Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter B - DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE › Section 203.23 - Embalmer in Charge

Current through Reg. 49, No. 28; July 12, 2024
(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 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.