Chapter 1: 2018 Texas Mortuary Law Update 2 CE Hours By: Staff Writer Learning objectives After completing this course, the participant will be able to: Review any new legislative changes including amendments and Describe the primary responsibilities of the Texas Funeral Service additions to the Texas Administrative Code that went into effect in Commission. 2017. Explain the requirements needed to renew a license, i.e., Summarize the process of an investigation and investigative report continuing education, fees, criminal convictions, etc. when a violation has occurred. Discuss inspection procedures and regulations. Introduction Over 180,000 Texas residents will die each year and require the death Texas Occupations Code, Chapter 651, and must consistently show an care industry’s services. Due to the aging “Baby Boomer” population, interest in supporting consumer protection. Members serve six year there will be a definitive need in upcoming years for more funeral terms. professionals to assist families in need. To protect Texans from The TFSC operates with three (3) functional divisions: unscrupulous, deceptive practices by funeral service professionals, the ● Administration; State continues to update legislation to reflect the current situations ● Licensing; and and ethical practices. ● Compliance. The Texas Funeral Service Commission (TFSC) is the state agency Authorizing statutes for the TFSC are located within the Texas authorized by state law to regulate the death care industry in Texas. Occupations Code, Subtitle L, Chapter 651, Cemetery and Crematory According to the Texas Funeral Service Commission 2017-2021 Services, Funeral Directing, and Embalming, and is known as Strategic Plan, the duty of this entity is to the public and “strives “Mortuary Law.” to be responsible, ethical, and open in its actions.” To ensure that the funeral professionals within the State of Texas are served by Additionally, the laws governing the death care industry are found in: qualified individuals, the TFSC has initiated Operational Goals. These ● Texas Health and Safety Code Chapter 716; and Operational Goals include (Agency Strategic Plan: 2017-2021, 2016): ● Texas Administrative Code (TAC) Title 22, Part 10. ● Managing a program of examination and licensure that ensures This program primarily focuses on the Chapter 651 of the Texas the development of competent funeral professionals with high Occupations Code and Title 22, Part 10 of the Texas Administrative standards of ethical conduct to maintain competent licensees; Code, as Texas Funeral Professionals are required to complete a course ● Enforce standards through providing enforcement and protecting in Texas Mortuary Law updates each year, prior to renewing their the public, aggressively and effectively. license. Rule §203.8(e)(2)(B) states that the continuing education Furthermore, the mission of TFSC is to “protect the public from credit hours provided must contain: deceptive practices in the funeral and death care industry through a “Ethics—two credit hours – this course must at least cover the process of impartial enforcement, inspection, licensing and education most current versions of Occupations Code Chapter 651, and the in order to guarantee every citizen’s final disposition is conducted Rules of the Commission.” professionally and ethically.” This program covers the most current versions of the Texas The TFSC is comprised of seven Commissioners appointed by the Occupations Code and the Texas Administrative Code. All of the Governor with the advice and consent of the Senate. Two (2) members information in this program was adapted from the TFSC under must be licensed as both an embalmer and a funeral director for at “governing laws.” least five (5) years preceding appointment, one member must be You may access this information at the Texas Funeral Service a registered cemetery owner or operator, and four members must Commission’s website: http://www.tfsc.state.tx.us/Laws.html. represent the public. The public members may not be regulated under 2017 amendments that affect the funeral industry There have been amendments adopted recently that affect the funeral by allowing a copy of the original license, rather than the original industry. license, to be maintained by funeral establishments under specific TFSC news and updates can be found on www.tfsc.texas.gov/news. circumstances. The amendments (f) and (g) read as follows: html. Chapter 203.24 was amended within Title 22 of the Texas (f) In the event the license holder who assists the public and/or Administrative Code and became final on July 13, 2017. This Chapter embalms a dead human body is not a regular full or part time pertained to the display of licenses in order to “ease the regulatory employee of the funeral establishment, the funeral establishment burden on licensees while maintaining protections for consumers to shall maintain a copy of the license holder’s original license for ensure they work only with licensed funeral directors and embalmers” inspection by a customer or a prospective customer. The copy Page 1 Funeral.EliteCME.com of the license holder’s original license shall be maintained for a The text of the Chapter has been updated and “establishment” period of two years after the temporary employment occurred. in many places has been changed to read “licensed entity,” and (g) If a regular full or part time employee is no longer employed by “cemeteries” have been added to the text of 203.26(1) to read: “All the funeral establishment, the funeral establishment shall maintain licensed funeral establishments, commercial embalming facilities, a copy of the license holder’s original license for a period of two crematories, and cemeteries shall be inspected at least once every two years after the employment ends. years. The Commission shall give lower priority to the inspection of Additionally, another amendment has been proposed to revise Texas cemeteries.” Furthermore, section (c) has been added, and now reads: Administrative Code 203.44 – Procedures and Criteria for Inspections “Notwithstanding section (a)(1), a cemetery may not be inspected of Licensed Establishments. According to TFSC: unless an interment has occurred in the cemetery within the two years “During a recent audit by the State Auditor’s Office, it was preceding the inspection or the Commission has received a complaint recommended the Commission develop a rule to outline about the cemetery.” procedures and criteria for inspecting licensed cemeteries. While Finally, there are some bills that have been introduced within this the Commission has an internal policy about the inspection of 85th Regular Session of the Legislature that may indirectly affect the cemeteries, this amendment creates those procedures and criteria funeral industry. The Executive Director of TFSC has provided a list of in the Commission’s rules. The proposal was approved by bills that were enacted and has posted them on an FYI basis: The list is Commissioners at the June 20, 2017 meeting and was published in not, and should not be considered, an exhaustive list. It may be found the Texas Registrar for a 30 day comment period.” at: http://tfsc.texas.gov/files/News/85R%20Bills.pdf Occupations Code; Title 3. Health Professions Subtitle L. Cemetery and Crematory Services, Funeral Directing, and Embalming Chapter 651. Sec. 651.001. Definitions. ceremony or for the care and preparation of a dead human body In this chapter: for burial, cremation, or other disposition. The term includes (1) Cemetery: A place that is used or intended to be used for embalming. interment, and includes a graveyard, burial park, or mausoleum. (11) Mortuary science: The scientific, professional, and practical (2) Commission: The Texas Funeral Service Commission. aspects, with consideration given to accepted practices, of the care, (3) Crematory: A structure containing a furnace used or intended to preparation for burial, or transportation of a dead human body. be used for the cremation of human remains. The term includes the preservation and sanitation of a dead human (4) Embalmer: A person licensed under this chapter who for body and restorative art. compensation, wholly or partly, disinfects or preserves a dead (12) Outer enclosure: An enclosure or container placed in a grave human body by: above or around the casket. The term includes a burial vault, grave (A) Using chemical substances, fluids, or gases, including by box, or grave liner. introducing those substances, fluids, or gases into the body by: (12-a) Perpetual care cemetery: A cemetery regulated under Chapter (i) Vascular or hypodermic injection; or 712, Health and Safety Code. 2 (ii) Direct application into the organs or cavities; or (13) Prospective customer: A consumer who enters a funeral (B) Another method intended to disinfect or preserve a dead establishment and inquires about a funeral service, cremation, or human body or to restore body tissues and structures. merchandise. (5) First call: The beginning of the relationship and duty of a funeral (14) Provisional license holder: A person who: director to take charge of a dead human body and have the body (A) Is engaged in learning the practice of funeral directing or prepared for burial or disposition by embalming, cremation, or embalming under the instruction, direction, and personal another method. The term does not include an ambulance call if supervision of a funeral director or embalmer; and the person dispatching the ambulance does not know whether a (B) Holds a provisional license