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 as mandated by section 651.457 Texas Occupations Code to obtain permission to embalm.

   1. (1) In cases where a medical examiner of 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. Nothing in this subsection shall be construed as allowing a funeral establishment to initiate contact with the person authorized to make funeral arrangements.
   2. (2) Chapter 694 Health and Safety Code authorizes county officials to dispose of unclaimed bodies, and Chapter 691 Health and Safety Code authorizes the Anatomical Board to receive unclaimed bodies.
3. (c) The Authorization to Embalm Form 10.1.01b adopted by reference in this section, must be signed by a family member, preferably the next of kin, or the person authorized to make funeral arrangements when written authorization is secured if embalming is performed. The authorization to embalm form may not be altered, and must be used in its adopted form but may be reproduced by a licensed embalming establishment and/or a licensed funeral establishment. If a mortuary student is to assist the licensed embalmer, the authorization must be in writing pursuant to section 651.407 Texas Occupations Code and in the possession of the funeral establishment and/or embalmer at the time of the embalming.
4. (d) Nothing in this rule diminishes the requirement of the establishment to abide by the Federal Trade Commission funeral rule regarding embalming disclosures. In the event of a conflict between this rule and the Federal Trade Commission funeral rule, the Federal Trade Commission funeral rule prevails.
5. (e) The Texas Funeral Service Commission Form 9-1-97 Instructor's Embalming Affidavit shall be used in all cases where embalming is performed by a mortuary student or provisional licensee.
6. (f) In the case of provisional licensees, this form must be completed and sent to the 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 or supervisor or sponsor may face disciplinary action by the Commission.
7. (g) A copy of the Embalming Authorization and the Instructors Affidavit case report shall be retained by the Instructor of the school or college according to section 651.407 Texas Occupations Code. The funeral establishment or embalming establishment and provisional licensee shall retain the documents for a minimum of two years.
8. (h) The Commission shall randomly audit these authorizations.
9. (i) A copy of this form may be obtained from the Commission and may be reproduced by a licensed embalming establishment and/or a licensed funeral establishment.
10. (j) The embalming case report shall be completed and signed by the licensed embalmer performing the embalming procedure.

Source Note:The provisions of this §203.22 adopted to be effective February 18, 2002, 27 TexReg 1166; amended to be effective September 10, 2003, 28 TexReg 7705; amended to be effective October 6, 2004, 29 TexReg 9365.