22 TAC §§203.4, 203.6, 203.15, 203.17, 203.30, 203.32
The Texas Funeral Service Commission adopts amendments to
§203.4 regarding the Transfer of Licenses Prohibited, §203.6 concerning
Provisional Licensees, §203.15 concerning Requirements for Reciprocal
Licenses, §203.17 concerning Clarification of Other Facilities Necessary
in a Preparation Room, §203.30 concerning Continuing Education as a
Condition for License Renewal, and the adoption of new §203.32, concerning
State Agency Action as Basis for License Suspension, Revocation, or Denial,
without changes to the proposed text as published in the December 6, 1996,
issue of the
Texas Register
(21 TexReg 11702)
The amendments are being adopted to allow more time and clarify the requirements
for reporting a change in funeral establishment ownership, allow provisional
license fees to be prorated and increase the educational requirements for
becoming a licensed embalmer in Texas, expand the eligibility of reciprocal
licensing of out of state individuals, enlarge the number of facilities eligible
and the equipment required regarding preparation rooms, and increase the
continuing education requirements of licensees by two hours each for the
next four license periods. The new section is being adopted to implement
statutory actions by other state agencies regarding individuals licensed
by the commission who are in default of their obligations under state law.
Comments were received from Gerald L. Miller and Percy Parsons. All comments
submitted, including those not specifically referenced herein, were fully
considered by the commission.
One comment opposing the gradual increase in the number of continuing education
hours required beyond ten hours was received. This commentator also suggested
that the type of continuing education courses offered should focus more on
the laws and rules of the commission. The commission found that continuing
education requirements of licensed individuals should be gradually increased
2 hours per year to a minimum of 16 hours to enhance the professional skills
of licensees. The current rules address the general nature of the type of
courses that may be offered.
Another comment suggested that an additional rule defining the term "embalming"
may be necessary to clarify rule 203.17(b)(3). The Commission found that
such a definition may be helpful and future rule revisions may include such
a rule. Presently, the term "embalmer" is defined and minimum standards for
embalming are contained in the rules.
The amendments and new rule are adopted pursuant to Texas Civil
Statutes, Article 4582b, §5, which authorizes the Texas Funeral Service
Commission to adopt rules to administer the statute.
The adopted amendments and new rule affect Texas Civil Statutes, Article
4582b.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 17, 1997.
TRD-9700766
Marc Allen Connelly
General Counsel
Texas Funeral Service Commission
Effective date: February 7, 1997
Proposal publication date: December 6, 1996
For further information, please call: (512) 479-7222.