reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter A - LICENSING › Section 203.2 - Military Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a) This subsection
				  applies to a military service member, military veteran or military spouse as
				  defined by Occupations Code Chapter 55.
(b) The Commission shall issue an expedited
				  license to an applicant described in subsection (a) of this section who:
(1) holds a current license issued by another
				  jurisdiction that has licensing requirements that are substantially equivalent
				  to the requirements for the license in this state; or
(2) within the five years preceding the
				  application date held a license in this state.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter A - LICENSING › Section 203.3 - Retired/Disabled License

Current through Reg. 49, No. 28; July 12, 2024
(a) At the time of
				  license renewal, any licensed Funeral Director, Embalmer or dual licensee aged
				  65 or older will be placed in a Retired, Active status. Upon written
				  application to the Commission, a licensee may be placed in a Retired, Inactive
				  status.
(b) Upon written
				  application to the Commission, any licensed Funeral Director, Embalmer or dual
				  licensee with a disability of 75% or greater will be placed in a Disabled,
				  Active or Disabled, Inactive status. Proof of disability will be required at
				  the time of the application. If the Commission questions the validity of the
				  certification, a certification from a second source may be required. Submission
				  of required documentation does not imply a guarantee of acceptance of
				  documentation or approval of the application.
(c) Any individual holding an inactive
				  license will be subject to disciplinary action if the individual performs any
				  act of funeral directing and/or embalming.
(d) Any individual holding an inactive
				  license may convert at any time to either a Retired, Active or Disabled, Active
				  license upon written notification to the Commission and payment of applicable
				  licensing fees.
(e) The fee for
				  Retired, Active or Disabled, Active status is one-half the amount of the
				  license renewal fee charged for active status.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter A - LICENSING › Section 203.4 - Reciprocal License

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who
				  holds a funeral director's license or an embalmer's license issued by another
				  state, country or territory may reciprocate the license with the
				  Commission.
(b) Any applicant for a
				  license under this section shall file a sworn application. The application must
				  include the following information:
(1) a
				  statement the applicant is the person who holds the license and the applicant's
				  license is current and in good standing;
(2) an affidavit made by the governmental
				  entity or a registration officer of the state, country or territory that issued
				  the license that verifies the license is active and the qualifications provided
				  by the applicant are correct;
(3) a
				  copy of a certified transcript showing the applicant graduated from an
				  accredited college of mortuary science; and
(4) any other requirements necessary for
				  licensure under Occupations Code §
											651.253.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter A - LICENSING › Section 203.7 - Provisional License Reinstatement and Reapplication

Current through Reg. 49, No. 28; July 12, 2024
(a) A person whose provisional license is
				  cancelled for failure to timely renew the license as described in Occupations
				  Code §
										651.305
				  may apply for reinstatement no later than the date the license would have
				  expired if the license had been timely renewed. The applicant must pay the
				  renewal fee and penalty upon application. The reinstated provisional license
				  has the same expiration date as if the license had been timely
				  renewed.
(b) A person whose
				  provisional license is cancelled for failure to complete the program within the
				  prescribed time may apply for a new provisional license. As an applicant for a
				  new license, the person is required to submit to a new criminal background
				  check and retake and pass the State Mortuary Law Examination. Casework
				  completed under a previous license may not be counted toward the requirements
				  of the new license unless the applicant petitions the Executive Director for a
				  hardship exemption. The petition must demonstrate the personal situation and
				  reasons why the casework should count. If the Executive Director determines
				  that the previously completed casework should not be counted under the new
				  license, the Executive Director's decision may be appealed, in writing, and the
				  appeal will be considered at the Commission's next regularly scheduled
				  meeting.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter A - LICENSING › Section 203.8 - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Each person
				  holding an active license and practicing as a funeral director or embalmer in
				  this state is required to participate in continuing education as a condition of
				  license renewal.
(b) The following
				  words and terms, when used in this section, shall have the following meanings,
				  unless the context clearly indicates otherwise.
(1) Approved provider--Any person or
				  organization conducting or sponsoring a specific program of instruction that
				  has been approved by the Commission.
(2) Approved program--A continuing education
				  program activity that has been approved by the Commission. The program shall
				  contribute to the advancement, extension, and enhancement of the professional
				  skills and knowledge of the licensee in the practice of funeral directing and
				  embalming by providing information relative to the funeral service industry and
				  be open to all licensees.
(3) Hour
				  of continuing education--A 50-minute clock hour completed by a licensee in
				  attendance at an approved continuing education program.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter A - LICENSING › Section 203.9 - Licensure of Funeral Establishments and Commercial Embalming Establishments

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  New License Applications.
(1) Applications
				  for licensure must be submitted on forms developed by the Commission.
				  Applications shall be accompanied by applicable licensing fees, purchase
				  agreement forms, all price lists, and embalming case report forms to be used,
				  if applicable, which reflect the establishment's name and provide a placeholder
				  for the establishment's license number.
(2) The passage of an inspection is mandatory
				  for a new establishment seeking its initial licensure and for previously
				  licensed establishments that have changed physical location.
(3) The license shall be issued to the
				  establishment's owner.
(4) A change
				  of name or physical address requires the submission of a new establishment
				  license application.
(5) A new
				  license will not be issued unless all fees have been paid. Prior to a new
				  license being issued under paragraph (4) of this subsection, any outstanding
				  penalties of the previous establishment must be paid unless the penalties are
				  the subject of an administrative hearing or judicial review.
(6) A license expires on the last day of the
				  month 12 months from the date of issue.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter A - LICENSING › Section 203.10 - Preparation Room Exemption

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  funeral establishment may request, in writing, the Executive Director exempt a
				  funeral establishment from the requirement of having a preparation room. The
				  Executive Director may grant the request only if the establishment is within 50
				  miles of another funeral establishment that contains a preparation room and has
				  the same ownership.
(b) The funeral
				  establishment seeking the exemption must attest that no embalming services will
				  be performed at the exempt establishment.
(c) An applicant for an exemption may appeal,
				  in writing, the Executive Director's denial of the request to the
				  Commissioners. The Commissioners' decision is final.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter A - LICENSING › Section 203.11 - Establishment Names and Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each application for licensure shall contain the name to be used on the
				  license.
(b) Upon receiving an
				  application for a new establishment license, the Commission shall review
				  establishment names in its database. The Commission shall issue the license in
				  the requested name when all licensing requirements are satisfied, unless the
				  Commission determines that the name is deceptively or substantially similar to
				  the name of another licensed establishment in the same county, metropolitan
				  area, municipality, or service area. In these instances, the Executive Director
				  shall deny a license for a name that is deceptively or substantially similar to
				  the name of another establishment, unless that establishment agrees in writing
				  to the name's use.
(c) An
				  establishment's licensed name may be changed by following the procedure
				  outlined in §203.9 of this title (relating to Licensure of Funeral
				  Establishments and Commercial Embalming Establishments) and by satisfying the
				  requirements of subsection (b) of this section.
(d) An applicant for approval of a new or
				  changed name may appeal the Executive Director's denial of the request to the
				  Commissioners. The Commissioners' decision is final.
(e) All advertising on a website controlled
				  by an entity licensed by the Commission must operate as follows:
(1) The licensed name of the entity, or a
				  registered trademark or registered trade name belonging to the licensed entity
				  and the establishment's license number must appear on the contact information
				  page.
(2) Irrespective of the name
				  on the website, provisions must be made on the website so that an individual
				  who wishes to enter into a funeral-related transaction must not be able to
				  complete such a transaction without openly and apparently dealing with the
				  licensed entity under the licensed name as reflected in the records of the
				  Commission.
(3) All locations
				  advertised shall be licensed by the Commission.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter A - LICENSING › Section 203.12 - Temporary Operation Authorization - Damaged Establishments

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				  may grant a temporary operation authorization to a funeral establishment,
				  commercial embalming facility, or crematory to operate at a temporary location
				  if the licensed location is damaged by fire, flood, or other natural
				  disaster.
(b) The temporary
				  location must meet all the requirements for establishments under Occupations
				  Code Chapter 651 and the Rules of the Commission.
(c) The application for a temporary operation
				  authorization shall be in writing, shall detail the circumstances which prevent
				  the conduct of business at the licensed location, and shall provide an
				  estimated date by which the licensed location will be made ready for
				  operation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter A - LICENSING › Section 203.13 - Franchise Tax

Current through Reg. 49, No. 28; July 12, 2024
(a) Any taxable
				  entity, as defined under Tax Code §
										171.0002,
				  contracting with the Commission and/or any taxable entity that is an applicant
				  for a license or permit issued by the agency must certify in writing, on a form
				  provided by the agency, that its right to transact business in Texas is active,
				  that it is exempt from payment of the franchise tax or that it is an
				  out-of-state entity that is not subject to the franchise tax.
(b) The making of a false statement as to
				  franchise tax status on any license or permit application shall be grounds for
				  disciplinary action.
(c) The making
				  of a false statement as to franchise tax status with regards to a state
				  contract shall be grounds for cancellation of the contract at the option of the
				  agency by treating the statement as a material breach of contract.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter A - LICENSING › Section 203.15 - Required Notification of Criminal Conviction

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for licensure shall disclose
				  in writing to the Commission any conviction against him or her related to the
				  occupations of funeral directing or embalming as defined by §
										203.16(h)
				  of this title at the time of application.
(b) A current licensee shall disclose in
				  writing to the Commission any conviction against him or her related to the
				  occupations of funeral directing or embalming as defined by §
										203.16(h)
				  of this title at the time of renewal or no later than 30 days after judgment in
				  the trial court, whichever date is earlier.
(c) Upon notification of a conviction, the
				  Commission shall request that the person respond by filing information
				  demonstrating why the Commission should not deny the application or take
				  disciplinary action against the person, if already licensed. The response must
				  be filed within 21 days of the date of receipt of notice from the Commission.
				  An applicant for licensure is responsible for filing documentation that will
				  allow the Commission to take action under §
										203.16
				  of this title.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter A - LICENSING › Section 203.16 - Consequences of Criminal Conviction

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Commission may suspend or revoke a license or deny a person from receiving
				  a license on the grounds that the person has been convicted of a felony or
				  misdemeanor that directly relates to the duties and responsibilities of an
				  occupation required to be licensed by Occupations Code, Chapter 651 (Chapter
				  651).
(b) The Commission may not
				  consider an arrest that did not result in the person's conviction or placement
				  on deferred adjudication community supervision.
(c) The Commissioners may place an applicant
				  or licensee who has been convicted of an offense on probation 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.
(d) If the
				  Commissioners suspend or revoke a license or deny a person from getting a
				  license, the Commission must notify the person of the decision in writing. That
				  notice must explain any factor(s) considered under subsection (f) or (g) of
				  this section that served as the basis for the action and notify the licensee or
				  applicant he or she has the right to appeal that decision to SOAH.
(e) The Commission shall immediately revoke
				  the license of a person who is imprisoned following a felony conviction, felony
				  community supervision revocation, revocation of parole, or revocation of
				  mandatory supervision. A person in prison is ineligible for licensure.
				  Revocation or denial of licensure under this subsection is not subject to
				  appeal at SOAH.
(f) The Commission
				  shall consider each of the following factors in determining what crimes
				  directly relate to the duties and responsibilities of an occupation required to
				  be licensed under Chapter 651, and therefore are included in subsection (h) of
				  this section:
(1) the nature and seriousness
				  of the crime;
(2) the relationship
				  of the crime to the purposes for requiring a license to engage in the
				  occupations of funeral directing and/or embalming;
(3) the extent to which a license might offer
				  an opportunity to engage in further criminal activity of the same type as the
				  person previously had been involved;
(4) the relationship of the crime to the
				  ability or capacity required to perform the duties and discharge the
				  responsibilities of the licensed occupation; and
(5) any correlation between the elements of
				  the crime and the duties and responsibilities of the licensed
				  occupation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter A - LICENSING › Section 203.18 - Reissuance of Revoked Funeral Director and/or Embalmer License

Current through Reg. 49, No. 28; July 12, 2024
(a) A person whose
				  license to practice funeral directing and/or embalming has been revoked may,
				  after at least three years from the effective date of such revocation, petition
				  the Commission for reissuance of the license, unless another time is provided
				  in the revocation order.
(b) The
				  petition shall be in writing.
(c)
				  The Commissioners may grant or deny the petition. If the petition is denied by
				  the Commissioners, a subsequent petition may not be considered by the
				  Commissioners until 12 months have lapsed from the date of denial of the
				  previous petition.
(d) The
				  petitioner or his legal representative may appear before the Commissioners to
				  present the request for reissuance of the license.
(e) The petitioner shall have the burden of
				  showing good cause why the license should be reissued.
(f) In considering a petition for reissuance,
				  the Commissioners may consider the petitioner's:
(1) moral character;
(2) employment history;
(3) status of financial support to his
				  family;
(4) participation in
				  continuing education programs or other methods of staying current with the
				  practice of funeral directing and/or embalming;
(5) criminal history record, including
				  felonies or misdemeanors relating to the practice of funeral directing,
				  embalming and/or moral turpitude;
(6) offers of employment as a funeral
				  director and/or embalmer;
(7)
				  involvement in public service activities in the community;
(8) compliance with the provisions of the
				  Commission Order revoking or canceling the petitioner's license;
(9) compliance with provisions of Occupations
				  Code Chapter 651, regarding unauthorized practice;
(10) history of acts or actions by any other
				  state and federal regulatory agencies; or
(11) any physical, chemical, emotional, or
				  mental impairment.
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 203.21 - First Call Definition

Current through Reg. 49, No. 28; July 12, 2024
(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.
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 203.22 - Funeral Director in Charge

Current through Reg. 49, No. 28; July 12, 2024
(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, 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.
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 203.24 - Display of License

Current through Reg. 49, No. 28; July 12, 2024
(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.
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 203.25 - Display of Funeral Merchandise

Current through Reg. 49, No. 28; July 12, 2024
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.
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 203.26 - Presentation of Consumer Brochure

Current through Reg. 49, No. 28; July 12, 2024
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.
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 203.27 - Identification of Person Responsible for Making Arrangements

Current through Reg. 49, No. 28; July 12, 2024
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 liable if the person falsely represents he/she is the person entitled to
					 control the disposition of the decedent.
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 203.28 - Establishment Chapel Requirements

Current through Reg. 49, No. 28; July 12, 2024
All funeral establishments must have a chapel in which
					 funeral services may be conducted. All chapels shall provide, at a
					 minimum:
(1) seating for 10;
(2) public access;
(3) space for the casket; and
(4) a lectern or a podium.
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 203.29 - In-Casket Identification

Current through Reg. 49, No. 28; July 12, 2024
(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.
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 203.30 - Interment or Entombment

Current through Reg. 49, No. 28; July 12, 2024
(a) A funeral
				  director contracted to perform funeral directing services shall be present for
				  the public portion of graveside services 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.
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 203.31 - Facilities Necessary in a Preparation Room

Current through Reg. 49, No. 28; July 12, 2024
(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;
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 203.33 - Required Documentation for Embalming

Current through Reg. 49, No. 28; July 12, 2024
(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.
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 203.34 - Retention of Documents

Current through Reg. 49, No. 28; July 12, 2024
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.
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 203.35 - Location of Retained Records

Current through Reg. 49, No. 28; July 12, 2024
(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 rational 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 comingled and the Commission will be able
				  to easily access all records by name of the establishment, name of individual,
				  or by date of service.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter C - ENFORCEMENT › Section 203.40 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(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 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 and the licensee or establishment complained of to
				  identify the incident and prepare a response; and
(4) the names, addresses, and telephone
				  numbers of any persons who witnessed the acts.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter C - ENFORCEMENT › Section 203.41 - Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receiving
				  a written complaint, the complaint is given a complaint number and assigned to
				  an Investigator for review. The Investigator performs an initial analysis to
				  determine if the Commission has jurisdiction over the alleged violation and
				  whether a violation of a statute or rule may have occurred.
(b) If the Investigator, in consultation with
				  the Staff Attorney, determines that the Commission does not have jurisdiction
				  of the matter or that the complaint does not reflect a violation, the case is
				  administratively closed.
(c) If the
				  Investigator, in consultation with the Staff Attorney, determines that the
				  Commission has jurisdiction of the matter and that the complaint reflects a
				  violation, the Investigator will send a summary of the complaint to the
				  Respondent(s) along with a letter which outlines the alleged violation(s) and
				  requests a written narrative response and relevant documents. A redacted copy
				  of the complaint may be provided to the Respondent upon request. The
				  Respondent(s) has 15 days from receipt of the letter to respond.
(d) In the course of the investigation or
				  upon request of the Staff Attorney, the Investigator may request additional
				  information from the Complainant, the Respondent(s), or any
				  witnesses.
(e) The Investigator
				  will prepare an Investigative Report (Report) for the Staff Attorney's review.
				  The Report must contain the Investigator's findings and any applicable
				  administrative penalties or license sanctions based upon the Administrative
				  Penalties and Sanctions Schedule under §
										203.43
				  of this title.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter C - ENFORCEMENT › Section 203.42 - Notice and Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon Staff
				  Attorney approval of an Investigative Report (Report) finding a violation has
				  occurred, the Investigator will send the Respondent(s) a copy of the Report and
				  a letter notifying the Respondent(s) of the Commission's determination to
				  assess an administrative penalty and/or sanction the Respondent's
				  license(s).
(b) The Respondent(s)
				  has 30 days from receipt of the letter to respond to this correspondence. The
				  Respondent(s) can accept the Commission's determination or can request to
				  settle the case by formal or informal methods. Failure to respond within 30
				  days waives the right to a hearing and requires payment of the assessed penalty
				  and/or enforcement of the license sanction.
(c) Informal methods to settle a case can
				  include the following options:
(1) Informal
				  negotiation with the Staff Attorney or
(2) Informal settlement conference with
				  Executive Director, Staff Attorney and Investigator. Additionally, the
				  complainant shall be given an opportunity to present his/her allegations at the
				  settlement conference.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter C - ENFORCEMENT › Section 203.43 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If a person violates any provision of Occupations Code, Chapter 651; Health and
				  Safety Code, Chapters 193, 361, 695, 711, 716; Finance Code Chapter 154; Tex.
				  Admin. Code, Title 22, Part 10; or an order of the Executive Director or
				  Commissioners, proceedings may be instituted to impose administrative
				  penalties, administrative sanctions, or both administrative penalties and
				  sanctions in accordance with the provisions of Occupations Code §§
										651.5515 -
				  651.552.
(b) The Administrative Penalties and
				  Sanctions Schedule published following this section sets penalty limits and
				  ranges by class of offense and number of offenses.
(c) The Commission may negotiate a lower
				  penalty than outlined in the Administrative Penalties and Sanctions Schedule
				  based on the following factors:
(1) Attempts
				  by the licensee to correct or stop the violation;
(2) Number of complaints previously found
				  justified against licensee;
(3)
				  Whether the act was unintentional; and
(4) Other mitigating factors that could
				  warrant a lower penalty.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter C - ENFORCEMENT › Section 203.44 - Procedures and Criteria for Inspections of Licensed Entities

Current through Reg. 49, No. 28; July 12, 2024
(a) Inspection
				  Procedures.
(1) All licensed funeral
				  establishments, commercial embalming facilities, and crematories shall be
				  inspected at least once every two years.
(2) All inspections shall be
				  unannounced.
(3) The inspector
				  shall review prior inspection reports before inspecting a licensed entity. If
				  prior reports reveal problems, the inspector shall determine whether the
				  licensed entity has corrected the previously identified problems or whether a
				  pattern of violations or new violations exist.
(4) Inspectors shall use reasonable efforts
				  to conduct inspections between the hours of 8:00 a.m. and 5:00 p.m., but a
				  licensed entity is required to be open at all times to inspections for
				  violations of Occupations Code, Chapter 651, and Health and Safety Code,
				  Chapters 193, 361, 711, and 716.
(5) If a licensed entity is not open for
				  business during regular business hours and an inspector is unable to contact
				  any employee or owner to open the licensed entity to conduct the inspection,
				  the inspector shall notify the licensed entity by mail of the attempted
				  inspection. If a licensed entity is unavailable for inspection during regular
				  business hours twice during a six-month period, the Commission may file a
				  complaint against the licensed entity, making the licensed entity subject to an
				  administrative penalty or other action.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter C - ENFORCEMENT › Section 203.47 - Purchase Agreement (Statement of Funeral Goods and Services Selected)

Current through Reg. 49, No. 28; July 12, 2024
(a) Funeral
				  providers must give an itemized written statement for retention to each person
				  who arranges a funeral or other disposition of human remains, at the conclusion
				  of the discussion of arrangements. The Purchase Agreement must list at least
				  the following information:
(1) the funeral
				  goods and funeral services selected by that person and the prices to be paid
				  for each of them, unless there is a discounted package arrangement that
				  itemizes the discount provided by the package arrangement;
(2) specifically itemized cash advance items.
				  (These prices must be given to the extent then known or reasonably
				  ascertainable. If the prices are not known or reasonably ascertainable, a good
				  faith estimate shall be given and a written statement of the actual charges
				  shall be provided before the final bill is paid.);
(3) the total cost of the goods and services
				  selected;
(4) the complete
				  description of all goods purchased as described in §203.46(2) - (5) of
				  this title.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter C - ENFORCEMENT › Section 203.48 - Misrepresentations

Current through Reg. 49, No. 28; July 12, 2024
(a) Embalming
				  provisions.
(1) In selling or offering to
				  sell funeral goods or funeral services to the public, it is deceptive act or
				  practice for a funeral provider to:
(A)
				  represent that state or local law requires that a deceased person be embalmed
				  when such is not the case; or
(B)
				  fail to disclose that embalming is not required by law except in certain
				  special cases, if any.