reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 3 - LICENSING (§§ 62-5-301 — 62-5-318) › Section 62-5-311 - Reciprocity - Examination - Continuing education - Fee

(a)
A nonresident of this state who holds a valid license as a funeral director or embalmer issued by another state or provincial authority may apply for a license as a funeral director or embalmer in this state by submitting written application to the board on the prescribed form, accompanied by:
(1)
A fee as set by the board per license applied for; and
(2)
A certificate showing that the applicant was duly examined by the other state or provincial authority at a time when the applicant was not a resident of this state.
(b)
(1)
If the nonresident applicant receives a scaled score of seventy-five (75) or better on an examination administered by the board, the board may, upon receipt of the fee and certificate required by subsection (a), issue to the applicant the appropriate license.
(2)
Except as provided in subdivision (b)(3), the examination administered by the board shall only be administered by the board if the board determines that the applicant meets or exceeds each of the minimum qualifications required for funeral directors as described in §
62-5-305(b)(1)-(7)
or embalmers as described in §
62-5-307(b)(1)-(7)
.
(3)
A nonresident applicant failing to meet the minimum qualifications described in subdivision (b)(2), based solely upon a failure to meet §
62-5-305(b)(6) or (b)(7)
for funeral directors or §
62-5-307(b)(6) or (b)(7)
for embalmers, may meet such qualifications provided that the nonresident applicant has been licensed by another state or provincial authority in good standing for five (5) years and has been employed as a funeral director or embalmer, or both, for such time.
(c)
For purposes of this section, the board shall limit the examination administered by the board to questions relating to the laws and rules governing the practice in which the nonresident applicant wishes to engage.
(d)
Persons who receive a license as a funeral director or embalmer, or both, pursuant to this section, shall submit with their renewal application evidence of compliance with all the requirements of part 6 of this chapter relative to continuing education. Continuing education requirements may be completed in a state other than Tennessee if the continuing education courses are approved by the board.
(e)
Notwithstanding any provision of this chapter or rule to the contrary, the board is authorized to require an application fee and a license fee for persons applying to the board for reciprocity.
Acts 1951, ch. 13, § 20 (Williams, § 7140.20); Acts 1980, ch. 554, §§ 5, 8; T.C.A. (orig. ed.), §§ 62-506, 62-518; Acts 1985, ch. 354, § 11; 1989, ch. 523, §§ 154, 155; 1999, ch. 20, § 2; 2001, ch. 188, § 13; 2010 , ch. 1018, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 3 - LICENSING (§§ 62-5-301 — 62-5-318) › Section 62-5-312 - Registration as an apprentice

(a)
When beginning the required apprenticeship, the person shall file an apprentice registration form with the board and shall pay a fee in the amount to be established by the board. The registration shall be valid for a period of three (3) years from the date of registration, or until the registrant has completed the apprenticeship requirements, whichever occurs first.
(b)
The apprentice registration form shall contain the name of the registrant, showing that the registrant:
(1)
Has attained eighteen (18) years of age;
(2)
Is a citizen of the United States or an individual enumerated in
8 U.S.C. § 1622(b)
;
(3)
Is of good moral character;
(4)
Has graduated from a high school or has earned a high school equivalency credential approved by the state board of education; and
(5)
Is a bona fide paid employee of an establishment working no less than thirty-two (32) hours per week in the presence of and under the direction and supervision of a licensed funeral director or embalmer.
(c)
All persons who are apprentice funeral directors, apprentice embalmers and mortuary school students registered by the board and who are in the process of fulfilling their apprenticeship and educational requirements on or before December 31, 2007, shall not be required to complete the apprenticeship requirements that become effective on January 1, 2008. The apprentices and mortuary school students shall complete all requirements to become licensed by the board as a funeral director or embalmer on or before June 30, 2011.
(d)
When beginning the required course of study, the person shall file a student registration form with the board and shall pay a fee in the amount to be established by the board. The registration shall be valid for a period of three (3) years from the date of registration, or until the registrant has completed the apprenticeship requirements, whichever occurs first.
Amended by 2023 Tenn. Acts, ch. 114,s 44, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 549, s 14, eff. 10/1/2021.
Amended by 2020 Tenn. Acts, ch. 625, s 3, eff. 3/25/2020.
Amended by 2018 Tenn. Acts, ch. 651, Secs.s 1, s 2 eff. 4/9/2018.
Acts 2007 , ch. 297, § 4; 2012 , ch. 738, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 3 - LICENSING (§§ 62-5-301 — 62-5-318) › Section 62-5-314 - Use of names of unregistered persons restricted

The name of any living person who has not been licensed as provided in this chapter shall not be shown or displayed upon any funeral establishment, or used alone, in, as part of or in connection, association, combination or together with the name or title of any person, firm, corporation or other form of enterprise engaged in undertaking or embalming, on any card, sign, stationery or other printed or written instrument or device, in any announcement or advertisement or in any manner so as to give or tend to give the impression that the person is licensed or entitled to practice either as a funeral director or embalmer.
Acts 1951, ch. 13, § 18 (Williams, § 7140.18); T.C.A. (orig. ed.), § 62-521.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 3 - LICENSING (§§ 62-5-301 — 62-5-318) › Section 62-5-315 - Term of licenses - Not transferable - Duplicates - Renewals

(a)
All licenses issued to funeral directors or embalmers as provided in this chapter shall be issued for a period of two (2) years and shall be renewed biennially, at a fee in an amount to be established by the board, subject to this chapter.
(b)
All licenses issued to funeral establishments, as provided in this chapter, shall be issued for a period of two (2) years and shall be renewed biennially at a fee in an amount to be established by the board, subject to this chapter.
(c)
No license issued to a funeral director, embalmer or funeral establishment granted under this chapter shall be transferable or assignable.
(d)
A duplicate license to replace any license lost, destroyed or mutilated may be obtained from the board upon submission of a proper letter of request, accompanied by payment of a fee as set by the board.
Acts 1951, ch. 13, § 14 (Williams, § 7140.14); Acts 1959, ch. 198, § 2; 1968, ch. 542, § 4; 1972, ch. 553, § 3; 1980, ch. 554, § 9; T.C.A. (orig. ed.), § 62-522; Acts 1985, ch. 354, § 12; 1989, ch. 360, § 6; 1989, ch. 523, § 156; 1990, ch. 1026, § 39.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 3 - LICENSING (§§ 62-5-301 — 62-5-318) › Section 62-5-316 - Invalidity of unrenewed license - Renewal, reinstatement or reapplication

(a)
Any license that is not renewed by its expiration date becomes invalid. The holder of the invalid license shall not practice the profession for which the license was issued, nor shall an establishment be operated if the establishment's license has become invalid, until such time as the license has been renewed or reinstated or a new license has been issued.
(b)
When any license issued by the board becomes invalid because of nonrenewal, the executive director shall send a written notice to the license holder at the license holder's last known address, informing the license holder that the license holder cannot practice that profession or operate that establishment until the invalid license is renewed or reinstated or a new license is issued. The notice shall also state that the license may be renewed or reinstated at any time within ninety (90) days of the license expiration date by payment of the renewal fee and of a penalty fee in an amount to be established by the board. Any license not renewed or reinstated within ninety (90) days of the license expiration date shall not be subject to renewal or reinstatement and the license holder shall reapply as for an initial license; provided, that any examination shall be limited to this chapter and any rules promulgated pursuant to this chapter, and that the education requirements in §
62-5-305(b)(6)
and §
62-5-307(b)(6)
are not applicable.
Acts 1951, ch. 13, § 17 (Williams, § 7140.17); Acts 1980, ch. 554, § 10; T.C.A. (orig. ed.), § 62-523; Acts 2001, ch. 188, § 14; 2012 , ch. 799, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 3 - LICENSING (§§ 62-5-301 — 62-5-318) › Section 62-5-318 - Requirement that removal service be registered with board of funeral directors and embalmers - Registration fee - Registration and renewal forms - Penalty

(a)
On or after January 1, 2014, no removal service shall operate in this state unless the removal service is registered with the board of funeral directors and embalmers. All such registrations shall expire two (2) years from the date of the registration or renewal. The board may promulgate and adopt such rules and regulations to establish adequate registration and renewal fees to cover the administrative costs associated with the registration program.
(b)
In conjunction with the registration fee, the registrant must provide proof of liability insurance in an amount to be determined by the board by rule.
(c)
Included on each registration and renewal form shall be a section whereby the applicant or registrant shall declare, under penalty of perjury pursuant to §
39-16-702(a)(4)
, whether such registrant or any principal officer, director, or any person owning more than five percent (5%) of the removal service, has ever been convicted of a violation of this chapter or §
39-17-312
.
(d)
An applicant shall be prohibited from registering under this section for five (5) years from the date of conviction if the applicant or any principal officer, director, or any person owning more than five percent (5%) of the applicant's removal service has been convicted of a violation of this chapter or §
39-17-312
.
(e)
On or after January 1, 2014, it is an offense for a person to engage in the business of a removal service without registering or after falsely registering with the board.
(f)
A violation of this section is a Class C misdemeanor.
(g)
The registration of a removal service shall be immediately revoked by operation of law upon the conviction of the removal service or any principal officer, director, or person owning more than five percent (5%) of the removal service of any violation of this chapter or §
39-17-312
. A copy of the judgment of conviction shall be transmitted to the board by the law enforcement agency responsible for the conviction.
Added by 2013 Tenn. Acts, ch. 437, s 2, eff. 1/1/2014.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 4 - TENNESSEE PREPAID FUNERAL BENEFITS ACT (§§ 62-5-401 — 62-5-417) › Section 62-5-401 - Short title

This part shall be known and may be cited as the "Tennessee Prepaid Funeral Benefits Act."
Acts 2007, ch. 592, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 4 - TENNESSEE PREPAID FUNERAL BENEFITS ACT (§§ 62-5-401 — 62-5-417) › Section 62-5-402 - Scope of part

This part governs the qualifications and procedures for registration and general regulatory requirements for the sale of prepaid funeral benefits in this state.
Acts 2007, ch. 592, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 4 - TENNESSEE PREPAID FUNERAL BENEFITS ACT (§§ 62-5-401 — 62-5-417) › Section 62-5-404 - Registration requirement

(a)
With the exception of a funeral director licensed in this state, an individual shall not offer or sell pre-need funeral contracts without first registering with the commissioner as a pre-need sales agent. An individual shall not sell, solicit, or negotiate prearrangement insurance policies without first registering with the commissioner as a pre-need sales agent and obtaining an insurance producer license pursuant to the Tennessee Insurance Producer Licensing Act of 2002, compiled in title 56, chapter 6, part 1.
(b)
No funeral establishment or other individual, firm, partnership, company, corporation, or association may offer or sell pre-need funeral contracts without first registering with the commissioner as a pre-need seller. A funeral establishment or other individual, firm, partnership, company, corporation, or association with more than one (1) physical location in this state shall obtain a separate registration for each physical location where it acts as a pre-need seller.
(c)
This section does not apply to a person who is licensed under §
62-5-305
and is selling pre-need funeral contracts only on behalf of a funeral home that is owned, in whole or in part, by that person. However, that person remains subject to title 56, chapter 6, part 1.
Amended by 2022 Tenn. Acts, ch. 1014, s 1, eff. 5/9/2022.
Amended by 2021 Tenn. Acts, ch. 549, s 15, eff. 10/1/2021.
Acts 2007 , ch. 592, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 4 - TENNESSEE PREPAID FUNERAL BENEFITS ACT (§§ 62-5-401 — 62-5-417) › Section 62-5-405 - Procedure for registration

(a)
In order to obtain a pre-need seller registration or a pre-need sales agent registration, an individual, funeral establishment or other individual, firm, partnership, company, corporation, or association shall:
(1)
File an application with the department on a form prescribed by the commissioner; and
(2)
Pay a nonrefundable filing fee in an amount set by the commissioner.
(b)
A pre-need seller registration shall be valid only at the address provided in the application or at a new address approved by the commissioner.
(c)
All registrations issued under this part shall be valid for two (2) years.
(d)
All registrations become invalid unless renewed.
(e)
The commissioner shall send a renewal notice and the renewal of a registration may be effected at any time during the two (2) months preceding the date of expiration upon submission of an application to the commissioner on the prescribed form, accompanied by a renewal fee as set by the commissioner.
(f)
No later than seventy-five (75) days after the end of the pre-need seller's fiscal year, pre-need sellers and trustees shall file an annual report with the commissioner on forms prescribed by the commissioner. The report shall include a summary of the information contained in the accounts, books, and records required to be kept pursuant to rules promulgated by the commissioner, and other information as the commissioner may reasonably require. An additional report shall not be required based on the establishment of trusts pursuant to this title and title 46. In such instance, only one (1) report shall be required.
Amended by 2016 Tenn. Acts, ch. 911,s 13, eff. 4/27/2016.
Acts 2007, ch. 592, § 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 4 - TENNESSEE PREPAID FUNERAL BENEFITS ACT (§§ 62-5-401 — 62-5-417) › Section 62-5-408 - Management of funeral contract trust

(a)
Moneys held in a pre-need funeral contract trust shall be held in trust, both as to principal and income earned on the principal, and shall remain intact, except that the trustee shall have the right to use trust fund income to pay applicable taxes and reasonable expenses related to the administration of the trust, including reasonable trustee's fees for services rendered pursuant to the terms of the applicable trust agreement or to others for the preparation of fiduciary tax returns. In no event shall the principal be diminished.
(b)
The pre-need seller shall be liable to the trustee and to third parties to the extent that income from the trust is not sufficient to pay the expenses of the trust.
(c)
The trustee shall make regular valuations of assets it holds in trust and provide a report of the valuations to the pre-need seller at least annually.
(d)
The trustee shall invest the moneys paid and placed in a pre-need funeral contract trust, by exercising the judgment and care under the circumstances then prevailing, that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital.
(e)
Except as otherwise provided by this part, all payments made by the purchaser of a pre-need funeral contract shall remain trust funds with a trustee or as paid insurance premiums with an insurance company, as the case may be, until the death of the pre-need funeral contract beneficiary and until full performance of the pre-need funeral contract.
Amended by 2016 Tenn. Acts, ch. 911,s 14, eff. 4/27/2016.
Acts 2007, ch. 592, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 4 - TENNESSEE PREPAID FUNERAL BENEFITS ACT (§§ 62-5-401 — 62-5-417) › Section 62-5-410 - Death of contract beneficiary - Proof of death - Payments

(a)
Upon the death of the contract beneficiary, the trustee or the insurance company shall pay the funeral establishment or other provider that furnished the services or merchandise only after they have been furnished with a certified copy of the death certificate of the person, or other proof of death acceptable to the trustee or insurance company together with a copy of the statement of funeral merchandise and services, signed by the funeral director or other provider and representative of the contract beneficiary, setting forth that all of the terms and conditions of the pre-need funeral contract have been fully performed by the funeral establishment or other provider.
(b)
(1)
After payment for the merchandise and services as set forth in the pre-need funeral contract, the trustee or insurance company shall pay any balance remaining in the pre-need funeral trust fund or the prearrangement insurance policy to the purchaser, the purchaser's estate or otherwise named beneficiary.
(2)
Subdivision (b)(1) does not apply to the interest earned on a guaranteed pre-need funeral contract funded by a prearrangement insurance policy or an irrevocable pre-need funeral trust. The seller of the guaranteed pre-need funeral contract shall disclose in the guaranteed pre-need funeral contract the disposition of all interest earned on the contract.
Amended by 2024 Tenn. Acts, ch. 707,s 1, eff. 7/1/2024.
Acts 2007 , ch. 592, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 4 - TENNESSEE PREPAID FUNERAL BENEFITS ACT (§§ 62-5-401 — 62-5-417) › Section 62-5-411 - Maintenance of accounts, books and records - Annual examination of pre-need sellers and sales agents

(a)
Every pre-need seller shall keep and maintain, at a minimum, accurate accounts, books, and records in this state of all pre-need funeral contract and prearrangement insurance policy transactions, copies of all agreements, insurance policies, instruments of assignment, the dates and amounts of payments made and accepted thereon, the names and addresses of the pre-need funeral contract purchasers, the names and addresses of the pre-need funeral contract beneficiaries, the names of the trustees holding pre-need funeral trust funds, copies of the trustee's regular valuations of assets required in §
62-5-408
, and the names of insurance companies issuing prearrangement insurance policies. The records shall be kept for a minimum of five (5) years after the death of the pre-need funeral contract beneficiary.
(b)
The commissioner may investigate or examine the affairs of any pre-need seller or pre-need sales agent whenever it is deemed appropriate to do so. However, the commissioner shall require an annual examination to ensure that each person, firm, or corporation promising to pay or arrange for funeral services under this part will be able to perform its contract with the purchaser.
(c)
The pre-need seller shall pay all costs of any examination conducted under subsection (b), including, but not limited to, the reasonable fees of actuaries, accountants, attorneys and other professionals with whom the commissioner may enter into a contract to perform examination services on behalf of the commissioner.
(d)
Trustees of pre-need funeral trusts shall disclose to the commissioner any information regarding pre-need funeral trust accounts overseen by the trustee.
(e)
A certified public accountant acting as a trustee pursuant to §
62-5-403(15)(B)
shall submit proof of errors and omissions liability coverage with each trustee report to be filed with the commissioner.
Acts 2007 , ch. 592, § 12; 2008 , ch. 857, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 4 - TENNESSEE PREPAID FUNERAL BENEFITS ACT (§§ 62-5-401 — 62-5-417) › Section 62-5-412 - Transfer of registration

A pre-need seller registration may be transferred to a new owner upon payment of a fee fixed by the commissioner and upon submission of an audit report prepared and signed by an independent certified public accountant licensed in this state. All the fees and expenses in connection with the audit are not the responsibility of the trustee or the trust. The audit report shall include an unqualified opinion on the accuracy of the trust fund balances and a report of compliance with this part. Shortages in the trust funds shall be funded by the pre-need seller or new owner prior to a transfer of registration.
Acts 2007, ch. 592, § 13.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 4 - TENNESSEE PREPAID FUNERAL BENEFITS ACT (§§ 62-5-401 — 62-5-417) › Section 62-5-413 - Administration of part by commissioner - Civil penalties

(a)
The commissioner shall administer this part.
(b)
The commissioner shall promulgate rules and regulations to effectuate the intent of this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
The commissioner shall collect a fee for the registration of any person, association, partnership, firm or corporation engaged in selling any agreement, contract or plan permitted under this part.
(d)
The commissioner may deny an application for a registration, or may suspend, revoke, or refuse to issue or renew any registration under this part upon finding that the registrant or applicant has:
(1)
Violated this part, or any rule promulgated under this part;
(2)
Practiced fraud, deceit or misrepresentation;
(3)
Knowingly and willfully made a material misstatement in connection with an application for registration;
(4)
Been convicted by a court of competent jurisdiction of any felony, if the commissioner finds that the conviction reflects unfavorably on the fitness for the registration;
(5)
Engaged in dishonorable, unethical, or unprofessional conduct of a character likely to defraud, deceive or harm the public;
(6)
Violated any disciplinary order of the commissioner; or
(7)
Failed or refused to cooperate with any audit, inspection or investigation to determine compliance with this part or rules and regulations promulgated pursuant to this part.
(e)
In addition to or in lieu of any lawful disciplinary action under this part, the commissioner may, at the commissioner's discretion, assess civil penalties in an amount not to exceed one thousand dollars ($1,000) for each separate violation of this part, or any rule or regulation promulgated under this part. Each day of continued violation constitutes a separate violation.
(f)
The commissioner is authorized to assess a civil penalty in an amount not to exceed one thousand dollars ($1,000) against the trustee of a pre-need trust fund required by this part, for each separate violation of this part, or of any rule or regulation promulgated under this part. Each day of continued violation constitutes a separate violation.
Acts 2007, ch. 592, § 14.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 4 - TENNESSEE PREPAID FUNERAL BENEFITS ACT (§§ 62-5-401 — 62-5-417) › Section 62-5-415 - Violations

A violation of this part is a Class C misdemeanor.
Acts 2007, ch. 592, § 16.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 4 - TENNESSEE PREPAID FUNERAL BENEFITS ACT (§§ 62-5-401 — 62-5-417) › Section 62-5-416 - Injunction

In addition to other remedies, an action of injunction may be brought and maintained by the state or any other interested party to enjoin the violation of this part.
Acts 2007, ch. 592, § 17.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 4 - TENNESSEE PREPAID FUNERAL BENEFITS ACT (§§ 62-5-401 — 62-5-417) › Section 62-5-417 - Fraud - Treble damages

In civil actions, in which the prevailing party proves fraud relative to a contract for future services under this part, the prevailing party shall receive treble damages together with attorneys' fees, costs and interest.
Acts 2007, ch. 592, § 18.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 5 - CREMATION (§§ 62-5-501 — 62-5-513) › Section 62-5-501 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Body parts" means limbs or other portions of the anatomy that are removed from a living person for medical purposes during biopsy, treatment or surgery. "Body parts" also includes dead human bodies that have been donated to science for purposes of medical education or research and any parts of such a dead human body that were removed for those purposes. Nothing in this part shall be construed to permit the cremation of medical waste at the request of a hospital or other institution. Only the individual from whose body the parts were removed or the individual's duly appointed representative may make arrangements with the crematory for the cremation of body parts;
(2)
"Casket" means a rigid container that is designed for the encasement of a dead human body and that is constructed of wood, metal or another rigid material, is ornamented and lined with fabric and may or may not be combustible;
(3)
"Temporary container" means a receptacle for cremated remains composed of cardboard, plastic, metal or another material that can be closed in a manner that prevents the leakage or spillage of the cremated remains and the entrance of foreign material and that is of sufficient size to hold the cremated remains until they are placed in an urn or scattered; and
(4)
"Urn" means a receptacle designed to encase cremated remains permanently.
Acts 1999, ch. 215, § 1; 2000, ch. 779, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 5 - CREMATION (§§ 62-5-501 — 62-5-513) › Section 62-5-502 - Cremation of fetal remains

(a)
An operator of a crematory facility shall not:
(1)
Cremate fetal remains without receiving a copy of a properly executed form described in §
39-15-219(m)(1)(C)
;
(2)
Dispose of cremated fetal remains by a means other than one (1) of the following:
(A)
Placing the cremated fetal remains in a grave, crypt, or niche;
(B)
Scattering the cremated fetal remains in a dignified manner, including in a memorial garden, at sea, by air, or at a lawful scattering ground;
(C)
Releasing the cremated fetal remains to the woman who obtained an abortion or a party designated by the woman; or
(D)
Any other lawful manner;
(3)
Arrange for the disposal of cremated fetal remains by a means other than the methods described in subdivision (a)(2); or
(4)
Arrange for the transfer of the cremated fetal remains for disposal by a means other than the means described in subdivision (a)(2).
(b)
An operator of a crematory facility is not required to secure a death certificate, burial permit, transportation permit, or a cremation authorization form to cremate fetal remains.
Added by 2021 Tenn. Acts, ch. 348, s 2, eff. 5/6/2021.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 5 - CREMATION (§§ 62-5-501 — 62-5-513) › Section 62-5-504 - Prerequisites to cremation - Refund of fees

(a)
No operator of a crematory facility shall cremate or allow the cremation at a crematory facility of a dead human body, other than one that was donated to science for purposes of medical education or research, until all of the following have occurred:
(1)
The requirements of §
62-5-513
have been met, unless the decedent having died from a virulent communicable disease, the department of health or board of health having territorial jurisdiction where the death of the decedent occurred requires by rule or order the cremation to occur prior to those requirements being met;
(2)
The operator has received a permit for cremation of human remains that authorizes the cremation of the decedent; and
(3)
The operator has received any other documentation required by this state or a political subdivision of this state.
(b)
Upon the submission of a sworn affidavit by an operator of a crematory that the operator has completed the cremation of human remains without charge, the department of health shall issue a refund of any fees associated with the receipt of a permit as required in subdivision (a)(2).
Amended by 2019 Tenn. Acts, ch. 375, s 1, eff. 7/1/2019.
Acts 1999, ch. 215, § 4; 2000, ch. 779, §§ 4, 5, 30; 2012 , ch. 799, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 5 - CREMATION (§§ 62-5-501 — 62-5-513) › Section 62-5-508 - Final disposition of remains - Unclaimed cremated remains

(a)
Except as provided in subsection (b), no person shall:
(1)
Dispose of the cremated remains of a dead human body or body parts in such a manner or in such a location that the cremated remains are commingled with those of another decedent or body parts removed from another decedent or living person; or
(2)
Place the cremated remains of more than one (1) decedent or of body parts removed from more than one (1) decedent or living person in the same urn or temporary container.
(b)
Notwithstanding subsection (a), a person may:
(1)
Scatter cremated remains at sea, by air or in a dedicated area at a cemetery used exclusively for the scattering on the ground of the cremated remains of dead human bodies or body parts;
(2)
Commingle cremated remains of more than one (1) decedent or of body parts removed from more than one (1) decedent or living person or the placement in the same urn or temporary container of the cremated remains of more than one (1) decedent or of body parts removed from more than one (1) decedent or living person if operating under specific instructions from the decedent or decedents or an heir or personal representative designated by the decedent or decedents to make such a decision; and
(3)
If the person is operating under the decedent's instructions, commingle the cremated remains or body parts removed from another decedent or living person, after receipt of the cremated remains or the body parts, with those of another decedent or body parts removed from another decedent or living person.
(c)
Unless otherwise specified by any written agreement between the operator of the crematory facility or funeral establishment and the person or entity requesting the cremation of human remains, any cremated human remains unclaimed one hundred eighty (180) calendar days from the date of cremation, may be interred, entombed, or inurned by the operator of the crematory facility, and a record of the disposition of such unclaimed cremated human remains shall be made available by the operator of the crematory facility or funeral establishment for inspection on weekdays between the hours of eight o'clock a.m. (8:00 a.m.) and four-thirty p.m. (4:30 p.m.).
Amended by 2014 Tenn. Acts, ch. 690, s 3, eff. 4/15/2014.
Acts 1999, ch. 215, § 8; 2000, ch. 779, §§ 16 - 18; 2010 , ch. 655, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 5 - CREMATION (§§ 62-5-501 — 62-5-513) › Section 62-5-510 - Removal of devices or implants from remains

If a funeral director delivers the decedent to a crematory facility, the funeral director shall take reasonable precautions to ensure necessary actions are taken to remove a device or implant from the decedent or to render the device or implant nonhazardous prior to delivering the decedent to the crematory facility if the funeral director is aware of such a device or implant.
Acts 1999, ch. 215, § 10; 2000, ch. 779, § 24.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 5 - CREMATION (§§ 62-5-501 — 62-5-513) › Section 62-5-511 - Crematory facility operator liability

(a)
The operator of a crematory facility is not liable for damages in a civil action for any of the following actions or omissions, unless the actions or omissions were made with malicious purpose, in bad faith or in a wanton or reckless manner:
(1)
Having performed the cremation of the decedent, or having released or disposed of the cremated remains, in accordance with the instructions set forth by the decedent or an heir or personal representative of the decedent;
(2)
Having performed the cremation of the decedent or body parts removed from the decedent or living person or having released or disposed of the cremated remains in accordance with the instructions set forth by the decedent or an heir or personal representative of the decedent; or
(3)
Any failure to correctly identify a dead human body prior to cremation.
(b)
The operator of a crematory facility is not liable for damages in a civil action for refusing to accept a dead human body or body parts or to perform a cremation under any of the following circumstances, unless the refusal was made with malicious purpose, in bad faith or in a wanton or reckless manner:
(1)
The operator has actual knowledge that there is a dispute regarding the cremation of the decedent or body parts, and the operator has not received an order of the court having jurisdiction ordering the cremation of the decedent or body parts;
(2)
The operator has a reasonable basis for questioning the accuracy of any of the information or statements provided to the operator with respect to the cremation of the decedent or body parts; or
(3)
The operator has any other lawful reason for refusing to accept the dead human body or body parts or to perform the cremation.
(c)
The operator of a crematory facility is not liable for damages in a civil action in connection with the cremation of or disposition of the cremated remains of any dental gold, jewelry or other items of value delivered to the facility with a dead human body or body parts unless the actions or omissions of the operator were made with malicious purpose, in bad faith or in a wanton or reckless manner.
(d)
This section does not create a new cause of action or substantive legal right against the operator of a crematory facility.
(e)
This section does not affect any immunities from civil liability or defenses established by law to which the operator of a crematory facility may be entitled.
Acts 1999, ch. 215, § 11; 2000, ch. 779, §§ 25 - 28.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 5 - CREMATION (§§ 62-5-501 — 62-5-513) › Section 62-5-512 - Cremation without a casket

No operator of a crematory facility shall require a person to be cremated in a casket; provided, that in the discretion of the operator of a crematory facility, a container composed of readily combustible materials that is suitable for cremation, other than a casket, may be required.
Acts 2000, ch. 779, § 29.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 5 - CREMATION (§§ 62-5-501 — 62-5-513) › Section 62-5-513 - Delay of cremation

If a person who signs the death certificate, a district attorney general or any law enforcement officer, or an emergency medical or rescue worker, emergency medical technician or paramedic who attended the person immediately prior to or after the person's death, signs a written statement requesting the delay of a cremation based upon a reasonable belief that the cause of death may have been due to other than accidental or natural causes, then the cremation of a dead human body shall be delayed based upon that request.
Acts 2000, ch. 779, § 31.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 6 - CONTINUING EDUCATION (§§ 62-5-601 — 62-5-611) › Section 62-5-601 - Continuing education requirement for license renewals

(a)
Every licensed embalmer holding a Tennessee license shall submit with the renewal application evidence of satisfactory completion of a continuing education program in mortuary science approved by the board.
(b)
Every licensed funeral director holding a Tennessee license shall submit with the renewal application evidence of satisfactory completion of a continuing education program in funeral directing approved by the board.
(c)
(1)
Each licensee holding a Tennessee license shall submit with the license renewal application satisfactory proof of completion of a minimum of ten (10) hours of continuing education coursework approved by the board. Compliance with the continuing education coursework is mandatory for renewal of a license. Of the ten (10) hours of continuing education coursework, five (5) hours must be attended in-person.
(2)
As used in this subsection (c):
(A)
"Attended in-person" means the continuing education coursework is completed by the licensee in the physical presence of the provider of the coursework or is completed by the licensee through an interactive virtual program that requires participants to confirm their presence during the program; and
(B)
"Interactive" means the provider of the coursework provides a continuous two-way transfer of information between the licensee and the provider's point of origin.
(d)
Any licensee who is sixty-five (65) years of age or older or who has held a license continuously for ten (10) years on or before October 1, 2000, shall be exempt from the continuing education requirements in this chapter. In addition, a licensee who demonstrates to the board on the prescribed form that the licensee is disabled and is not practicing either funeral directing or embalming is exempt from the continuing education requirements set forth in this chapter.
(e)
The board, for good cause, shall have the power to excuse licensees from the continuing education requirements set forth in this chapter.
(f)
Continuing education credit or credits may be obtained by attending and participating in continuing education courses or workshops approved by the board.
(g)
No continuing education hours from one licensing period may be carried over to a subsequent licensing period.
Amended by 2022 Tenn. Acts, ch. 1014, s 2, eff. 5/9/2022.
Amended by 2017 Tenn. Acts, ch. 154, s 1, eff. 7/1/2017.
Acts 1997 , ch. 275, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 6 - CONTINUING EDUCATION (§§ 62-5-601 — 62-5-611) › Section 62-5-602 - Reciprocity for nonresident licensees

A nonresident licensee of this state who holds a valid license as a funeral director or embalmer issued by another state may satisfy continuing education requirements through reciprocity, if the out-of-state credits meet the minimum standard requirements of this chapter.
Acts 1997, ch. 275, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 6 - CONTINUING EDUCATION (§§ 62-5-601 — 62-5-611) › Section 62-5-603 - Approval of courses - Qualification

A continuing education course or workshop shall be qualified for approval if the board determines that it:
(1)
Constitutes an organized program of learning, including a symposium, that contributes directly to the professional competency of the licensee;
(2)
Is related to the practice of mortuary science or funeral directing;
(3)
Is conducted by individuals considered experts in the subject matter of the program by reason of education, training or experience; and
(4)
Is accompanied by a paper, manual or written outline that substantially describes the subject matter of the program.
Acts 1997, ch. 275, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 6 - CONTINUING EDUCATION (§§ 62-5-601 — 62-5-611) › Section 62-5-604 - Credit for serving as lecturer or discussion leader

A licensee who serves as a lecturer or discussion leader of an approved continuing education course or workshop may satisfy up to twenty-five percent (25%) of the continuing education requirement. Repetitious presentations shall be counted once.
Acts 1997, ch. 275, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 6 - CONTINUING EDUCATION (§§ 62-5-601 — 62-5-611) › Section 62-5-605 - Application for approval - Reports

(a)
Any organization or individual wishing to hold seminars with employees or other licensees shall:
(1)
Submit to the board no less than sixty (60) days from the planned event an application supplied by the board outlining the event, speaker and course description; provided, that for good cause, an amendment to the application may be submitted to the board no less than thirty (30) days from the planned event; and
(2)
Upon completion of an application, be notified of the approval or disapproval of the course a minimum of thirty (30) days before the courses are offered, or upon completion of an amendment, be notified of the approval or disapproval of the amendment a minimum of ten (10) days before the courses are offered; and
(3)
Following a seminar, submit paperwork within thirty (30) days with the following information:
(A)
Name of person attending;
(B)
License number;
(C)
Date of attendance; and
(D)
Hours completed.
(b)
The board may waive the requirements of subsection (a) and approve continuing education courses for good cause shown.
Acts 1997, ch. 275, § 6; 2001, ch. 187, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 6 - CONTINUING EDUCATION (§§ 62-5-601 — 62-5-611) › Section 62-5-606 - Written list of approved courses

The board may annually or on request provide licensees with a written list of approved continuing education courses. This list shall include course offerings not only in this state but also other states as deemed necessary by the board in order to make available a wide variety of courses and offerings to its licensees.
Acts 1997, ch. 275, § 7.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 6 - CONTINUING EDUCATION (§§ 62-5-601 — 62-5-611) › Section 62-5-607 - Review of approved courses

(a)
Each continuing education course approved by the board may subsequently be reviewed and, upon evidence of significant variation from the program application submitted, all or any part of the approved hours may be disapproved.
(b)
The board or its representative shall be admitted to continuing education courses at no charge in order to monitor the licensees present, the content of the course and supporting paperwork.
Acts 1997, ch. 275, § 8.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 6 - CONTINUING EDUCATION (§§ 62-5-601 — 62-5-611) › Section 62-5-608 - Oversight committee

(a)
The board may appoint a committee to oversee the application process and monitoring of continuing education programs.
(b)
In the event of a denial, in whole or in part, of any application for accreditation or approval of a continuing education course or workshop, the applicant or licensee shall have a right to a conference before the continuing education committee of the board. If dissatisfied with the ruling of the committee, the applicant or licensee may be granted a conference before the full board.
Acts 1997, ch. 275, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 6 - CONTINUING EDUCATION (§§ 62-5-601 — 62-5-611) › Section 62-5-609 - Proof of coursework required for license renewal

Each applicant for renewal of a funeral director's or embalmer's license in this state shall submit the renewal fee accompanied by written proof of each continuing education course or courses the person has attended during the previous two (2) years. No applications for renewal will be considered without complete documentation of the continuing education hours and the renewal fee, unless exempted by this chapter.
Acts 1997, ch. 275, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 6 - CONTINUING EDUCATION (§§ 62-5-601 — 62-5-611) › Section 62-5-610 - Failure to meet requirements - Falsification of course records

(a)
The license of any funeral director or embalmer who has not met the continuing education requirements prescribed in this chapter shall not be renewed.
(b)
Any licensee who submits credits for continuing education hours not attended or incomplete or submits falsified information shall be subject to discipline by the board.
Acts 1997, ch. 275, § 11.