Current through Reg. 49, No. 38; September 20, 2024
(a) Each person
holding an active license and practicing as a funeral director or embalmer in
this state is required to participate in continuing education as a condition of
license renewal.
(b) The following
words and terms, when used in this section, shall have the following meanings,
unless the context clearly indicates otherwise.
(1) Approved provider--Any person or
organization conducting or sponsoring a specific program of instruction that
has been approved by the Commission.
(2) Approved program--A continuing education
program activity that has been approved by the Commission. The program shall
contribute to the advancement, extension, and enhancement of the professional
skills and knowledge of the licensee in the practice of funeral directing and
embalming by providing information relative to the funeral service industry and
be open to all licensees.
(3) Hour
of continuing education--A 50-minute clock hour completed by a licensee in
attendance at an approved continuing education program.
(c) Approval of continuing education
providers.
(1) A person or entity seeking
approval as a continuing education provider shall file a completed application
on a form provided by the Commission and include the continuing education
provider fee and the fee for each course submitted. Governmental agencies are
exempt from paying this fee.
(2)
National or state funeral industry professional organizations may apply for
approval of seminars or other courses of study given during a
convention.
(3) An application for
approval must be accompanied by a syllabus for each course to be offered which
specifies the course objectives, course content and teaching methods to be
used, and the number of credit hours each course is requesting to be granted,
and a resume and description of the instructor's qualifications.
(4) A provider is not approved until the
Commission accepts the application and issues a Provider Number for the
provider and a course number for each course offered under that Provider
Number. The Commission may refuse to approve a provider's application for any
valid reason, as determined by the Commission.
(5) A Provider Number and course number are
valid for one year, expiring on December 31st of each year, regardless of when
the number was granted.
(6) The
Commission may approve courses that have been approved by the Academy of
Professional Funeral Service Practice, Inc. (APFSP). A provider submitting such
a course may need to submit the materials required under subsection (c)(3) of
this section .
(d)
Responsibilities of approved providers.
(1)
The provider shall verify attendance at each program and provide a certificate
of attendance to each attendee. The certificate of attendance shall contain:
(A) the name of the provider and approval
number;
(B) the name of the
participant;
(C) the title of the
course or program, including both the Commission-issued course and program
number;
(D) the number of credit
hours given;
(E) the date and place
the course was held;
(F) the
signature of the provider or provider's representative;
(G) the signature of the attendee;
and
(H) if the course was in-person
or on-line.
(2) The
provider shall provide a mechanism for evaluation of the program by the
participants, to be completed at the time the program concludes.
(3) The provider shall maintain the
attendance records and evaluations for a minimum of two years after the course
is presented. A copy of the evaluations and/or attendance roster shall be
submitted to the Commission upon request.
(4) The provider shall be responsible for
ensuring that no licensee receives continuing education credit for time not
actually spent attending the program.
(5) The Commission may monitor any continuing
education course with or without prior notice.
(e) Credit hours required.
(1) Licensed funeral directors and embalmers
who actively practice in this state are required to obtain 16 hours of
continuing education every two-year renewal period. A licensee may receive
credit for a course only once during a renewal period.
(2) Persons in Retired or Disabled status are
exempt from continuing education.
(3) Persons in an active military status are
eligible for exemption from the continuing education requirements, upon
request. A copy of the active duty orders must be included in the request. Upon
release from active duty and return to residency in the state, the individual
shall meet the continuing education requirements before the next renewal period
after the release and return.
(f) The following are mandatory continuing
education hours and subjects for each renewal period:
(1) Ethics--two credit hours--this course
must at least cover of right and wrong, the philosophy of morals, and standards
of professional behavior.
(2) Law
Updates--two credit hours--this course must at least cover the most current
versions of Occupations Code Chapter 651, Health and Safety Code Chapter 716,
and the Rules of the Commission.
(3) Vital Statistics Requirements and
Regulations--two credit hours--this course must at least cover Health and
Safety Code Chapters 193, 711, and Tex. Admin. Code, Title 25, Chapter
181.
(g) The 16 hours of
continuing education hours may be taken through Internet/online
presentation.
(h) The Commission
will grant the following credit hours toward the continuing education
requirements for license renewal. The credit hours outlined in this section are
eligible to be counted toward the four hours of required in-person continuing
education.
(1) A person is eligible for a
maximum of eight credit hours per renewal period for provisional licensee
supervision, regardless of the number of provisional licensees
supervised.
(2) A presenter or
instructor of approved continuing education is eligible for a maximum of two
credit hours per renewal period per course for instruction, regardless of the
number of times the course is presented.
(3) A person is eligible for a maximum of
four credit hours per renewal period for attendance at Commission meetings,
provided the licensee signs in and is present during the entirety of the
meeting.
(i) Exemptions.
(1) An individual whose renewal date is 12
months or less following initial licensure is not required to obtain continuing
education hours prior to renewal of the license. An individual whose renewal
date is more than 12 months following first licensure is required to complete
the mandatory continuing education outlined in subsection (f) of this
section.
(2) The Executive Director
may authorize full or partial hardship exemptions from the requirements of this
section based on personal or family circumstances and may require documentation
of such circumstances.
(A) The hardship
request must be submitted in writing at least 30 days prior to the expiration
of the license.
(B) Hardship
exemptions will not be granted for consecutive licensing periods.
(j) The Commission will
not renew the license of an individual who fails to obtain the required 16
hours of continuing education.
(k)
Any licensee receiving or submitting for credit continuing education hours in a
fraudulent manner shall be required to obtain all continuing education on site
and not online for two consecutive renewal periods and shall be subject to any
applicable disciplinary action.