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CHAPTER 1 a consumer complaint, staff may determine that an inspection is
TExAs MoRTuARy LAw uPdATEs warranted for the limited purpose of proving or disproving the
(2 CE Hours) validity of the complaint. The scope of inspections under this
subsection shall be limited to matters relating to the subject of
Learning objectives: the complaint. For example, if the consumer complaint relates
! Understand the importance of implementing proper procedures in to a variance between price charged for an item on the funeral
your funeral service practice. purchase agreement and the published price for the item on
! Know your duties and responsibilities as a funeral professional the retail price list, the inspector may inspect a representative
under Texas Law. number of documents to determine or disprove the existence of a
! Describe the disciplinary penalties contained within the Texas pattern of similar variances.
Occupation Code.
Rule 201.3 Complaints and Investigations
Texas Funeral Service Professionals are required to complete a Nothing in this rule shall be deemed to vest substantive or
course in Texas Mortuary Law Updates every year prior to renewing procedural rights in any person. The rule’s purpose is twofold: to
their license. This course covers the most current version of Texas give affected persons notice of the process the commission follows
Administrative Codes specific to the Funeral Industry. in the processing of complaints; and to comply with the rulemaking
requirements imposed by Texas Occupations Code, §651.202.
All the information in this course was taken from the Texas
Administrative Code website at http://www.tfsc.state.tx.us/ 1. Any person may file a complaint with the commission
governing.asp . concerning alleged violations of any statute over which the
commission has regulatory authority as well as commission rules.
Texas Administrative Codes Complaints should be addressed to the Commission’s address
Title 22 Examining Boards that appears on its website at www.tfsc.state.tx.us.
Part 10 Texas Funeral Service Commission 2. Staff will provide Complaint forms to a person who wishes to file a
Chapter 201 – Licensing and Enforcement – Practice and Procedure complaint. Complaint forms may also printed from the commission’s
Rule 201.1 Computation of Time website in both Word and PDF format. The commission-
In computing any period of time prescribed or allowed by this chapter, approved form provides space for the following information:
by order of the agency, or by any applicable statute, the period shall A. The name and business address of the person or
begin on the day after the act, event, or default in controversy and establishment Complained of;
conclude on the last day of such computed period, unless it be a B. The time and place where the acts occurred;
Saturday, Sunday, or legal holiday, in which event the period runs until C. The nature of the acts set out in sufficient detail to enable the
the end of the next day which is not a Saturday, Sunday, or legal holiday. Commission to investigate the complaint and the person or entity
complained of to identify the incident and prepare a defense; and
Rule 201.2 Procedures and Criteria for Inspections of Funeral D. The names, addresses, and telephone numbers of any persons
Establishments who witnessed the acts.
(a) Inspection Procedures 3. The form also asks for any pertinent contracts, photographs,
1. All licensed funeral establishments shall be inspected at least letters, advertisements or other documents.
once every two years. 4. All complaints must be in writing, other than complaints
2. All inspections shall be unannounced. alleging conduct which, if true, would constitute an imminent
3. The inspector shall review prior inspection reports before or continuing threat to the public health, safety, or welfare.
inspecting a funeral establishment. If prior reports reveal These latter complaints must be reduced to writing before the
problems, the inspector shall determine whether the conclusion of the investigative process.
establishment has corrected the previously identified problems or 5. Complaints are initially referred to an investigator who will
whether a pattern of violations or new violations exist. acknowledge receipt of the complaint in writing to the complainant.
4. Inspectors shall use reasonable efforts to conduct most of their The investigator next will send a copy of the complaint to the
inspections between the hours of 8:00 a.m. and 5:00 p.m., but respondent by certified mail. The letter of transmittal will request
funeral establishments are required to be open at all times to a written narrative response and possibly documents from the
inspections for violations of Texas Occupations Code, Chapter respondent within 15 days of receipt of the letter.
651, and Texas Health and Safety Code, Chapters 193 and 361. 6. The investigator, at the conclusion of the investigation,
(b) Criteria for Risk-Based Inspections will prepare a preliminary summary of the allegations, the
1. History of Prior Violation. Funeral establishments shall be investigator’s findings, and a recommendation for disposition to
inspected annually until they are free of violations, if the the executive director.
commission previously found violations of Texas Occupations 7. The director will determine first if the substance of the complaint
Code, Chapter 651, and Texas Health and Safety Code, Chapters falls within the commission’s jurisdiction. If not, staff will
193 and 361 following biennial inspections. dismiss the complaint, notify the complainant, and possibly
2. Sanctions. Funeral establishments that have received a reprimand refer the matter to an entity having authority over the matter, if
or letter of warning, that have been assessed administrative the facts show a probable violation of law. If the investigator
penalties, that have had licenses suspended, or that have been determines that the facts indicate a probable violation of law
restrained or enjoined for violations of Texas Occupations Code, or rule over which the commission has regulatory authority,
Chapter 651 or commission rules are subject to inspection the investigator will prepare a Preliminary Report. This Report
at anytime within three (3) years following the date that the will state the facts, upon which it is based and that a violation
commission’s action became final. has occurred. The director will assess the penalty amount based
3. Pendency of Investigation. If the commission is in the process of on the disciplinary guidelines described in §201.11 of this title
conducting an investigation of a funeral establishment based on (relating to Disciplinary Guidelines).
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8. The investigator will send the person charged with the violation of books, records, documents and/or other material relevant to the
(respondent) a copy of the Preliminary Report and notification of complaint under investigation or pending at the State Office of
an informal conference. Administrative Hearings.
9. Staff will send the report by first class mail, certified and regular,
to the respondent’s address on file with the Commission. Rule 201.8 Procedures for the Petition for Adoption of Rules
10. The executive director presides over informal conferences. (a) The following words and terms, when used in this section, shall have
The conferences are usually attended by the legal assistant, the following meanings, unless the context clearly indicates otherwise.
the administrator of compliance and consumer affairs and the 1. Commission–Texas Funeral Service Commission.
investigator who investigated the complaint. The commission’s 2. Person–Any individual, partnership, corporation, association,
legal counsel may attend. The complainant is entitled to attend governmental subdivision, or public or private organization of
the conference as well. In this event the panel typically hears first any character other than an agency.
from the complainant followed by the person charged with the 3. Rule–Any commission statement of general applicability that
violation. The respondent is entitled to counsel. implements interprets, or prescribes law or policy or describes the
11. No court reporter will be present, the parties will not be placed procedure or practice requirements of the commission. The term
under oath, and no audio or video recording of the conference includes the amendment or repeal of a prior rule. It does not include
will be made or allowed for use in any subsequent proceeding. statements concerning only the internal management or organization
Staff may notate whether or not the complainant and/or the of the commission not affecting private rights or procedures.
respondent attended the informal conference as well as any
(b) Any interested person may submit a petition to the commission
pertinent information provided by either participant relating
requesting the adoption, amendment, or repeal of a rule. Petitions
to the complaint. The executive director or legal counsel will
will be deemed submitted only when actually received in printed or
first explain the process used at the informal conference. The
typewritten form by the executive director.
respondent is then given the opportunity to show compliance
with all applicable laws and rules. (c) Each petition will clearly state:
12. The conference panel will confer about the complaint following 1. The proposed rule(s), including the specific language recommended;
the respondent’s presentation. The executive director makes 2. A brief explanation of the proposed rule;
a decision after receiving input from the legal assistant, the 3. The statutory or other authority under which the rule is proposed to
administrator of compliance and consumer affairs, the investigator, be promulgated, including a concise explanation of the particular
and counsel, if in attendance. The executive director may decide statutory or other provisions under which the rule is proposed;
to dismiss the complaint, investigate further, or take disciplinary 4. The rationale or justification for the adoption, amendment, or
action. The executive director will give respondent verbal notice repeal of the rule, including the public benefit to be expected.
of the director’s decision at the conclusion of the conference. If the
complaint is dismissed, staff will notify the complainant. (d) When a petition is received that meets the requirements of
13. The executive director, administrator of compliance and consumer subsection (c) of this section, the executive director will forward the
affairs, or the investigator will provide a case summary, informal petition to the presiding officer who will either assign the task to staff
conference notes, respondent’s complaint history and the executive or an appropriate group of interested persons to study the petition
director’s recommendation to the commission at the next and make a recommendation to the commission.
scheduled meeting, unless further investigation is needed. The (e) The commission will consider the submission of a petition
commission may affirm the executive director’s decision made at and may either deny the petition or instruct the executive director
the informal conference, increase or decrease a penalty imposed, to initiate rulemaking proceedings in accordance with the
dismiss or order further investigation. Administrative Procedure and Texas Register Act, §5. In the event
14. Staff will mail notice of the commission’s decision to the a petition is denied, the executive director will advise the interested
respondent by first class mail, certified and regular, within 10 person in writing of the denial and will state the reason for the denial
days of the meeting date to the respondent’s address on file with of the commission.
the Commission. If the decision imposes sanctions, respondent
shall, within 30 days accept the decision and pay the penalty Rule 201.9 Preparation and Dissemination of Consumer Information
amount; request a SOAH formal hearing; or request mediation at (a) The commission shall prepare and disseminate to the general
the SOAH. public information of consumer interest explaining matters relating
A. Staff will notify the complainant if respondent accepts the to funerals, describing the regulatory functions of the commission,
decision and pays the penalty imposed. and describing the commission’s procedure by which consumer
B. The Administrative Procedure Act, Texas Government Code complaints are filed and resolved by the commission.
Chapter 2001, §2001.051 et seq. and SOAH’s Rules of (b) The commission shall review and revise the information of
Practice and Procedure, 1 TAC Chapter 155 et seq. govern consumer interest prepared and disseminated by the commission on a
SOAH formal hearings and subsequent decisions. biennial basis.
C. The commission’s Alternate Dispute Resolution Policy 1. Any person or groups of persons may submit in writing
and Procedure Rule, §207.1 of this title govern SOAH any proposal concerning the content and/or the methods of
meditations. dissemination of information of consumer interest prepared
15. The commission will notify complainants upon the final and disseminated by the commission. Once submitted, such
disposition of any complaint. proposal shall become the property of the commission and will
16. The Office of the Attorney General represents the commission not be returned.
before SOAH and in court. 2. The commission shall annually review any proposals submitted to
Rule 201.4 Subpoenas the commission in writing concerning the content and/or method of
The executive director may issue subpoenas and subpoenas duces dissemination of information of consumer interest.
tecum to compel the attendance of witnesses and the production
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(c) Information of consumer interest prepared and disseminated adjudged by a court of competent jurisdiction to be of
by the commission shall be available to the general public through unsound mind, NONE;
funeral establishments. The funeral director in charge shall iii. Unfitness by reason of present substance abuse, NONE.
prominently display commission consumer brochures in the public C. Texas Occupation Code 651.453, Unethical Advertising.
view within the funeral establishment. Information of consumer The use of any advertising statement of a character that
interest prepared and disseminated by the commission shall also be misleads or deceives the public or use of, in connection
available, upon request, to individuals, and to the following types of with advertisements, the names of person who do not hold
groups, organizations, and institutions, i.e., better business bureaus, a license as a funeral director or embalmer and representing
hospice groups, consumer groups, libraries, and legislators. them as being so licensed, (1)–$500 - $3,000.
D. Texas Occupation Code 651.454, Other Unethical Conduct in
Rule 201.10 Witness Travel Reimbursement
Soliciting Customers.
The commission will reimburse a witness in a formal disciplinary
i. Failure by any person arranging for funeral services or
hearing for travel expenses at the rates established by the General
merchandise to: provide a prospective consumer with a
Appropriations Act for classified employees of the commission. All
copy of the brochure required by Section 651.404 at the
documentation required of classified employees will also be required
beginning of the arrangement process (1)–$500 - $5,000;
of witnesses.
ii. Provide a retail price list to an individual inquiring in
Rule 201.11 Disciplinary Guidelines person about any funeral service or merchandise for that
When the commission finds that a licensee has violated Occupations person to keep, (2)–$500 - $5,000;
Code Chapter 651; Health and Safety Code Chapter 695, §§711.003, iii. Explain to the customer or prospective customer that a
711.008, 711.010, 711.011, 711.021 - 711.035, 711.038, 711.041, contractual agreement for funeral services or merchandise
711.042, 711.061, 711.062, Chapter 716 or any of the commission’s may not be entered into before the presentation of the
rules, it shall: retail price list to that person; or (3)–$500 - $5,000
1. Before a SOAH hearing, issue Preliminary finding of facts and iv. Provide general price information by telephone within a
conclusions of law, in addition to imposing appropriate penalties reasonable time, (4)–$500 - $5,000;
ranging from a letter of warning to monetary administrative v. Restricting, hindering, or attempting to restrict or hinder:
penalties of not less $100 but not more than $5,000 for each I. The advertising or disclosure of prices and other
violation in accordance with Texas Occupation Code §651.552. information regarding the availability of funeral
2. The following guidelines will be utilized in the setting of services and funeral merchandise that is not deceptive
administrative penalties. or unfair to consumers, or
A. Texas Occupation Code §651.451, Certain Fraudulent and II. Agreements for funeral services between any
Deceptive Acts. consumer or group of consumers and funeral directors
i. Presentation to the Commission of any license, certificate or and embalmers, (b)(1) & (2)–$500 - $5,000;
diploma that was illegally or fraudulently obtained, or when vi. Whenever a licensee, provisional licensee, or
fraud or deception was used in passing an examination. The any other person, whether an employee, agent, or
impersonation of, or acting as a proxy for, another in any representative or one in any manner associated with
examination required by this Act for a funeral director and/or a funeral establishment shall solicit business or offer
embalmer, (1) & (2)–$1,000 - $5,000; any inducement, pecuniary or otherwise, for the
ii. The purchase, sale, barter, or use, or any offer to purpose of securing or attempting to secure business
purchase, sale, barter, or use any license, certificate, or of such funeral establishment, unless such solicitation
transcript of license or certificate, in or incident to an is made pursuant to a permit issued under Chapter
application to the Commission for license to practice as a 154 Texas Finance Code, (c)–$1,000 - $5,000.
funeral director and/or embalmer, (3)–$1,000 - $5,000; E. Texas Occupation Code 651.455, False or Misleading
iii. Altering, with fraudulent intent, any funeral director and/ Statements Regarding Funeral Merchandise or Funeral Services.
or embalmer license certificate, or transcript of license or i. The use of any statement that misleads or deceives the
certificate, (4)–$1,000 - $5,000; public, including but not limited to false or misleading
iv. The use of any funeral director and/or embalmer statements regarding any legal, religious, or cemetery
license, certificate, diploma or transcript of any such requirement for funeral merchandise or funeral services,
funeral director and/or embalmer license, certificate, or (1)–$500 - $5,000;
diploma that has been fraudulently purchased, issued, ii. The preservative qualities of funeral merchandise or
counterfeited, or materially altered, (5)–$1,000 - $5,000; funeral services in preventing or substantially delaying
v. The impersonation of a licensed funeral director or natural decomposition or decay of human remains,
embalmer as authorized by the Act, or permitting or (2)–$500 - $5,000;
allowing another to use a person’s license or certificate to iii. The airtight or watertight properties of a casket or outer
practice as a funeral director or embalmer in this state, (6) enclosure, (3)–$500 - $5,000;
& (7)–$1,000 - $5,000; iv. Representations as to licensed personnel in the operation
vi. Presentation of false certificate of work done as a of a funeral establishment, (4)–$500 - $5,000.
provisional licensee (8)–$100 - $2,000. F. Texas Occupation Code 651.456, Unethical Conduct
B. Texas Occupation Code 651.452, Lack of Fitness to Practice. Regarding Custody of Dead Human Body
i. Conviction of a misdemeanor related to the practice of i. Taking custody of a dead human body without the
embalming or funeral directing; or a felony, (1)–$500 - permission of the person or the agent of the person
$5,000; authorized to make funeral arrangements for the
ii. Being unfit to practice as a funeral director and/ deceased, (1)(A)–$250 - $5,000;
or embalmer by reason of insanity and having been ii. Or without the permission of the medical examiner or
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the justice of the peace when a medical examiner or agent, subcontractor, or assignee of a licensed funeral
justice of the peace has jurisdiction over the body under establishment that has contracted to perform those acts,
Articles 49.02, 49.03, 49.04, and 49.05, Code of Criminal (7)–$500 - $5,000;
Procedure, (1)(B)–$250 - $5,000; viii. Statement or implication by a funeral director or embalmer
iii. Refusing to promptly surrender a dead human body to a that a consumer’s concern with the cost of any funeral
person or agent authorized to make funeral arrangements service or funeral merchandise is improper or indicates a
for the deceased, (2)–$250 - $5,000. lack of respect for the deceased, (b)–$500 - $5,000;
G. Texas Occupation Code 651.457, Unethical Conduct ix. Failure by the Funeral Director in Charge to provide a
Regarding Embalming. funeral director or an embalmer for direction or personal
i. Embalming a body without the expressed written or supervision for a “first call”, (c)–$500 - $5,000.
oral permission of a person authorized to make funeral J. Texas Occupation Code 651.460, Prohibited Practices Related
arrangements for the deceased, (a)(1)(A)–$250 - $5,000, or; To Failure to Comply With Other Legal Requirements.
ii. Without making a documented reasonable effort over a x. Arranges for funeral services or merchandise and fails
period of at least three (3) hours to obtain the permission, to provide a customer with a purchase agreement as
(B)–$250 - $5,000; required by Section 651.406, (a)(1)–$500 - $5,000;
iii. Embalming or attempting to embalm without proper xi. Fails to retain and make available to the commission,
authority a dead human body, evidence of which includes on request, copies of all price lists, written notices,
making an incision on the body, raising a circulatory embalming documents, and memoranda of agreement
vessel of the body, or injecting a chemical into the body, required by this chapter for two years after the date of
(2)–$250 - $5,000; distribution or signing, (2)–$250 - $5,000;
iv. Allows the presence or participation of a student for xii. Violation of this chapter, any rule adopted under
credit or satisfaction of academic requirements during this chapter, an order by the commission revoking,
the embalming of a dead human body without complying suspending, or probating a license, an order assessing
with section 651.407, (3)–$250 - $5,000; and administrative penalty, or an agreement to pay
v. Places a chemical or substance on or in a dead human an administrative penalty regardless of whether the
body to disinfect or preserve the body or to restore body agreement is express or implied by Section 651.554,
tissues and structures without holding an embalmer’s (3)–$500 - $5,000;
license, (4)–$250 - $5,000. xiii. Allows the use of a dead human body by an embalming
H. Texas Occupation Code 651.458, Unethical Conduct by establishment for research or educational purposes
Funeral Establishment. A person violates this chapter if the without complying with Section 651.407, (4)–$500 -
person makes a distinction in providing funeral information $5,000;
to a customer regardless of any affiliation of the customer or xiv. Associated with the funeral establishment, whether as
whether the customer has a present need for the services or an employee, agent, subcontractor, assignee, owner,
merchandise, $100 - $5,000; or otherwise, and whether licensed or unlicensed, to
I. Texas Occupation Code 651.459, Other Unethical Conduct In comply with chapter or a rule adopted under this chapter,
Providing Funeral Services. (5)–$100 - $5,000;
i. Willfully makes a false statement on a death certificate xv. Failure of a funeral establishment to substantially
or a document required by this chapter or a rule adopted comply with Section 651.351 Licensed Required
under this chapter, (a)(1)–$500 - $2,000; violation is against the funeral establishment, (b)
ii. Engages in fraudulent, unprofessional, or deceptive (1)–$250 - $5,000;
conduct in providing funeral services or merchandise to a xvi. The funeral establishment or a person acting on behalf
customer, (2)–$1,000 - $5,000; of the funeral establishment violates Chapter 193 or 361,
iii. Dishonest conduct, willful conduct, negligence, or gross Health & Safety Code - violation is against the funeral
negligence in the practice of embalming or funeral establishment, (2)–$250 - $5,000;
directing that is likely to or does deceive, defraud, or xvii. Any violation by a funeral establishment or a person
otherwise injure the public, (3) $500 - $5,000; acting on behalf of a funeral establishment or any
iv. Causes the execution of a document by the use of fraud, person directly or indirectly connected with a funeral
deceit, or misrepresentation, (4)–$750 - $5,000; establishment of Chapter 154, Finance Code or a rule
v. Directly or indirectly employs a person to solicit adopted under that chapter, (3)–$250 - $5,000.
individuals or institutions by whose influence dead 3. Based upon consideration of the following factors, the Executive
bodies may be turned over to a particular funeral director, Director may use the following criteria in the recommendation to
embalmer or funeral establishment, (5)–$1,000 -$5,000; the commissioners for the assessment of administrative penalties:
vi. Misappropriates funds held by a license holder, a funeral A. The severity of the offense plus 0 - 10 points
establishment, an employee or agent of the funeral B. The danger to the public plus 0 - 10 points
establishment, or another depository, that create an C. The number of repetitions of offense plus 0 - 10 points
obligation to provide a funeral service or merchandise, D. The number of complaints previously found justified against
including retaining for an unreasonable time excess the licensee plus 0 - 10 points
funds paid by or on behalf of the customer for which the E. The length of the time licensee has practiced plus 0 - 10 points
customer is entitled to a refund, (6)–$250 - $5,000; F. The actual damage, physical or otherwise, caused by the
vii. Performing acts of funeral directing or embalming violations; plus 0 - 10 points
that are outside the licensed scope and authority of G. The deterrent effect of the penalty imposed plus 0 - 10 points
the licensee, or performing acts of funeral directing or H. Refusal by licensee to correct or stop violations plus 0 - 10 points
embalming in a capacity other than that of an employee, I. Penalties imposed for related offenses plus 0 - 10 points
4
J. Any other mitigating or aggravating circumstances plus or 1. Outlines the responsibilities of each agency in regulating these
minus 0 - 10 points services and transactions;
K. Attempts by licensee to correct or stop violations minus 0 - 2. Establishes procedures to be used by each agency in referring
10 points complaints to one of the other agencies;
4. Penalties imposed by the commission using the guidelines of 3. Establishes procedures to be used by each agency in investigating
paragraphs (2) and (3) of this section may be imposed for each complaints;
violation, but may not exceed the following limitations: 4. Establishes procedures to be used by each agency in notifying the
A. Imposition of an administrative penalty not to exceed $5,000 other agencies of a complaint or of the investigation of a complaint;
for each count or separate offense; 5. Describes actions the agencies regard as deceptive trade practices;
B. Utilizing the point system described in paragraph (3), a total 6. Specifies the information the agencies provide consumers and
point accumulation of 0 - 10 results in a penalty less than when that information is to be provided; and
$1,000; 10 - 20 points result in a penalty between $1,000 7. Sets the administrative penalties each agency imposes for violations.
- $2,000; 20 - 30 points result in a $2,000 penalty; 30 - 40
(b) Any revisions to the Joint Memorandum of Understanding will be
points result in a penalty between $2,000 - $3,000; 40 - 50
adopted by rule by each agency.
points result in a penalty of $3,000; 50 - 60 points result in
a penalty of between $3,000 - $4,000; 60 - 70 points result (c) The Joint Memorandum of Understanding entered into by the
in a penalty of $4,000; 70 - 80 points results in a penalty of three agencies is found at §201.15 of this title (relating to Joint
$4,500; 80 - 100 points results in a penalty of $5,000. Memorandum of Understanding).
5. The provisions of paragraphs (1) - (4) of this section shall not
Rule 201.15 Joint Memorandum of Understanding
be construed so as to prohibit other appropriate civil or criminal
(a) Pursuant to Texas Occupations Code, Chapter 651, the Texas
action and remedy and enforcement under other laws.
Funeral Service Commission (herein referred to as the TFSC), the
6. After a hearing, or with the waiver of a hearing, the commission
Texas Department of Insurance (herein referred to as the TDI), and
may, in it’s discretion, using the disciplinary guidelines in
the Texas Department of Banking (herein referred to as the DOB)
paragraph (2) - (3),
hereby adopt the following joint memorandum of understanding
A. Place a license on probation for a period of time and subject
(JMOU) relating to prepaid funeral services and transactions. The
to such conditions as the commission may specify;
TFSC, TDI, and DOB intend this memorandum of understanding
B. Suspend or revoke a license; or
to serve as a vehicle to assist the three agencies in their regulatory
C. Deny the application for a license.
activities, and to make it as easy as possible for a consumer with a
Rule 201.12 Retired Licenses complaint to have the complaint acted upon by all three agencies,
(a) Upon written application to the commission, any licensed funeral where appropriate. In order to accomplish this end, where not
director, embalmer or dual licensee aged 65 or older or who has statutorily prohibited, the three agencies will share information
a disability of 75% or greater will be placed in a retired active or between the agencies which may not be available to the public
retired inactive status. Such application will be accepted only at the generally under the Texas Public Information Act, Government Code
time of that individual’s regularly scheduled license renewal. §§552.001-552.321. Such information will be transmitted between
agencies with the notation on the information that it is considered
(b) Any individual holding a retired inactive status license may
confidential, is being furnished to the other agencies in furtherance
convert at any time to a retired active status license upon written
of their joint responsibilities as state agencies in enforcing their
notification to the commission and payment of 50% of the current
respective statutes, and that it may not be disseminated to others
renewal fee charged licensees not in a retired status, plus show
except as required.
compliance with continuing education requirements or pay a $300
continuing education non-compliance fee. Fees are non-refundable. (b) Responsibilities of each agency in regulating prepaid funeral
services and transactions:
(c) An individual may not convert from a retired active status to a
1. The Texas Funeral Service Commission is responsible for the
retired inactive status until his regular license renewal period.
following:
(d) Any individual holding a retired inactive status license will A. Licensing funeral directors, embalmers, provisional funeral
be subject to disciplinary action if the individual performs, for directors, provisional embalmers and funeral establishments.
compensation, any act of funeral directing and/or embalming. The TFSC may refuse to license a person or establishment
that violates Chapter 154, Texas Finance Code under Texas
(e) Proof of disability will be required. Certification from an
Occupations Code 651.460 (b)(3).
organization such as Veteran’s Administration, the United States
B. Taking action against any licensee violating Chapter 154, Texas
armed forces, a state, county, or local government agency, or
Finance Code under Texas Occupations Code 651.460 (b)(3).
competent medical authority may be submitted to the commission.
C. Taking action against any funeral director in charge and/or
If the commission questions the validity of the certification, a
funeral establishment for violations of Chapter 154, Texas
certification from a second source may be required. Submission of
Finance Code, by persons directly or indirectly connected
required documentation does not imply a guarantee of acceptance
to the funeral establishment, under Texas Occupations Code
of documentation.
651. 460(b)(3).
Rule 201.14 Introduction to Joint Memorandum of 2. The Texas Department of Banking is responsible for
Understanding administering Chapter 154, Texas Finance Code, including, but
(a) Texas Civil Statutes, Article 4582(b), §4(I), mandates the Texas not limited to, the following:
Department of Banking, the Texas Funeral Service Commission, A. Issuing permits to sell prepaid funeral services or funeral
and the Texas Department of Insurance to adopt by rule a Joint merchandise pursuant to Chapter 154, Texas Finance Code.
Memorandum of Understanding relating to prepaid funeral services B. Approving forms for sales contracts pursuant to Chapter 154,
and transactions that: Texas Finance Code.
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C. Canceling or refusing to renew permits pursuant to Chapter iv. Identification of necessary data and documents to be
154, Texas Finance Code; providing notice of alleged obtained from the complainant; and
violations to the attorney general of Texas and to sellers v. Such other steps deemed necessary for the agency to
pursuant to Chapter 154, Texas Finance Code; perform an adequate and appropriate investigation.
D. Approving the release or withdrawal of funds under certain B. Each agency will maintain its centralized complaint
circumstances or for certain purposes, pursuant to Chapter resolution process with a long-term goal of integrating the
154, Texas Finance Code; complaint resolution process, which includes the complaint
E. Providing for reporting requirements and performing tracking system, with the other agencies in the most effective,
examinations under Chapter 154, Texas Finance Code; cost-efficient manner.
F. Maintaining a guaranty fund with respect to prepaid funeral C. Within four months from the final adoption of the JMOU
benefits owned by trusts, pursuant to Chapter 154, Texas by rule making, the DOB, TFSC, and TDI will develop one
Finance Code; or more complaint and referral forms that are substantially
3. The Texas Department of Insurance is responsible for the following: similar in content and format to be used by each agency in
A. Regulating licensed insurers that issue or propose to issue life processing complaints relating to prepaid funeral services
insurance/annuity contracts which may fund prepaid funeral and/or transactions.
contracts; D. Each reviewing agency will provide periodic, no less than
B. Regulating individuals/entities that perform the acts of an quarterly, status reports on the complaint investigation to the
insurance agent(s) as defined in the Insurance Code, Articles receiving agency or agencies. In addition, the reviewing will
21.02 and Chapter 101, TIC; contact the complainant to inform him or her of the status of
C. Regulating insurance/annuity contracts that may fund prepaid the investigation.
funeral contracts; E. Each agency will develop with the other agency, or other two
D. Regulating unfair trade practices relating to the insurance/ agencies, a written plan for conducting joint investigations
annuity contracts which may fund prepaid funeral contracts where appropriate which, at a minimum, establishes a case
pursuant to Insurance Code, Article 21.21; manager for the investigation, establishes the divisions of
E. Regulating unfair claims settlement practices by insurance duties among the agencies, and establishes a timeline for
companies pursuant to the Insurance Code, Article 21.21.2. completion of the investigation.
F. As soon as possible following the final adoption of the JMOU
(c) Procedures used by each agency in exchanging information with
by rule making the DOB, TFSC, and TDI will each ensure
or referring complaint to one of the other agencies.
its complaint resolution procedure is accessible to the public
1. Exchanging information. If, upon receipt of a complaint, or
by reviewing its procedures, forms, brochures, and letters to
during the course of an investigation, an agency (referred to
determine what steps, if any, are needed to remedy problems
as the receiving agency) receives any information that might
of accessibility. The DOB, TFSC, and TDI will implement
be deemed of value to another of the agencies (referred to as
the needed steps as soon as possible thereafter.
the reviewing agency), the receiving agency will contact the
G. The TDI, DOB, and TFSC commit to a long-term goal with a
reviewing agency and will forward the relevant information to
five-year planning horizon to develop an efficient and cost-
the reviewing agency at its request.
effective way to ensure that the three agencies can readily
2. Referral of complaints for handling. When an agency receiving a
exchange information and that there is effective and easy access
complaint refers the complaint to another agency for handling, the
by each of the three agencies to the information and data held
receiving agency will contact the complainant in writing informing
by the other agencies relating to complaints and information
him or her of the referral, and providing contact information to
regarding licenses in the prepaid funeral services area.
the reviewing agency, and encouraging the complainant to re-
2. The Texas Funeral Service Commission.
contact the receiving agency if she or he has any problem with the
A. The TFSC, in accordance with Texas Occupations Code,
reviewing agency’s processing of the complaint.
Chapter 651, will investigate violations of prepaid funeral
3. Complaint procedures. The three agencies will work together to
services only if the investigation does not interfere with or
establish procedures to ensure complaints will be fully resolved
duplicate an investigation conducted by the DOB.
by the reviewing agency.
B. The TFSC will, upon request, assist the DOB and/or the TDI
(d) Procedures to be used by each agency in investigating a complaint. with investigations.
1. All agencies. 3. Texas Department of Banking.
A. Each agency will develop an internal complaint procedures A. Complaints received by the Special Audit Division will be
manual for violations relating to prepaid funeral services and/ entered into a complaint log and assigned a reference number.
or transactions. The manual should at a minimum provide for: If, after agency notice to the subject of the complaint, the
i. Cross-checking the other two agencies’ list of licensees complaint is not resolved, the DOB will investigate.
against the investigating agency’s list; B. If disciplinary action against a DOB permittee is appropriate,
ii. Background checks on disciplinary proceedings and the matter will be referred to the agency’s legal staff.
license eligibility-including background checks into the C. If the complaint involves a matter handled by either the
two other agencies’ complaints, disciplinary proceedings, TDI or TFSC, as well as a violation of the DOB statutes or
and licensing process involving the same licensee if any, regulations, the DOB will coordinate the investigation with
where not prohibited by law; either or both of these agencies, as appropriate. The DOB will,
iii. Outlining of relevant law for each agency with check- upon request, assist the TFSC and/or TDI with investigations.
point steps to ensure all relevant information has been D. In the event that a license under the TFSC’s jurisdiction is
obtained from complainant and references to applicable found to have violated one or more provisions of Chapter
legal provisions; 154, Texas Finance Code, the DOB will inform the TFSC
6
of the violation(s) in writing and provide documentation 2. Texas Funeral Service Commission. The TFSC may impose an
supporting the occurrence of the violation(s). administrative penalty, issue a reprimand, or revoke, suspend,
4. Texas Department of Insurance. or place on probation any licensee who violates Chapter 154,
A. Complaints received by the Consumer Services area of the Texas Finance Code. The recommended range of administrative
TDI will be logged in and investigated. Other areas of the penalty for a violation of Chapter 154, Texas Finance Code is
agency can be called upon for assistance in the investigation $1,000 - $5,000 for each violation of Chapter 154, Texas Finance
of the complaint where appropriate. Code by a person directly or indirectly connected to the funeral
B. If disciplinary action against a licensee of the TDI is found to establishment, under 201.11(2)(D)(vi) of this title (relating to
be appropriate, the matter will be referred to the Compliance Disciplinary Guidelines).
Intake Unit of the TDI. 3. Texas Department of Banking. The DOB may impose the
C. If the complaint involves a matter handled by either the following administrative penalties:
DOB or TFSC, as well as a violation of the TDI statutes or A. Cancel a permit or refuse to renew a permit pursuant to
regulations, the investigation will be coordinated with either Chapter 154, Texas Finance Code.
or both of those agencies. B. Seize prepaid funeral funds and records of a prior permit
D. The TDI will, upon request, assist the TFSC and/or DOB holder pursuant to Chapter 154, Texas Finance Code.
with investigations. 4. Texas Department of Insurance. TDI administrative penalties
E. vary based on the violation; TDI sanctions are imposed under the
(e) Actions the agencies regard as deceptive trade practices. Insurance Code, Article 1.10.
1. The TFSC, the DOB, and the TDI regard as deceptive trade
(h) Meetings for developing cooperative efforts in regulation.
practices those actions found under the Texas Business and
1. The DOB and TDI will develop an insolvency alert among
Commerce Code, sec. 17.46.
themselves to minimize the drain of trust funds and premiums
2. With respect to trade practices within the business of insurance,
consistent with their respective statutory provisions. They will
the TDI regards as deceptive trade practices those actions found
also clarify each agency’s responsibility to access the respective
under the Insurance Code, Article 21.21, and other articles of the
guaranty fund vis-à-vis the other agency.
Code and the regulations promulgated by the TDI thereunder.
2. The DOB, TDI, and TFSC will develop methods to coordinate the
(f) Information the agencies will provide consumers and when that efforts of the agencies to articulate the funeral provider’s responsibility
information is to be provided. in the event of seller and/or insurance company insolvency.
1. The TFSC, DOB, and TDI will continue to provide consumers 3. Each agency should seek input from the other agencies on any
with the brochure entitled “Facts About Funerals” developed proposed agency regulations relating to prepaid funeral services and/
by TFSC (in Spanish and in English). As soon as possible or transactions; and, where appropriate, legislative recommendations
after the final adoption of the JMOU by rule making, the concerning prepaid funeral services and/or transactions.
agencies will update the brochure to provide information about 4. The three agencies will provide lists of their key contact
insolvency, the guaranty funds, and consumer complaints, and personnel and their telephone numbers to each other.
make the brochure accessible under the terms of the American 5. In order to better accomplish the exchange of information and
with Disabilities Act. The agencies will provide other relevant coordination of regulation described in this memorandum of
consumer brochures to each other. understanding, the appropriate staff of the TFSC, DOB, and
2. The TDI will maintain its toll-free number, and TFSC and DOB TDI shall meet, at a minimum, once a year, to discuss matters of
will each work toward consumer access via a toll-free number. mutual regulatory concern and share updates of the regulations
Each agency will include its toll-free number as a prepaid promulgated by the respective agencies.
funeral consumer protection resource in the respective agency’s
Rule 201.16 Memorandum of Understanding with the Texas
consumer information materials. The DOB, TFSC, and TDI
Department of State Health Services
will routinely inform consumers of options within the agency’s
(a) Purpose. The purpose of this section is to implement Texas
knowledge available to them to resolve the complaint.
Occupations Code, Chapter 651, 76th Legislature, 1999, and Health
3. The TFSC, DOB, and TDI, as state agencies, are subject to the
and Safety Code, Chapters 193 and 195. In an effort to better protect
Texas Public Information Act, Government Code §§552.001
the public health, safety and welfare, it is the legislative intent of the
-552.321. Upon written request, the three agencies will provide
laws of the Texas Department of State Health Services (Department)
consumers with public information which is not exempt from
and the Texas Funeral Service Commission (TFSC) to adopt by
disclosure under that Act. As noted in the preamble to this
rule a memorandum of understanding to facilitate cooperation
JMOU, the agencies may, where not statutorily prohibited,
between the agencies by establishing joint procedures and describing
exchange information necessary to fulfill their statutory
the actual duties of each agency for the referral, investigation,
responsibilities among each other, without making such
and resolution of complaints affecting the administration and
information public information under the Open Records Act.
enforcement of state laws relating to vital statistics and the licensing
(g) Administrative penalties each agency imposes for violations. of funeral directors and funeral establishments.
1. All agencies.
(b) Scope.
A. The DOB, TDI, and TFSC will create a working group to
1. (1) The Memorandum of Understanding (MOU) includes the
develop recommendations concerning the three agencies
respective responsibilities of the Department and the TFSC in
working together on enforcement actions using the resources
regulating any person or entity under the Health and Safety Code,
of the attorney general and/or prosecutorial or investigative
Chapters 193 and 195, concerning the completion and filing of
agencies, where appropriate.
death records.
B. The DOB, TDI, and TFSC will refer DTPA and other such
2. (2) The Department and the TFSC will implement the
violations to the Federal Trade Commission and/or the
cooperative procedure described in this memorandum to refer
attorney general whenever appropriate.
complaints to the other agency when that complaint falls within
7
the other agency’s jurisdiction or may have an effect on the including the collection and maintenance of death records for the
administration and enforcement of the law for which the other State of Texas. Except as may be otherwise provided by law, the
agency is responsible. Department shall:
3. The Department and the TFSC will implement the cooperative A. Design the format and prescribe the data to be entered on all
procedure described in this MOU in order to notify the other forms that constitute the death records of the state;
agency of violations of Health and Safety Code, Chapters 193 B. Prescribe the rules and procedures to be followed by a funeral
and 195; and Texas Occupations Code, Chapter 651 by funeral director licensed by TFSC in executing his/her responsibility to
directors and funeral establishments, and to assist and encourage secure the required data and file the completed death record;
funeral directors, embalmers, and funeral establishments to C. Establish rules or policies to determine when a local registrar
conform their activities relating to the completion and filing of may accept the filing of a death record by a funeral director
death records. or the funeral director’s designee and the purposes for which
4. The MOU does not limit the authority of either agency, acting each record may be used, including the filing and uses of a
in its own capacity under state or federal law, to investigate delayed death certificate; and
complaints that fall within that agency’s statutory jurisdiction. D. Enforce the provisions of the Health & Safety Code (Code),
Chapter 193, in accordance with Chapter 195 of the Code relating
(c) Definitions. The following words and terms, when used in this
to criminal penalties for violations of laws relating to vital
section, shall have the following meanings, unless the context clearly
statistics. These laws include Chapters 191, 192, and 193 of the
indicates otherwise.
Code and rules adopted thereunder. If the state registrar knows
1. Agency–Texas Department of State Health Services or the Texas
or suspects that a funeral director or a funeral establishment has
Funeral Service Commission.
violated the provisions of §195.003 or other provisions of Title 3
2. Death record–A report of death, death certificate, or a burial-
of the Code, he or she shall report the violation to the appropriate
transit permit, and such other forms as the Texas Department of
district or county attorney for prosecution.
State Health Services determine to be necessary.
2. The Texas Funeral Service Commission (TFSC) shall have
3. Department–The Texas Department of State Health Services or
primary responsibility for the enforcement of the laws, rules, and
any local registrar.
policies governing the licensing of funeral directors, embalmers,
4. Funeral Director–A person who for compensation engages in
funeral and commercial embalming establishments. Except as
or conducts, or who holds himself out as being engaged, for
may be otherwise provided by law, the TFSC has authority:
compensation, in preparing, other than the embalming, for the
A. To inspect a funeral establishment for violations of Chapter
burial or disposition of dead human bodies, and maintaining
193 of the Code; and
or operating a funeral establishment for the preparation and
B. To assess an administrative penalty or to reprimand,
disposition, or for the care of dead human bodies.
revoke, suspend, probate, deny or impose any combination
5. Funeral establishment–A place of business used in the care and
of sanctions against a licensee in accordance with Texas
preparation for burial or transportation of dead human bodies,
Occupations Code Chapter 651, if the licensee has violated
or any other place where one or more persons, either as sole
Chapter 193 or 195 of the Code or 25 TAC Chapter 181 of
owner, in co-partnership, or through corporate status, represent
the Department rules;
themselves to be engaged in the business of embalming and/or
3. Referral, investigation, and resolution of complaint.
funeral directing, or is so engaged. –
A. If the Department receives a complaint that alleges conduct
6. Local registrar–
by a funeral director or a funeral establishment that
A. The justice of the peace is a local registrar of births and deaths in
constitutes possible violations of Texas Occupations Code,
a justice of the peace precinct. However, the duty of registering
Chapter 651, or the rules adopted by TFSC under authority
births and deaths may be transferred to the county clerk if the
of Texas Occupations Code, Chapter 651, the Department
justice of the peace and the county clerk agree in writing and the
may refer the complaint to the TFSC for investigation and
agreement is ratified by the commissioners court.
disposition; however, if the complaint describes conduct
B. The municipal clerk or secretary is the local registrar of births
by any person or entity licensed under Texas Occupations
and deaths in a municipality with a population of 2,500 or more.
Code, Chapter 651 that constitutes possible violations of
C. If a local registrar fails or refuses to register each birth and
Chapters 193 and 195 of the Code, the Department shall
death in the district or neglects duties, the county judge or the
retain jurisdiction over the subject matter of the complaint,
mayor, as appropriate, shall appoint a new local registrar and
investigate the complaint, and if valid, shall file a complaint
shall send the name and mailing address of the appointee to
with TFSC; or the Department or any local vital statistics
the state registrar.
registrar may refer the complaint to TFSC for investigation
7. Person–
and adjudication.
A. Includes corporation, organization, government, or
B. If TFSC receives a complaint that alleges conduct by any
governmental subdivision or agency, business trust, estate,
person that constitutes possible violations of Title 3 of the
trust, partnership, association, and any other legal entity; or
Code, TFSC shall immediately notify the Department of the
B. Includes individual, corporation, or association where
complaint for any appropriate action by the Department.
enforcement of Health and Safety Code, Chapter 195 is involved.
C. If either agency receives a complaint that alleges facts that
8. Physician–Any individual licensed by the Texas Medical Board
constitute a violation of any other law, the complaint shall be
to practice medicine in this state.
referred to the appropriate state administrative agency or state
(d) Delegation of responsibilities. The Department and TFSC agree or local law enforcement agency.
that the agencies shall have the following responsibilities. D. Each agency shall appoint at least one person to an
1. The Department shall have primary responsibility for the interagency team that will meet at least biannually and at
enforcement of the laws, rules, and policies governing the that time review each unresolved complaint that affects the
collection and maintenance of a system of vital statistics, agencies jointly.
8
i. If the complaint has not been referred for investigation of choice for the consumer, including storage, and are therefore not
and resolution, the team will refer the complaint to the responsibility of the consumer to pay.
the Department, TFSC, or other appropriate state
(c) Commercial embalming establishment licensees are prohibited
administrative or law enforcement agency, including
from authorizing first calls or dealing directly with the public for
the State Board of Medical Examiners, or local law
services or merchandise; such first calls must be authorized by a
enforcement agency.
licensed funeral establishment as defined in Chapter 651, Texas
ii. If the Department and the TFSC determine that a
Occupations Code, §351, prior to such removal. Any such removal
complaint has been incorrectly referred, they will refer
must bear the name of the funeral establishment authorizing the
the complaint appropriately.
removal on the release form.
E. To the extent allowed by law, each agency shall cooperate
and assist the other in the investigation and resolution of Rule 203.3 Funeral Director in Charge
complaints. The following actions may be taken where (a) Each licensed funeral establishment must at all times have a
indicated in the other’s enforcement actions. designated funeral director in charge, who is ultimately responsible
i. Either agency may request the assistance of the other in for compliance with all mortuary, health, and vital statistics laws in
the investigation of a complaint. the funeral establishment. A funeral establishment must designate
ii. Each agency may share information obtained during the a funeral director in charge at the time it receives its establishment
complaint investigation with the other agency when the license, and any time the funeral director in charge changes, the
subject matter of the complaint affects both agencies. funeral establishment must notify the commission, on a form
iii. Any information obtained by the TFSC as a result of a prescribed by the commission, within 15 days.
complaint investigation is not subject to public disclosure
(b) The funeral director in charge must be generally available in the
under the Government Code, §552.101, by virtue of
routine functions of the funeral establishment in order to personally
Texas Occupations Code, Chapter 651, §651.203, until
carry out his or her responsibilities.
the case has reached its final disposition.
iv. Each agency shall make its personnel available to testify (c) The funeral director in charge may be served with administrative
in an administrative or judicial proceeding brought process when violations are alleged to have been committed in a
on behalf of the other agency, when the personnel has funeral establishment.
knowledge of information that is material to the subject
matter of the proceeding. (d) An individual may not be designated as the funeral director
in charge of more than one establishment unless the additional
(e) Effective date. This section shall become effective on August establishments are operated as branches or satellites of a primary
1, 1994. The MOU may be amended at any time upon mutual establishment, all of the establishments are under the same
agreement of the agencies and the amendments are effective as to ownership, same general management, and no establishment is more
each agency 20 days after the adopted amendments are filed with the than 60 miles from any other establishment held under the same
Texas Register. ownership conditions.
Rule 201.18 Charges for Providing Copies of Public Information (e) In order to be designated funeral director in charge of more
The Commission determines charges for public information than one establishment, the licensee must submit a petition to
in accordance with the rules of the Building and Procurement the commission that clearly explains how each of the criteria in
Commission at 1 TAC §§111.61 - 111.71 et seq. subsection (d) of this section have been met. The executive director
shall decide whether to grant the petition. The request and decision
Rule 201.19 Correspondence and Notice
will be made part of the permanent licensing file. The executive
(a) All correspondence to an establishment or to the funeral director
director’s decision may be appealed, in writing, to the commission,
in charge shall be sent to: the street address of the establishment as
and the appeal will be considered at the commission’s next regularly
reflected on the license application, a post office box, or any other
scheduled meeting. The executive director shall advise interested
location as requested by the establishment’s owner or the funeral
parties of the action taken by the commission in writing.
director in charge, as the case may be.
(f) If the establishment employs a provisional licensee it is the
(b) Notice shall be deemed complete upon deposit by the
responsibility of the designated funeral director in charge and
Commission of the paper, enclosed in a postpaid, properly addressed
the provisional licensee to schedule case work sufficient for the
wrapper, in a post office or official depository under the care and
provisional program. It is also the responsibility of the designated
custody of the United States Postal Service.
funeral director in charge to ensure that each provisional licensee
Chapter 203 Licensing and Enforcement – is properly supervised while performing cases. The provisional
Specific Substantive Rules licensee must file a report with funeral director in charge outlining
Rule 203.2 Clarification of First Call Definition the number of cases performed during the month and the name of the
(a) First Call is the beginning of the relationship between the funeral director or embalmer under whom the cases were supervised.
consumer and the licensed funeral director and licensed funeral
(g) The funeral director in charge shall retain copies of all reports
establishment to prepare the body for burial or other disposition. The
with supporting documentation for all case credit claimed for 2 years
relationship is initiated by the consumer or the person responsible for
making arrangements for final disposition. from the completion date of the provisional program.
(b) Transportation of a body sent to a morgue for identification or (h) The funeral director in charge of the facility where the
autopsy at the request of a justice of the peace, medical examiner, or provisional licensee is employed shall notify the commission in
other official under Chapter 49, Texas Code of Criminal Procedure writing upon the completion of the provisional license program,
does not constitute a First Call. Any expenses or items used as defined as the provisional licensee meeting all the requirements
specifically for the transportation of a body to a morgue are not items
9
for regular licensure, by submitting the number of cases performed (d) Conspicuous Display of License. The license shall be
while the licensee was under the employment of said funeral director. conspicuously displayed in an area of the establishment open and
accessible to the general public. A license is conspicuously displayed
Rule 203.4 Licensure of Funeral Establishments and Commercial
when it is placed in an area of the funeral establishment generally
Embalming Establishments and Display of License
accessed by a consumer making funeral arrangements.
(a) New License Applications
1. Applications for licensure must be submitted on forms developed Rule 203.5 Right of Investigation
by the commission. Applications shall be accompanied by The commission may investigate any circumstances involved with
applicable licensing fees and embalming case report forms the renewal of any license provided for in Chapter 651, Texas
reflecting the establishment’s name. Additionally, funeral Occupations Code.
establishments shall submit copies of all price lists and purchase
Rule 203.7 Price Disclosure
agreement forms.
(a) Unfair or deceptive acts or practices. In selling or offering to
2. The passage of an inspection is mandatory for a new
sell funeral goods or funeral services to the public, it is an unfair
establishment seeking its initial licensure and for previously
or deceptive act or practice for a funeral provider to fail to furnish
licensed establishments that have changed physical location.
accurate price information disclosing the cost to the purchaser
3. The license shall be issued to the establishment’s owner.
for each of the specific funeral goods and funeral services used in
4. A change of ownership, name, or physical address requires the
connection with the disposition of deceased human bodies, including
submission of a new establishment license application. The
at least the price of embalming, transportation of remains, use of
application must be filed with the commission within 30 days
facilities, caskets, outer burial containers, urns, immediate burials,
following the occurrence of the event requiring the license
or direct cremations, to persons inquiring about the purchase of
application. The failure to timely file the application will result in
funerals. Any funeral provider who complies with the preventive
the assessment of a late application fee of $100.
requirements in subsection (b) of this section is not engaged in the
5. A license will not be issued unless all fees and outstanding
unfair or deceptive acts or practices defined here.
penalties, if any, have been paid or the commission is in
possession of evidence that the applicant is current on a payment (b) Preventive requirements. To prevent these unfair or deceptive acts
plan or that penalties previously assessed are the subject of an or practices, as well as the unfair or deceptive acts or practices defined
administrative hearing or judicial review. Staff shall notify the in §203.9(b)(1) of this title (relating to Other required purchases of
applicant of any unpaid penalties. funeral goods or funeral services), funeral providers must:
6. A license issued under this subsection expires on the last day of 1. Telephone price disclosure. Tell persons who ask by telephone
the month twelve months from the date of issue. about the funeral provider’s offerings or prices any accurate
(b) Outstanding Licenses and Fees information from the price lists described in paragraphs (2) - (5)
1. Initial Expiration Date: Licenses outstanding on the effective of this subsection and any other readily available information
date hereof expire September 30, 2003. that reasonably answers the question.
2. Initial Renewal Period: The initial renewal period for a license 2. Casket price list.
described in paragraph (1) of this subsection is the number of A. Give a printed or typewritten price list to people who
months, not less than seven, from September to the month of the inquire in person about the offerings or prices of caskets or
establishment’s original licensure date. If the number of months alternative containers. The funeral provider must offer the
under the first sentence hereof would be less than seven, then the list upon beginning discussion of, but in any event before
initial renewal period is determined by adding twelve months showing caskets. In lieu of a written list, other formats,
to the number of months from September to the month of the such as notebooks, brochures, or charts may be used if
establishment’s original licensure date. The monthly fee for the they contain the same information as would the printed or
initial renewal license, payable in a lump sum, is equal to one- typewritten list, and display it in a clear and conspicuous
twelfth (1/12) of the annual license fee. manner. Provided, however, that funeral providers do not
3. Subsequent Renewal Periods. The renewal period of a license have to make a casket price list available if the funeral
described in paragraph (2) of this subsection is twelve months providers place on the general price list, specified in
beginning on the 1st day of the month following the expiration of paragraph (5) of this subsection, the information required by
the initial renewal period and annually thereafter. this subsection.
4. A late renewal fee will be assessed for an application for renewal B. The list must contain the effective date and the retail prices
date stamped after its renewal date. of all caskets and alternative containers offered which do not
5. Establishments may be inspected upon the submission of a require special ordering, and must include, at a minimum, the
renewal application. following specifications:
6. A renewal license will not be issued unless all fees and i. The type of material that is predominately used in the
outstanding penalties, if any, have been paid or the Commission’s construction of the merchandise, i.e.:
records reflect that the applicant is current on a payment plan I. Steel, identified as stainless or by gauge, e.g., 18 gauge;
or that penalties previously assessed are the subject of an II. Wood, identified by type, e.g., pecan or cherry;
administrative hearing or judicial review. Staff shall notify the III. Bronze, described by weight, e.g., 32 oz.;
applicant of any unpaid penalties. IV. Copper, described by weight, e.g., 32 oz.; or
(c) Certain Grounds for Denial or Revocation of a License. The V. Other specifically named material, e.g., such as
commission may refuse to issue a new license or to renew an cardboard or corrugated wood;
outstanding license or may revoke an establishment’s license if ii. The type of sealing feature, e.g., sealer, non-sealer,
it determines that the license application contains material false gasketed, or non-gasketed, if specified on the funeral
information or that a person whose individual license to practice provider’s general price list; and
funeral directing or embalming is currently suspended or revoked iii. The material lining the interior of the casket, e.g., crepe,
owns the establishment or an interest in the establishment. velvet, satin, twill or silk.
10
C. Place on the list, however produced, the name of the funeral A. Availability of general price list.
provider’s place of business and a caption describing the list i. Give a printed or typewritten price list for retention to
as a “casket price list.” persons who inquire in person about the funeral goods,
3. Outer burial container price list. funeral services or prices of funeral goods or services offered
A. Give a printed or typewritten price list to persons who inquire by the funeral provider. The funeral provider must give the
in person about outer burial container offerings or prices. The list upon beginning discussion of any of the following:
funeral provider must offer the list upon beginning discussion I. The prices of funeral goods or funeral services;
of, but in any event before showing the containers. The II. The overall type of funeral service or disposition; or
list must contain at least the retail prices of all outer burial III. Specific funeral goods or funeral services offered by
containers offered which do not require special ordering, the funeral provider.
enough information to identify each container, and the ii. The requirement in clause (i) of this subparagraph applies
effective date for the prices listed. In lieu of a written list, the whether the discussion takes place in the funeral home
funeral provider may use other formats, such as notebooks, or elsewhere. Provided, however, that when the deceased
brochures, or charts, if they contain the same information is removed for transportation to the funeral home, an in-
as the printed or typewritten list, and display it in a clear person request at that time for authorization to embalm,
and conspicuous manner. Provided, however, that funeral required by §203.10(a)(2) of this title (relating to Prior
providers do not have to make an outer burial container price approval for embalming), does not, by itself, trigger
list available if the funeral providers place on the general the requirement to offer the general price list if the
price list, specified in paragraph (5) of this subsection, the provider in seeking prior embalming approval discloses
information required by this subsection. The description of an that embalming is not required by law except in certain
outer burial container under this section must, at a minimum, special cases, if any. Any other discussion during that
include the following specifications: time about prices or the selection of funeral goods or
i. The type of material that is predominantly used in the services triggers the requirement under clause (i) of this
construction of the merchandise, i.e.: subparagraph to give consumers a general price list.
I. Concrete, specifying type of construction, e.g., liner, iii. The list required in clause (i) of this subparagraph must
box, or vault; contain at least the following information:
II. Steel, identified as stainless or by gauge, e.g., 12 gauge I. The name, address, and telephone number of the
(or described as galvanized of a particular gauge); funeral provider’s place of business;
III. Wood; II. A caption describing the list as a “general price list”;
IV. Bronze or copper, described by weight or gauge, e.g., and
32 oz. or 18 gauge; or III. The effective date for the price list.
V. Other specifically named material; and B. Include on the price list, in any order, the retail prices
ii. The type of sealing feature, e.g., sealer, non-sealer, (expressed either as the flat fee, or as the price per hour,
gasketed, or non-gasketed, if specified on the funeral mile or other unit of computation) and the other information
establishment price list. specified below for at least each of the following items, if
B. Place on the list, however produced, the name of the funeral offered for sale:
provider’s place of business, address, and telephone number, i. Forwarding of remains to another funeral home, together
and a caption describing the list as an “outer burial container with a list of the services provided for any quoted price;
price list.” ii. Receiving remains from another funeral home, together
4. Urn price list. with a list of the services provided for any quoted price;
A. Give a printed or typewritten price list to persons who iii. The price range for the direct cremations offered by the
inquire in person about urn offerings or prices. The funeral funeral provider, together with:
provider must offer the list upon beginning discussion of, I. A separate price for a direct cremation where the
but in any event, before showing the containers. The list purchaser provides the container;
must contain at least the retail prices of all urns offered II. Separate prices for each direct cremation offered
which do not require special ordering, the description of an including an alternative container; and
urn under this section must, at a minimum, include the type III. A description of the services and container (where
of material predominately used in its construction. Bronze applicable), included in each price;
urns must be described as sheet bronze or caste bronze, iv. The price range for the immediate burials offered by the
whichever is applicable. The price list must include the funeral provider, together with:
effective date for the prices listed. In lieu of a written list, the I. A separate price for an immediate burial where the
funeral provider may use other formats, such as notebooks, purchaser provides the casket;
brochures, or charts, if they contain the same information II. Separate prices for each immediate burial offered
as the printed or typewritten list, and display it in a clear including a casket or alternative container; and
and conspicuous manner. Provided, however, that funeral III. A description of the services and container (where
providers do not have to make an urn price list available if applicable) included in that price;
the funeral providers place on the general price list, specified v. Transfer of remains to funeral home;
in paragraph (5) of this subsection, the information required vi. Embalming;
by this subsection. vii. Other preparation of the body;
B. Place on the list, however produced, the name of the funeral viii. Use of facilities and staff for viewing;
provider’s place of business, address and telephone number ix. Use of facilities and staff for funeral ceremony;
and a caption describing the list as an “urn price list.” x. Use of facilities and staff for memorial service;
5. General price list. xi. Use of equipment and staff for graveside service;
11
xii. Hearse; and ascertainable. If the prices are not known or reasonably
xiii. Limousine. ascertainable, a good faith estimate shall be given and a
C. Include on the general price list, in any order, the following written statement of the actual charges shall be provided
information: before the final bill is paid.);
i. Either of the following: iii. The total cost of the goods and services selected; and
I. The price range for the caskets offered by the funeral iv. The complete description of all goods as described in
provider, together with the statement: “A complete paragraphs (2) - (5) of this subsection.
price list will be provided at the funeral home.”; or B. The information required by this paragraph may be included
II. The prices of individual caskets, disclosed in on any contract, statement, or other document which the
the manner specified by paragraph (2)(A) of this funeral provider would otherwise provide at the conclusion
subsection; and of discussion of arrangements.
ii. Either of the following: 7. Other pricing methods. Funeral providers may give persons any
I. The price range for the outer burial containers offered other price information, in any other format, in addition to that
by the funeral provider, together with the statement: required by paragraphs (2) - (5) of this subsection so long as the
“A complete price list will be provided at the funeral statement required by paragraph (6) of this subsection is given
home.”; or when required by the rule.
II. The prices of individual outer burial containers,
Rule 203.8 Misrepresentations
disclosed in the manner specified by paragraph (3)(A)
(a) Embalming provisions.
of this subsection; and
1. Deceptive acts or practices. In selling or offering to sell funeral
iii. Either of the following:
goods or funeral services to the public, it is a deceptive act or
I. The price for the basic services of funeral director
practice for a funeral provider to:
and staff, together with a list of the principal basic
A. Represent that state or local law requires that a deceased
services provided for any quoted price and, if the
person be embalmed when such is not the case;
charge cannot be declined by the purchaser, the
B. Fail to disclose that embalming is not required by law except
statement: “This fee for our basic services will be
in certain special cases, if any.
added to the total cost of the funeral arrangements
2. Preventive requirements. To prevent these deceptive acts or
you select. (This fee is already included in our
practices, as well as the unfair or deceptive acts or practices
charges for direct cremations, immediate burials,
defined in §203.9(b)(1) of this title (relating to Other required
and forwarding or receiving remains.)”. If the charge
purchase of funeral goods or funeral services) and §203.10(a) of
cannot be declined by the purchaser, the quoted
this title (relating to Services provided without prior approval),
price shall include all charges for the recovery of
funeral providers must:
unallocated funeral provider overhead, and funeral
A. Not represent that a deceased person is required to be
providers may include in the required disclosure the
embalmed for:
phrase “and overhead” after the word “services”; or
i. Direct cremation;
II. The following statement: “Please note that a fee
ii. Immediate burial; or
of (specify dollar amount) for the use of our basic
iii. A closed casket funeral without viewing or visitation
services is included in the price of our caskets. This
when refrigeration is available and when state or local
same fee shall be added to the total cost of your funeral
law does not require embalming; and
arrangements if you provide the casket. Our services
B. Place the following disclosure on the general price list,
include (specify).” The fee shall include all charges
required by §203.7(b)(4) of this title (relating to General
for the recovery of unallocated funeral provider
price list), in immediate conjunction with the price shown for
overhead, and funeral providers may include in the
embalming: “Except in certain special cases, embalming is
required disclosure the phrase “and overhead” after
not required by law. Embalming may be necessary, however,
the word “services.” The statement must be placed
if you select certain funeral arrangements, such as a funeral
on the general price list together with the casket price
with viewing. If you do not want embalming, you usually
range, required by clause (i)(I) of this subparagraph, or
have the right to choose an arrangement that does not require
together with the prices of individual caskets, required
you to pay for it, such as direct cremation or immediate
by clause (i)(II) of this subparagraph.
burial.” The phrase “except in certain special cases” need
D. The services fee permitted by subparagraph (C)(iii)(I) or (II)
not be included in this disclosure if state or local law in the
of this paragraph is the only funeral provider fee for services,
area(s) where the provider does business does not require
facilities or unallocated overhead permitted by this part to be
embalming under any circumstances.
non-declinable, unless otherwise required by law.
(b) Casket for cremation provisions.
6. Statement of funeral goods and services selected.
1. Deceptive acts or practices. In selling or offering to sell funeral
A. Give an itemized written statement for retention to each
goods or funeral services to the public, it is a deceptive act or
person who arranges a funeral or other disposition of human
practice for a funeral provider to:
remains, at the conclusion of the discussion of arrangements.
A. Represent that state or local law requires a casket for
The statement must list at least the following information:
direct cremations;
i. The funeral goods and funeral services selected by that
B. Represent that a casket is required for direct cremations.
person and the prices to be paid for each of them, unless
2. Preventive requirements. To prevent these deceptive acts or
there is a discounted package arrangement that itemizes
practices, as well as the unfair or deceptive acts or practices
the discount provided by the package arrangement;
defined in §203.9(a)(1) of this title (relating to Casket for
ii. Specifically itemized cash advance items. (These prices
cremation purposes), funeral providers must place the following
must be given to the extent then known or reasonably
disclosure in immediate conjunction with the price range shown
12
for direct cremations: “If you want to arrange a direct cremation, B. Fail to disclose to persons arranging funerals that the price
you can use an alternative container. Alternative containers being charged for a cash advance item is not the same as the
encase the body and can be made of materials like fiberboard or cost to the funeral provider for the item when such is the case.
composition materials (with or without an outside covering). The 2. Preventive requirements. To prevent these deceptive acts or
containers we provide are (specify containers).” This disclosure practices, funeral providers must place the following sentence
only has to be placed on the general price list if the funeral in the itemized statement of funeral goods and services selected,
provider arranges direct cremations. in immediate conjunction with the list of itemized cash advance
(c) Outer burial container provisions. items required by §203.7(b)(5)(A)(ii) of this title (relating to
1. Deceptive acts or practices. In selling or offering to sell funeral Statement of funeral goods and services selected): “We charge
goods and funeral services to the public, it is a deceptive act or you for our services in obtaining: (specify cash advance items),”
practice for a funeral provider to: if the funeral provider makes a charge upon, or receives and
A. Represent that state or local laws or regulations, or particular retains a rebate, commission or trade or volume discount upon a
cemeteries, require outer burial containers when such is not cash advance item.
the case;
B. Fail to disclose to persons arranging funerals that state law Rule 203.9 Required Purchase of Funeral Goods or Funeral Services
does not require the purchase of an outer burial container. (a) Casket for cremation provisions.
2. Preventive requirement. To prevent these deceptive acts or 1. Unfair or deceptive acts or practices. In selling or offering to sell
practices, funeral providers must place the following disclosure funeral goods or funeral services to the public, it is an unfair or
on the outer burial container price list, required by §203.7(b)(3) deceptive act or practice for a funeral provider, or a crematory, to
(A) of this title (relating to Outer burial container price list), or, if require that a casket be purchased for direct cremation.
the prices of outer burial containers are listed on the general price 2. Preventive requirement. To prevent this unfair or deceptive act
list, required by §203.7(b)(4) of this title (relating to General or practice, funeral providers must make an alternative container
price list), in immediate conjunction with those prices: “In most available for direct cremations, if they arrange direct cremations.
areas of the country, state or local law does not require that you (b) Other required purchases of funeral goods or funeral services.
buy a container to surround the casket in the grave. However, 1. Unfair or deceptive acts or practices. In selling or offering to sell
many cemeteries require that you have such a container so that funeral goods or funeral services, it is an unfair or deceptive act
the grave will not sink in. Either a grave liner or a burial vault or practice for a funeral provider to:
will satisfy these requirements.” The phrase “in most areas of A. Condition the furnishing of any funeral good or funeral
the country” need not be included in this disclosure if state or service to a person arranging a funeral upon the purchase of
local law in the area(s) where the provider does business does not any other funeral good or funeral service, except as required
require a container to surround the casket in the grave. by law or as otherwise permitted by this part;
(d) General provisions on legal and cemetery requirements. B. Charge any fee as a condition to furnishing any funeral goods
1. Deceptive acts or practices. In selling or offering to sell funeral or funeral services to a person arranging a funeral, other than
goods or funeral services to the public, it is a deceptive act or the fees for:
practice for funeral providers to represent that federal, state, or i. Services of funeral director and staff, permitted by §203.7(b)
local laws, or particular cemeteries or crematories, require the (4)(C)(iii) of this title (relating to General price list);
purchase of any funeral goods or funeral services when such is ii. Other funeral services and funeral goods selected by the
not the case. purchaser; and
2. Preventive requirements. To prevent these deceptive acts or iii. Other funeral goods or services required to be purchased,
practices, as well as the deceptive acts or practices identified as explained on the itemized statement in accordance with
in subsections (a)(1), (b)(1), and (c)(1) of this section, funeral §203.8(d)(2) of this title (relating to General provisions
providers must identify and briefly describe in writing on the on legal and cemetery requirements).
statement of funeral goods and services selected (required 2. Preventive requirements.
by §203.7(b)(5) of this title (relating to Statement of funeral A. To prevent these unfair or deceptive acts or practices, funeral
goods and services selected) any legal, cemetery, or crematory providers must:
requirement which the funeral provider represents to persons as i. Place the following disclosure in the general price list,
compelling the purchase of funeral goods or funeral services for immediately above the prices required by §203.7(b)(4)
the funeral which that person is arranging. (B) and (C) of this title (relating to General price list):
(e) Provisions on preservative and protective value claims. In selling “The goods and services shown below are those we
or offering to sell funeral goods or funeral services to the public, it is can provide to our customers. You may choose only the
a deceptive act or practice for a funeral provider to: items you desire. If legal or other requirements mean
1. Represent that funeral goods or funeral services will delay the you must buy any items you did not specifically ask for,
natural decomposition of human remains for a long-term or we will explain the reason in writing on the statement
indefinite time; we provide describing the funeral goods and services
2. Represent that funeral goods have protective features or will protect you selected.” Provided, however, that if the charge for
the body from gravesite substances, when such is not the case. “services of funeral director and staff” cannot be declined
(f) Cash advance provisions. by the purchaser, the statement shall include the sentence:
1. Deceptive acts or practices. In selling or offering to sell funeral “However, any funeral arrangements you select will
goods or funeral services to the public, it is a deceptive act or include a charge for our basic services” between the second
practice for a funeral provider to: and third sentences of the statement specified above herein.
A. Represent that the price charged for a cash advance item is The statement may include the phrase “and overhead” after
the same as the cost to the funeral provider for the item when the word “services” if the fee includes a charge for the
such is not the case; recovery of unallocated funeral provider overhead;
13
ii. Place the following disclosure in the statement of funeral list, and general price list), any statement or information that alters
goods and services selected, required by §203.7(b)(5)(A) or contradicts the information required by this Part to be included in
of this title (relating to Statement of funeral goods and those lists.
services selected): “Charges are only for those items that
Rule 203.13 Declaration of Intent
you selected or that are required. If we are required by
(a) Except as otherwise provided in §203.7(a) of this title (relating
law or by a cemetery or crematory to use any items, we
to Price disclosures), it is a violation of this rule to engage in any
will explain the reasons in writing below.”
unfair or deceptive acts or practices specified in this rule, or to fail to
B. A funeral provider shall not violate this section by failing to
comply with any of the preventive requirements specified in this rule.
comply with a request for a combination of goods or services
which would be impossible, impractical, or excessively (b) The provisions of this rule are separate and severable from
burdensome to provide. one another. If any provision is determined to be invalid, it is the
Commission’s intention that the remaining provisions shall continue
Rule 203.10 Services Provided Without Prior Approval
in effect.
(a) Unfair or deceptive acts or practices. In selling or offering to
sell funeral goods or funeral services to the public, it is an unfair (c) This rule shall not apply to the business of insurance or to acts in
or deceptive act or practice for any provider to embalm a deceased the conduct thereof.
human body for a fee unless:
Rule 203.14 Display of Funeral Merchandise
1. State or local law or regulation requires embalming in the
The commission will approve only those display rooms in licensed
particular circumstances regardless of any funeral choice which
funeral establishments which meet the requirement of Chapter 651,
the family might make; or
Texas Occupations Code, that are designed and utilized to allow the
2. Prior approval for embalming (expressly so described) has been
public to make a private inspection and selection. Regardless of the
obtained from a family member or other authorized person; or
type or method of overall merchandise selection used by the licensed
3. The funeral provider is unable to contact a family member
funeral establishment, there must be a display of at least five adult size
or other authorized person after exercising due diligence, has
caskets, two of which are actual full sized caskets, one of which is the
no reason to believe the family does not want embalming
lowest priced casket offered for sale by the establishment. The three
performed, and obtains subsequent approval for embalming
adult caskets that are not required to be full-size may be displayed:
already performed (expressly so described). In seeking approval,
1. In a partial panel display; or
the funeral provider must disclose that a fee will be charged if
2. By video or brochure, online, or in any other manner.
the family selects a funeral which requires embalming, such as
a funeral with viewing, and that no fee will be charged if the Rule 203.16 Requirements Relating to Embalming
family selects a service which does not require embalming, such (a) In order to ensure the maximum inhibition of pathogenic
as direct cremation or immediate burial. organisms in the dead human body, the following minimum
(b) Preventive requirement. To prevent these unfair or deceptive acts standards of performance shall be required of each licensed
or practices, funeral providers must include on the itemized statement embalmer in the State of Texas in each instance in which he or she is
of funeral goods and services selected, required by §203.7(b)(5) of this authorized or required to embalm a dead human body.
title (relating to Statement of funeral goods and services selected), the 1. Embalming shall be performed only by embalmers licensed
statement: “If you selected a funeral that may require embalming, such by the commission, in properly equipped and licensed
as a funeral with viewing, you may have to pay for embalming. You establishments, or in the event of a disaster of major proportions,
do not have to pay for embalming you did not approve if you selected in facilities designated by a medical examiner, coroner, or
arrangements such as a direct cremation or immediate burial. If we state health official. Only three types of people may under
charged for embalming, we will explain why below.” certain circumstances assist licensed embalmers in embalming:
provisional licensed embalmers under the personal supervision of
Rule 203.11 Retention of Documents
a licensed embalmer; students who are enrolled in an accredited
To prevent the unfair or deceptive acts or practices specified in
school of mortuary science working on a case intended toward
§203.7 of this title (relating to Price disclosures) and §203.8 of this
completion of the student’s clinical requirements, under the
title (relating to Misrepresentations) of this rule, funeral providers
personal supervision of a licensed embalmer and with written
must retain and make available for inspection by Commission
permission to assist the embalmer from the person responsible
officials true and accurate copies of the price lists specified in
for making arrangements or next of kin; and, in the event of
§203.7(b)(2)-(4) of this title (relating to Casket price list, outer burial
a disaster of major proportions and with the prior approval of
container price list, and general price list), as applicable, for at least
the executive director of the commission, embalmers licensed
two years after the date of their last distribution to customers, and
in another state as long as they are working with or under the
a copy of each statement of funeral goods and services selected, as
general supervision of a person licensed as an embalmer in this
required by §203.7(b)(5) of this title (relating to Statement of funeral
state. It is not the intent of this rule to supersede §203.22 of this
goods and services selected), for at least two years from the date of
title (relating to Required Documentation for Embalming) which
the arrangements conference.
authorizes embalming using mortuary students.
Rule 203.12 Comprehension of Disclosures 2. In order to prevent those involved in the embalming procedure
To prevent the unfair or deceptive acts or practices specified from becoming unwitting carriers of pathogenic organisms
in §§203.7-203.10 of this title (relating to Price disclosures, into the community, they shall be required to utilize all
misrepresentations, required purchase of funeral goods or services, personal protective equipment (PPE) such as is required by
and services provided without prior approval), funeral providers either OSHA or its corresponding state agency during the
must make all disclosures required by those sections in a clear and embalming procedure. While the use of disposable items is
conspicuous manner. Providers shall not include in the casket, outer suggested, those items capable of being sterilized or properly
burial container, and general price lists, required by §203.7(b)(2)-(4) sanitized are permitted.
of this title (relating to Casket price list, outer burial container price
14
3. Clothing and/or personal effects of the decedent shall either be enclose the body in a zippered plastic or rubber pouch prior to
thoroughly disinfected before delivery to any person or discarded burial or other disposal.
in a manner consistent with the disposal of biohazardous material. 13. Dead human bodies donated to the State Anatomical Board shall
4. The technique utilized to effect eye, mouth, and lip closure shall be be embalmed as required by the State Anatomical Board and
any technique accepted as standard in the profession. Regardless where conflicting requirements exist, those requirements of the
of the technique chosen, the embalmer shall be required to achieve State Anatomical Board shall prevail.
the best results possible under prevailing conditions. 14. Nothing in this section shall be interpreted to require embalming
5. The entire body may be thoroughly cleaned before arterial if the next-of kin does not authorize embalming.
injection and shall be cleaned immediately after the embalming 15. All bodies should be treated in such manner and maintained in
procedure with an antiseptic soap or detergent. such an atmosphere as to avoid infestation by vermin, maggots,
6. Body orifices (nostrils, mouth, anus, vagina, ear canals, and ants, and other insects; however, should these conditions occur,
urethra) open lesions, and other surgical incisions shall be treated the body should be treated with an effective vermicide and/or
with appropriate topical disinfectants either before or immediately insecticide to eliminate these conditions.
after arterial injection. After cavity treatment has been completed, 16. No licensed establishment or licensed embalmer shall take into
body orifices shall be packed in cotton saturated with a suitable its or the embalmer’s care any dead human body for embalming
disinfectant of a phenol coefficient not less than one in cases where without exerting every professional effort, and employing every
purge is evident or is likely to occur and/or when the body is to be possible technique or chemical, to achieve the highest level of
transported out of state or by common carrier. disinfecting.
7. The arterial fluid to be injected shall be one commercially 17. Nothing in this section shall be interpreted to prohibit the use
prepared and marketed with its percent of formaldehyde, or other of supplemental or additional procedures or chemicals which
approved substance, by volume (index) clearly marked on the are known to and accepted in the funeral service profession and
label or in printed material supplied by the manufacturer. which are not specifically mentioned in this subsection.
8. The fluids selected shall be injected into all bodies in such (b) Minor variations in these procedures shall be permitted as long
dilutions and at such pressures as the professional experience as they do not compromise the purpose of this rule as stated in
of the embalmer shall indicate, except that in no instance shall subsection (a) of this section.
dilute solution contain less than 1.0% formaldehyde, or an
(c) All embalming case reports must contain, at a minimum, all
approved substance that acts the same as formaldehyde, and
the information on the case-report form published following this
as the professional experience of the embalmer indicates, one
subsection. This form is also on file in the commission’s offices and
gallon of dilute solution shall be used for each 50 pounds of body
may be accessed from the commission’s website at www.tfsc.state.
weight. Computation of solution strength is as follows: C x V =
tx.us. Staff will make a copy of this form available upon request.
C’ x V’ C = strength of concentrated fluid V = volume of ounces
Funeral establishments may use other forms, so long as the forms
of concentrated fluid C’ = strength of dilute fluid V’ = volume of
contain all the information on the published form. A case report shall
ounces of dilute fluid.
be completed for each embalming procedure not later than the date
9. Abdominal and thoracic cavities shall be treated in the
of disposition of the body which was embalmed. The embalmer shall
following manner.
ensure that all information contained in the case report is correct and
A. Liquid, semi-solid, and gaseous contents which can be
legible. The embalmer is encouraged to employ electronic resources
withdrawn through a trocar shall be aspirated by the use of
to the extent possible for completing the case report. The completed
the highest vacuum pressure attainable.
form shall be retained for two years following the procedure date and
B. Concentrated, commercially prepared cavity fluid which
made available to the commission, upon request.
is acidic in nature (6.5 pH or lower) and contains at least
two preservative chemicals shall be injected and evenly Rule 203.17 Clarification of Other Facilities Necessary in a
distributed throughout the aspirated cavities. A minimum Preparation Room
of 16 ounces of concentrated cavity fluid shall be used in The commission will approve only those preparation rooms which
any embalming case in which a minimum of two gallons of meet the requirements of Chapter 651, Texas Occupations Code, and
arterial solution has been injected. the following minimum standards listed in paragraphs (1) - (12) of
C. Should distension and/or purge occur after treatment, aspiration this subsection prescribed by the commission:
and injection as required shall be repeated as necessary. 1. Must be of sufficient size and dimensions to accommodate an
10. The embalmer shall be required to check each body thoroughly operating table, a sink with water connections, and an instrument
after treatment has been completed. Any area not adequately table, cabinet, or shelves:
disinfected by arterial and/or cavity treatment shall be injected A. The operating table must have a rust proof metal or porcelain
hypodermically with disinfectant and preservative fluid of top, with edges raised at least 3/4 inch around the entire table
maximum results. A disinfectant and preservative medium shall be and a drain opening at the lower end;
applied topically in those cases which require further treatment. B. The sink must have hot and cold running water and drain freely;
11. On bodies in which the arterial circulation is incomplete or C. The faucet must be equipped with an aspirator;
impaired by advance decomposition, burns, trauma, autopsy, 2. Must contain an injection/embalming machine and sufficient
or any other cause, the embalmer shall be required to use the supplies and equipment for normal operations;
hypodermic method to inject all areas which cannot be properly 3. Must be clean, sanitary, and not used for other purposes;
treated through whatever arterial circulation remains intact (if any). 4. Must not have defective construction which permits the entrance
12. In the event that the procedures in paragraphs (1) - (11) of this of rodents;
subsection leave a dead human body in condition to constitute 5. Must not have evidence of infestation of insects or rodents;
a high risk of infection to anyone handling the body, the 6. Must be private and have no general passageway through it;
embalmer shall be required to apply to the exterior of the body 7. Must be properly ventilated with an exhaust fan that provides at
an appropriate embalming medium in powder or gel form and to least five room air exchanges per hour;
15
8. Must not have unenclosed or public restroom facilities located Texas Occupations Code and in the possession of the funeral
within the room; establishment and/or embalmer at the time of the embalming.
9. Must have walls which run from floor to ceiling and be covered
(d) Nothing in this rule diminishes the requirement of the
with tile, or by plaster or sheetrock painted with washable paint;
establishment to abide by the Federal Trade Commission funeral rule
10. Must have floors of concrete with a glazed surface, or tiled in
regarding embalming disclosures. In the event of a conflict between
order to provide the greatest sanitary condition possible;
this rule and the Federal Trade Commission funeral rule, the Federal
11. Must have doors, windows, and walls constructed to prevent
Trade Commission funeral rule prevails.
odors from entering any other part of the building;
12. Must have all windows and openings to the outside screened. (e) A copy of the Embalming Authorization shall be retained by the
school or college according to §651.407, Texas Occupations Code.
Rule 203.20 Cash Advance Items
The funeral establishment or embalming establishment shall retain
(a) The funeral purchase agreement must state the amount paid
the documents for a minimum of two years.
or owed to another person by the funeral establishment on behalf
of the customer and each fee charged the customer for the cost of (f) The commission shall randomly audit these authorizations.
advancing funds or becoming indebted to another person on behalf
(g) A copy of this form may be obtained from the commission and
of the customer.
may be reproduced by a licensed embalming establishment and/or a
(b) In selling or offering to sell funeral goods or funeral services to licensed funeral establishment.
the public, it is a deceptive act or practice for a funeral provider to
(h) The embalming case report shall be completed and signed by the
represent that the price charged for a cash advance item is the same as
licensed embalmer performing the embalming procedure.
the cost to the funeral provider for the item when such is not the case.
Rule 203.23 Location of Retained Records
Rule 203.21 Presentation of Consumer Brochure
(a) All records required for retention by Texas Occupations
(a) Consumer brochures shall be prominently displayed in the public
Code Chapter 651 and rules of this title, will be maintained for a
view, offered free of charge for keeping to any person, and presented
minimum of two years within the physical confines of the licensed
during the arrangement conference if not before.
establishment where the funeral arrangements were made. The
(b) Consumer brochures are designed and printed by the Commission records must be made available to the Texas Funeral Service
and may be copied only when the Commission is unable to furnish Commission through its staff and members, or to the next of kin or
the funeral establishment with an ordered supply. person authorized for the making of funeral arrangements during
regular business hours, and copies must be provided upon request to
(c) The Commission determines the minimum order size and the fees
the commission.
for the brochures.
(b) Any interested persons as defined in §201.8(a)(2) of this title
Rule 203.22 Required Documentation for Embalming
(relating to Procedures for the Petition for Adoption of Rules), may
(a) If permission to embalm is oral, the funeral establishment must
submit a petition to the commission requesting an exemption to the
maintain for two years written documentation of the name of the
portion of subsection (a) of this section which requires that retained
person authorizing embalming, that person’s relationship to the
records be kept within the physical confines of the licensed funeral
deceased, and the time permission was obtained.
establishment where the funeral arrangements were made.
(b) When oral or written permission to embalm cannot be obtained
(c) Each petition will clearly state:
from the person authorized to make funeral arrangements, the funeral
1. A brief explanation of the problem(s) created by that portion of
establishment must maintain for two years written documentation of
the rules;
the efforts taken as mandated by §651.457, Texas Occupations Code
2. The rational or justification for the granting of the exemption;
to obtain permission to embalm.
3. The specific remedy requested, including the alternative
1. In cases where a medical examiner of justice of the peace has
location selected;
given permission to a funeral establishment to take custody of a
4. Assurances that the commission or its representatives will be
body, the receiving funeral establishment may not embalm the
able to easily access all records by name of the establishment,
body until the person authorized to make funeral arrangements
name of individual, or by date of service.
has given permission. Nothing in this subsection shall be
(d) The executive director will grant, deny, or modify the requested relief.
construed as allowing a funeral establishment to initiate contact
with the person authorized to make funeral arrangements. (e) The executive director will advise interested parties in writing of
2. Chapter 694, Texas Health and Safety Code authorizes county the action taken by the commission.
officials to dispose of unclaimed bodies, and Chapter 691, Texas
(f) Each petition will be considered separately and upon its own
Health and Safety Code authorizes the Anatomical Board to
merit. When considering the petition, the executive director will take
receive unclaimed bodies.
into account the proposed geographical location of the records, and
(c) The Authorization to Embalm Form 10.1.01b adopted by
the licensee’s demonstrated ability to substantially comply with the
reference in this section, must be signed by a family member,
mortuary laws and the rules and regulations of the Texas Funeral
preferably the next of kin, or the person authorized to make funeral
Service Commission as demonstrated in prior inspection reports and
arrangements when written authorization is secured if embalming is
other documents submitted to the commission.
performed. The authorization to embalm form may not be altered,
and must be used in its adopted form but may be reproduced by Rule 203.24 Unprofessional Conduct
a licensed embalming establishment and/or a licensed funeral (a) The commission may, in its discretion, refuse to issue or renew
establishment. If a mortuary student is to assist the licensed a license or may fine, revoke, or suspend any license granted by
embalmer, the authorization must be in writing pursuant to §651.407, the commission, and may probate any license suspension if the
16
commission finds that the applicant or licensee has engaged in (c) The making of a false statement as to corporate franchise
unprofessional conduct as defined in this section. 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
(b) For the purpose of this section, unprofessional conduct shall
statement as a material breach of contract.
include but not be limited to:
1. Providing funeral goods and services or performing acts of Rule 203.26 Funeral Directors and Embalmers License
embalming in violation of Texas Occupations Code, Chapter 651, Requirements and Procedure
the adopted rules of the Texas Funeral Service Commission and (a) License Required: A person may not engage in funeral directing
applicable health and vital statistics laws and rules; or embalming in this state without holding a license issued by the
2. Refusing or failing to keep, maintain or furnish any record or commission, unless the person is a mortuary student acting under the
information required by law or rule, including a failure to file supervision and direction of a licensed funeral director or embalmer.
with the commission any documentation as and when requested
(b) Initial License and Fees:
during the course of a commission or staff investigation;
1. An applicant for an initial license must meet the eligibility
3. Operating a funeral establishment in an unsanitary manner;
requirements of Texas Occupations Code, §651.253.
4. Failing to practice funeral directing or embalming in a manner
2. Initial licenses issued after March 5, 2003, expire on the last day
consistent with the public health or welfare;
of the licensee’s birth month not less than one year nor more than
5. Obstructing a commission employee in the lawful performance
two years following the license issue date. The monthly fee for
of such employee’s duties of enforcing Texas Occupations Code,
the initial license, payable in a lump sum, is equal to one twenty-
Chapter 651 and commission rules or instructions;
fourth (1/24) of the biennial license fee.
6. Copying, retaining, repeating, or transmitting in any manner
3. The renewal period of a license issued under subsection (a) of
the questions contained in any examination administered by
this section is two years beginning on the 1st day of the month
the commission;
following the licensee’s birth month.
7. Physically abusing or threatening to physically abuse a
4. The licensing fee shall accompany the application for licensure.
commission employee during the performance of his lawful duties;
The amount of the licensing and renewal fees is posted on the
8. Conduct which is willful, flagrant, or shameless or which shows
commission’s website at www.tfsc.state.tx.us.
a moral indifference to the standards of the community;
5. All applicants for an initial license must submit to an FBI
9. In the practice of funeral directing or embalming, engaging in:
background check.
A. Fraud, which means an intentional perversion of truth for the
(c) Outstanding Licenses
purpose of inducing another in reliance upon it to part with
1. Individual licenses outstanding on March 5, 2003 expire on May
some valuable thing belonging to him, or to surrender a legal
31 or November 30 two years from their issue date.
right, or to issue a license; a false representation of a matter
2. The first renewal period for a license described in paragraph (1)
of fact, whether by words or conduct, by false or misleading
of this subsection is the number of months from its expiration
allegations, or by concealment of that which should have been
date to the last day of the licensee’s birth month not less than one
disclosed, which deceives or is intended to deceive another;
year nor more than two years following the license issue date.
B. Deceit, which means the assertion, as a fact, of that which is not
The monthly fee for the initial license, payable in a lump sum, is
true by any means whatsoever to deceive or defraud another;
equal to one twenty-fourth (1/24) of the biennial license fee.
C. Misrepresentation, which means a manifestation by words or
3. A license described in paragraph (2) of this subsection must be
other conduct which is a false representation of a matter of fact;
renewed within two years following the last day of the licensee’s
10. Communicating directly or indirectly with a member of the
birth month and biennially thereafter.
Board of Commissioners during the pendency of a contested case
(d) Renewal Procedures and Conditions
proceeding in connection with an issue of fact or law, except
1. A license may be renewed prior to its expiration if the licensee
upon notice and opportunity for each party to participate;
has paid the renewal fee and met the requirements of §203.30 of
11. Attempting to influence a complainant or witness in any
this chapter (relating to Continuing Education).
complaint case to change the nature of the complaint, or
2. A person whose license is expired for 90 days or less may renew
withdraw the complaint by means of coercion, harassment,
the license by meeting the requirements of this subsection, except
bribery, or by force, or threat of force;
that the renewal fee is 1-1/2 times the amount of the normal
12. Retaliating or threatening to retaliate against a complainant who
renewal fee.
has filed a complaint with the Commission in good faith;
3. A person whose license is expired for more than 90 days but less
13. Violating any Texas law, or Administrative Rules governing the
than one year may renew the license by meeting the requirements
transportation, storage, refrigeration, interment, cremation, or
of this subsection, except the renewal fee is two times the amount
disinterment of the dead.
of the normal renewal fee.
Rule 203.25 Franchise Tax 4. A person whose license has been expired for one (1) year or more
(a) Any corporation contracting with the Texas Funeral Service prior to September 1, 2009, may not renew the license, but may
Commission and/or any corporate applicant for a license or permit reinstate the license by meeting the following requirements:
issued by the agency must certify in writing, on a form provided by A. The examination described in Texas Occupations Code,
the agency, that its franchise taxes are current, that the corporation is Chapter 651, §651.255 for a funeral director and §651.256
exempt from payment of the franchise tax or that it is an out-of-state for an embalmer;
corporation that is not subject to the franchise tax. B. Payment of applicable fees, which include all back renewal
fees and penalty fees as determined by the commission; and
(b) The making of a false statement as to corporate franchise tax
C. Completion of the mandatory continuing education
status on any license or permit application shall be grounds for
requirements of §203.30(f)(2) of this chapter.
disciplinary action.
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5. A person whose license has expired after September 1, 2009, and 2. Approved program–A continuing education program activity
has been expired for one (1) year or more may renew the license that has been approved by the commission. The program shall
by meeting the following requirements: contribute to the advancement, extension, and enhancement
A. Retaking and passing the applicable examination; of the professional skills and knowledge of the licensee in
B. Payment of any applicable fees, including a renewal fee that the practice of funeral directing and embalming by providing
is equal to two times the normally required renewal fee; and information relative to the funeral service industry and be open to
C. Completion of the mandatory continuing education all licensees.
requirements of §203.30(f)(2) of this chapter. 3. Hour of continuing education–A 50 minute clock hour
completed by a licensee in attendance at an approved
Rule 203.29 Funeral Establishment Names
continuing education program.
(a) Each funeral establishment’s application for licensure shall
(c) Types of acceptable continuing education. Acceptable sources
contain the name to be used on the license.
of continuing education are institutes, seminars, workshops,
(b) Upon receiving an application for a new or changed funeral conferences, independent study programs, college academic or
establishment license, the executive director shall review continuing education courses which are related to or enhance
establishment names in the commission’s database. The executive the practice of funeral directing or embalming and are offered or
director shall issue the license in the requested name when all sponsored by an approved provider and open to all licensees.
licensing requirements are satisfied, unless the director determines
(d) Approval of continuing education.
that the name is deceptively or substantially similar to the name
1. A person or entity seeking approval as a continuing education
of another licensed funeral establishment in the same county,
provider shall file a completed application on a form provided by
metropolitan area, municipality, or service area. A license shall
the commission and include the continuing education provider
not be issued to an establishment for a name that is deceptively or
fee and the fee for each course submitted. Governmental
substantially similar to the name of another establishment, unless
agencies are exempt from paying this fee.
that establishment agrees in writing to the name’s use.
2. National or state funeral industry professional organizations may
(c) A funeral establishment’s name may be changed by following the apply for approval of seminars or other courses of study given
procedure for obtaining the original name. during a convention.
3. An application for approval must be accompanied by a syllabus for
(d) An applicant for approval of a new or changed name may appeal
each course submitted which specifies the course objectives, course
the executive director’s denial of the request to the commission. The
content and teaching methods to be used, and the number of credit
commission’s decision is final.
hours each course is requesting to be granted, and a brief resume or
(e) No funeral establishment may advertise under an assumed name, description of the instructor and the instructor’s qualifications.
unless the entity has filed an assumed name certificate with the 4. A provider is not approved until the executive director
appropriate county clerk or the secretary of state, as required by the communicates in writing that the application has been accepted
Texas Assumed Business or Professional Name Act. and issues a Provider Number for the provider and a course
number for each course offered under that Provider number. The
(f) No funeral establishment, commercial embalming establishment, commission may refuse to approve a provider’s application for
crematory, or cemetery shall advertise in a manner which is any valid reason, as determined by the commission.
false, misleading, or deceptive. After November 15, 2011, each 5. A Provider Number and Course number are valid for one year,
advertisement that offers the service of an commercial embalming expiring on December 31st of each year, regardless of when the
establishment, funeral establishment, crematory, or cemetery number was granted.
in Texas and is found in a telephone directory, on a radio, on a (e) Responsibilities of approved providers.
television, on a domain site, e-mail directory, web site, or newspaper 1. The provider shall verify attendance at each program and provide
must clearly display the funeral establishment, commercial a certificate of attendance to each attendee. The certificate of
embalming establishment, cemetery, or crematory license number attendance shall contain:
on all advertisements. The license number shall be preceded with the A. The name of the provider and approval number;
TFSC License #. B. The name of the participant;
(g) No licensed entity shall directly advertise after November 15, C. The title of the course or program, including the course or
2011 on a web site, telephone directory, domain site, on a radio, on a program number;
television, e-mail directory, or newspaper with an establishment name D. The number of credit hours given;
without the establishment name and license number clearly listed. The E. The date and place the course was held;
license number shall be preceded with the TFSC License #. F. The signature of the provider or provider’s representative;
G. The signature of each attendee.
Rule 203.30 Continuing Education 2. The provider shall maintain the attendance records for a
(a) Purpose. Each person holding an active license and practicing as minimum of two years on each course provided.
a funeral director or embalmer in this state is required to participate 3. The provider shall provide a mechanism for evaluation of the
in continuing education as a condition of license renewal. program by the participants, to be completed on-site or at the
(b) Definitions. The following words and terms, when used in this time the program concludes. A copy of the evaluations and/or
section, shall have the following meanings, unless the context clearly attendance roster shall be submitted to the commission upon
indicates otherwise. request. Providers shall keep evaluations for two years after the
1. Approved provider–Any person or organization conducting course is presented.
or sponsoring a specific program of instruction that has been 4. The provider shall provide a syllabus of each course offered,
approved by the commission. which may include a copy of any video offered for home study.
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5. The provider shall be responsible for ensuring that no licensee set forth in this section. Any individual who returns to practice in
receives continuing education credit for time not actually spent this state shall, before the next license renewal period, meet the
attending the program. continuing education requirements before resuming any funeral
6. Commission staff may monitor any continuing education with or directing and/or embalming activities in the state.
without prior notice. 3. Persons in a “Retired, Inactive” status are exempt from the
(f) Credit hours required. continuing education requirements.
1. Licensed funeral directors and embalmers who actively practice 4. Persons in a “Retired, Active” status are required to obtain 10
in this state are required to obtain 16 hours of continuing hours of continuing education, including the mandatory hours
education every two year renewal period. A licensee may receive and subjects of subsection (f)(2) of this section.
credit for a course only once during a renewal period. 5. Persons converting from a “Retired, Inactive” status to a
2. The following are mandatory continuing education hours and “Retired, Active” status shall obtain the continuing education
subjects for each renewal period: hours required in paragraph (4) of this subsection.
A. Ethics–2 credit hours–this course must at least cover 6. Persons in an active military status are eligible for exemption from
principals of right and wrong, the philosophy of morals, and the continuing education requirements, upon request. A copy of the
standards of professional behavior. active duty orders must be included in the request. Upon release
B. Law Updates–2 credit hours–this course must at least cover from active duty and return to residency in the state, the individual
the most current versions of Texas Occupations Code Chapter shall meet the continuing education requirements before the next
651, and Chapters 201 and 203 of this title. renewal period after the release and return.
C. Vital Statistics Requirements and Regulations–2 credit 7. The executive director may authorize full or partial hardship
hours–this course must at least cover Health and Safety Code exemptions from the requirements of this section based on
Chapters 193, 711 - 715 and 25 TAC Chapter 181. personal or family circumstances and may require documentation
(g) Credit hour eligibility. The commission will grant the following of such circumstances.
credit hours toward the continuing education requirements for A. The hardship request must be submitted in writing at least 30
license renewal. days prior to the expiration of the license.
1. One credit hour is given for each hour of participation, except B. Hardship exemptions will not be granted for consecutive
in accredited college courses taken for school credit. Such licensing periods.
college courses will be evaluated by the executive director on (i) Failure to comply.
an individual basis for a certification fee set by the commission. 1. The commission will not renew the license of an individual who
College hour credit does not count toward the mandatory hours fails to obtain the continuing education requirements of this
and subjects described in subsection (f)(2) of this section. section, except as provided by paragraph (2) of this subsection.
2. A person is eligible for a maximum of 5 credit hours per renewal 2. A $300 noncompliance fee must be paid before a license is
period for provisional licensee supervision, regardless of the subject to renewal if the individual has not obtained the required
number of provisionals supervised. continuing education.
3. A presenter or instructor of approved continuing education is eligible A. The $300 noncompliance fee may only be used in lieu of
for a maximum of 5 credit hours per renewal period for instruction, obtaining the required continuing education for every other
regardless of the number of times the course is presented. biennial renewal period.
4. All required hours may be obtained through independent study, B. The noncompliance penalty fee and allowance for every other
including home study or Internet presentation with a maximum renewal period does not eliminate the necessity of obtaining
of 3 hours credit per course. continuing education hours in the mandatory courses listed in
5. A person is eligible for a maximum of 4 credit hours per renewal subsection (f)(2) of this section.
period for attendance at commission meetings, provided the C. The mandatory courses must be taken before the license
licensee signs in and out and is present during this period of time. expiration. If the mandatory courses do not total 16 hours, the
6. A licensee may carry over to the next renewal period up to 10 noncompliance fee of $300 is due upon application for renewal.
credit hours earned in excess of the continuing education renewal
RULE §203.31 Inspections of Licensed or Registered Facilities
requirements, except for those courses listed in subsection (f)(2)
(a) The Commission will inspect a facility licensed or registered by
of this section.
the commission if:
7. It is the responsibility of the licensee to track the number of
1. The facility was found to be deficient on a prior inspection;
hours accumulated during a licensing period.
failed to prove compliance following a deficient finding during a
8. When excessive hours are to be carried over to the next licensing
prior inspection; or failed to be open for a follow-up inspection
period, the licensee must request and obtain permission in
following a finding of a deficiency during a prior inspection;
writing to carry over continuing education hours. This request
2. The Commission receives a complaint regarding the
will be kept in the permanent licensing file of the individual.
establishment or facility; or
(h) Exemptions, waivers, reactivation, and conversion.
3. The Commission opens a complaint investigation in its own
1. An individual newly licensed by examination whose initial
name against the establishment or facility.
renewal date is 12 months or less following original licensure
(b) If an inspector in unable to contact the establishment or facility
is not required to obtain continuing education hours prior
owner, its funeral director in charge, manager of the property, or any
to renewal of the license. An individual newly licensed by
other employee or agent of the establishment or facility to provide
examination whose initial renewal date is more than twelve
notice of the attempted inspection before leaving the general area,
months following original licensure is required to complete the
the inspector shall notify the establishment or facility by mail of the
hours of the three mandatory courses described in subsection (f)
attempted inspection.
(2) of this section.
2. Individuals licensed in Texas, but not practicing in the state, are (c) If an establishment or facility is unavailable for inspection twice
required to obtain the 6 mandatory hours of continuing education during a six month period, the Commission may file a complaint
19
against the establishment or facility, making the establishment or 7. Evidence that the applicant has:
facility subject to an administrative penalty or other action. A. Maintained a record of steady employment;
B. Supported the applicant’s dependents;
Rule 203.32 State Agency Action as Basis for License Suspension,
C. Maintained a record of good conduct; and
Revocation or Denial
D. Paid all outstanding court costs, supervision fees, fines, and
(a) The purpose of this rule is to give force and effect to statutory
restitution ordered in any criminal case in which the applicant
actions by other state agencies regarding licensing of individuals
has been convicted.
who are in default of their obligations under state law.
(f) The following are related to the occupations of funeral directing
(b) Any licensed funeral director or embalmer shall be subject to or embalming because they are classified as Class B misdemeanors
license suspension, revocation, or denial of license renewal upon by Occupations Code, Section 651.602:
a verified showing by any state agency with statutory authority 1. Acting or holding oneself out as a funeral director, embalmer, or
that such licensee is delinquent or in default of an obligation to, a provisional license holder without being licensed under this chapter;
guarantee by, or an interest protected by the state. 2. Making a first call in a manner that violates Section 651.401;
3. Engaging in a funeral practice that violates chapter 651 or a rule
(c) Any licensee subject to action under this section shall be afforded
adopted under chapter 651; or
an opportunity for a hearing under this act in the same manner as
4. Violating Chapter 154, Finance Code, or a rule adopted under
other licensees subject to commission action unless such hearing has
that chapter, regardless of whether the Texas Department of
been provided under other applicable laws.
Banking or another governmental agency takes action relating to
Rule 203.33 Consequences of Criminal Conviction the violation.
(a) The commission may suspend or revoke a license, disqualify a (g) The commission of acts within the definition of Abuse of Corpse,
person from receiving a license, or deny to a person the opportunity Penal Code, Section 42.08, is related to the chapter 651 occupations
to take a licensing examination on the grounds that the person has because those acts indicate a lack of respect for the dead.
been convicted of a felony or misdemeanor that directly relates to the
(h) The crimes listed in (1)-(3) relate to the chapter 651 occupations
duties and responsibilities of an occupation required to be licensed
because the commission of each reflects a lack of respect for human
by Texas Occupations Code, chapter 651 (chapter 651).
life and dignity or a lack of fitness to practice the occupations.
(b) The commission shall revoke the license of a person who is 1. A misdemeanor or felony offense involving:
imprisoned following a felony conviction, felony community A. Murder;
supervision revocation, revocation of parole, or revocation of B. Assault;
mandatory supervision. C. Burglary;
D. Robbery;
(c) A person in prison is ineligible for licensure. E. Theft;
(d) The commission shall consider the following factors in F. Sexual assault;
determining whether a criminal conviction directly relates to an G. Injury to a child;
occupation required to be licensed by chapter 651: H. Injury to an elderly person;
1. The nature and seriousness of the crime; I. Child abuse or neglect;
2. The relationship of the crime to the purposes for requiring a J. Tampering with a governmental record;
license to engage in the occupation; K. Forgery;
3. The extent to which a license might offer an opportunity to L. Perjury;
engage in further criminal activity of the same type as that in M. Bribery;
which the person previously had been involved; and N. Harassment;
4. The relationship of the crime to the ability, capacity, or fitness O. Insurance claim fraud; or
required to perform the duties and discharge the responsibilities P. Mail fraud;
of the licensed occupation. 2. Delivery, possession, manufacture, or use of or the dispensing or
(e) If a person has been convicted of a crime, the commission shall prescribing a controlled substance, dangerous drug, or narcotic; or
consider the following in determining a person’s fitness to perform 3. Violations of the Penal Code, Titles 4, 5, 7, 9, and 10, which
the duties and discharge the responsibilities of a chapter 651 indicate an inability or tendency for the person to be unable to
occupation: perform as a licensee or to be unfit for licensure or registration
1. The extent and nature of the person’s past criminal activity; if action or inaction by the commission will protect the public
2. The age of the person when the crime was committed; health, safety, and welfare.
3. The amount of time that has elapsed since the person’s last (i) An applicant for licensure shall disclose in writing to the
criminal activity; commission any conviction against him or her at the time of
4. The conduct and work activity of the person before and after the application. A current licensee shall disclose in writing to the
criminal activity; commission any conviction at the time of renewal or no later than 30
5. Evidence of the person’s rehabilitation or rehabilitative effort days after judgment in the trial court, whichever date is earlier.
while incarcerated or after release; (j) Upon notification of a conviction, the commission shall provide a
6. Letters of recommendation from: copy of this section to the person and request that the person respond
A. Prosecutors and law enforcement and correctional officers by filing information demonstrating why the commission should not
who prosecuted, arrested, or had custodial responsibility for deny the application or take disciplinary action against the person,
the person; if already licensed or registered. The response must be filed with
B. The sheriff or chief of police in the community where the the commission within 21 days of the date of receipt of notice from
person resides; and the commission. An applicant for licensure is responsible for filing
C. Any other person in contact with the convicted person; and
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documentation that will allow the commission to conduct an analysis 6. Offers of employment as a funeral director and/or embalmer;
under subsection (e) of this section. 7. Involvement in public service activities in the community;
8. Compliance with the provisions of the Commission or Board
Rule 203.35 Clarification of Establishment Chapel Requirements
order revoking or canceling the petitioner’s license;
All funeral establishments must have a chapel in which funeral
9. Compliance with provisions of the Funeral Directing and/or
services may be conducted. All chapels shall provide, at a minimum:
Embalming Act regarding unauthorized practice;
1. Seating for ten;
10. History of acts or actions by any other state and federal
2. Public access;
regulatory agencies; and
3. Space for the casket; and
11. Any physical, chemical, emotional, or mental impairment.
4. A lectern or a podium.
(g) In considering a petition, the Commission or Board may also consider:
Chapter 203.36 Temporary Operation Authorization – Damaged 1. The gravity of the offense for which the petitioner’s license was
Establishments cancelled or revoked;
a) The commission may grant a temporary operation authorization 2. The length of time since the petitioner’s license was cancelled or
to a licensed funeral or crematory establishment to operate at a revoked as a factor in determining whether the time period has
temporary location if the establishment is damaged by fire, flood, or been sufficient for the petitioner to have rehabilitated himself to
other natural disaster. be able to practice funeral directing or embalming in a manner
consistent with the public health, safety and welfare;
(b) The temporary location must meet all the requirements for
3. Whether the license was submitted voluntarily for cancellation or
funeral and crematory establishments under Texas Occupations
revocation at the request of the licensee; and
Code, Chapter 651 and these rules.
4. Other rehabilitative actions taken by the petitioner.
(c) The application for a temporary operation authorization shall be A. If the Commission or Board grants the petition for
in writing, shall detail the circumstances which prevent the conduct reinstatement, the petitioner must successfully complete
of business at the licensed location, and shall provide an estimated the Texas State Mortuary Law Exam during the regularly
date by which the licensed location will be made ready for operation. scheduled examination times. The Commission or Board
may also require the petitioner to complete additional testing
(d) All crematory services shall be performed by a person certified to and training to assure the petitioner’s competency to practice
operate the cremation chamber whose name is on file with the commission funeral directing and/or embalming.
as required by Texas Occupations Code. §651.657 and §205.3(a) of this
title (relating to Crematory License Requirement and Procedure). Rule 203.39 Embalmer in Charge
(a) Each licensed commercial embalming establishment must at
Rule 203.38 Reinstatement of Funeral Director and/or all times have a designated embalmer in charge, who is ultimately
Embalmer Licenses responsible for compliance with all mortuary, health, and vital
(a) A person whose license to practice funeral directing and/or statistics laws in the commercial embalming establishment. A
embalming has been cancelled or revoked may, after five (5) years commercial embalming establishment must designate an embalmer
from the effective date of such cancellation or revocation, petition in charge at the time it receives its establishment license, and any
the Board for reinstatement of the license, unless another time is time the embalmer in charge changes, the commercial embalming
provided in the cancellation or revocation order. This rule does not establishment must notify the commission, on a form prescribed by
apply to licensees who let their licenses lapse for non-payment of the commission, within 15 days.
renewal fees.
(b) The embalmer in charge must be generally available in the
(b) The petition shall be in writing and in the form prescribed by the routine functions of the commercial embalming establishment in
Commission or Board. order to personally carry out his or her responsibilities.
(c) The Commission or Board may grant or deny the petition. If the (c) The embalmer in charge may be served with administrative
petition is denied by the Commission or Board, a subsequent petition process when violations are alleged to have been committed in a
may not be considered by the Commission or Board until twelve (12) commercial embalming establishment.
months have lapsed from the date of denial of the previous petition.
(d) An individual may not be designated as the embalmer in charge
(d) The petitioner or his legal representative shall appear before the of more than one establishment unless the additional establishments
Commission or Board to present the request for reinstatement of are operated as branches or satellites of a primary establishment, all
the license. of the establishments are under the same ownership, same general
(e) The petitioner shall have the burden of showing good cause why management, and no establishment is more than 60 miles from any
the license should be reinstated. other establishment held under the same ownership conditions.
(f) In considering a petition for reinstatement, the Commission or (e) In order to be designated embalmer in charge of more than one
Board may consider the petitioner’s: establishment, the licensee must submit a petition to the commission
1. Moral character; that clearly explains how each of the criteria in subsection (d) of this
2. Employment history; section have been met. The executive director shall decide whether
3. Status of financial support to his family; to grant the petition. The request and decision will be made part of
4. Participation in continuing education programs or other the permanent licensing file. The executive director’s decision may
methods of staying current with the practice of funeral directing be appealed, in writing, to the commission, and the appeal will be
and/or embalming; considered at the commission’s next regularly scheduled meeting.
5. Criminal history record, including felonies or misdemeanors The executive director shall advise interested parties of the action
relating to the practice of funeral directing, embalming and/or taken by the commission in writing.
moral turpitude;
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(f) If the commercial embalming establishment employs a (d) The commission shall investigate a request submitted under
provisional licensee it is the responsibility of the designated this section and the requestor’s eligibility that the authority has to
embalmer in charge and the provisional licensee to schedule investigate a person applying for a license.
case work sufficient for the provisional program. It is also the
(e) The commission must provide notice under subsection (a) of this
responsibility of the designated embalmer in charge to ensure that
section or issue a letter under subsection (b) of this section not later
each provisional licensee is properly supervised while performing
than the 90th day after the date of receipt of the request.
cases. The provisional licensee must file a report with embalmer
in charge outlining the number of cases performed during the (f) If the commission determines that a ground for ineligibility does
month and the name of the embalmer under whom the cases were not exist, the commission shall notify the requestor in writing of the
supervised. The embalmer in charge shall retain copies of all reports commission’s determination on each ground of potential ineligibility.
with supporting documentation for all case credit claimed for 2 years
(g) If the commission determines that the requestor is ineligible for
from the completion date of the provisional program.
a license, the licensing authority shall issue a letter setting out each
(g) The embalmer in charge of the facility where the provisional basis for potential ineligibility and the commission’s determination
licensee is employed shall notify the commission in writing upon as to eligibility. In the absence of new evidence known to but
the completion of the provisional license program, as defined as not disclosed by the requestor or not reasonably available to the
the provisional licensee meeting all the requirements for regular commission at the time the letter is issued, the commission ruling on
licensure, by submitting the number of cases performed while the the request determines the requestor’s eligibility with respect to the
licensee was under the employment of said embalmer. grounds for potential ineligibility set out in the letter.
Rule 203.41 In-Casket Identification (h) The commission may charge a person requesting an evaluation
Each funeral home shall ensure each casket contains a durable, under this section a fee adopted by the authority. Fees adopted by a
waterproof identification of the deceased person, including the licensing authority under this section must be in an amount sufficient
person’s name, date of birth, and date of death. This information to cover the cost of administering this section.
shall be inside the casket.
(i) The commission may charge a licensee requesting an evaluation
The following identification method examples are considered to under this section a fee adopted by the authority. Fees adopted by a
be durable and waterproof and comply with this rule: licensing authority under this section must be in an amount sufficient
1. Metal identification tag to cover the cost of administering this section.
2. Vinyl hospital band
(j) Certain Grounds for Denial or Revocation of a License. The
3. Vinyl tag with identification written in permanent marker
commission may suspend or revoke a license, disqualify a person
4. Teslin™ or teslin-like material waterproof cards with
from receiving a license, or deny to a person the opportunity to
identification written in permanent marker
take a licensing examination on the grounds that the person has
5. A card with identification written in permanent marker that is
been convicted of an offense that directly relates to the duties and
laminated on both sides and sealed;
responsibilities of the licensed occupation.
6. A card or paper with identification written in permanent marker
that is sealed within a zip lock plastic bag (k) An offense that does not directly relate to the duties and
7. Tyvek™ or other durable spun bonded olefin material cards with responsibilities of the licensed occupation and that was committed
identification written in permanent marker; and less than five years before the date the person applies for the license.
8. Paper with identification written in permanent marker placed
inside the casket memorial record tube or capsule located on the (l) An offense listed in §3g, Article 42.12, Code of Criminal
outside of the casket Procedure; or a sexually violent offense, as defined by Article
62.001, Code of Criminal Procedure.
Funeral homes are exempt from subsection (a) of Rule 203.41 if
the deceased, family of the deceased, religious norms or cultural (m) The commission may issue a provisional license for a term of six
norms oppose such inclusion. A funeral home must keep a record months to an applicant who has been convicted of an offense.
of each instance of use of this exemption and on what grounds (n) The commission shall revoke a provisional license if the provisional
the exemption was applied. license holder commits a new offense; commits an act or omission that
Rule 203.42 New License Applications causes the person’s community supervision, mandatory supervision, or
(a) Applications for licensure must be submitted on forms developed parole to be revoked, if applicable; or violates the law or rules governing
by the commission. Applications shall be accompanied by applicable the practice of the occupation for which the provision license is issued.
licensing fees and annual registration fees. (o) The commission shall issue the license for which the applicant
(b) A licensee may request the commission to issue a criminal history originally applied to a provisional holder on the expiration of the
evaluation letter regarding the person’s eligibility for a license issued provisional license term if the provisional license holder does not
if the person is enrolled or planning to enroll in an educational engage in conduct described by subsection (n) of this section.
program that prepares a person for an initial license or is planning to (p) If the commission revokes a provisional license under
take an examination for an initial license. subsection (n) of this section, the provisional license holder is
(c) A licensee may request a criminal history evaluation letter if they disqualified from receiving the license for which the applicant
have reason to believe ineligible for a license due to a conviction originally applied.
or deferred adjudication for a felony or misdemeanor offense. The (q) A licensee who is on community supervision, mandatory supervision,
request must state the basis for the potential ineligibility. or parole and who is issued a provisional license under this section shall
provide to the commission the name and contact information of the
probation or parole department to which the person reports.
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(r) The commission shall notify the probation or parole department 6. A licensee shall not knowingly furnish inaccurate, deceitful, or
that a provisional license has been issued. The probation or parole misleading information to the Commission or a consumer while
department shall notify the commission if the person’s community performing as a licensee.
supervision, mandatory supervision, or parole supervision is revoked 7. A licensee shall not engage in any activity that constitutes dishonesty,
during the term of the provisional license. misrepresentation, or fraud while performing as a licensee.
8. A licensee shall not solicit business or offer inducement to secure
(s) An evaluation fee in the amount of $95 is due at the time of application.
or attempt to secure business except where authorized by law.
9. A licensee shall not violate any statute, ordinance, or regulation
Chapter 209 Ethical Standards
affecting the handling, custody, care or transportation of a decedent.
(a) Individuals licensed by the commission serve the consumer
during one of the most demanding periods that a consumer will Title 25 Health Services
experience. Many services provided require knowledge in the Part 1 Department of Health Services
mortuary arts and sciences which most bereaved families do not
Chapter 97 Communicable Diseases
have. Licensees should strive to attain the highest degree of ethical
Subchapter A - Control of Communicable Diseases
and professional conduct using honesty, candor and respect.
Rule 97.13 Death of a Person with Certain Communicable Diseases
(b) Applicability. These policies are intended to set forth ethical (a) If a physician has knowledge that a person had, at the time
precepts to which individuals licensed by the commission should of death, a communicable disease listed in subsection (c) of this
aspire to achieve. These standards are not intended to be used by section, then the hospital administrator, clinic administrator, nurse,
parties to litigation over whether or not they have been observed. State or the physician shall affix or cause to be affixed a tag on the body,
and federal law and rules dictate the minimum standards to which preferably the great toe.
each individual licensee must conform. These policies are adopted
(b) The tag shall be on card stock paper and shall be no smaller than
to set a higher goal and standard of ethics and professionalism which
five centimeters by ten centimeters. The tag shall include the words
individual licensees should strive to attain, because it is right and just.
“COMMUNICABLE DISEASE–BLOOD/BODY SUBSTANCE
(c) Competency. The licensee shall be knowledgeable of and PRECAUTIONS REQUIRED” in letters no smaller than six
adhere to the laws, the rules, applicable codes, and all procedures millimeters in height. The name of the deceased person shall be
established by the commission for licensees. It is the obligation written on the tag. The tag shall remain affixed to the body until the
of the licensee to exercise reasonable judgment and skill in the preparation of the body for burial has been completed.
performance of all duties and work performed as a licensee.
(c) Diseases that shall require tagging are acquired immune
(d) Integrity. deficiency syndrome (AIDS); anthrax; avian flu, brucellosis; cholera;
1. A licensee shall be honest and trustworthy in the performance Creutzfeldt-Jakob disease; Hantavirus pulmonary syndrome;
of all duties and work performed as a licensee and shall avoid hepatitis, viral; human immunodeficiency virus (HIV) infection;
misrepresentation and deceit in any fashion, whether by acts of plague; Q fever; rabies; relapsing fever; Rocky Mountain spotted
commission or omission. fever; severe acute respiratory syndrome (SARS); smallpox; syphilis;
2. A licensee shall refrain from engaging in acts or practices that tuberculosis; tularemia; and viral hemorrhagic fevers.
constitute threats, coercion, or extortion.
(d) All persons should routinely practice standard infection control
3. A licensee shall respect a consumer’s right of personal choice
procedures when performing postmortem care on a deceased person
and decisions with regard to making arrangements.
who is known or suspected of having a communicable disease listed
(e) Interest. The primary interest of the licensee is to ensure
in subsection (c) of this section.
compliance with the Act, the rules, and all applicable codes. The
licensee’s position, in this respect, should be clear to all parties Chapter 181 Vital Statistics
concerned while in the performance of all duties and work performed Subchapter A - Miscellaneous Provisions
as a licensee. Rule 181.2 Assuming Custody of Body
(a) The funeral director, or person acting as such, who assumes
(f) Specific Rules of Conduct.
custody of a dead body or fetus shall obtain an electronically filed
1. A licensee shall provide services to client families without
report of death through a Bureau of Vital Statistics system or complete
regard to religion, race, color, national origin, sex, sexual
a report of death before transporting the body. The report of death
orientation or disability.
shall within 24 hours be mailed or otherwise transmitted to the local
2. A licensee shall provide to consumers and prospective
registrar of the district in which the death occurred or in which the
consumers, where applicable, all statutorily required
body was found. A copy of the completed or electronically filed report
documentation, pricing information, and any other information
of death as prescribed by the Bureau of Vital Statistics shall serve as
concerning funerals, cremations, burials, pricing, merchandise,
authority to transport or bury the body or fetus within this state.
and services, including a consumer brochure and retail price list,
in a manner which is neither unfair nor deceptive. (b) If a dead body or fetus is to be removed from this state,
3. A licensee shall protect from disclosure confidential information transported by common carrier within this state, or cremated, the
pertaining to the deceased or the family of the deceased. funeral director, or person acting as such, shall obtain a burial-transit
4. A licensee shall account properly for and remit any monies, permit from the local registrar where the death certificate is or will
documents, or personal property that belongs to others that be filed, or from the state registrar electronically through a Bureau
comes into the licensees’ possession. of Vital Statistics electronic death registration system. The registrar
5. A licensee shall not participate, whether individually or in concert shall not issue a burial-transit permit until a certificate of death,
with others, in any plan, scheme, or arrangement attempting or completed in so far as possible, has been presented (See §181.6 of
having as its purpose the evasion of any provision of the laws, the this title [relating to Disinterment]).
rules, or the standards adopted by the commission.
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(c) The funeral director, or person acting as such, shall furnish the sexton (g) A disinterred body must be transported in a container which
or other person in charge of a cemetery with the information required. insures against the seepage of fluid or the escape of offensive
odors. When shipped by common carrier, a disinterred body must
Rule 181.3 Transportation of Dead Bodies
be enclosed in an airtight metal casket encased in a strong outside
(a) Bodies shipped by common carrier.
shipping case, or in a sound casket encased in an airtight metal or
1. Any body shipped by common carrier must be placed in either:
metal-lined shipping case. This requirement shall not apply if the
A. A sound casket enclosed in a strong outside shipping case; or
disinterred remains involve no soft parts.
B. A metal container specifically designed for this purpose.
2. If the body is not embalmed or is in a state of decomposition, it (h) The disinterment permit issued by the state registrar shall serve
may be shipped only after enclosure in an air-tight metal casket as the authority to disinter, transport by means other than a common
encased in a strong outside shipping case or in a sound casket carrier, and re-inter a body within this state. (See §181.2 of this title
encased in an air-tight metal or metal lined shipping case. (relating to Assuming Custody of Body).
3. Shipping containers and requirements for the shipping of dead
(i) A body kept in a receiving vault shall not be regarded as a
bodies must meet or exceed any requirement imposed by the
disinterred body until after the expiration of 30 days.
shipping company, the receiving state or foreign country.
4. When any body is to be transported by common carrier, the burial- (j) All disinterred remains kept in receiving vaults shall be thoroughly
transit permit shall be enclosed in a strong envelope and attached embalmed in a manner approved by the Texas Funeral Service
to the shipping case. No separate transit permit shall be required. Commission and shall be enclosed in a permanently sealed casket.
(b) Bodies transported by means other than common carrier.
(k) The licensed funeral director or embalmer requesting a
1. Any body transported by means other than a common carrier
disinterment permit shall be responsible for obtaining a written consent
must be encased in a container which insures against seepage of
of the cemetery, the owner of the plot, and the decedent’s next-of-kin.
fluid and the escape of offensive odors, provided, however, that
bodies transported by a licensed funeral director in a vehicle used (l) The licensed funeral director or embalmer requesting a disinterment
for such purpose need not be so encased. permit shall be responsible for obtaining a written consent order from
2. If a dead body is to be transported by means other than a common the county judge to disinter a body from a grave when the cemetery,
carrier and for a purpose other than preparation or storage, the plot owner, and the decedent’s next-of-kin are unknown.
report of death form shall be enclosed in a strong envelope and
attached to the container in which the body is enclosed. Rule 181.7 Fetal Death (Stillbirth)
(c) Duties of transportation companies. No transportation company (a) A certificate of fetal death shall be filed for any fetus weighing
shall accept any body for shipment until it has been ascertained that a 350 grams or more, or if the weight is unknown, a fetus aged 20
properly completed burial-transit permit accompanies the body. weeks or more as calculated from the start date of the last normal
menstrual period to the date of delivery.
Rule 181.4 Preservation of Bodies
No human body may be held in any place or be in transit more than (b) A certificate of fetal death shall be considered properly filed:
24 hours after death and pending final disposition unless either 1. When all of the items thereon have been satisfactorily and
maintained at a temperature within the range of 34 degrees - 40 definitely answered; and
degrees Fahrenheit, or is embalmed by a licensed embalmer in a 2. When the certificate has been presented for filing to the local
manner approved by the Texas Funeral Service Commission, or by registrar of the registration district in which the fetal death
an embalmer licensed to practice in the state where death occurred or (stillbirth) occurred or the fetus was found. A certificate of fetal
is encased in a container which insures against seepage of fluid and death (stillbirth) shall be filed with the local registrar within five
the escape of offensive odors. days after the date of fetal death (stillbirth).
Rule 181.6 Disinterment
(a) Except as is authorized for a justice of the peace acting as coroner
or medical examiner under the Code of Criminal Procedure, Chapter
49, remains may not be removed from a cemetery except on written
order of the state registrar or the state registrar’s designee.
(b) The licensed funeral director to whom the disinterment permit is
issued shall be responsible for the proper conduct of the disinterment
and removal.
(c) The state registrar shall issue a disinterment permit so as to
provide a copy for the state registrar, a copy retained by the funeral
director to whom issued, a copy filed with the sexton or person in
charge of the cemetery in which the disinterment is to be made, and a
copy for the local registrar of the district in which the death occurred.
The state registrar and the local registrar shall amend the certificate
of death filed in their respective offices.
(d) A disinterment permit shall not be required if a body is to be
disinterred and reinterred in the same cemetery.
(e) A disinterment permit shall not be required to remove cremains.
(f) Cremation is considered to be a final disposition of remains.
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TExAs MoRTuARy LAw uPdATEs 9. In selling or offering to sell funeral goods or funeral services to
Final Examination the public, it is acceptable for a funeral provider, or a crematory, to
require that a casket be purchased for direct cremation.
Choose True or False for questions 1-10 and mark your answers on
the Final Examination Sheet found on Page 116 or take your test True False
online at www.elitecme.com.
1. Any person may file a complaint with the commission
concerning alleged violations of any statute over which the 10. The commission may, in its discretion, refuse to issue or renew
commission has regulatory authority as well as commission rules. a license or may fine, revoke, or suspend any license granted by
the commission, and may probate any license suspension if the
True False commission finds that the applicant or licensee has engaged in
unprofessional conduct as defined in Texas Administrative Codes.
2. Complaints are initially referred to an investigator who True False
will acknowledge receipt of the complaint in writing to the
complainant.
True False
3. The respondent is not entitled to have counsel present at informal
conferences.
True False
4. All licensed funeral establishments shall be inspected at least
once every ten years.
True False
5. Taking custody of a dead human body without the permission
of the person or the agent of the person authorized to make
funeral arrangements for the deceased, is punishable by fines
from $250 - $5,000.
True False
6. The Texas Funeral Service Commission is responsible for issuing
permits to sell prepaid funeral services or funeral merchandise
pursuant to Chapter 154, Texas Finance Code.
True False
7. 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.
True False
8. The funeral provider must offer the casket price list upon
beginning discussion of, but in any event before showing caskets.
True False
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