|(a) Each licensed commercial embalming establishment
must at all times have a designated Embalmer in Charge, who is ultimately
responsible for compliance with all mortuary, health, and vital statistics
laws in the commercial embalming establishment. A commercial embalming
establishment must designate an Embalmer in Charge at the time it
receives its establishment license, and any time the Embalmer in Charge
changes the commercial embalming establishment must notify the commission,
on a form prescribed by the Commission, within 15 days.
(b) The Embalmer in Charge must be generally available
in the routine functions of the commercial embalming establishment
in order to personally carry out his or her responsibilities.
(c) The Embalmer in Charge may be served with administrative
process when violations are alleged to have been committed in a commercial
(d) An individual may not be designated as the Embalmer
and/or the Funeral Director in Charge of more than one establishment
unless the additional establishments are operated as branches or satellites
of a primary establishment, all of the establishments are under the
same ownership, and no establishment is more than 100 miles from any
other establishment held under the same ownership conditions.
(e) In order to be designated Embalmer in Charge of
more than one establishment, the licensee must submit a petition to
the Commission that clearly explains how each of the criteria in subsection
(d) of this section has been met. The Executive Director shall decide
whether to grant the petition. The request and decision will be made
part of the permanent licensing file. The Executive Director's decision
to deny may be appealed, in writing, to the Commissioners, and the
appeal will be considered at the Commission's next regularly scheduled
meeting. The Executive Director shall advise interested parties of
the action taken by the Commission in writing.
(f) If the commercial embalming establishment employs
a provisional licensee it is the responsibility of the embalmer in
charge and the provisional licensee to schedule case work sufficient
for the provisional program. It is the responsibility of the embalmer
in charge to ensure that each provisional licensee is properly supervised
while performing cases.
(g) The Embalmer in Charge shall retain the originals
of all provisional license case reports with supporting documentation
for two years from the completion date of the provisional program.
(h) If a provisional license holder leaves the employment
of an Embalmer in Charge, the Embalmer in Charge must file an affidavit
as described in Occupations Code §651.304(d), within 15 days
of employment termination.