1. (a) Purpose: Each person holding an active license and practicing as a funeral director or embalmer in this state is required to participate in continuing education as a condition of license renewal.

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 been approved by the commission. The program shall contribute to the advancement, extension, and enhancement of the professional skills and knowledge of the licensee in the practice of funeral directing and embalming by providing information relative to the funeral service industry and be open to all licensees.
   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 directing or embalming and are offered or sponsored by an approved provider and open to all licensees.

4. (d) 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 provider is not approved until the executive director communicates in writing that the application has been accepted and issues a Provider Number for the provider and a course number for each course offered under that Provider number. The commission may refuse to approve a provider's application for any valid reason, as determined by the commission.
   5. (5) 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.

5. (e) Responsibilities of Approved Providers

   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, including the course or program number;
      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 evaluations will be provided to the commission within 30 days following the presentation of each course, along with the course attendance roster.
   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.
   6. (6) Commission staff may monitor any continuing education with or without prior notice.

6. (f) Credit Hours Required

   1. (1) Licensed funeral directors and embalmers who actively practice in this state are required to obtain 16 hours of continuing education every two year renewal period. A licensee may receive credit for a course only once during a renewal period.

   2. (2) The following are mandatory continuing education hours and subjects for each renewal period:

      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 22 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.

7. (g) Credit Hour Eligibility. 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. College hour credit does not count toward the mandatory hours and subjects described in subsection (f)(2) of this section.
   2. (2) A person is eligible for a maximum of 5 credit hours per renewal period for provisional licensee supervision, regardless of the number of provisionals supervised.
   3. (3) A presenter or instructor of approved continuing education is eligible for a maximum of 5 credit hours per renewal period for instruction, 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 with a maximum of 3 hours credit per course.
   5. (5) A person is eligible for a maximum of 4 credit hours per renewal period for attendance at commission meetings, 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 subsection (f)(2) of this section.
   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.

8. (h) Exemptions, waivers, reactivation, and conversion

   1. (1) An individual newly licensed by examination whose initial renewal date is 12 months or less following original licensure is not required to obtain continuing education hours prior to renewal of the license. An individual newly licensed by examination whose initial renewal date is more than twelve months following original licensure is required to complete the hours of the three mandatory courses described in §203.30(f)(2) of this section.
   2. (2) Individuals licensed in Texas, but not practicing in the state, are required to obtain the 6 mandatory hours of continuing education 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 before resuming any funeral directing and/or embalming activities in the state.
   3. (3) Persons in a "Retired, Inactive" status are exempt from the continuing education requirements.
   4. (4) Persons in a "Retired, Active" status are required to obtain 10 hours of continuing education, including the mandatory hours and subjects of subsection (f)(2) of this section.
   5. (5) Persons converting from a "Retired, Inactive" status to a "Retired, Active" status shall obtain the continuing education hours required in paragraph (4) of this subsection.
   6. (6) Persons in an active military status are eligible for exemption from the continuing education requirements, upon request. 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 meet the continuing education requirements before the next renewal period after the release and return.

   7. (7) The executive director may authorize full or partial hardship exemptions from the requirements of this section based on personal or family circumstances and may require documentation of such circumstances.

      1. (A) The hardship request must be submitted in writing at least 30 days prior to the expiration of the license.
      2. (B) Hardship exemptions will not be granted for consecutive licensing periods.

9. (i) Failure to comply.

   1. (1) The commission will not renew the license of an individual who fails to obtain the continuing education requirements of this section, except as provided by paragraph (2) of this subsection.

   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 biennial renewal period.
      2. (B) The noncompliance penalty fee and allowance for every other renewal period does not eliminate the necessity of obtaining continuing education hours in the mandatory courses listed in subsection (g)(2) of this section.
      3. (C) The mandatory courses must be taken before the license expiration. If the mandatory courses do not total 16 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; amended to be effective March 5, 2003, 28 TexReg 1890; amended to be effective September 10, 2003, 28 TexReg 7705; amended to be effective February 29, 2004, 29 TexReg 1663; amended to be effective March 28, 2007, 32 TexReg 1748.