1. (a) Purpose. In order to ensure that all licensees maintain and improve their professional skills, each person holding a license issued by the commission is required to participate in continuing education as a condition for renewal of any licenses.

2. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Approved provider--Any person or organization conducting or sponsoring a specific program of instruction that has been approved by the commission.
   2. (2) Approved program--A continuing education program activity that has received prior approval by the commission.
   3. (3) Hour of continuing education--A 50-minute clock hour completed by a licensee in attendance at an approved continuing education program.

3. (c) Types of acceptable continuing education. Continuing education undertaken by a licensee shall be acceptable to the commission as credit hours if the education falls in one or more of the following categories listed in paragraphs (1)-(4) of this subsection:

   1. (1) participating in institutes, seminars, workshops, conferences, independent study programs, college academic or continuing education courses which are related to or enhance the practice of funeral service and are offered or sponsored by an approved provider. Approved providers are:

      1. (A) accredited colleges and universities;
      2. (B) a national or statewide association, board, or organization representing members of the funeral service profession;
      3. (C) a person, agency, or entity who is approved as a provider in accordance with subsection (e) of this section;
      4. (D) a person, agency, or entity who is approved by a state professional licensing or certification board as a continuing education sponsor or provider as stated in subsection (f) of this section;
      5. (E) nationally accredited health or mental health facilities; and
      6. (F) American Board of Funeral Serv. Ed. accredited Texas mortuary colleges;
   2. (2) teaching or presenting the activities described in paragraph (1) of this subsection;
   3. (3) writing a published work or making a presentation directed toward or applicable to the profession of funeral service; or
   4. (4) providing professional guidance as a field instructor for students of mortuary science in connection with a college or university approved by the Texas Workforce Commission.

4. (d) Activities unacceptable as continuing education. The commission will not give credit hours for:

   1. (1) education incidental to the regular professional activities of a funeral service professional such as learning occurring from experience or research;
   2. (2) organizational activity such as serving on committees or councils or as an officer in a professional organization;
   3. (3) meetings such as in service programs which are required as a part of an individual's employment responsibilities unless the in service training is a type of acceptable continuing education under subsection (c) of this section;
   4. (4) college academic courses which are audited or not taken for credit; or
   5. (5) any experience which does not fit the types of acceptable continuing education in subsection (c) of this section.

5. (e) Approval of continuing education provider.

   1. (1) A provider is an individual or organization which has been approved under this section to offer or sponsor continuing education programs.
   2. (2) A person seeking approval as a continuing education provider shall file an application on commission forms and include the continuing education provider application fee. Governmental agencies shall be exempt from paying this fee.
   3. (3) A recognized national or state organization may apply for program approval of all continuing education courses offered in conjunction with national and state conventions by submitting all information required by this rule and a non-refundable per event fee.
   4. (4) If a home study event sponsored by a recognized national or state organization includes more than one home study course, the sponsor may apply for one event number to cover all courses. The application for program approval must include all information required by this rule and should be accompanied by a non-refundable event fee.

   5. (5) The applicant shall certify on the application that:

      1. (A) all programs offered by the provider for credit hours from the commission will comply with the criteria in this section; and
      2. (B) the provider will be responsible for verifying attendance at each program and provide a certificate of attendance as set forth in paragraph (10) of this subsection.

   6. (6) A program offered by a provider for continuing education credit hours (CE) from the commission shall:

      1. (A) contribute to the advancement, extension, and enhancement of the professional skills and knowledge of the licensee in the practice of funeral service;
      2. (B) be developed and presented by persons who are appropriately knowledgeable in the subject matter of the program and training techniques;
      3. (C) specify the course objectives, course content, and teaching methods to be used; and
      4. (D) specify the number of credit hours.
   7. (7) The provider must document each program's compliance with this subsection and maintain that documentation for a period of three years.
   8. (8) The executive director will review the continuing education provider application and either notify the applicant of any deficiencies or grant approval and indicate the continuing education provider approval number to be noted on all certificates of attendance.
   9. (9) Each continuing education program shall provide a mechanism for evaluation of the program by the participants. The evaluation may be completed on-site immediately following the program presentation. The provider and the instructor, together, shall review the evaluation outcomes and revise subsequent programs accordingly. The provider shall keep all evaluations for three years and allow the commission to review the evaluations on request.
   10. (10) An approved provider may subcontract with individuals or organizations to provide continuing education programs. The provider must ensure that the subcontractor meets all requirements of this section.
   11. (11) To maintain approval as a provider, each provider shall submit to the commission annually an application and a continuing education approval application fee.

   12. (12) It shall be the responsibility of a provider to provide each participant in a program with a certificate of attendance. The certificate of attendance shall contain:

       1. (A) the name of the provider and approval number;
       2. (B) the name of the participant;
       3. (C) the title of the program;
       4. (D) the number of credit hours given;
       5. (E) the date and place of the program; and
       6. (F) the signature of the provider or its representative.
   13. (13) The provider shall maintain attendance records on a form prescribed by the commission for a period of three years.
   14. (14) The provider shall be responsible for ensuring that no licensee receives continuing education credit for time not actually spent attending the program.
   15. (15) Upon the failure of a provider to comply with any of the requirements of this section, the commission may revoke the provider's approval status.
   16. (16) The commission may evaluate any approved provider or applicant at any time to ensure compliance with requirements of this section.
   17. (17) Complaints regarding continuing education programs offered by approved providers may be submitted in writing to the executive director for resolution of the complaint.
   18. (18) The commission may monitor any activity without prior notice.

6. (f) Acceptance of continuing education approved by another licensing board.

   1. (1) A person, agency, or entity approved by another state professional licensing or certification board may request its program(s) be accepted for credit hours by the commission. The person, agency, or entity shall submit documentation of that board's approval, a statement of the relevance of the program(s) to funeral service practice, and the continuing education provider application fee.
   2. (2) The executive director will review the documentation and notify the person, agency, or entity in writing whether the program(s) is acceptable as credit hours and, if approved, indicate the continuing education approval number.

7. (g) Credit hours granted. The commission will grant the following credit hours listed in paragraphs (1)-(7) of this subsection toward the continuing education requirements for license renewal.

   1. (1) One credit hour will be given for each hour of participation in a continuing education program by an approved provider.
   2. (2) Credit may be earned through successful completion of college or university programs (for example: law, insurance, business management, accounting, and computers).
   3. (3) A provisional licensing supervisor will be granted a maximum of ten credit hours for supervision of cases, not to exceed ten credit hours per renewal period.
   4. (4) A presenter of a continuing education program may be granted five credit hours for each original or substantially revised presentation, not to exceed ten credit hours per renewal period.
   5. (5) Credit hours may be earned by successful completion of an independent study program directly related to funeral service offered or approved by an approved provider. With the exception of persons residing outside the United States, a maximum of ten credit hours for independent study programs will be accepted per renewal period.
   6. (6) Credit hours will be granted for hour to hour attendance at a regularly scheduled commission meeting; provided the licensee signs in and out and is present during this period of time.
   7. (7) A license may carry over to the next renewal period up to ten credit hours earned in excess of the continuing education renewal requirements.

8. (h) Continuing education requirements. The following hours listed in paragraphs (1)-(4) of this subsection are needed for license renewals:

   1. (1) 1997 license renewals: Ten hours;
   2. (2) 1998 license renewals: 12 hours;
   3. (3) 1999 license renewals: 14 hours;
   4. (4) 2000 license renewals: 16 hours.

9. (i) Exemptions/waivers.

   1. (1) Continuing education requirements for individuals newly licensed by examination shall be waived for the first-time renewal of license (does not apply to reciprocal licensees).
   2. (2) Individuals licensed in Texas, but not practicing in the state, are exempt from the continuing education requirements set forth in this section. Any individual who returns to practice in this state shall, before the next license renewal period, meet the continuing education requirements.
   3. (3) Persons in a "Retired, Inactive" status will be exempted from the continuing education requirements. Any person changing from the "Retired, Inactive" status to a "Retired, Active" status shall, before the next license renewal period, meet the continuing education requirements.
   4. (4) Persons in an active military status will be exempted, upon request, from the continuing education requirements. Upon release from active duty and return to residency in the state, the individual shall, within the first year after his or her release and return, meet the continuing education requirements.
   5. (5) Upon request, the executive director may authorize partial or full exemption from the continuing education requirements based on personal or family hardship. This request must be made at least 30 days prior to expiration of the license(s) and the executive director may require documentation of hardship.
   6. (6) Persons in a "Licensed, Inactive" status will be exempt from the continuing education requirements. This category pertains to individuals who wish to remain licensed, but are not currently active. Any person wishing to return to "Licensed, Active" status shall, before the next renewal period, meet the continuing education requirements.
   7. (7) Failure by any licensee to comply fully and in a timely manner with continuing education requirements, as presented in this section, will result in rejection of any application for renewal of a license. If a renewal application is rejected, the individual will be notified of this action. A rejected renewal application will be processed only after the commission has received satisfactory documentation that the continuing education required during the prior licensing period has been completed and payment of all required fees and penalties have been received. If a license is not renewed prior to expiration because of noncompliance with the continuing education requirements, a late compliance fee of $250 must be paid in addition to the renewal fee applicable to such license and the appropriate penalty fee for renewing after expiration of the license.

Source Note:The provisions of this §203.30 adopted to be effective June 11, 1998, 23 TexReg 5966.