| (a) First Call is the beginning of the relationship
between the consumer and the licensed funeral director acting on behalf
of a licensed funeral establishment to prepare the body for burial
or other disposition. The relationship is initiated by a family member
or the person responsible for making arrangements for final disposition.
(b) Transportation of a body sent to a morgue, or a
funeral establishment for identification or autopsy at the request
of a Justice of the Peace, Medical Examiner, or other official under
Code of Criminal Procedure Chapter 49 does not constitute a First
Call. Any expenses or items used specifically for the transportation
of a body under this subsection are not items of choice for the consumer,
including storage, and therefore are not the responsibility of the
consumer to pay.
(c) Licensed commercial embalming establishments are
prohibited from authorizing first calls or dealing directly with the
public for services or merchandise. Any removal of a deceased human
body by a commercial embalming establishment must be initiated by
a licensed funeral establishment prior to the removal. The commercial
embalming facility must notate the name of the funeral establishment
authorizing the removal on the release form.
(d) Transportation of a body does not constitute a
first call if the removal is done at the request of a health care
facility or employee. However, if a family member or the person responsible
for making arrangements for final disposition is present the provisions
of Occupations Code §651.401 prevail.
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