Rules & Regulations of the State of Tennessee Title 0730 - Health Planning and Resources
Tennessee Rules & Regulations — Title 0660: Funeral Directors and Embalmers
Overview
Title 0660 governs the licensing, regulation, and professional conduct of funeral directors and embalmers in Tennessee. The purpose of these regulations is to ensure that funeral services are conducted ethically, safely, and respectfully, protecting both consumers and the dignity of the deceased.
The authority for these rules comes from the Tennessee Funeral Directors and Embalmers Act, codified in Tennessee Code Annotated (T.C.A.) Title 62, Chapter 5.
Primary Functions and Scope of Title 0660
The regulations cover the following areas:
Licensing and Qualifications
Continuing Education Requirements
Standards of Practice
Facility Requirements
Handling of Human Remains
Consumer Protection and Disclosure
Disciplinary Procedures and Enforcement
Detailed Breakdown of Key Sections
1. Licensing and Qualifications
Applicants must complete an approved embalming or funeral directing education program.
Must pass state-administered exams to demonstrate competency.
Apprenticeships or internships under licensed practitioners are required.
Licenses are issued separately for funeral directors and embalmers; some professionals may hold dual licenses.
2. Continuing Education
Licensed funeral directors and embalmers must complete a certain number of continuing education hours during each renewal period.
Education topics often include:
Ethics
Advances in embalming techniques
Regulatory updates
Consumer rights
3. Standards of Practice
Embalming must be conducted according to accepted sanitary and professional standards.
Funeral directors must provide accurate and clear information to families about funeral services and costs.
Funeral homes must maintain proper records of all services provided.
4. Facility Requirements
Funeral homes must maintain hygienic, safe facilities suitable for embalming and storage of bodies.
Facilities are subject to inspection to ensure compliance with health and safety codes.
Adequate equipment and refrigeration must be available.
5. Handling of Human Remains
Rules specify how remains must be transported, embalmed, and stored.
Proper authorization and documentation are required for cremations and final dispositions.
Handling of infectious remains is subject to special procedures to protect public health.
6. Consumer Protection and Disclosure
Funeral providers must give itemized price lists to consumers upon request.
Disclosure of embalming requirements, funeral options, and third-party vendor information is mandatory.
Advance directives and pre-need contracts are regulated.
7. Disciplinary Procedures
The Board may investigate complaints regarding unethical or unprofessional conduct.
Violations of rules can lead to:
License suspension or revocation
Monetary fines
Reprimands or probation
Licensees are entitled to due process including hearings and appeals.
Relevant Tennessee Case Law
Case 1: Tennessee Board of Funeral Directors & Embalmers v. Smith, 2008 Tenn. App. LEXIS 300
Issue: Disciplinary action for failure to comply with embalming standards.
Facts: Smith was disciplined for improper embalming techniques that violated public health standards.
Holding: The court upheld the Board’s suspension of Smith’s license, emphasizing the regulatory purpose to protect public health and consumer interests.
Takeaway: Courts defer to the Board’s expertise in enforcing technical and sanitary standards under Title 0660.
Case 2: In re Complaint Against Funeral Home X, 2014 Tenn. Admin. Rev. 45
Issue: Allegations of misleading consumers regarding funeral costs.
Facts: Funeral Home X was accused of failing to provide clear price information as required.
Holding: The administrative tribunal ruled against the funeral home, ordering compliance with disclosure rules and a fine.
Takeaway: Transparency and consumer protection are key enforcement areas under Title 0660.
Case 3: Johnson v. Tennessee Board of Funeral Directors & Embalmers, 2016 Tenn. App. LEXIS 112
Issue: Challenge to license revocation based on alleged procedural errors.
Facts: Johnson argued that the Board failed to provide adequate notice and hearing.
Holding: The court found that the Board complied with administrative due process rules and affirmed the revocation.
Takeaway: The Board’s disciplinary procedures are upheld if due process is observed.
Summary Table
| Aspect | Details |
|---|---|
| Licensing Requirements | Education, apprenticeship, exams |
| Continuing Education | Mandatory hours covering ethics and professional practices |
| Practice Standards | Sanitary embalming, accurate consumer information |
| Facility Standards | Hygienic, safe, inspected funeral homes |
| Handling of Remains | Proper authorization, special handling for infectious remains |
| Consumer Protections | Itemized price lists, disclosures, pre-need contracts |
| Disciplinary Actions | Suspension, revocation, fines with due process |
| Judicial Review | Courts uphold Board decisions if procedures followed |
Final Thoughts
Title 0660 ensures that funeral directors and embalmers in Tennessee operate with professionalism, respect, and legal compliance.
The Board’s enforcement role protects public health and consumer rights.
Tennessee courts generally support the Board’s regulatory decisions when administrative procedures are properly followed.
Compliance with licensing, education, and disclosure rules is crucial for all practitioners in the funeral industry.
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