reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 4 - TENNESSEE COSMETOLOGY ACT OF 1986 (§§ 62-4-101 — 62-4-217) › Part 2 - COSMETOLOGY LICENSURE COMPACT (§§ 62-4-201 — 62-4-217) › Section 62-4-205 - State participation in the compact

(a)
To be eligible to join this compact, and to maintain eligibility as a member state, a state must:
(1)
License and regulate cosmetology;
(2)
Have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state;
(3)
Require that licensees within that state pass a cosmetology competency examination prior to being licensed to provide cosmetology services to the public in that state;
(4)
Require that licensees satisfy educational or training requirements in cosmetology prior to being licensed to provide cosmetology services to the public in that state;
(5)
Implement procedures for considering one (1) or more of the following categories of information from applicants for licensure: criminal history, disciplinary history, or background check. Such procedures may include the submission of information by applicants for the purpose of obtaining an applicant's background check as defined in this compact;
(6)
Participate in the data system, including through the use of unique. identifying numbers;
(7)
Share information related to adverse actions with the commission and other member states, both through the data system and otherwise;
(8)
Notify the commission and other member states, in compliance with the terms of this compact and rules of the commission, of the existence of investigative information or current significant investigative information in the state's possession regarding a licensee practicing in that state;
(9)
Comply with such rules as may be enacted by the commission to administer this compact; and
(10)
Accept licensees from other member states as established in this compact.
(b)
Member states may charge a fee for granting a license to practice cosmetology.
(c)
Individuals not residing in a member state must continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals must not be recognized as granting a multistate license to provide services in any other member state.
(d)
Nothing in this compact affects the requirements established by a member state for the issuance of a single-state license.
(e)
A multistate license issued to a licensee by a home state to a resident of that state must be recognized by each member state as authorizing a licensee to practice cosmetology in each member state.
(f)
At no point shall the commission have the power to define the educational or professional requirements for a license to practice cosmetology. The member states must retain sole jurisdiction over the provision of these requirements.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 4 - TENNESSEE COSMETOLOGY ACT OF 1986 (§§ 62-4-101 — 62-4-217) › Part 2 - COSMETOLOGY LICENSURE COMPACT (§§ 62-4-201 — 62-4-217) › Section 62-4-206 - Issuance of a multistate license

(a)
To be eligible to apply to their home state's state licensing authority for an initial multistate license under this compact, a licensee must hold an active and unencumbered single-state license to practice cosmetology in their home state.
(b)
Upon the receipt of an application for a multistate license, according to the rules of the commission, a member state's state licensing authority must ascertain whether the applicant meets the requirements for a multistate license under this compact.
(c)
If an applicant meets the requirements for a multistate license under this compact and any applicable rules of the commission, then the state licensing authority in receipt of the application must, within a reasonable time, grant a multistate license to that applicant, and inform all member states of the grant of said multistate license.
(d)
A multistate license to practice cosmetology issued by a member state's state licensing authority must be recognized by each member state as authorizing the practice thereof as though that licensee held a single-state license to do so in each member state, subject to the restrictions in this compact.
(e)
A multistate license granted pursuant to this compact may be effective for a definite period of time, concurrent with the licensure renewal period in the home state.
(f)
To maintain a multistate license under this compact, a licensee must:
(1)
Agree to abide by the rules of the state licensing authority, and the state scope of practice laws governing the practice of cosmetology, of any member state in which the licensee provides services;
(2)
Pay all required fees related to the application and process, and any other fees that the commission may by rule require; and
(3)
Comply with any and all other requirements regarding multistate licenses that the commission may by rule provide.
(g)
A licensee practicing in a member state is subject to all scope of practice laws governing cosmetology services in that state.
(h)
The practice of cosmetology under a multistate license granted pursuant to this compact subjects the licensee to the jurisdiction of the state licensing authority, the courts, and the laws of the member state in which the cosmetology services are provided.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 4 - TENNESSEE COSMETOLOGY ACT OF 1986 (§§ 62-4-101 — 62-4-217) › Part 2 - COSMETOLOGY LICENSURE COMPACT (§§ 62-4-201 — 62-4-217) › Section 62-4-207 - Reissuance of a multistate license by a new home state

(a)
A licensee may hold a multistate license, issued by their home state, in only one (1) member state at any given time.
(b)
If a licensee changes their home state by moving between two (2) member states, then:
(1)
The licensee must immediately apply for the reissuance of their multistate license in their new home state. The licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the commission;
(2)
Upon receipt of an application to reissue a multistate license, the new home state must verify that the multistate license is active, unencumbered, and eligible for reissuance under the terms of this compact and the rules of the commission. The multistate license issued by the prior home state must be deactivated and all member states notified in accordance with the applicable rules adopted by the commission;
(3)
If required for initial licensure, the new home state may require a background check as specified in the laws of that state, or the compliance with any jurisprudence requirements of the new home state; and
(4)
Notwithstanding any other provision of this compact, if a licensee does not meet the requirements set forth in this compact for the reissuance of a multistate license by the new home state, then the licensee is subject to the new home state requirements for the issuance of a single-state license in that state.
(c)
If a licensee changes their primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, then the licensee is subject to the state requirements for the issuance of a single-state license in the new home state.
(d)
Nothing in this compact interferes with a licensee's ability to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee must have only one (1) home state, and only one (1) multistate license.
(e)
Nothing in this compact interferes with the requirements established by a member state for the issuance of a single-state license.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 4 - TENNESSEE COSMETOLOGY ACT OF 1986 (§§ 62-4-101 — 62-4-217) › Part 2 - COSMETOLOGY LICENSURE COMPACT (§§ 62-4-201 — 62-4-217) › Section 62-4-208 - Licensing authority of the compact commission and member state

(a)
Nothing in this compact, nor any rule or regulation of the commission, must be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of cosmetology in that state, where those laws, regulations, or other rules are not inconsistent with this compact.
(b)
Insofar as practical, a member state's state licensing authority shall cooperate with the commission and with each entity exercising independent regulatory authority over the practice of cosmetology according to this compact.
(c)
Discipline is the sole responsibility of the state in which cosmetology services are provided. Accordingly, each member state's state licensing authority is responsible for receiving complaints about individuals practicing cosmetology in that state, and for communicating all relevant investigative information about any such adverse action to the other member states through the data system in addition to any other methods the commission may by rule require.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 4 - TENNESSEE COSMETOLOGY ACT OF 1986 (§§ 62-4-101 — 62-4-217) › Part 2 - COSMETOLOGY LICENSURE COMPACT (§§ 62-4-201 — 62-4-217) › Section 62-4-210 - Military families

Active military members, or their spouses, shall designate a home state where the individual has a current license to practice cosmetology in good standing. The individual may retain their home state designation during any period of service when that individual or their spouse is on active duty assignment.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 4 - TENNESSEE COSMETOLOGY ACT OF 1986 (§§ 62-4-101 — 62-4-217) › Part 2 - COSMETOLOGY LICENSURE COMPACT (§§ 62-4-201 — 62-4-217) › Section 62-4-212 - Data system

(a)
The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system.
(b)
The commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the commission.
(c)
Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1)
Identifying information;
(2)
Licensure data;
(3)
Adverse actions against a license and information related thereto;
(4)
Non-confidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation;
(5)
Any denial of application for licensure, and the reasons for such denial, excluding the reporting of any criminal history record information where prohibited by law;
(6)
The existence of investigative information;
(7)
The existence of current significant investigative information; and
(8)
Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.
(d)
The records and information provided to a member state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, constitute the authenticated business records of the commission, and are entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state.
(e)
The existence of current significant investigative information and the existence of investigative information pertaining to a licensee in any member state must only be available to other member states.
(f)
It is the responsibility of the member states to monitor the database to determine whether adverse action has been taken against such a licensee or license applicant. Adverse action information pertaining to a licensee or license applicant in any member state must be available to any other member state.
(g)
Member states contributing information to the data system may designate information that must not be shared with the public without the express permission of the contributing state.
(h)
Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information must be removed from the data system.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 4 - TENNESSEE COSMETOLOGY ACT OF 1986 (§§ 62-4-101 — 62-4-217) › Part 2 - COSMETOLOGY LICENSURE COMPACT (§§ 62-4-201 — 62-4-217) › Section 62-4-216 - Construction and severability

(a)
This compact and the commission's rulemaking authority must be liberally construed so as to effectuate the purposes and the implementation and administration of this compact. Provisions of this compact expressly authorizing or requiring the promulgation of rules must not be construed to limit the commission's rulemaking authority solely for those purposes.
(b)
The provisions of this compact are severable and, if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, then the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance must not be affected thereby.
(c)
Notwithstanding subsection (b), the commission may deny a state's participation in this compact or, in accordance with the requirements of § 62-4-214, terminate a member state's participation in this compact, if it determines that a constitutional requirement of a member state is a material departure from this compact. Otherwise, if this compact is held to be contrary to the constitution of any member state, then the compact must remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 4 - TENNESSEE COSMETOLOGY ACT OF 1986 (§§ 62-4-101 — 62-4-217) › Part 2 - COSMETOLOGY LICENSURE COMPACT (§§ 62-4-201 — 62-4-217) › Section 62-4-217 - Consistent effect and conflict with other state laws

(a)
Nothing in this compact prevents or inhibits the enforcement of any other law of a member state that is not inconsistent with this compact.
(b)
Any laws, statutes, regulations, or other. legal requirements in a member state in conflict with this compact are superseded to the extent of the conflict.
(c)
All permissible agreements between the commission and the member states are binding in accordance with their terms.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
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 1 - GENERAL PROVISIONS (§§ 62-5-101 — 62-5-108) › Section 62-5-102 - Persons exempt from chapter

Nothing in this chapter shall be constituted to prevent or interfere with the ceremonies, customs, religious rites or religion of any people, denomination or sect, to prevent or interfere with any religious denomination, sect or any body composed of persons of a denomination, or to prevent or interfere with any church or synagogue from having its committee or committees prepare human bodies for burial or to the families, friends or neighbors of deceased persons who prepare and bury their dead without charge.
Acts 1951, ch. 13, § 16 (Williams, § 7140.16); T.C.A. (orig. ed.), § 62-526; Acts 1997, ch. 169, § 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 1 - GENERAL PROVISIONS (§§ 62-5-101 — 62-5-108) › Section 62-5-103 - Penalty for violations

(a)
A violation of this chapter is a Class C misdemeanor.
(b)
It is the duty of the district attorney general to prosecute violations of this chapter.
Acts 1951, ch. 13, § 21 (Williams, § 7140.21); T.C.A. (orig. ed.), § 62-527; Acts 1989, ch. 591, § 113.
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 1 - GENERAL PROVISIONS (§§ 62-5-101 — 62-5-108) › Section 62-5-104 - Description of funeral merchandise

(a)
All receptacles and containers used for burial, entombment or other final disposition of a dead human body or the remains of a dead human body shall bear in a conspicuous location on the outside, concise wording describing the material of which the receptacle or container is formed or manufactured, such as, but not limited to, 20 gauge steel, 32 oz. copper, solid oak, 12 gauge steel, reinforced concrete, preformed concrete, soft wood box, etc.
(b)
Every person who violates this section commits a Class A misdemeanor, and upon conviction, shall be fined no less than one hundred dollars ($100) nor more than five hundred dollars ($500) per violation or shall be imprisoned for no less than ten (10) days nor more than ninety (90) days per violation, or both.
(c)
In addition to the other remedies, an action of injunction may be brought and maintained by the state of Tennessee or any other interested party or parties to enjoin the violation of this section.
Acts 1972, ch. 553, § 4; T.C.A., §§ 62-536 -- 62-538; Acts 1989, ch. 591, §§ 1, 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 1 - GENERAL PROVISIONS (§§ 62-5-101 — 62-5-108) › Section 62-5-105 - Hearings and judicial review

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter.
Acts 1980, ch. 451, § 11; T.C.A., § 62-539.
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 1 - GENERAL PROVISIONS (§§ 62-5-101 — 62-5-108) › Section 62-5-106 - Advertisements

Any advertisement by a funeral director or embalmer for the sale of merchandise or services that indicates a specific price shall include an itemized listing of each and every item, procedure or service and shall show the price of the item. Failure to include the itemized price listing in any advertisement constitutes misrepresentation or fraud in the conduct of the business of the funeral establishment or false and misleading advertising as used in §
62-5-317
.
Acts 1984, ch. 533, § 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 1 - GENERAL PROVISIONS (§§ 62-5-101 — 62-5-108) › Section 62-5-107 - Utilization of licensed crematory facilities by funeral directors - Penalty for violation - Limited civil liability

(a)
A funeral director shall utilize the services only of licensed crematory facilities.
(b)
If a funeral director utilizes the services of a crematory outside of this state, the crematory must be a licensed facility of the state in which the crematory is located.
(c)
Prior to utilizing a crematory, the funeral director shall:
(1)
Determine that the crematory is currently licensed in this state or, if an out-of-state crematory, the state in which it is located;
(2)
Obtain and maintain a copy of the crematory's current license and further maintain a copy of the results of the latest regularly scheduled inspection of the crematory by the state in which the facility is located, if that state inspects crematories; and
(3)
Deliver a written disclosure to the authorizing agent or agents. The written disclosure shall, at a minimum:
(A)
Include the name, telephone number and address of the in-state or out-of-state crematory;
(B)
Provide for the specific consent of the authorizing agent or agents for the use of the in-state or out-of-state crematory;
(C)
Be signed and dated by the funeral director and the authorizing agent or agents; and
(D)
Be retained by the Tennessee funeral director at a licensed Tennessee funeral establishment, with a copy provided to the authorizing agent or agents.
(d)
Notwithstanding §
62-5-103
, a violation for each use of an unlicensed crematory pursuant to this section shall be punishable only as provided by §§
56-1-308
and
62-5-317
and any rules promulgated under §§
56-1-308
and
62-5-317
.
(e)
(1)
The funeral director shall not be liable for damages in a civil action for any error, inaccuracy or omission of any information delivered pursuant to this section if:
(A)
The error, inaccuracy or omission was based upon information provided by public agencies or by other individuals or entities providing information that is required to be disclosed pursuant to this section; and
(B)
The funeral director was not grossly negligent in obtaining the information from a third party and transmitting the information as required under this section.
(2)
It is an affirmative defense in any such civil action that the funeral director complied with the requirements of this section upon submitting to the court copies of the signed consent form and the license and inspection results of the in-state or out-of-state crematory used by the funeral director for the cremation of the dead human body or body parts that is the subject of the civil action.
Acts 2002, ch. 809, § 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 1 - GENERAL PROVISIONS (§§ 62-5-101 — 62-5-108) › Section 62-5-108 - Display of license on crematory vehicles transporting remains

(a)
Any vehicle that transports a dead human body or body parts from a funeral establishment in this state to a crematory, other than a vehicle that is owned or operated by a funeral establishment and has the name of the funeral establishment on the outside of the vehicle, shall display a copy of the crematory's current license in the vehicle in such a way as to be visible from the outside of the vehicle during the time the body or body parts are in the vehicle.
(b)
This requirement is solely to provide notice to the funeral establishment that the dead human body or body parts are being released to the proper parties for the cremation of the body or body parts and no criminal penalty shall apply if the license is not so displayed.
Acts 2002, ch. 809, § 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 2 - BOARD OF FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-201 — 62-5-208) › Section 62-5-201 - Creation - Appointment and terms of members

(a)
There is created a state board to be known and designated as the board of funeral directors and embalmers for this state. The board shall consist of seven (7) members who shall possess good moral character, shall be residents of the state and shall be appointed by the governor. Four (4) of the members shall be licensed as both funeral directors and embalmers and two (2) of the members shall be licensed as funeral directors, embalmers, or both, all of whom shall possess a minimum of five (5) consecutive years' experience in this state immediately preceding their appointment. At least one (1) member may be appointed from lists of qualified nominees submitted by interested funeral director and embalmer groups including, but not limited to, the Tennessee Funeral Directors Association. At least one (1) member may be appointed from lists of qualified nominees submitted by interested funeral director and mortician groups including, but not limited to, the Tennessee State Funeral Directors and Morticians Association. The governor shall consult with such interested groups to determine qualified persons to fill the positions. One (1) of the seven (7) members serving on the board shall be a person who is not engaged in the business of a funeral director or embalmer or otherwise commercially associated with any funeral establishment. There shall be at least two (2) members but no more than three (3) members from each grand division. In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(b)
On January 1 of each year, the governor shall appoint a person who shall serve as a member of the board for a period of four (4) years or until a successor is appointed and qualified. It is the purpose of this section that at least one (1) member shall retire from the board at the end of each year, thereby creating a rotating board.
(c)
A member of the board shall not be eligible for at least one (1) term for reappointment to membership on the board.
(d)
Vacancies occurring on the board shall be filled in accordance with this section for the balance of the unexpired term.
Amended by 2015 Tenn. Acts, ch. 161,s 1, eff. 4/16/2015.
Acts 1951, ch. 13, § 3 (Williams, § 7140.3); Acts 1959, ch. 314, § 1; 1980, ch. 554, § 3; T.C.A. (orig. ed.), § 62-502; Acts 1988, ch. 1013, § 29; 1991, ch. 284, § 1; 2012, ch. 694, § 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 2 - BOARD OF FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-201 — 62-5-208) › Section 62-5-202 - Oath of members

Members of the board, before entering upon their duties, shall take and subscribe to the oath of office provided for state officers.
Acts 1951, ch. 13, § 4 (Williams, § 7140.4); T.C.A. (orig. ed.), § 62-503.
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 2 - BOARD OF FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-201 — 62-5-208) › Section 62-5-203 - President - Rules and regulations

The board has the power to select from its members a president and vice president, to adopt, promulgate, and enforce rules and regulations to effectuate this chapter, to transact its business, and to establish standards of service, practice, and education for licensees, consistent with the laws of this state.
Amended by 2014 Tenn. Acts, ch. 690,s 1, eff. 4/15/2014.
Acts 1951, ch. 13, § 4 (Williams, § 7140.4); Acts 1967, ch. 372, § 1; 1973, ch. 37, § 1; 1976, ch. 806, § 1(103); 1978, ch. 906, § 16; 1980, ch. 554, § 4; T.C.A. (orig. ed.), § 62-504.
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 2 - BOARD OF FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-201 — 62-5-208) › Section 62-5-205 - Executive director

The director of the division of regulatory boards or the director's designee shall serve as executive director for the board and shall provide all administrative functions for the board.
Acts 1951, ch. 13, § 4 (Williams, § 7140.4); Acts 1967, ch. 372, § 2; 1975, ch. 236, § 1; 1978, ch. 906, § 17; 1978, ch. 924, § 4; T.C.A. (orig. ed.), § 62-505; Acts 1996, ch. 742, § 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 2 - BOARD OF FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-201 — 62-5-208) › Section 62-5-206 - Meetings - Quorum

(a)
The board may hold meetings that it may deem necessary; provided, that all members have been notified in writing of the meetings and may transact any business at any such meeting.
(b)
Four (4) or more members shall comprise a quorum authorizing the board to transact the business prescribed under this chapter.
Acts 1951, ch. 13, § 5 (Williams, § 7140.5); Acts 1975, ch. 165, § 9; 1976, ch. 806, § 1(103); 1978, ch. 906, § 18; 1980, ch. 554, § 5; T.C.A. (orig. ed.), § 62-506; Acts 1999, ch. 20, § 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 2 - BOARD OF FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-201 — 62-5-208) › Section 62-5-207 - Revenues and expenses

(a)
All fees, penalties and other moneys derived from the operation of this chapter shall be paid to the board and shall be used by it for the purpose of defraying the necessary expenses of the board in the administration of this chapter.
(b)
The moneys received by the board over and above the expenses of the board shall be paid into the state treasury.
Acts 1951, ch. 13, § 22 (Williams, § 7140.22); T.C.A. (orig. ed.), § 62-507.
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 2 - BOARD OF FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-201 — 62-5-208) › Section 62-5-208 - Power to conduct inspections and investigate complaints

(a)
Notwithstanding any provision of this chapter or rule to the contrary, the board is authorized to conduct inspections and investigate complaints to enforce this chapter.
(b)
The board, utilizing an authorized representative licensed as a funeral director and embalmer, shall:
(1)
Inspect a funeral establishment making application to the board for initial licensure, change of ownership, or change of location, prior to approving the application; provided, if the establishment to be inspected is a crematory facility, the authorized representative shall also be certified as a crematory operator; and
(2)
Conduct an unannounced inspection of every funeral establishment each year. The following provisions apply to inspections required by this subdivision (b)(2):
(A)
Inspections shall be conducted on weekdays between the hours of eight o'clock a.m. (8:00 a.m.) and four-thirty p.m. (4:30 p.m.);
(B)
Inspections shall be limited in scope to items in an inspection checklist that shall be published on the board's website; provided, that violations of other items that are plainly visible may be documented; and
(C)
If a funeral establishment is unable to participate due to factors not reasonably within its control, the authorized representative may defer the inspection, or a portion thereof, and the funeral establishment shall not incur a reinspection fee.
(c)
During the course of inspections, reasonable care shall be used to avoid disruption to invitees being served by the funeral establishment.
(d)
A licensee shall not unreasonably fail to cooperate with an authorized representative acting in accordance with this chapter.
Amended by 2015 Tenn. Acts, ch. 161,s 2, eff. 4/16/2015.
Added by 2014 Tenn. Acts, ch. 690,s 2, eff. 4/15/2014.
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 3 - LICENSING (§§ 62-5-301 — 62-5-318) › Section 62-5-301 - Publication of examination rules

The board of funeral directors and embalmers shall publish its rules and regulations covering subjects to be included in all examinations, the method of conducting the examinations and other matters pertaining to the examinations.
Acts 1951, ch. 13, § 7 (Williams, § 7140.7); T.C.A. (orig. ed.), § 62-508; Acts 2001, ch. 188, § 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 62-5-302 - Preservation of examination papers

All manuscripts submitted in answer to questions on any examination provided in this chapter shall be kept on file for at least sixty (60) days after the results are announced by the board, shall be made available to the applicant for examination in the presence of a member of the board or representatives of the examination testing service and shall be made available in case the applicant desires to contest the results.
Acts 1951, ch. 13, § 6 (Williams, § 7140.6); T.C.A. (orig. ed.), § 62-509; Acts 2001, ch. 188, § 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 3 - LICENSING (§§ 62-5-301 — 62-5-318) › Section 62-5-303 - Licensing requirement

(a)
(1)
In order to safeguard life and health and to prevent the spread of contagious diseases and to improve sanitary conditions and public health generally, it is required that only properly qualified persons shall engage in funeral directing, embalming and operating of a funeral establishment.
(2)
Any person engaged in funeral directing, embalming and operating of a funeral establishment in this state shall be licensed by the board created in part 2 of this chapter prior to engaging in funeral directing, embalming and operating of a funeral establishment.
(b)
It is unlawful for any person to engage in, or offer to engage in, either funeral directing, embalming or operation of a funeral establishment unless the person or business has been duly licensed under this chapter.
Acts 1951, ch. 13, § 1 (Williams, § 7140.1); Acts 1968, ch. 542, § 2; T.C.A. (orig. ed.), § 62-510.
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 62-5-304 - Application for funeral establishment license

(a)
Every person, partnership, firm, association or corporation desiring to commence the operation of a funeral establishment after January 1, 2008, shall make application to the board, along with payment of a nonrefundable fee as set by the board.
(b)
All applications shall show the:
(1)
Name of establishment;
(2)
Address of establishment;
(3)
Owner or owners of establishment;
(4)
Name and address of the licensed funeral director who will act as manager of the funeral establishment;
(5)
Names and addresses of all licensed funeral directors and embalmers, designating whether they are part-time or full-time employees; and
(6)
Names of all unlicensed assistants.
(c)
Each establishment location shall be licensed separately from any other funeral establishment.
Acts 1968, ch. 542, § 3; T.C.A., § 62-511; Acts 1989, ch. 523, § 149; 2007, ch. 297, § 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 62-5-305 - Application for funeral director's license - Apprenticeship

(a)
Every person not previously licensed in this state as a funeral director, desiring to engage in the practice or business of funeral directing, shall make application to the board, along with a nonrefundable fee as set by the board.
(b)
The application shall contain the name of the applicant, showing that the applicant:
(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)
Is properly protected against communicable diseases, either through immunization or education;
(5)
Has graduated from a high school or has earned a high school equivalency credential approved by the state board of education;
(6)
Has successfully completed a program of study in funeral service education consisting of no less than thirty (30) semester hours, forty-five (45) quarter hours or the equivalent from a school accredited by the American Board of Funeral Service Education and evidenced by an official transcript; and
(7)
Has completed two (2) years of apprenticeship in the presence of and under the direction and supervision of a licensed funeral director. An associate's degree from a college accredited by the American Board of Funeral Service Education may be substituted for one (1) year of apprenticeship.
Amended by 2023 Tenn. Acts, ch. 114,s 42, eff. 7/1/2023.
Amended by 2020 Tenn. Acts, ch. 625, s 2, eff. 3/25/2020.
Amended by 2016 Tenn. Acts, ch. 838, s 9, eff. 7/1/2016.
Acts 1951, ch. 13, § 8 (Williams, § 7140.8); Acts 1971, ch. 161, § 2; 1973, ch. 35, § 1; 1980, ch. 554, § 6; T.C.A. (orig. ed.), § 62-512; Acts 1985, ch. 354, § 7; 1989, ch. 523, § 150; 2001, ch. 188, §§ 5 - 8; 2007 , ch. 297, § 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 3 - LICENSING (§§ 62-5-301 — 62-5-318) › Section 62-5-306 - Examination for funeral directors - Issuance of license

(a)
In addition to the qualifications listed in §
62-5-305
, every person desiring to enter into the practice of funeral directing, except as otherwise provided in this chapter, shall pass an examination to determine the applicant's knowledge and fitness for the practice of funeral directing as required by this chapter.
(b)
The board shall determine the subjects of examination and their scope, content and character, which in any examination shall be the same for all applicants. Examinations shall be held no less than twice each year, and the board shall give thirty (30) days' notice in advance of the time and place of the examinations.
(c)
If the board finds upon examination that the applicant has a reasonable knowledge of sanitation and disinfection of premises, clothing, bedding and other articles subject to contagion and infection, has a reasonable knowledge of the sanitation and disinfection of bodies of diseased persons where death was caused by infectious diseases or communicable diseases, has all the requirements and qualifications stated in this chapter and has complied with all the rules and regulations of the board applying to funeral directors, the board shall, upon receipt of a fee as set by the board, issue to the applicant a license to practice funeral directing.
(d)
The current license of each funeral director shall be available for inspection in the office of the funeral establishment in which the funeral director works. If a funeral director works in more than one (1) establishment, the funeral director shall obtain from the board, for a fee established by the board, the number of duplicate licenses necessary to have a license available for inspection at each establishment at which the funeral director works.
Acts 1951, ch. 13, § 9 (Williams, § 7140.9); T.C.A. (orig. ed.), § 62-513; Acts 1985, ch. 354, § 8; 1989, ch. 523, § 151; 1991, ch. 523, § 1; 2001, ch. 188, §§ 3, 9, 15.
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 62-5-307 - Application for embalmer's license - Apprenticeship

(a)
No person shall be granted a license to engage in the practice of embalming dead human bodies within this state unless the person makes application to the board for the license, along with a nonrefundable fee as set by the board.
(b)
The application shall contain the name of the applicant, showing that the applicant:
(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)
Is properly protected against communicable disease, either through immunization or education;
(5)
Has graduated from a high school or has earned a high school equivalency credential approved by the state board of education;
(6)
Has obtained an associate degree by successfully completing a mortuary science program consisting of not less than sixty (60) semester hours, ninety (90) quarter hours or the equivalent, with a program accredited by the American Board of Funeral Service Education and evidenced by an official transcript; and
(7)
Has completed one (1) year of apprenticeship in the presence of and under the direction and supervision of a licensed embalmer.
Amended by 2023 Tenn. Acts, ch. 114,s 43, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 161, Secs.s 1, s 2 eff. 4/18/2019.
Acts 1951, ch. 13, § 11 (Williams, § 7140.11); Acts 1973, ch. 36, § 1; 1973, ch. 39, § 1; 1980, ch. 554, § 7; T.C.A. (orig. ed.), § 62-514; Acts 1985, ch. 354, § 9; 1989, ch. 523, § 152; 2001, ch. 188, §§ 10, 11; 2007 , ch. 297, § 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 3 - LICENSING (§§ 62-5-301 — 62-5-318) › Section 62-5-308 - Embalmers' examination - Issuance of license

(a)
In addition to the qualifications listed in §
62-5-307
, every person desiring to enter into the practice of embalming, except as provided in this chapter, shall pass an examination to determine the person's knowledge and fitness for the practice of embalming, as required by this chapter.
(b)
The board shall determine the subjects of examination and their scope, content and character, which in any examination shall be the same for all applicants. Examinations shall be held no less than twice each year, and the board shall give thirty (30) days' notice in advance of the time and place of the examinations.
(c)
Upon examination, if the board finds that the applicant meets the requirements of age, citizenship, moral character, education, experience and having successfully passed the examination, the board shall, upon receipt of a fee as set by the board, issue a license to an applicant to engage in the practice of embalming.
(d)
The current license of each embalmer shall be available for inspection in the office of the funeral establishment in which the embalmer works. If an embalmer works in more than one (1) establishment, the embalmer shall obtain from the board, for a fee established by the board, the number of duplicate licenses necessary to have a license available for inspection at each establishment at which the embalmer works.
Acts 1951, ch. 13, § 12 (Williams, § 7140.12); T.C.A. (orig. ed.), § 62-515; Acts 1985, ch. 354, § 10; 1989, ch. 523, § 153; 2001, ch. 188, §§ 4, 12, 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 3 - LICENSING (§§ 62-5-301 — 62-5-318) › Section 62-5-309 - Practice by unregistered persons prohibited

(a)
It is unlawful for any person not a registered funeral director or embalmer to engage in funeral directing or embalming.
(b)
It is unlawful for any person, partnership, firm, association or corporation not licensed as provided in this chapter to engage in the operation of a funeral establishment.
Acts 1951, ch. 13, § 13 (Williams, § 7140.13); Acts 1968, ch. 542, § 3; T.C.A. (orig. ed.), § 62-516.
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 62-5-310 - Licenses to establishments operating before 1969

(a)
(1)
[Deleted by 2020 amendment.]
(2)
[Deleted by 2020 amendment.]
(3)
Any person on February 8, 1951, who was employed as an embalmer by a funeral director in this state, shall be entitled to take the examination prescribed in this chapter upon application to the board, prior to July 1, 1972, notwithstanding any other requirement.
(b)
Any person, partnership, firm, association or corporation actively engaged in the operation of a funeral establishment on or before December 31, 1968, shall be granted a license for the operation of a funeral home establishment upon application accompanied by payment of a fifteen dollar ($15.00) fee; provided, that the applicant has complied with every other provision of this chapter and rules and regulations that the board may adopt in pursuance of this chapter.
(c)
Any person who on January 1, 1960, held a license granted by authority of this state to engage in the profession of embalming and who is no longer so licensed for the sole reason that the person voluntarily chose not to pay the license renewal fee shall not be required to submit to an examination but shall be entitled to receive a license upon the same terms and conditions as are provided in this chapter for the renewal of licenses of those who are licensed under this chapter; provided, that the person pays all license renewal fees that would have been required from the date the license was allowed to lapse until the date application for renewal pursuant to this subsection (c) is made.
Amended by 2020 Tenn. Acts, ch. 625, s 1, eff. 3/25/2020.
Acts 1951, ch. 13, § 18 (Williams, § 7140.18); Acts 1959, ch. 198, § 1; 1968, ch. 542, § 3; 1972, ch. 553, § 2; 1972, ch. 847, § 1; T.C.A. (orig. ed.), § 62-517; Acts 1992, ch. 699, § 1.