SECTION 203.21. First Call Definition

(a) First Call is the beginning of the relationship between the consumer and the licensed funeral director acting on behalf of a licensed funeral establishment to prepare the body for burial or other disposition. The relationship is initiated by a family member or the person responsible for making arrangements for final disposition.

(b) Transportation of a body sent to a morgue, or a funeral establishment for identification or autopsy at the request of a Justice of the Peace, Medical Examiner, or other official under Code of Criminal Procedure Chapter 49 does not constitute a First Call. Any expenses or items used specifically for the transportation of a body under this subsection are not items of choice for the consumer, including storage, and therefore are not the responsibility of the consumer to pay.

(c) Licensed commercial embalming establishments are prohibited from authorizing first calls or dealing directly with the public for services or merchandise. Any removal of a deceased human body by a commercial embalming establishment must be initiated by a licensed funeral establishment prior to the removal. The commercial embalming facility must notate the name of the funeral establishment authorizing the removal on the release form.

(d) Transportation of a body does not constitute a first call if the removal is done at the request of a health care facility or employee. However, if a family member or the person responsible for making arrangements for final disposition is present the provisions of Occupations Code §651.401 prevail.

Source Note: The provisions of this §203.21 adopted to be effective October 18, 2015, 40 TexReg 7069