1. (a) Individuals licensed by the commission serve the consumer during one of the most demanding periods that a consumer will experience. Many services provided require knowledge in the mortuary arts and sciences which most bereaved families do not have. Licensees should strive to attain the highest degree of ethical and professional conduct using honesty, candor and respect.
2. (b) Applicability. These policies are intended to set forth ethical precepts to which individuals licensed by the commission should aspire to achieve. These standards are not intended to be used by parties to litigation over whether or not they have been observed. State and federal law and rules dictate the minimum standards to which each individual licensee must conform. These policies are adopted to set a higher goal and standard of ethics and professionalism which individual licensees should strive to attain, because it is right and just.
3. (c) Competency. The licensee shall be knowledgeable of and adhere to the laws, the rules, applicable codes, and all procedures established by the commission for licensees. It is the obligation of the licensee to exercise reasonable judgment and skill in the performance of all duties and work performed as a licensee.

4. (d) Integrity.

   1. (1) A licensee shall be honest and trustworthy in the performance of all duties and work performed as a licensee and shall avoid misrepresentation and deceit in any fashion, whether by acts of commission or omission.
   2. (2) A licensee shall refrain from engaging in acts or practices that constitute threats, coercion, or extortion.
   3. (3) A licensee shall respect a consumer's right of personal choice and decisions with regard to making arrangements.
5. (e) Interest. The primary interest of the licensee is to ensure compliance with the Act, the rules, and all applicable codes. The licensee's position, in this respect, should be clear to all parties concerned while in the performance of all duties and work performed as a licensee.

6. (f) Specific Rules of Conduct.

   1. (1) A licensee shall provide services to client families without regard to religion, race, color, national origin, sex, sexual orientation or disability.
   2. (2) A licensee shall provide to consumers and prospective consumers, where applicable, all statutorily required documentation, pricing information, and any other information concerning funerals, cremations, burials, pricing, merchandise, and services, including a consumer brochure and retail price list, in a manner which is neither unfair nor deceptive.
   3. (3) A licensee shall protect from disclosure confidential information pertaining to the deceased or the family of the deceased.
   4. (4) A licensee shall account properly for and remit any monies, documents, or personal property that belongs to others that comes into the licensees' possession.
   5. (5) A licensee shall not participate, whether individually or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose the evasion of any provision of the laws, the rules, or the standards adopted by the commission.
   6. (6) A licensee shall not knowingly furnish inaccurate, deceitful, or misleading information to the Commission or a consumer while performing as a licensee.
   7. (7) A licensee shall not engage in any activity that constitutes dishonesty, misrepresentation, or fraud while performing as a licensee.
   8. (8) A licensee shall not solicit business or offer inducement to secure or attempt to secure business except where authorized by law.
   9. (9) A licensee shall not violate any statute, ordinance, or regulation affecting the handling, custody, care or transportation of a decedent.

Source Note:The provisions of this §209.1 adopted to be effective January 20, 2005, 30 TexReg 75.