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 203.5 - Provisional License

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  for a provisional license must meet the eligibility requirements of Occupations
				  Code, §
										651.302
				  and shall submit to a criminal background check. Upon written application, the
				  Commission shall waive the requirements of Occupations Code, §
										651.302(a)(2)
				  and (b)(2) for a period not to exceed 12
				  months to an applicant who is otherwise qualified. This education waiver may be
				  granted only to a person who has never held a provisional license issued by the
				  Commission.
(b) An applicant who is
				  enrolled in an accredited mortuary college must have the college forward a
				  letter of enrollment prior to a provisional license being issued. A provisional
				  license holder who was granted an education waiver under Occupations Code
				  §
										651.302(c)
				  must have the college forward a letter of enrollment prior to a provisional
				  license being renewed. An applicant or a provisional license holder who has
				  completed coursework but is not a certified graduate may hold a provisional
				  license if the person has the college forward a letter stating the person has
				  filed for graduation and provide an expected graduation date within 3
				  months.
(c) If a school or college
				  or mortuary science loses its accreditation, a student who is enrolled and
				  actively attending classes related to mortuary science will be considered to
				  have graduated from an accredited school or college of mortuary science for the
				  purpose of complying with Occupations Code §
										651.253,
				  if the student graduates within 12 months of the loss of
				  accreditation.
(d) A provisional
				  license holder may work only in a funeral establishment or commercial embalming
				  establishment licensed by the Commission. All work must be performed under the
				  direct and personal supervision of a duly licensed funeral director or
				  embalmer, depending on the provisional license.
(e) The provisional funeral director program
				  may not be served in a commercial embalming establishment.
(f) A provisional license holder must
				  maintain employment with a funeral establishment or commercial embalming
				  establishment, as applicable, throughout the provisional license period. A
				  provisional license holder must notify the Commission where he/she is employed
				  and if he/she changes employer. If the license holder is not employed, the
				  Commission will cancel the provisional license.
(g) A provisional license is valid for a term
				  of 12 consecutive months. If a provisional license holder fails to complete the
				  license requirements in the 12-month license period, the holder's license may
				  be renewed for an additional 12 months, for a maximum term of 24
				  months.
(h) Notwithstanding
				  subsection (g) of this section, if a provisional license holder who was granted
				  an education waiver under Occupations Code §
										651.302(c)
				  fails to complete the license requirements in the maximum 24-month license
				  period, the holder's license may be renewed for up to an additional 12 months,
				  for a maximum term of 36 months. The license will be extended only for the
				  number of months the provisional license holder was not enrolled in mortuary
				  school.
(i) Fees will not be
				  refunded to a provisional license holder who fails to complete the
				  program.
(j) The Commission shall
				  exit a provisional license holder from the program at any time during the
				  license term if the license holder shows he/she has met the eligibility
				  requirements of Occupations Code §
										651.253.
(k) Upon the completion of the provisional
				  license program, the provisional license holder shall submit the Commission
				  promulgated Exit Application and all required documentation to the Commission.
				  The Commission shall verify the information received to ensure the provisional
				  licensee has met all requirements. All information submitted is subject to
				  inspection.
(l) Once the Commission
				  confirms licensing requirements have been met, the Commission shall issue to
				  the provisional license holder a written affidavit to be executed by the
				  Funeral Director in Charge or the Embalmer in Charge, as applicable, which
				  attests to the proficiency of the provisional license holder.
(m) Prior to issuing a regular license, the
				  Commission must receive the affidavit described by subsection (1) of this
				  section and the fees required for regular licensure.
(n) Examination Requirements
(1) An applicant for full licensure as a
				  funeral director from the certificate program must pass the Texas State Board
				  Examination as described in Occupations Code, §
											651.255.
(2) An applicant for full licensure who holds
				  an Associate of Applied Science degree is required to pass either or both of
				  the examinations as described in Occupations Code, §§
											651.255
				  -
				  651.256,
				  depending on the license type being sought.
(3) Prior to being issued a provisional
				  license, an applicant must pass the State Mortuary Law Examination administered
				  by the Commission. If a person fails to submit an application for licensure
				  within 6 months of taking the Mortuary Law Examination, the score is
				  invalidated and the person must retake and pass the exam prior to
				  licensure.
(4) A passing score of
				  at least 75% is required for each examination described in paragraphs (1) - (3)
				  of this subsection.