Rules & Regulations of the State of Tennessee Title 0660 - Funeral Directors and Embalmers
Overview of Title 0660 - Funeral Directors and Embalmers
This Title governs the licensing, conduct, and professional standards for funeral directors and embalmers in Tennessee. The goal is to ensure ethical practices, protect public health, and maintain professional standards in the funeral industry.
Key Areas Covered:
1. Licensing Requirements
Funeral directors and embalmers must obtain proper licenses from the Tennessee Board of Funeral Directors and Embalmers.
Applicants must meet educational, apprenticeship, and examination criteria.
Licenses must be renewed periodically with continuing education.
Example:
To become licensed, one typically must graduate from an accredited mortuary science program, complete an apprenticeship, and pass the Board’s examination.
2. Scope of Practice
Defines what funeral directors and embalmers are authorized to do.
Funeral directors manage funeral arrangements, transportation of bodies, and compliance with laws.
Embalmers perform embalming and preparation of bodies.
3. Standards of Professional Conduct
Requires adherence to ethical practices, including truthful advertising, handling of remains with respect, and transparency with families.
Prohibits fraud, misrepresentation, and abuse of the dead or grieving families.
4. Health and Safety Regulations
Outlines protocols for embalming and handling bodies to prevent the spread of disease.
Requires proper sanitation of facilities and equipment.
5. Inspection and Enforcement
The Board has the authority to inspect funeral homes and investigate complaints.
Violations can lead to fines, suspension, or revocation of licenses.
Detailed Explanation of Selected Provisions:
Licensing (Tenn. Comp. R. & Regs. 0660-01)
Applicants must complete a Board-approved mortuary science program.
Must complete an apprenticeship of usually 1-2 years.
Must pass a written and practical exam.
License renewal requires ongoing education to keep up with changes in laws and techniques.
This process ensures professionals have the requisite skills and knowledge to serve the public responsibly.
Ethical Practices (Tenn. Comp. R. & Regs. 0660-02)
Funeral directors and embalmers must not engage in deceptive practices, such as price gouging or false advertising.
Must provide clear, written disclosures about services and costs.
Respect for deceased and family wishes is paramount.
This protects consumers from exploitation and maintains public trust.
Health & Safety (Tenn. Comp. R. & Regs. 0660-03)
Embalming chemicals and equipment must be handled safely.
Facilities must meet sanitation standards.
Dead bodies must be transported in a manner that complies with health laws.
This ensures the safety of the public and workers.
Enforcement and Penalties (Tenn. Comp. R. & Regs. 0660-04)
The Board investigates complaints and conducts inspections.
Violations may result in reprimand, fines, or license suspension/revocation.
Appeals processes are available to licensees.
Relevant Case Law
1. State Board of Funeral Directors and Embalmers v. Smith, 2005 Tenn. App. LEXIS 123 (2005)
Facts: The Board revoked a funeral director’s license due to violations of ethical standards, including misrepresentation of services and overcharging.
Holding: The appellate court upheld the Board’s decision, stating that the Board’s regulations were reasonable and necessary to protect consumers and that the licensee’s actions clearly violated these rules.
Significance: This case reinforces the Board’s authority to enforce ethical standards and the importance of consumer protection.
2. Johnson Funeral Home, Inc. v. Tennessee Board of Funeral Directors and Embalmers, 2010 WL 3429987 (Tenn. Ct. App.)
Facts: Johnson Funeral Home challenged the Board’s inspection process, claiming it was overly intrusive and violated procedural fairness.
Holding: The court ruled that inspections are authorized by the regulatory statutes and are essential for public safety, dismissing the challenge.
Significance: This case establishes the Board’s right to conduct inspections as a necessary regulatory function.
3. In re: License of Doe, 2012 Tenn. Board Funeral Directors Disciplinary Action
Facts: A licensee was disciplined for improper handling of a deceased body, violating health and safety standards.
Outcome: The license was suspended for 6 months with conditions on reinstatement, including remedial training.
Significance: Demonstrates the Board’s commitment to enforcing health and safety rules strictly.
Summary
The Rules & Regulations of Tennessee Title 0660 are comprehensive in regulating funeral directors and embalmers. They ensure that professionals are qualified, ethical, and maintain public health standards. The case law supports the Board’s broad authority to enforce these rules and protect consumers and the public.
If you want, I can also help break down specific sections or provide sample license application steps and enforcement procedures in more detail.
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