context of the communications or materials sought to be disclosed warrant a protective order or whether the communications or materials are subject to disclosure. (4) The mediator may not, directly or indirectly, communicate with the ALJ or any Commissioner, concerning any aspect of ADR negotiations made confidential by this section. (2) A licensee shall provide to consumers and prospective consumers, where applicable, all statutorily required documentation, pricing information, and any other information concerning funerals, cremations, burials, pricing, merchandise, and services, including a consumer brochure and retail price list, in a manner which is neither unfair nor deceptive. (3) A licensee shall protect from disclosure confidential information pertaining to the deceased or the family of the deceased. (4) A licensee shall account properly for and remit any monies, documents, or personal property that belongs to others that comes into the licensee’s possession. (5) A licensee shall not participate, whether individually or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose, which he/she knew or should have known was the evasion of any provision of the laws or the rules of the Commission. (6) A licensee shall not provide information he or she knew or should have known was inaccurate, deceitful, or misleading to the Commission or a consumer while performing as a licensee. (7) A licensee shall not engage in any activity that constitutes dishonesty, misrepresentation, or fraud while performing as a licensee. (8) A licensee shall not solicit business or offer inducement to secure or attempt to secure business except where authorized by law. (9) A licensee shall not violate any statute, ordinance, or regulation affecting the handling, custody, care, or transportation of a decedent. It is imperative that the TFSC continues to ensure that competent, well-qualified professionals are licensed to serve the public while also ensuring compliance with statutory requirements via inspections and the investigation of violations. Funeral service professionals must be at the forefront of annual regulations and rules enacted, repealed, or amended. These laws implicitly affect their business, the services they provide, and their ethical responsibilities. Texas, State of. (n.d.). Occupations Code: Title 3. Health Professions. Subtitle L. Crematory Services, Funeral Directing, and Embalming. Chapter 651. Crematory Services, Funeral Directing, and Embalming . https://statutes.capitol.texas.gov/Docs/OC/htm/OC.651.htm Texas, State of, Office of the Secretary of State. (n.d.). Texas Administrative Code, Title 22: Examining Boards; Part 10, Texas Funeral Service Commission - Chapte rs. https://texreg. sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=2&ti=22
subject to process requiring disclosure of confidential information or data relating to or arising out of the matter in dispute. (3) If this section conflicts with other legal requirements for disclosure of communications or materials, the issue of confidentiality may be presented to the ALJ to determine whether the facts, circumstances, and (a) The licensee shall be knowledgeable of and adhere to all applicable federal and state laws, rules, codes, and all procedures established by the Commission. It is the obligation of the licensee to exercise reasonable judgment and skill in the performance of all duties and work performed as a licensee. (b) A licensee who performs his or her duties in a negligent or incompetent manner or does not perform his or her duties with honesty, integrity, or in a trustworthy manner violates Texas Occupations Code §651.459. (c) Integrity. (1) A licensee shall be honest and trustworthy in the performance of all duties and work performed as a licensee and shall avoid misrepresentation and deceit in any fashion, whether by acts of commission or omission. (2) A licensee shall refrain from engaging in acts or practices that constitute threats, coercion, or extortion. (3) A licensee shall respect a consumer’s right of personal choice and decisions with regard to making arrangements. (d) The primary duty of the licensee is to ensure compliance with all applicable federal and state laws, rules, and codes. The licensee’s position should be clear to all parties concerned while in the performance of all duties and work performed as a licensee. (e) Specific Rules of Conduct. (1) A licensee shall provide services to client families without regard to religion, race, color, national origin, sex, sexual orientation, or disability. Conclusion Texas residents of every race, age, religion, and socioeconomic group are impacted by the funeral and death care industry. According to the Texas Demographic Center (2023), in 2022, the Texas population surpassed 30 million, making the state second only to California in population. The Department of State Health Services (n.d.) reports that 2019 (the year before the COVID-19 pandemic) saw 203,099 deaths in Texas.
TAC Chapter 209. Ethical Standards for Persons Licensed by the Commission Rule 209.1 Ethical Standards
References Texas Demographic Center. (2023). Texas population growth ranks high in the U .S. https:// www.demographics.texas.gov/Visualizations/2023/Estimates2022/ Texas Department of State Health Services. (n.d.). Texas health data: Deaths . https:// healthdata.dshs.texas.gov/dashboard/births-and-deaths/deaths Texas Funeral Service Commission (TFSC). (n.d.a). https://www.tfsc.texas.gov Texas Funeral Service Commission (TFSC). (n.d.b). TFSC commissioners . https://tfsc.texas. gov/BoardMembers.html Texas Funeral Service Commission (TFSC). (n.d.c). TFSC governing laws. https://tfsc.texas. gov/Laws.html Texas Funeral Service Commission (TFSC). (n.d.d). TFSC news & things to know . https://tfsc. texas.gov/news.html Texas Funeral Service Commission (TFSC). (2020). 2021–2025 strategic plan . tfsc.texas.gov/ files/Statute/2021-2025%20TFSC%20Strategic%20Plan.pdf
Book Code: FTX1624
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