Funeral Directors and Embalmers / Burial Services
The Tennessee General Assembly has recently made changes to statutes which may impact you as a holder of a license with the Funeral Board or as a registrant with the Burial Program. These new changes as set out in the following Public Chapters specifically amend the Tennessee Code Annotated as follows:
Public Chapter No. 437, amends Tenn. Code Ann. §§ 62-5-101 and Title 62, Chapter 5, Part 3 by adding a new section, which requires the registration of removal services, which is defined as “any person or entity that engages in arranging, directing, supervising or performing the transportation of deceased human remains for a fee.” Funeral directors, embalmers, and licensed funeral establishment employees, among others, are excluded from the requirements. This law became effective on May 16, 2013, for purposes of rulemaking and on January 1, 2014, for all other purposes.
Public Chapter No. 287, creates Tenn. Code Ann. § 68-4-113 and amends §§ 68-4-103 and 68-5-118, relative to human remains. This public chapter grants authority to the coroner, medical investigator or county medical examiner to direct the cremation of certain bodies pursuant to the requirements of Tenn. Code Ann. § 68-4-113, as well as providing for the cremation of the bodies of persons who die while in certain institutions.
Public Chapter No. 138, amends Tenn. Code Ann. §§ 56-1-302 and 308, which will allow the Division of Regulatory Boards to implement a system for the electronic submission of complaints and applications and for notifications, including those of renewals and rulemakings, to be sent electronically. The public chapter also makes payment of a civil penalty assessed after a hearing under the Uniform Administrative Procedures Act, in title 4, chapter 5, a prerequisite to the renewal of any license issued by the Division of Regulatory Boards unless such penalty is stayed or acceptable arrangements are made for payment of the civil penalty prior to the renewal.
Public Chapter No. 122, amends Tenn. Code Ann. § 4-3-1304, relative to boards and commissions. This chapter requires that each board attached to the Division of Regulatory Boards establish a procedure to expedite the issuance of a license, certification, or permit for a person licensed in another state to perform those services who is a qualifying spouse of a member of the armed forces or is a qualifying member of the armed forces applying within one hundred eighty (180) days of retirement, receiving a discharge other than a dishonorable discharge, or being released from active duty into a reserve component of the United States armed forces. The chapter also requires the commissioner and each regulatory board to accept military education, training, or experience completed by certain qualifying persons towards the qualification to receive a license or certification if the education, training, or experience is determined to be substantially equivalent.