(a) 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.
(b) The following words and terms, when used in this
section, shall have the following meanings, unless the context clearly
indicates otherwise.
  (1) Approved provider--Any person or organization conducting
or sponsoring a specific program of instruction that has been approved
by the Commission.
  (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) Hour of continuing education--A 50 minute clock
hour completed by a licensee in attendance at an approved continuing
education program.
(c) Approval of continuing education providers.
  (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) National or state funeral industry professional
organizations may apply for approval of seminars or other courses
of study given during a convention.
  (3) An application for approval must be accompanied
by a syllabus for each course to be offered 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 resume and description of the instructor's qualifications.
  (4) A provider is not approved until the Commission
accepts the application 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) 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.
(d) Responsibilities of approved providers.
  (1) The provider shall verify attendance at each program
and provide a certificate of attendance to each attendee. The certificate
of attendance shall contain:
    (A) the name of the provider and approval number;
    (B) the name of the participant;
    (C) the title of the course or program, including the
course or program number;
    (D) the number of credit hours given;
    (E) the date and place the course was held;
    (F) the signature of the provider or provider's representative;
and
    (G) the signature of the attendee.
  (2) The provider shall provide a mechanism for evaluation
of the program by the participants, to be completed at the time the
program concludes.
  (3) The provider shall maintain the attendance records
and evaluations for a minimum of two years after the course is presented.
A copy of the evaluations and/or attendance roster shall be submitted
to the Commission upon request.
  (4) The provider shall be responsible for ensuring
that no licensee receives continuing education credit for time not
actually spent attending the program.
  (5) The Commission may monitor any continuing education
course with or without prior notice.
(e) Credit hours required.
  (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) The following are mandatory continuing education
hours and subjects for each renewal period:
    (A) Ethics--two credit hours--this course must at least
cover principals of right and wrong, the philosophy of morals, and
standards of professional behavior.
    (B) Law Updates--two credit hours--this course must
at least cover the most current versions of Occupations Code Chapter
651, and the Rules of the Commission.
    (C) Vital Statistics Requirements and Regulations--two
credit hours--this course must at least cover Health and Safety Code
Chapters 193, 711 - 715, and Tex. Admin. Code, Title 25, Chapter 181.
  (3) It is the responsibility of the licensee to track
the number of hours accumulated during a licensing period.
(f) The Commission will grant the following credit
hours toward the continuing education requirements for license renewal.
  (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 Commission on an individual
basis for a certification fee set by the Commission. College hour
credit does not count toward the mandatory continuing education outlined
in subsection (e)(2) of this section.
  (2) A person is eligible for a maximum of five credit
hours per renewal period for provisional licensee supervision, regardless
of the number of provisional licensees supervised.
  (3) A presenter or instructor of approved continuing
education is eligible for a maximum of five credit hours per renewal
period for instruction, regardless of the number of times the course
is presented.
  (4) All required hours may be obtained through independent
study, including home study or Internet presentation with a maximum
of three hours credit per course.
  (5) A person is eligible for a maximum of four credit
hours per renewal period for attendance at Commission meetings, provided
the licensee signs in and is present during the entirety of the meeting.

(g) Exemptions, waivers, reactivation, and conversion.
  (1) An individual whose renewal date is 12 months or
less following initial licensure is not required to obtain continuing
education hours prior to renewal of the license. An individual whose
renewal date is more than 12 months following first licensure is required
to complete the mandatory continuing education outlined in subsection
(e)(2) of this section.
  (2) Individuals licensed in Texas, but not practicing
in the state, are required to obtain the mandatory continuing education
outlined in subsection (e)(2) of 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) Persons in Retired, Inactive or Disabled, Inactive
status are exempt from continuing education requirements.
  (4) Persons in Retired, Active or Disabled, Active
status are required to obtain 10 hours of continuing education, including
the mandatory continuing education outlined in subsection (e)(2) of
this section.
  (5) Persons converting from an inactive status to a
Retired, Active or Disabled, Active status shall obtain the continuing
education hours required in paragraph (4) of this subsection.
  (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) The Commission may allow a licensee to carry over
to the next renewal period up to 10 credit hours earned in excess
of the continuing education renewal requirements, except for the mandatory
continuing education outlined in subsection (e)(2) of this section.
  (8) 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.
    (A) The hardship request must be submitted in writing
at least 30 days prior to the expiration of the license.
    (B) Hardship exemptions will not be granted for consecutive
licensing periods.
(h) Failure to comply.
  (1) The Commission will not renew the license of an
individual who fails to obtain the required 16 hours of continuing
education, except as provided by paragraph (2) of this subsection.
  (2) A noncompliance fee must be paid before a license
is eligible for renewal if the individual has not obtained the required
16 hours of continuing education.
    (A) The noncompliance fee may only be used in lieu
of obtaining the required continuing education for every other biennial
renewal period.
    (B) The noncompliance fee and allowance for every other
renewal period does not eliminate the necessity of obtaining the mandatory
continuing education outlined in subsection (e)(2) of this section.
(i) Any licensee receiving or submitting for credit
continuing education hours in a fraudulent manner shall be required
to obtain all continuing education on site and not online for two
consecutive renewal periods and shall be subject to any applicable
disciplinary action.


Source Note: The provisions of this §203.8 adopted to be effective October 18, 2015, 40 TexReg 7065