(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 embalming establishment.
(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.

Source Note: The provisions of this §203.23 adopted to be effective October 18, 2015, 40 TexReg 7069