Texas Register, Volume 34, Number 45, Pages 7717-7924, November 06, 2009 Page: 7,810
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The licensee will not be given credit for those training/case reports and
those months will not count toward the 12 required months. An addi-
tional month will be added to the provisional program for every month
the training/case report is late. In any month in which the provisional
licensee does not perform a case, the provisional licensee must file a
"notwithstanding" report with the commission, and that month will not
count toward the 12 required months. Additionally, if a licensee fails to
file a report for a month that is counted as a "notwithstanding" and addi-
tional month will be added to the provisional program for every month
the licensee files a "notwithstanding". If a provisional licensee files
"notwithstanding" reports for two consecutive months, the licensee is
required to restart the provisional licensee program. Similarly, provi-
sional licensees who fail to file a case report within 90 days after re-
ceiving the provisional license shall submit a new provisional license
application and pay a new provisional license fee.
(i) It is the responsibility of the sponsor of the provisional, the
funeral director in charge of the establishment, and the provisional li-
censee to schedule case work sufficient for reporting in the provisional
program. Penalties for failure to file case reports in a timely manner
may lie against the sponsor of the provisional licensee. The commis-
sion may start a provisional licensure program over if the provisional
licensee fails on two occasions to timely file a case report.
(j) Each training/case report shall be certified by the licensee
under whom the provisional licensee performed the work. The super-
vising licensee and the provisional licensee both are subject to disci-
plinary action if the information submitted is not true and accurate.
(k) Examination Requirements
(1) Applicants for licensure as a funeral director from the
certificate program must sit for the Texas State Board Examination ad-
ministered by the International Conference of Funeral Service Exam-
ining Boards, Inc. (International Conference).
(2) Applicants for licensure who hold associate of applied
science degrees are required to sit, as applicable, for either or both of
the National Board Examinations in Funeral Directing and Embalming
administered by the International Conference.
(3) All applicants for licensure shall sit for the State Mor-
tuary Law Examination administered by the commission.
(4) A passing score is 75% for each examination described
in paragraphs (1) - (3) of this subsection. Passing scores are not deter-
mined by averaging scores on two or more examinations.
(1) If a provisional licensee leaves the employment of a funeral
director or embalmer, the funeral director or embalmer must file an
affidavit as described in Texas Occupations Code, 651.304(d) within
fifteen (15) days of employment termination.
(m) A student enrolled in an accredited mortuary college must
have the college forward a letter of enrollment prior to entering the
(n) Upon the completion of the provisional license program,
as defined as the provisional licensee meeting all the requirements for
regular licensure, the sponsor of the provisional licensee shall notify in
writing of the same by submitting the number of cases performed while
the licensee was under the sponsorship of said sponsor. The commis-
sion shall cross check the information provided with the information
held by the commission to ensure each provisional licensee has met
all requirements. All information submitted is subject to inspection.
Once confirmed the commission shall issue to the provisional licensee
a written sponsor affidavit to be completed by the sponsor. In addition
the commission shall issue a written letter outlining the fees required
for regular licensure. The sponsor shall execute and provide to the
commission the written affidavit attesting to the proficiency of the pro-
visional licensee in those areas observed.
(o) While, pursuant to 651.253, Texas Occupations Code, a
person is not eligible for a funeral director's or embalmer's license from
the commission unless the person shall have graduated from an accred-
ited school or college of mortuary science, the commission may, pur-
suant to 651.302, Texas Occupations Code, issue a provisional license
to practice funeral directing or embalming to a person who is enrolled
in a school or college of mortuary science that has lost its accreditation
if the school or college or mortuary science was accredited at the time
the student enrolled. The commission will not issue such a provisional
license to practice funeral directing or embalming unless:
(1) the person signs an acknowledgement that the person
understands that the person is not eligible for a funeral director's or
embalmer's license unless the school or college of mortuary science
regains its accreditation during the maximum 24 consecutive months
provided by subsection (c) of this section; or
(2) the student transfers to an accredited school or college
of mortuary science.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
Filed with the Office of the Secretary of State on October 20,
O. C. "Chet" Robbins
Texas Funeral Service Commission
Effective date: November 9, 2009
Proposal publication date: August 14, 2009
For further information, please call: (512) 936-2466
PART 11. TEXAS BOARD OF NURSING
CHAPTER 211. GENERAL PROVISIONS
22 TAC 211.7
INTRODUCTION. The Texas Board of Nursing (Board) adopts
amendments to 211.7, concerning Executive Director. The
amendments are adopted without changes to the proposed
text as published in the September 4, 2009, issue of the Texas
Register (34 TexReg 6075) and will not be republished.
REASONED JUSTIFICATION. The amendments to 211.7 are
adopted under the Occupations Code 301.453(a), 301.4531,
301.501, 301.502, 301.651 - 301.657, and 301.151 and are nec-
essary for consistency with adopted 213.32 of this title (relating
to Corrective Action Proceedings and Schedule of Administrative
Fines). The Board is simultaneously adopting amendments and
new paragraphs to 213.32 of this title, which are necessary to:
(i) implement Senate Bill (SB) 1415, enacted by the 81st Leg-
islature, Regular Session, effective September 1, 2009; which
adds new Subchapter N to the Occupations Code Chapter 301;
(ii) revise and clarify the amount of administrative fines that may
be imposed upon an individual in a disciplinary action; and (iii)
clarify that the Executive Director of the Board is authorized to
dispose of certain violations of Chapter 301 and Board policy and
rule without the ratification of the Board. These adopted amend-
34 TexReg 7810 November 6, 2009 Texas Register
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Texas. Secretary of State. Texas Register, Volume 34, Number 45, Pages 7717-7924, November 06, 2009, periodical, November 6, 2009; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth90877/m1/91/: accessed January 22, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.