SECTION 209.1. Ethical Standards

(a) The licensee shall be knowledgeable of and adhere to all applicable federal and state laws, rules, codes, and all procedures established by the Commission. It is the obligation of the licensee to exercise reasonable judgment and skill in the performance of all duties and work performed as a licensee.

(b) A licensee who performs his or her duties in a negligent or incompetent manner, or does not perform his or her duties with honesty, integrity, or in a trustworthy manner violates Texas Occupation Code §651.459.

(c) Integrity.

(1) A licensee shall be honest and trustworthy in the performance of all duties and work performed as a licensee and shall avoid misrepresentation and deceit in any fashion, whether by acts of commission or omission.

(2) A licensee shall refrain from engaging in acts or practices that constitute threats, coercion, or extortion.

(3) A licensee shall respect a consumer's right of personal choice and decisions with regard to making arrangements.

(d) The primary duty of the licensee is to ensure compliance with all applicable federal and state laws, rules, and codes. The licensee's position should be clear to all parties concerned while in the performance of all duties and work performed as a licensee.

(e) Specific Rules of Conduct.

(1) A licensee shall provide services to client families without regard to religion, race, color, national origin, sex, sexual orientation or disability.

(2) A licensee shall provide to consumers and prospective consumers, where applicable, all statutorily required documentation, pricing information, and any other information concerning funerals, cremations, burials, pricing, merchandise, and services, including a consumer brochure and retail price list, in a manner which is neither unfair nor deceptive.

(3) A licensee shall protect from disclosure confidential information pertaining to the deceased or the family of the deceased.

(4) A licensee shall account properly for and remit any monies, documents, or personal property that belongs to others that comes into the licensees' possession.

(5) A licensee shall not participate, whether individually or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose, which he/she knew or should have known was the evasion of any provision of the laws or the rules of the Commission.

(6) A licensee shall not provide information he or she knew or should have known was inaccurate, deceitful, or misleading to the Commission or a consumer while performing as a licensee.

(7) A licensee shall not engage in any activity that constitutes dishonesty, misrepresentation, or fraud while performing as a licensee.

(8) A licensee shall not solicit business or offer inducement to secure or attempt to secure business except where authorized by law.

(9) A licensee shall not violate any statute, ordinance, or regulation affecting the handling, custody, care or transportation of a decedent.

Source Note: The provisions of this §209.1 adopted to be effective January 20, 2005, 30 TexReg 75; amended to be effective January 8, 2015, 40 TexReg 62