1. (a) Purpose 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 individual or dual 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 the Commission.
   2. (2) Approved program--A continuing education program activity that has receive 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 Acceptable sources of continuing education are 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.

4. (d) Approved Continuing Education Provider

   1. (1) Continuing Education may be provided by a variety of sources. The Commission will examine each provider and course for suitability, practicality, and applicability.
   2. (2) Types of sources that may be approved to provider continuing education are private businesses that prepare and offer courses related to the funeral industry, accredited colleges and universities, national or state funeral industry associations, other state agencies, an American Board of Funeral Service Education accredited mortuary college, home study courses and courses taken over the Internet or through film rental.

5. (e) Approval of continuing education

   1. (1) A person or entity seeking approval as a continuing education provider shall file a completed application on a form provided by the Commission and include the continuing education provider fee and the fee for each course submitted. Governmental agencies are exempt from paying this fee.
   2. (2) National or state funeral industry professional organizations may apply for approval of seminars or other courses of study given during a convention.
   3. (3) An application for approval must be accompanied by a syllabus for each course submitted which specifies the course objectives, course content and teaching methods to be used, and the number of credit hours each course is requesting to be granted, and a brief resume or description of the instructor and the instructor's qualifications.
   4. (4) A program offered by a provider for continuing education credit hours from the Commission shall contribute to the advancement, extension and enhancement of the professional skills and knowledge of the licensee in the practice of funeral service by providing information relative to the funeral service industry.
   5. (5) A provider is not approved until the executive director of the commission communicates in writing that the application has been accepted and issued a Provider Number for the provider and a course number for each course offered under that Provider number.
   6. (6) A Provider Number and Course number are valid for one year, expiring on December 31st of each year, regardless of when the number was granted.

6. (f) Responsibilities of Approved Providers of Continuing Education

   1. (1) The provider shall verify attendance at each program and provide a certificate of attendance to each attendee. 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 course or program;
      4. (D) the number of credit hours given;
      5. (E) the date and place the course was held;
      6. (F) the signature of the provider or provider's representative.
      7. (G) the signature of each attendee.
   2. (2) The provider shall maintain the attendance records for a minimum of two years on each course provided.
   3. (3) The provider shall provide a mechanism for evaluation of the program by the participants, to be completed on-site or at the time the program concludes. A copy of the evaluation will be provided to the Commission following the presentation of each course.
   4. (4) The provider shall provide a syllabus of each course offered, which may include a copy of any video offered for home study.
   5. (5) The provider shall be responsible for ensuring that no licensee receives continuing education credit for time not actually spent attending the program.

7. (g) Credit Hours Required

   1. (1) Individual licensees are required to obtain 20 hours of continuing education every two year renewal period.

   2. (2) The following are mandatory continuing education subjects:

      1. (A) Ethics - 2 credit hours - this course must at least cover principals of right and wrong, the philosophy of morals, and standards of professional behavior.
      2. (B) Law Updates - 2 credit hours - this course must at least cover the most current versions of Texas Occupations Code Chapter 651, and Texas Administrative Code Chapters 201 and 203.
      3. (C) Vital Statistics Requirements and Regulations - 2 credit hours - this course must at least cover Health and Safety Code Chapters 193, 711-715 and Texas Administrative Code Chapter 181.
   3. (3) This requirement will commence with the May, 2002 renewal for individual licenses.
   4. (4) The three topics must be included in the satisfaction of every renewal period continuing education requirement.

8. (h) Credit Hours Granted. The commission will grant the following credit hours toward the continuing education requirements for license renewal.

   1. (1) One credit hour is given for each hour of participation, except in accredited college courses taken for school credit. Such college courses will be evaluated by the executive director on an individual basis for a certification fee set by the Commission. Such college attendance in accredited college courses does not negate the requirement of the three mandatory continuing education courses.
   2. (2) A supervisor of a provisional licensee will be granted a maximum 5 credit hours per renewal period, regardless of the number of provisionals supervised.
   3. (3) A presenter or instructor of a continuing education program may be granted 5 credit hours per renewal period, regardless of the number of times the course is presented.
   4. (4) All required hours may be obtained through independent study, including home study or Internet presentation.
   5. (5) A total of 4 credit hours per renewal period will be granted for attendance to a regularly scheduled Commission meeting, provided the licensee signs in and out and is present during this period of time.
   6. (6) A licensee may carry over to the next renewal period up to 10 credit hours earned in excess of the continuing education renewal requirements, except for those courses listed in section g.
   7. (7) It is the responsibility of the licensee to track the number of hours accumulated during a licensing period.
   8. (8) When excessive hours are to be carried over to the next licensing period, the licensee must request and obtain permission in writing to carry over continuing education hours. This request will be kept in the permanent licensing file of the individual.

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. A copy of the active duty orders must be included in the request. Upon release from active duty and return to residency in the state, the individual shall, before the next renewal period 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. Hardship exemption may only be used for every other two-year licensing period and the request for exemption must be made in writing each time.

10. (j) Failure to comply.

    1. (1) Failure by any licensee to comply fully with the continuing education requirements, will result in rejection of the application for renewal of the individual's license.

    2. (2) A $300 noncompliance fee must be paid before a license is subject to renewal if the individual has not obtained the required continuing education.

       1. (A) The $300 noncompliance fee may only be used in lieu of obtaining the required continuing education for every other two year renewal period.
       2. (B) The noncompliance penalty fee and allowance for every other renewal period does not waive the necessity of obtaining continuing education hours in the mandatory courses listed in subsection g.
       3. (C) The mandatory courses must be taken before the license expiration. If the mandatory courses do not total 20 hours, the noncompliance fee of $300 is due upon application for renewal.

Source Note:The provisions of this §203.30 adopted to be effective December 23, 2001, 26 TexReg 10295.