1. (a) The commission will approve only those preparation rooms which meet the requirements of Chapter 651, Texas Occupations Code, and the following minimum standards listed in paragraphs (1) - (12) of this subsection prescribed by the commission:

   1. (1) must be of sufficient size and dimensions to accommodate an operating table, a sink with water connections, and an instrument table, cabinet, or shelves:

      1. (A) the operating table must have a rust proof metal or porcelain top, with edges raised at least 3/4 inch around the entire table and a drain opening at the lower end;
      2. (B) the sink must have hot and cold running water and drain freely;
      3. (C) the faucet must be equipped with an aspirator;
   2. (2) must contain an injection/embalming machine and sufficient supplies and equipment for normal operations;
   3. (3) must be clean, sanitary, and not used for other purposes;
   4. (4) must not have defective construction which permits the entrance of rodents;
   5. (5) must not have evidence of infestation of insects or rodents;
   6. (6) must be private and have no general passageway through it;
   7. (7) must be properly ventilated with an exhaust fan that provides at least five room air exchanges per hour;
   8. (8) must not have unenclosed or public restroom facilities located within the room;
   9. (9) must have walls which run from floor to ceiling and be covered with tile, or by plaster or sheetrock painted with washable paint;
   10. (10) must have floors of concrete with a glazed surface, or tiled in order to provide the greatest sanitary condition possible;
   11. (11) must have doors, windows, and walls constructed to prevent odors from entering any other part of the building;
   12. (12) must have all windows and openings to the outside screened.

2. (b) The majority owner or designated agent of record of a funeral establishment may submit a written petition to the commission requesting an exemption to subsection (a) of this section. Each petition shall clearly state:

   1. (1) each location's name and address;
   2. (2) that the exempt establishment is located within 50 miles of the facility at which embalming services are to be performed;
   3. (3) that no embalming services will be performed at the exempt funeral establishment location.
3. (c) Upon receipt of the petition and the determination by the executive director that the criteria listed in subsection (b) of this section have been met, the executive director will forward the petition to the Commissioners for consideration of the application for exemption.

Source Note:The provisions of this §203.17 adopted to be effective February 27, 1996, 21 TexReg 1271; amended to be effective February 7, 1997, 22 TexReg 1102; amended to be effective March 16, 1999, 24 TexReg 1775; amended to be effective February 18, 2002, 27 TexReg 1165.