instruction on provisional license program

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					   INSTRUCTIONS ON THE PROVISIONAL LICENSING
                   PROGRAM

General Information

Length of Provisional Licensing Program

The provisional licensing program must be served a minimum of 12 consecutive months or a
maximum of 24 months. Provisional licensees must work in a licensed funeral establishment or a
licensed commercial embalming establishment a minimum of 17 hours per week OR a 73 hours a
month. FAILURE TO COMPLETE ALL REQUIRMENTS OF THE PROVISIONAL
PROGRAM, INCLUDING THE EXAMINATION REQURIEMENTS, WITHIN 24
MONTHS FROM THE DATE OF ISSUE WILL RESULT IN CANCELLATION OF THE
PROVISIONAL LICENSE AND PROGRAM.

Number of Cases Required

Provisional licensees must report a minimum of 60 required cases for each provisional program.
If a licensee is provisional funeral director and a provisional embalmer then that licensee is
required to do 60 funeral directing cases and 60 embalming cases. During the last three months of
the provisional program 10 of the 60 cases must be complete cases. Additionally, each provisional
embalmer is required to complete 6 autopsy cases. Only two provisional licensees may receive
credit for work performed on any corpse.

Filing Case Reports

All training reports are due to the Commission (training reports only) and the primary
sponsor (training reports including supporting documentation) on the 10th day of the following
month. Training reports must be postmarked no later than the 10th day of the following month.
It is recommended that each training report be sent certified mail, return receipt requested so
that your reports can be tracked by the licensee online. Please mail training reports in 1
mailing. To expedite the process of your training reports, do not submit reports in separate
mailings. Do not combine months. Each month must be reported separately.

The Commission will start a provisional licensure program over if the provisional licensee fails to
file a training report in a timely manner twice during the provisional program in accordance with
T.A.C. 203.6.

Amendments to Provisional Licensing Program Application

Provisional licensees must immediately notify the Commission in writing of any changes in: (1)
employment; (2) personal address; (4) name; (3) supervisor; and/or (3) sponsor. If more than one
sponsor is listed a primary sponsor must be indicated. This is accomplished by submitting an
amendment to personal supervision, enclosed. A new employer for the provisional licensing must
provide written notification on the effective date of employment. The former employer must
provide within 15 days written notice on the length of employment for the provisional
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licensee, and information on the number of cases completed. Failure to do is a violation of
Texas Occupations Code 651.304.


Provisional Embalming Training Report

Up to 10 cases may be reported on each training report. That does not mean a licensee can only
perform 10 cases a month. If more room is needed use another blank training report. Do not try to
fit 20 cases in the ten spaces provided on each sheet.

In order to receive credit for a case, at least 6 activities with an asterisk listed in Section III
must be reported in Section IV. Provisional licensees must ensure that the supervisor and
provisional licensee sign all training reports where indicated. The training reports will be rejected
by the Commission and Sponsor if signatures are missing.

Required Documentation

The Instructor’s Embalming Affidavit must be signed by the supervisor within 30 days after the
embalming has been completed. For each case recorded on the Provisional Embalming Training
Report, the Instructor’s Embalming Affidavit and the correct Authorization to Embalm form
must be on file with the primary sponsor. Your sponsor must ensure that these forms are
submitted to the sponsor with the training report in order for you to secure complete credit. All
documents are subject to inspection by the Commission.

Please ensure that all the information is properly completed. Do not leave questions blank on the
Instructor’s Embalming Affidavit or the Authorization to Embalm. If questions are not applicable
enter “NA”.

Provisional Funeral Directing Case Report

Up to 10 cases may be reported on each training report. That does not mean a licensee can only
perform 10 cases a month. If more room is needed use another blank training report. Do not try to
fit 20 cases in the ten spaces provided on each sheet.

In order to receive credit for a case, at least 6 activities with an asterisk listed in Section III
must be reported in Section IV. Provisional licensees must ensure that the supervisor and
provisional licensee sign all training reports where indicated. The training reports will be rejected
by the Commission and Sponsor if signatures are missing.

Complete Cases

Of the 60 cases required per license, 10 of the cases must be complete cases and reported during
the last three consecutive months of the provisional program.

The standards required for a complete case for an embalmer are all the duties and activities
necessary for embalming. The standards required for a complete case for a funeral
director include all activities necessary from the time the body is obtained until final
disposition.

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Autopsied Cases

Provisional embalming licensees are required to assist in the embalming of six autopsied cases
during the provisional embalming program. Autopsied cases completed while in an accredited
mortuary college may count toward the six required autopsy cases if the college certifies to the
Commission that the cases were performed at the college.

Notwithstanding Report/Failure to Submit a Report

In any month in which the provisional licensee does not perform a case, he or she must file a
“notwithstanding” report with the Commission and the primary sponsor. Thus, credit will not be
recorded for the month that a notwithstanding report is filed. The Commission will start the
provisional licensing program over for submitting a notwithstanding report on a two
consecutive months cycle. Additionally, pursuant to T.A.C. 203.6 (h) a provisional licensee who
fails to file a case report within 90 days after receiving the provisional license shall submit a
new provisional license application and pay a new provisional application fee.

Provisional License Renewal

The provisional licensee must renew each provisional license on or before the expiration date each
year. This includes all newly licensed provisional licensees.

Role & Responsibility of the Sponsor

Each participant in the provisional licensure program shall have a sponsor who is licensed by the
Commission in the specific discipline of the provisional program served. The sponsor must have
been licensed in that discipline for at least two consecutive years prior to the date that he or she
becomes a sponsor. In cases where two or more sponsors are listed a primary sponsor must
be named to ensure all the documents pertaining to the provisional licensee and the
provisional program are kept in an orderly manner. All documents, applications, or
correspondence are subject to inspection by the Commission.

       In the event that the primary sponsor is unable to maintain the documents or
       perform the duties and responsibilities necessary to be a primary sponsor the
       provisional licensee must name a new primary sponsor immediately. All
       documents that have been submitted prior to naming a new primary sponsor
       shall be made available to the new primary sponsor upon designation as such.


No sponsor may sponsor more than two provisional licensees at one time.

A sponsor shall ensure that direct supervision is provided in order to firsthand and factual
documentation of work accomplished by the provisional licensee on each training report submitted.

The sponsor is ultimately responsible for providing a work environment and assigning duties
that are conductive to the provisional licensee’s acquiring proficiency in the skills required of
a funeral director and/or embalmer. The sponsor is also responsible for keeping a total of all
casework performed for any given month, checking for accuracy on documents submitted
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for credit and providing information to the licensee as to the number of cases for which they
have received credit.

When a provisional licensee has submitted all the required documentation to the sponsor,
completed the minimum 12 months, and completed the minimum 60 cases, the sponsor shall notify
the Commission attesting that the provisional licensee under his or her sponsorship has met all
requirements and are ready for full licensure. In addition, prior to the provisional licensee’s
receiving his/her regular license, the sponsor shall execute and provide to the Commission an
affidavit attesting to the proficiency of the provisional licensee in all required skills. Once the
Commission has verified all requirements have been met the provisional licensee will be notified
via mail by the Commission. Until all administrative paperwork is complete and all fees paid, a
provisional licensee will remain in a provisional status and must continue to be supervised.

In those cases where it is unlikely that a provisional licensee will be able to acquire sufficient cases
at one funeral establishment to complete the requirements of the program, the provisional licensee
may obtain additional sponsors, as long as each additional sponsor notifies the Commission in
writing of the sponsorship.

VIII.   Role & Responsibility of the Supervisor

The supervisor of a provisional licensee is responsible for the personal supervision of any
provisional license embalmer and/or funeral director. This includes the day to day operations of
any activities assigned to the provisional licensee. The Attorney General Letter of opinion 98-
042 specifically defines the term personal supervision as: “Personal supervision means that a
licensed funeral director or embalmer must be physically present at the specified place and
time of the provision of acts of funeral service.” By its terms, the statute requires the
supervising funeral director or embalmer’s physical presence at the particular place and
time of the act or work performed. This means that the licensed funeral director or
embalmer must be physically present in the room with the provisional licensee during the
course of and in view of the work performed.




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