1. (a) The purpose of the Enforcement Division is to promote the welfare of the people of Texas by thoroughly, fairly, and impartially conducting investigations of alleged or suspended violations of laws or rules subject to the governance of the Texas Funeral Service Commission (TFSC) and by conducting timely, fair, and comprehensive inspections.
2. (b) The goal of the Inspector is to conduct timely and comprehensive inspections by accurately inspecting and recording all relevant details subject to inspection per statute and rules and by reporting to the Chief of Enforcement any establishment or facility licensed or registered by the commission for failing to prove compliance within 15 days of an inspection.
3. (c) The criteria for Risk Based Inspections includes but is not limited to establishments with history of inspection violations, establishments failing to prove compliance to statute or rules within a time required by the Commission, and establishments which are the subject of consumer complaints.

4. (d) Inspectors should note every deficiency found during an inspection--included but not limited to the following guideline:

   1. (1) Approved version of Authorization to Embalm
   2. (2) Most current version of Facts about Funerals
   3. (3) Insure funeral purchase agreements reflect the correct name and address and telephone number of the Commission and explain to consumers that a complaint may be filed with the Commission
   4. (4) All files audited in order and contain proper paperwork, signed by licensed personnel
   5. (5) establishment continuing to meet community standards for cleanliness and suitability
   6. (6) Former deficiencies noted during past year corrected
   7. (7) Information on how to file a complaint with the Commission and licenses for both establishment and personnel conspicuously and prominently displayed
   8. (8) Display rooms contain mandated merchandise, similarly displayed
   9. (9) establishment can verify access to moving stock
   10. (10) Establishment has appointed Funeral Director in Charge who meets statutory requirements for position
   11. (11) Establishment name is the same as the name printed on the license, physical address is the same as that recorded in the Commission database
   12. (12) Violations of Chapter 193: Death certificates filed not later than 10 days after death, burial transit permits/cremation permits present in file for Direct Cremations
   13. (13) Preparation room meets established requirements of statute and rules.
5. (e) All deficiencies should be recorded on the inspection check list, discussed with the funeral director in charge, if possible. A copy of the inspection check list recorded in the risk based database, and a copy retained in the licensing file. Inspection check list deficiencies should be tracked or monitored to insure proof of compliance is provided by licensee time specified on check list. Any deficiency that is not corrected, or any licensee who fails to prove compliance should be noted in a report by the inspector and forwarded for follow up by an investigator.

6. (f) The Resolution for deficiencies found during the Inspection Process

   1. (1) Establishments inspected once every Biennial period to insure continued compliance with Texas Occupations Code, Chapter 651 and Title 22 Part 10 Texas Administrative Code
   2. (2) Establishments on Inspectors Deficiency Report for risk based inspections are inspected annually until the Commission determines that the establishment is free of violations
   3. (3) Establishments given 15 days to provide proof of compliance following a noted deficiency or request in writing an extension in time accompanied by a plan for achieving compliance in all areas
   4. (4) Establishments with noted deficiency or consumer complaints revisited at least once a year to track compliance
   5. (5) Establishments failing to comply after finding of deficiency after 15 days are referred to Investigations
   6. (6) Complaint case file opened and establishment is notified of complaint
   7. (7) Complaint resolution process followed
7. (g) All deficiencies should be recorded on the inspection checklist, discussed with the funeral director in charge, if possible, and left with an establishment representative. The information from the inspection checklist recorded in the risk based database, and a copy retained in the licensing file.
8. (h) Inspection check list deficiencies should be tracked or monitored to insure proof of compliance is provided by licensee within specified on check list. Any deficiency that is not corrected, or any licensee who fails to prove compliance should be noted in a report by the inspector with sufficient detail to enable the investigation of the deficiency and the licensee to prepare a defense and forward to Investigations for follow up by an investigator.
9. (i) The inspector should also pass on the information regarding the uncorrected deficiency or failure to prove compliance to the licensing technicians and the Executive Director.

Source Note:The provisions of this §201.2 adopted to be effective February 18, 2002, 27 TexReg 1163.