disposition of the body which was embalmed. The embalmer shall ensure that all information contained in the case report is correct and legible. The completed form shall be retained for two years following the procedure date. The embalming case report must be completed and signed by the licensed embalmer who performed the embalming procedure. (d) Nothing in this section shall be interpreted to require embalming if a family member or the person responsible for making arrangements for final disposition does not authorize embalming. Rule 203.33 Required Documentation for Embalming (a) If permission to embalm is oral, the funeral establishment must maintain for two years written documentation of the name of the person authorizing embalming, that person’s relationship to the deceased, and the time permission was obtained. (b) When oral or written permission to embalm cannot be obtained from the person authorized to make funeral arrangements, the funeral establishment must maintain for two years written documentation of the efforts taken as mandated by Occupations Code §651.457 to obtain permission to embalm. (c) In cases where a Medical Examiner or Justice of the Peace has given permission to a funeral establishment to take custody of a body, the receiving funeral establishment may not embalm the body until the person responsible for making arrangements for final disposition has given permission. Nothing in this subsection shall be construed as allowing a funeral establishment to initiate contact with the person authorized to make funeral arrangements. (d) Authorization to Embalm Form. (1) If embalming is performed, the Commission- promulgated Authorization to Embalm Form must be signed by a family member or the person responsible for making arrangements for final disposition when written authorization is secured. (2) The Commission’s Authorization to Embalm Form may not be altered and must be used in its adopted form. A copy of this form may be obtained from the Commission and may be reproduced by a licensed funeral establishment. (e) If a mortuary student who is not a provisional licensee is to assist the licensed embalmer, the authorization pursuant to Occupations Code §651.407 must be in the possession of the funeral establishment and/or embalmer at the time of the embalming. A copy of the mortuary student
TAC Chapter 203. Licensing and Enforcement – Specific Substantive Rules. Sub-Chapter C. Enforcement Rule 203.40 Complaints (a) Any person may file a written complaint with the
Commission concerning alleged violations of any statute over which the Commission has regulatory authority as well as the Rules of the Commission. A written complaint must be filed within two years of the event giving rise to the complaint. Complaints filed after the above stated period will not be accepted by the Commission unless the
Book Code: FTX1624
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