1. (a) Each participant in the provisional licensure program shall have a sponsor who is licensed by the commission in the specific discipline of the provisional program served. The sponsor must have been licensed in that discipline for at least two consecutive years prior to the date that he or she becomes a sponsor.
2. (b) No sponsor may sponsor more than two provisional licensees at one time.
3. (c) A sponsor shall ensure that direct personal supervision of a provisional licensee is provided in order to provide firsthand and factual documentation of work accomplished by the provisional licensee on each training/case report submitted. The term personal supervision as used in Texas Occupations Code §§651.251, 651.301, 651.303, and 651.306 requires a licensed embalmer or funeral director to be physically present in the room with the provisional licensee and in view of the work performed during the course of the work performed by the provisional licensee.
4. (d) The sponsor is ultimately responsible for providing a work environment and assigning duties that are conducive to the provisional licensee's acquiring proficiency in the skills required of a funeral director and/or embalmer.
5. (e) The commission will not issue a funeral director's or embalmer's license to a provisional licensee until the sponsor executes and provides to the commission an affidavit attesting to the proficiency of the provisional licensee in the areas observed.
6. (f) In those cases where it is unlikely that a provisional licensee will be able to acquire sufficient cases at one funeral establishment to complete the requirements of the program, the provisional licensee may obtain additional sponsors, as long as each additional sponsor notifies the commission in writing of the sponsorship.
7. (g) Any time that a Provisional Licensee leaves the establishment listed as the licensee's place of employment, it is the responsibility of the Sponsor to notify the Commission within 15 days in writing that the provisional licensee is no longer under sponsorship or receiving personal supervision from the establishment's licensed personnel.
8. (h) All documents pertaining to case reports and funeral purchase agreements either submitted for credit by the provisional licensee or in which the provisional participated in any procedure must be retained for 2 years by the establishment and must be produced upon request by the Commission.
9. (i) Sponsors of each provisional licensee shall retain copies of all training reports with supporting documentation for all case credit claimed for two years from the date of the training report.
10. (j) Each sponsor shall be responsible for keeping a running total of all case work done on a monthly basis and make available to the Commission if an audit is requested. Additionally, each sponsor shall make available to the provisional licensee the total number of cases for which the provisional licensee has received credit and for each month individually. In each case where a provisional licensee has more than one sponsor, a primary "sponsor" shall be designated to keep all documentation and will be responsible for keeping track of the provisional licensee's provisional program.
11. (k) Each sponsor shall review any and all submitted training/case reports, check for accuracy in completion of the proper documentation, and verify that the provisional licensee actually worked on each case reported. Each sponsor shall keep a record of how many cases the provisional licensee did not get credit for due to incomplete reports, failure to submit reports by the 10th of the following month, or filing of a "notwithstanding".
12. (l) Once the provisional licensee has met all the requirements of the provisional program the sponsor shall notify the Commission in writing by submitting copies of training reports submitted for credit.
13. (m) When the provisional licensee lists two or more sponsors the sponsor(s) must designate a primary sponsor who will be responsible for keeping all documentation pertaining to the provisional program. To include all training reports submitted and supporting documentation, amendment forms, and any other documentation submitted to the agency.

Source Note:The provisions of this §203.27 adopted to be effective February 19, 2002, 27 TexReg 1167; amended to be effective September 19, 2002, 27 TexReg 8926; amended to be effective December 8, 2005, 30 TexReg 8095; amended to be effective January 3, 2007, 31 TexReg 10800.