| (a) An applicant for a provisional license must meet
the eligibility requirements of Occupations Code, §651.302 and
shall submit to a criminal background check. Upon written application,
the Commission shall waive the requirements of Occupations Code, §651.302(a)(2)
and (b)(2) for a period not to exceed 12 months to an applicant who
is otherwise qualified. This education waiver may be granted only
to a person who has never held a provisional license issued by the
Commission.
(b) An applicant who is enrolled in an accredited mortuary
college must have the college forward a letter of enrollment prior
to a provisional license being issued. A provisional license holder
who was granted an education waiver under Occupations Code §651.302(c)
must have the college forward a letter of enrollment prior to a provisional
license being renewed. An applicant or a provisional license holder
who has completed coursework but is not a certified graduate may hold
a provisional license if the person has the college forward a letter
stating the person has filed for graduation and provide an expected
graduation date within 3 months.
(c) If a school or college or mortuary science loses
its accreditation, a student who is enrolled and actively attending
classes related to mortuary science will be considered to have graduated
from an accredited school or college of mortuary science for the purpose
of complying with Occupations Code §651.253, if the student graduates
within 12 months of the loss of accreditation.
(d) A provisional license holder may work only in a
funeral establishment or commercial embalming establishment licensed
by the Commission. All work must be performed under the direct and
personal supervision of a duly licensed funeral director or embalmer,
depending on the provisional license.
(e) The provisional funeral director program may not
be served in a commercial embalming establishment.
(f) A provisional license holder must maintain employment
with a funeral establishment or commercial embalming establishment,
as applicable, throughout the provisional license period. A provisional
license holder must notify the Commission where he/she is employed
and if he/she changes employer. If the license holder is not employed,
the Commission will cancel the provisional license.
(g) A provisional license is valid for a term of 12
consecutive months. If a provisional license holder fails to complete
the license requirements in the 12-month license period, the holder's
license may be renewed for an additional 12 months, for a maximum
term of 24 months.
(h) Notwithstanding subsection (g) of this section,
if a provisional license holder who was granted an education waiver
under Occupations Code §651.302(c) fails to complete the license
requirements in the maximum 24-month license period, the holder's
license may be renewed for up to an additional 12 months, for a maximum
term of 36 months. The license will be extended only for the number
of months the provisional license holder was not enrolled in mortuary
school.
(i) Fees will not be refunded to a provisional license
holder who fails to complete the program.
(j) The Commission shall exit a provisional license
holder from the program at any time during the license term if the
license holder shows he/she has met the eligibility requirements of
Occupations Code §651.253.
(k) Upon the completion of the provisional license
program, the provisional license holder shall submit the Commission
promulgated Exit Application and all required documentation to the
Commission. The Commission shall verify the information received to
ensure the provisional licensee has met all requirements. All information
submitted is subject to inspection.
(l) Once the Commission confirms licensing requirements
have been met, the Commission shall issue to the provisional license
holder a written affidavit to be executed by the Funeral Director
in Charge or the Embalmer in Charge, as applicable, which attests
to the proficiency of the provisional license holder.
(m) Prior to issuing a regular license, the Commission
must receive the affidavit described by subsection (1) of this section
and the fees required for regular licensure.
(n) Examination Requirements.
(1) An applicant for full licensure as a funeral director
from the certificate program must pass the Texas State Board Examination
as described in Occupations Code, §651.255.
(2) An applicant for full licensure who holds an Associate
of Applied Science degree is required to pass either or both of the
examinations as described in Occupations Code, §§651.255
- 651.256, depending on the license type being sought.
(3) Prior to being issued a provisional license, an
applicant must pass the State Mortuary Law Examination administered
by the Commission. If a person fails to submit an application for
licensure within 6 months of taking the Mortuary Law Examination,
the score is invalidated and the person must retake and pass the exam
prior to licensure.
(4) A passing score of at least 75% is required for
each examination described in paragraphs (1) - (3) of this subsection.
(o) A person who fails to submit an application within
6 months after submitting to a criminal background check may be required
to submit to a subsequent background check.
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| Source Note: The provisions of this §203.5 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 6, 2016, 41 TexReg 7716; amended to be effective October 3, 2019, 44 TexReg 5625 |
