1. (a) If permission to embalm is oral, the funeral establishment must maintain for two years written documentation of the name of the person authorizing embalming, that person's relationship to the deceased, and the time permission was obtained.
2. (b) When oral or written permission to embalm cannot be obtained from the person authorized to make funeral arrangements, the funeral establishment must maintain for two years written documentation of the efforts taken over a period of at least three hours to obtain permission to embalm.
3. (c) In cases where a medical examiner or justice of the peace has given permission to a funeral establishment to take custody of a body, the receiving funeral establishment may not embalm the body until the person authorized to make funeral arrangements has given permission or until the medical examiner or justice of the peace has provided written documentation of the efforts taken over a period of at least three hours to contact the person authorized to make funeral arrangements. Nothing in this subsection shall be construed as allowing a funeral establishment to initiate contact with the person authorized to make funeral arrangements.

4. (d) One of these disclosure forms which is adopted by reference in this section, to be effective June 15, 1997, must be signed by family when written authorization is secured if embalming is performed. Forms may be obtained from the Texas Funeral Service Commission and may be reproduced by the licensed embalming facilities and funeral home.

   1. (1) Authorization to Embalm/Transport. "The undersigned authorizes and directs the funeral home, including apprentices or provisional licensees, under the direct supervision of a licensed embalmer, and the funeral home's employees, independent contractors, and agents to care for, embalm, and prepare the body of the decedent. The undersigned acknowledges that this authorization encompasses permission to embalm at the funeral home facility or at another facility equipped for embalming. This includes authorization to remove any medical device from the deceased and to dispose of such items at its discretion."
   2. (2) Authorization to Embalm/Transport With Mortuary Students. "The undersigned authorizes and directs the funeral home, including apprentices or mortuary students, under the direct supervision of a licensed embalmer, and the funeral home's employees, independent contractors, and agents to care for, embalm, and prepare the body of the decedent. The undersigned acknowledges that this authorization encompasses permission to embalm at the funeral home facility or at another facility equipped for embalming, including a school or college of mortuary science. This includes authorization to remove any medical device from the deceased and to dispose of such items at its discretion."

5. (e) The Texas Funeral Service Commission herein creates Form 9-1-97, Instructor's Embalming Affidavit which is adopted by reference in this section, to be effective June 15, 1997.

   1. (1) This form must be used in all cases where embalming instructions are given to a student or provisional licensee over a deceased body.
   2. (2) This form must be completed and sent to the Texas Funeral Service Commission within 30 days following the embalming procedure. All blank spaces must be completed with correct information. Should false or misleading information be submitted, an instructor may face penalty of $500 fine and automatic suspension for not less than six months of the individual embalmer's license.
   3. (3) Copy should be retained by the Instructor/Funeral Home/School for a minimum of five years.
   4. (4) Texas Funeral Service Commission shall randomly audit these authorizations.
   5. (5) A copy of this form may be obtained from the Texas Funeral Service Commission and may be reproduced by the licensed embalming facilities and funeral home.

Source Note:The provisions of this §203.22 adopted to be effective February 27, 1996, 21 TexReg 1271; amended to be effective June 25, 1997, 22 TexReg 5825.