(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 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.
  (6) The Commission may approve courses that have been approved by the Academy of Professional Funeral Service Practice, Inc. (APFSP). A provider submitting such a course may need to submit the materials required under subsection (c)(3) of this section.
(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 both the Commission-issued course and 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;
    (G) the signature of the attendee; and
    (H) if the course was in-person or on-line.
  (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) Persons in Retired or Disabled status are exempt from continuing education.
  (3) 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.
(f) The following are mandatory continuing education hours and subjects for each renewal period:
  (1) Ethics--two credit hours--this course must at least cover of right and wrong, the philosophy of morals, and standards of professional behavior.
  (2) Law Updates--two credit hours--this course must at least cover the most current versions of Occupations Code Chapter 651, Health and Safety Code Chapter 716, and the Rules of the Commission.
  (3) Vital Statistics Requirements and Regulations--two credit hours--this course must at least cover Health and Safety Code Chapters 193, 711, and Tex. Admin. Code, Title 25, Chapter 181.
(g) The 16 hours of continuing education may be taken through Internet/online presentation.
(h) The Commission will grant the following credit hours toward the continuing education requirements for license renewal. The credit hours outlined in this section are eligible to be counted toward the four hours of required in-person continuing education.
  (1) A person is eligible for a maximum of eight credit hours per renewal period for provisional licensee supervision, regardless of the number of provisional licensees supervised.
  (2) A presenter or instructor of approved continuing education is eligible for a maximum of two credit hours per renewal period per course for instruction, regardless of the number of times the course is presented.
  (3) 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.
(i) Exemptions.
  (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 (f) of this section.
  (2) 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.
(j) The Commission will not renew the license of an individual who fails to obtain the required 16 hours of continuing education.
(k) 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; amended to be effective October 3, 2019, 44 TexReg 5625; amended to be effective November 22, 2020, 45 TexReg 8134