1. (a) Participants in the provisional licensure program may serve as provisional licensees only in funeral establishments or commercial embalming establishments licensed by the commission, and all work must be performed under the direct and personal supervision of a duly licensed funeral director or embalmer, depending on the provisional license. The provisional funeral director program may not be served in a commercial embalming establishment.
2. (b) Provisional licensees must work in a funeral establishment or commercial embalming establishment a minimum of 17 hours per week or 73 hours per month, or as otherwise permitted by the commission, under actual working conditions directly related to funeral directing and/or embalming.
3. (c) The provisional licensure period is a minimum of 12 and a maximum of 24 consecutive months, beginning on the date of the first case for which the licensee receives credit from with the commission. The provisional licensure programs for funeral director and embalmer may be served simultaneously.
4. (d) Provisional licenses issued after the effective date of this amendment expire on the last day of the month twelve months from their issue date. No fees shall be refunded to provisional licensees who fail to complete the program.
5. (e) Of the 60 cases required for each provisional licensure program, at least 10 must be complete cases and performed and reported during the last three months of the program. A complete funeral directing case consists of all major actions from the time of first call through interment or other disposition of the body; a complete embalming requires the provisional embalmer to handle all major actions included in §203.16 of this title (relating to Requirements Relating to Embalming) performed on a particular body. Cases performed in mortuary college may count toward the required cases if the college certifies to the commission that the cases were performed.
6. (f) Provisional licensees shall retain copies of all training reports with supporting documentation for all case credit claimed for 2 years from the date of the training report.
7. (g) A provisional embalmer shall assist in the embalming of six autopsied remains during the course of the provisional embalmer program. Autopsied cases completed while in an accredited mortuary college may count toward the six required autopsy cases if the college certifies to the commission that the cases were performed.
8. (h) Provisional licensees must file with the commission a training/case report for each month of the provisional license program by the 10th day of the next month as outlined in Texas Occupations Code, §651.304. Each report must consist of the actual training/case report only. All supporting documentation will be kept by the provisional licensee's sponsor, not the commission. Training/case report submission post marked after the 10th day of the month will not be accepted. The licensee will not be given credit for those training/case reports and those months will not count toward the 12 required months. An additional 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 additional 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, provisional licensees who fail to file a case report within 90 days after receiving the provisional license shall submit a new provisional license application and pay a new provisional license fee.
9. (i) It is the responsibility of the sponsor of the provisional, the funeral director in charge of the establishment, and the provisional licensee 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 commission may start a provisional licensure program over if the provisional licensee fails on two occasions to timely file a case report.
10. (j) Each training/case report shall be certified by the licensee under whom the provisional licensee performed the work. The supervising licensee and the provisional licensee both are subject to disciplinary action if the information submitted is not true and accurate.

11. (k) Examination Requirements

    1. (1) Applicants for licensure as a funeral director from the certificate program must sit for the Texas State Board Examination administered by the International Conference of Funeral Service Examining Boards, Inc. (International Conference).
    2. (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. (3) All applicants for licensure shall sit for the State Mortuary Law Examination administered by the commission.
    4. (4) A passing score is 75% for each examination described in paragraphs (1) - (3) of this subsection. Passing scores are not determined by averaging scores on two or more examinations.
12. (l) 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.
13. (m) A student enrolled in an accredited mortuary college must have the college forward a letter of enrollment prior to entering the provisional program.
14. (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 commission 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 provisional licensee in those areas observed.

15. (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 accredited school or college of mortuary science, the commission may, pursuant 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. (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. (2) the student transfers to an accredited school or college of mortuary science.

Source Note:The provisions of this §203.6 adopted to be effective December 1, 1993, 18 TexReg 8533; amended to be effective February 7, 1997, 22 TexReg 1102; amended to be effective June 25, 1997, 22 TexReg 5825; amended to be effective July 10, 2000, 25 TexReg 6505; amended to be effective December 23, 2001, 26 TexReg 10291; amended to be effective March 5, 2003, 28 TexReg 1889; amended to be effective February 29, 2004, 29 TexReg 1662; amended to be effective October 6, 2004, 29 TexReg 9365; amended to be effective June 8, 2005, 30 TexReg 3207; amended to be effective December 8, 2005, 30 TexReg 8095; amended to be effective January 3, 2007, 31TexReg10799; amended to be effective November 9, 2009, 34 TexReg 7808.