Tenn. Comp. R. & Regs. 0660 — Funeral Directors and Embalmers

Chapter 0660-01 General Provisions

Tenn. Comp. R. & Regs. 0660-01-.01 DEFINITIONS

The following definitions apply to all rules promulgated by the Board of Funeral Directors and Embalmers.

(1) “Apprentice” means a person registered as an apprentice pursuant to T.C.A. § 62-5-312.

(2) “Board” means the State Board of Funeral Directors and Embalmers.

(3) “Burial association” means a voluntary association, charitable and benevolent in nature, which provides death benefits to members by means of an assessment of all of the members.

(4) “Cash advance item” means any item of service or merchandise described to a purchaser as a cash advance, accommodation, cash disbursement, or similar term. A cash advance item is also any item obtained from a third party and paid for by the funeral provider on the purchaser’s behalf. Cash advance items may include, but are not limited to: cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or singers, nurses, obituary notices, gratuities and death certificates.

(5) “Change in ownership” means a transfer in ownership from one person to another including, but not limited to, the following situations:

(a) A sole proprietor becomes a member of a partnership or corporation or LLC;

(b) A partnership dissolves;

(c) One partnership is replaced by another through the removal, addition or substitution of a partner; or (d) Two (2) or more corporations merge and the originally licensed corporation does not survive.

(6) “Day” means calendar day.

(7) “Director” means the Executive Director of the Board.

(8) “Funeral Rule” means the provisions of Title 16, Code of Federal Regulations, Part 453 with respect to funeral industry practices.

(9) “Licensee” means a funeral director, embalmer or establishment holding a license issued by the Board.

(10) “Licensing period” means the period of time that a license issued by the Board is in effect.

(11) “Received” means actual receipt by the Board or Department of Commerce and Insurance.

(12) “Reinspection” means any inspection of an establishment other than an inspection required by Rule 0660-06-.04.

(13) “Sponsor” means any person, organization, association, company, institution, or other entity who wishes to develop and present a continuing education program.

History

• Authority: T.C.A. § 62-5-203.
• Administrative History: Original rule certified May 24, 1974. Repeal and new rule filed June 15, 1980; effective September 29, 1980. Amendment filed August 26, 1986; effective November 29, 1986. Amendment filed December 7, 2009; effective March 7, 2010.

Tenn. Comp. R. & Regs. 0660-01-.02 PAPER SIZE

(1) All documents submitted to the Board shall be on 8.5 x 11 inch paper.

(2) All documents required to be submitted to field representatives pursuant to any inspection shall be on 8.5 x 11 inch paper.

(3) The requirements of this rule may be waived by the Director.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-205.
• Administrative History: Original rule certified May 24, 1974. Repeal and new rule filed June 15, 1980; effective September 29, 1980. Amendment filed August 29, 1986; effective November 29, 1986. Amendment filed August 30, 1991; effective October 14, 1991. Amendment filed December 7, 2009; effective March 7, 2010.

Tenn. Comp. R. & Regs. 0660-01-.03 CHANGES

(1) In addition to any other requirement of the Board’s rules or any statute pertaining to the profession of funeral directing or embalming, the following shall be reported in writing to the Board by the licensee within ten (10) days of the effective date of the change:

(a) Change in ownership of a funeral establishment;

(b) Change of location of a funeral establishment;

(c) Permanent closure of a funeral establishment;

(d) Change in the identity of the licensed funeral director managing, supervising, and responsible for a funeral establishment;

(e) Change in mailing address of any funeral director, embalmer, or apprentice;

(f) Change in the identity of the individual sponsoring an apprentice;

(g) Change in the licensed funeral establishment employing an apprentice;

(h) Change in any other information required to be submitted on an application or registration form; and (i) A conviction of a misdemeanor involving fraud, dishonesty, or moral turpitude or a conviction of any felony.

(2) A licensee shall not permit any advertisement, price list, brochure, business card, signage, internet web site, or other written medium that is likely to be viewed by the public, to refer to the funeral establishment by any name other than the exact name listed on the establishment application approved by the Board.

History

• Authority: T.C.A. §§ 62-5-203, 62-5-312, 62-5-315, 62-5-315(c), and 62-5-317.
• Administrative History: Original rule filed December 7, 2009; effective March 7, 2010. Amendments filed December 12, 2018; effective March 12, 2019.

Tenn. Comp. R. & Regs. 0660-01-.04 COMPLIANCE WITH STATUTES AND RULES

(1) Each licensee shall ensure that such licensee acts in compliance with these rules and any statutes pertaining to the profession of funeral directing, embalming or operation of a funeral establishment.

(2) Failure of the Board to take disciplinary action with respect to any condition, document, event or circumstance shall not be construed as a waiver by the Board of any statute or rule nor shall the fact that a complaint has not previously been opened be considered a determination of compliance by the Board.

(3) The text of all statutes and rules of the state of Tennessee may be accessed via the internet at the Department’s website.

(4) The Board may post relevant information, including changes or proposed changes to rules via the internet at the Department’s website.

(5) The text of the Federal Trade Commission Funeral Rule may be accessed via the internet at the Federal Trade Commission’s website.

(6) This rule shall not be construed as affecting the procedure for petition of a declaratory order which shall be according to the provisions of T.C.A. § 4-5-223 and Chapter 1360-04-01 of the Rules of the Tennessee Department of State.

History

• Authority: T.C.A. §§ 4-5-223, 56-1-308, 62-5-203, and 62-5-317.
• Administrative History: Original rule filed December 7, 2009; effective March 7, 2010. Amendments filed November 7, 2025; effective February 5, 2026.

Chapter 0660-02 Examinations

Tenn. Comp. R. & Regs. 0660-02-.01 EXAMINATION PROCEDURES

(1) Tennessee State Board Exam (SBE).

(a) Examinations shall be given by a testing agency approved by the Board for the

purpose of determining the applicant’s knowledge and fitness for the practice of funeral directing or embalming.

(b) All examinations shall be fairly and equitably administered by an approved testing agency. No assistance shall be provided to any examinee unless otherwise authorized by law.

(2) National Board Exam (NBE).

(a) In lieu of a funeral-director examination given by a testing agency approved by the Board, the Board will accept the results of examinations (or parts thereof) covering Funeral Service Arts devised by the International Conference of Funeral Service Examining Boards or other approved testing agency.

(b) In lieu of an embalmer examination given by a testing agency approved by the Board, the Board will accept the results of examinations (or parts thereof) covering Funeral Service Sciences devised by the International Conference of Funeral Service Examining Boards or other approved testing agency.

(3) All applicants shall successfully pass, prior to the issuance of a license, either the Tennessee State Board Exam (SBE) or National Board Exam (NBE). All applicants shall also pass, prior to the issuance of a license, the Laws, Rules, and Regulations Examination (LRR), given by a testing agency approved by the Board. There shall be a minimum thirty (30) day waiting period between unsuccessful exam attempts for each examination.

(4) Examination results for the Laws, Rules, and Regulations Examination (LRR) shall only be valid for one (1) year. The requirements for licensure cannot be satisfied unless the completed application and all required supporting documents for licensure are filed with the Board within one (1) year following the date of successful completion of the LRR.

History

• Authority: T.C.A. §§ 62-5-203, 62-5-204, 62-5-301, and 62-5-306.
• Administrative History: Original rule certified May 24, 1974. Repealed and new rule filed June 13, 1980; effective September 29, 1980. Amendment filed February 20, 1985; effective March 22, 1985. Amendment filed December 12, 1985; effective January 11, 1986. Amendments filed December 12, 2018; effective March 12, 2019.

Tenn. Comp. R. & Regs. 0660-02-.02 GRADING PROCEDURES

(1) Examinations shall be graded by the testing agency that administered them. Such agency shall send the examination grades directly to the Executive Director of the Board in a format prescribed by the Board. In the event that the Executive Director of the Board position is vacant, the examination grades shall be sent directly to the Board’s Administrative Manager.

(2) The passing grade for the funeral director examination, embalmer examination, and Laws, Rules, and Regulations Examination (LRR) shall be no less than seventy-five (75.0) for each examination.

(3) Any examinee who disputes the results of any examination shall be wholly responsible for resolving the dispute directly with the testing agency and any additional costs incurred as a result of the dispute.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-301.
• Administrative History: Original rule certified May 24, 1974. Repealed and new rule filed June 13, 1980; effective September 29, 1980. Amendment filed December 12, 1985; effective January 11, 1986. Amendment filed December 7, 2009; effective March 7, 2010. Amendments filed December 12, 2018; effective March 12, 2019. Amendments filed November 7, 2025; effective February 5, 2026.

Chapter 0660-03 Fees

Tenn. Comp. R. & Regs. 0660-03-.01 STUDENT AND APPRENTICE REGISTRATION

(1) Student. The non-refundable fee for registration as a student shall be fifty dollars ($50.00).

Any student dually enrolled in a funeral directing and embalming program shall only be required to pay one (1) registration fee in the amount of one hundred dollars ($100.00).

(2) Apprentice Funeral Director. The non-refundable fee for registration as an apprentice funeral director shall be one hundred dollars ($100.00).

(3) Apprentice Embalmer. The non-refundable fee for registration as an apprentice embalmer shall be one hundred dollars ($100.00).

History

• Authority: T.C.A. §§ 62-5-203, 62-5-207, 62-5-305, 62-5-305(b), and 62-5-307.
• Administrative History: Original rule was certified May 24, 1974. Amendment filed June 14, 1977; effective July 14, 1977. Repeal and new rule filed June 13, 1980; effective September 29, 1980. Amendment filed December 12, 1985; effective January 11, 1986. Amendment filed August 31, 1989; effective October 15, 1989. Amendment filed April 4, 2002; effective June 18, 2002. Amendments filed December 12, 2018; effective March 12, 2019. Amendments filed April 2, 2026; effective July 1, 2026.

Tenn. Comp. R. & Regs. 0660-03-.02 APPLICANTS FOR LICENSES

(1) Funeral Director. An application for a funeral director’s license shall be accompanied by a non-refundable application fee of two hundred dollars ($200.00).

(2) Embalmer. An application for an embalmer’s license shall be accompanied by a nonrefundable application fee of two hundred dollars ($200.00).

(3) Funeral Establishment. An application for a funeral establishment license shall be accompanied by a non-refundable application/initial license fee of one thousand one hundred fifty dollars ($1,150.00).

History

• Authority: T.C.A. §§ 62-5-203, 62-5-207, 62-5-304, 62-5-304(a), 62-5-305(a), 62-5-306(c), 62-5-307(a), 62-5-308(c), and 62-5-311.
• Administrative History: Original rule filed June 13, 1980; effective September 29, 1980. Amendment filed December 12, 1985; effective January 11, 1986. Amendment filed August 31, 1989; effective October 15, 1989. Amendment filed April 4, 2002; effective June 18, 2002. Amendments filed April 2, 2026; effective July 1, 2026.

Tenn. Comp. R. & Regs. 0660-03-.03 LICENSES

(1) Funeral Director. The fee for a funeral director’s license shall be three hundred seventy-five dollars ($375.00).

(2) Embalmer. The fee for an embalmer’s license shall be three hundred seventy-five dollars ($375.00).

History

• Authority: T.C.A. §§ 62-5-203, 62-5-207, 62-5-306(c), and 62-5-308(c).
• Administrative History: Original rule filed June 13, 1980; effective September 29, 1980. Amendment filed December 12, 1985; effective January 11, 1986. Amendment filed August 31, 1989; effective October 15, 1989. Amendment filed April 4, 2002; effective June 18, 2002. Amendments filed December 12, 2018; effective March 12, 2019. Amendments filed April 2, 2026; effective July 1, 2026.

Tenn. Comp. R. & Regs. 0660-03-.04 RENEWALS

(1) Funeral Director. The fee for biennial renewal of a funeral director’s license shall be three hundred seventy-five dollars ($375.00). The penalty fee for late renewal shall be two hundred fifty dollars ($250.00).

(2) Embalmer. The fee for biennial renewal of an embalmer’s license shall be three hundred seventy-five dollars ($375.00). The penalty fee for late renewal shall be two hundred fifty dollars ($250.00).

(3) Funeral Establishment. The fee for biennial renewal of a funeral establishment license shall be one thousand one hundred fifty dollars ($1,150.00). The penalty fee for late renewal shall be two hundred fifty dollars ($250.00).

History

• Authority: T.C.A. §§ 62-5-203, 62-5-207, 62-5-315, and 62-5-316(b).
• Administrative History: Original rule filed August 31, 1989; effective October 15, 1989. Amendment filed April 4, 2002; effective June 18, 2002. Amendment filed June 2, 2014; effective August 31, 2014. Amendments filed April 2, 2026; effective July 1, 2026.

Tenn. Comp. R. & Regs. 0660-03-.05 RECIPROCAL LICENSES

(1) An application for a reciprocal funeral director’s or embalmer’s license shall be accompanied by a non-refundable fee of five hundred seventy-five dollars ($575.00).

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-311.
• Administrative History: Original rule filed August 31, 1989; effective October 15, 1989. Amendment filed June 2, 2014; effective August 31, 2014. Amendments filed April 2, 2026; effective July 1, 2026.

Tenn. Comp. R. & Regs. 0660-03-.06 LICENSE CERTIFICATES

(1) The fee for a duplicate computer generated license certificate shall be thirty dollars ($30.00).

(2) The fee for an initial/duplicate wall license certificate shall be sixty dollars ($60.00).

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-315(d).
• Administrative History: Original rule filed August 31, 1989; effective October 15, 1989. Amendment filed December 7, 2009; effective March 7, 2010.

Tenn. Comp. R. & Regs. 0660-03-.07 REINSPECTIONS

(1) The fee for any reinspection shall be three hundred fifty dollars ($350.00).

(2) Any reinspection fee shall be paid to and received by the Board by the date specified in a written invoice sent by the Director.

History

• Authority: T.C.A. §§ 62-5-203, 62-5-207, and 62-5-304.
• Administrative History: Original rule filed April 4, 2002; effective June 18, 2002. Amendment filed December 7, 2009; effective March 7, 2010. Amendments filed April 2, 2026; effective July 1, 2026.

Tenn. Comp. R. & Regs. 0660-03-.08 CHANGE OF OWNERSHIP

Any person acquiring ownership of an existing licensed funeral establishment shall remit the same fee and application as required for a funeral establishment by Rule 0660-03-.02(3), payable upon submission of the written notice required by Rule 0660-01-.03.

History

• Authority: T.C.A. §§ 62-5-203, 62-5-207, and 62-5-315(c).
• Administrative History: Original rule filed April 4, 2002; effective June 18, 2002. Amendment filed December 7, 2009; effective March 7, 2010.

Tenn. Comp. R. & Regs. 0660-03-.09 CHANGE OF LOCATION

The fee for changing the location or place of business of any licensed establishment shall be seven hundred fifty dollars ($750.00), payable upon submission of the written notification required by Rule 0660- 01-.03 of the Rules of the Board of Funeral Directors and Embalmers.

History

• Authority: T.C.A. §§ 62-5-203, 62-5-207, 62-5-304, and 62-5-315(c).
• Administrative History: Original rule filed April 4, 2002; effective June 18, 2002. Amendment filed December 7, 2009; effective March 7, 2010. Amendments filed April 2, 2026; effective July 1, 2026.

Tenn. Comp. R. & Regs. 0660-03-.10 DATABASE UPDATE

The fee for changing any entry in the Board’s computer database with regard to information required to be reported or submitted to the Board shall be one hundred dollars ($100.00) per request, provided however that no fee shall be charged for updating the database with regard to the mailing address or legal name of an individual license.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-207.
• Administrative History: Original rule filed April 4, 2002; effective June 18, 2002. Amendment filed December 7, 2009; effective March 7, 2010. Amendments filed April 2, 2026; effective July 1, 2026.

Tenn. Comp. R. & Regs. 0660-03-.11 REMOVAL SERVICE FEES

(1) An application for registration as a removal service shall be submitted on a form prescribed by the Board and shall be accompanied by proof of liability insurance in the amount of one million dollars ($1,000,000.00) and a non-refundable fee in the amount of six hundred twentyfive dollars ($625.00).

(2) The Board may renew a certificate of registration provided that an application for renewal, accompanied by proof of liability insurance in the amount of one million dollars ($1,000,000.00) and a non-refundable fee in the amount of four hundred twenty-five dollars ($425.00), and is received by the Board no later than the date of expiration.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-318.
• Administrative History: Emergency rule filed January 3, 2014; effective through July 2, 2014. Emergency rule expired effective July 3, 2014; rule reverted to reserved status. Original rule filed December 3, 2014; effective March 3, 2015. Amendments filed April 2, 2026; effective July 1, 2026.

Tenn. Comp. R. & Regs. 0660-03-.12 DOCUMENT REVIEW

The submission fee for any cremation authorization form not furnished by the Board shall be two hundred dollars ($200.00). Such forms submitted for review shall include two versions: a final version of the document and a version which shall include footnotes or endnotes that identify those provisions that are required by law and cite the applicable statute and/or rule. An additional two hundred dollar ($200.00) fee shall be assessed for each resubmission of the form due to non-conformance with the applicable laws and rules.

History

• Authority: T.C.A. §§ 62-5-107, 62-5-203, and 62-5-207.
• Administrative History: Original rule filed December 12, 2018; effective March 12, 2019. Amendments filed April 2, 2026; effective July 1, 2026.

Chapter 0660-04 Apprentices

Tenn. Comp. R. & Regs. 0660-04-.01 REGISTRATION

(1) A person beginning a required course of study or a required apprenticeship shall submit to the Board, in the format required by the Board, a completed registration form and payment of the registration fee as set forth in Chapter 0660-03 of these rules along with the following documentation:

(a) A copy of an official photo identification issued by a governmental agency, such as a valid (permanent, current, unexpired, and legible) driver’s license, U.S. passport, or federal, state, county, or city employee I.D. card showing the individual’s date of birth and address; and (b) An official transcript or diploma certified by an educational institution showing the applicant has graduated from a high school or has earned a high school equivalency recognized by a state department of education.

(2) A person shall not re-register for an apprenticeship if the person previously completed an apprenticeship or less than twelve (12) months have passed since substantial completion (over 51%) of an apprenticeship. Upon a showing of good cause, the waiting period of twelve (12) months may be waived by the Board.

(3) An application for apprenticeship registration shall be fully completed by a registrant within ninety (90) days of the receipt of the application in the Board’s office. After ninety (90) days have passed, any incomplete registration application shall be closed.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-312.
• Administrative History: Original rule was certified May 24, 1974. Repealed and new rule filed June 13, 1980; effective September 29, 1980. Amendment filed December 7, 2009; effective March 7, 2010. Amendments filed December 12, 2018; effective March 12, 2019. Amendments filed November 7, 2025; effective February 5, 2026.

Tenn. Comp. R. & Regs. 0660-04-.02 QUARTERLY REPORTS

Apprentices shall submit a quarterly report of apprenticeship training on a form prescribed by the Board.

Such report must be received no later than sixty (60) days following the last day of the quarter for which credit is sought. Failure to file the quarterly report of apprenticeship training within the allotted time shall result in such credit being denied for that period of time.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-312.
• Administrative History: Original rule filed June 13, 1980; effective September 29, 1980. Amendment filed December 7, 2009; effective March 7, 2010. Amendment filed June 2, 2014; effective August 31, 2014.

Tenn. Comp. R. & Regs. 0660-04-.03 CHANGE IN SPONSOR

An apprentice shall notify the Board of a change in the individual sponsoring the apprentice or a change in the establishment employing the apprentice within ten (10) days of the change.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-312.
• Administrative History: Original rule filed June 13, 1980; effective September 29, 1980. Amendment filed May 12, 2000; effective September 28, 2000. Amendment filed December 7, 2009; effective March 7, 2010.

Chapter 0660-05 Funeral Directors and Embalmers

Tenn. Comp. R. & Regs. 0660-05-.01 APPLICATION

(1) Each person desiring to obtain a new or initial funeral director or embalmer license shall submit to the Board a completed application on a form prescribed by the Board and the fee(s) as required by Chapter 0660-03 of these rules along with the following documentation:

(a) A copy of an official photo identification issued by a governmental agency, such as a valid (permanent, current, unexpired, legible) driver’s license, U.S. passport, or federal, state, county or city employee I.D. card showing the individual’s date of birth and address;

(b) Two (2) letters of recommendation by a licensed funeral director and/or embalmer which attest to the good moral character and competence of the applicant. Such letters shall be signed and dated on printed stationery;

(c) An official transcript or diploma certified by an educational institution showing the applicant has graduated from a high school or has earned a high school equivalency recognized by a state department of education; and (d) For a funeral director applicant, an official transcript showing completion of a study in funeral service education consisting of not less than thirty (30) semester hours, fortyfive (45) quarter hours or the equivalent, from a school accredited by the American Board of Funeral Service Education, and, if applicable, official test results of the Arts

section of the National Board Examination, or (e) For an embalmer applicant, an official transcript evidencing an associate of arts degree by successful completion of 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 official test results of the Science section of the National Board Examination; and (f) Certification of Completion of Apprenticeship Form attesting that either:

1. The applicant for a funeral director license has completed not less than two (2) years of apprenticeship as a bona fide paid employee of an establishment working not less than thirty-two (32) hours per week in the presence of and under the direction and supervision of a licensed funeral director as evidenced by the applicant submitting quarterly reports of apprenticeship training within the allotted time throughout the duration of the apprenticeship, or 2. The applicant for an embalmer license has completed not less than one (1) year of apprenticeship as a bona fide paid employee of an establishment working not less than thirty-two (32) hours per week in the presence of and under the direction and supervision of a licensed embalmer as evidenced by the applicant submitting quarterly reports of apprenticeship training within the allotted time throughout the duration of the apprenticeship.

(2) The apprenticeship requirements listed in subparagraph (f) of this rule do not apply to persons already registered as apprentices as of December 31, 2007 as specified in T.C.A. § 62-5-312(c).

(3) An application for licensure as a funeral director or embalmer shall be fully completed by the applicant within ninety (90) days of the Board’s receipt of the application. After ninety (90) days have passed, any incomplete licensure application shall be closed.

History

• Authority: T.C.A. §§ 62-5-203, 62-5-305, 62-5-306, 62-5-307, 62-5-308, and 62-5-312.
• Administrative History: Original rule was filed June 24, 1974; effective July 24, 1974. Amendment filed March 23, 1977; effective April 22, 1977. Repealed and new rule filed June 13, 1980; effective September 29, 1980. Amendment filed December 7, 2009; effective March 7, 2010. Amendment filed June 2, 2014; effective August 31, 2014. Amendments filed December 12, 2018; effective March 12, 2019. Amendments filed November 4, 2022; effective February 2, 2023. Amendments filed November 7, 2025; effective February 5, 2026.

Tenn. Comp. R. & Regs. 0660-05-.02 RESERVED

History

• Authority: T.C.A. § 62-504.
• Administrative History: Original rule filed June 13, 1980; effective September 29, 1980. Amendment filed December 7, 2009; effective March 7, 2010.

Tenn. Comp. R. & Regs. 0660-05-.03 RESERVED

History

• Authority: T.C.A. § 62-504.
• Administrative History: Original rule filed June 13, 1980; effective September 29, 1980. Amendment filed December 7, 2009; effective March 7, 2010.

Tenn. Comp. R. & Regs. 0660-05-.04 MILITARY APPLICANT – SPOUSES – EXPEDITED LICENSURE

(1) An applicant for registration meeting the requirements of T.C.A. § 4-3-1304(d)(1) may:

(a) Be issued a license upon application and payment of all required fees if, in the opinion of the Board, the requirements for licensure of such other state are substantially equivalent to that required in Tennessee; or (b) Be issued a temporary license if the Board determines that the applicant’s application does not meet the requirements for substantial equivalency, but that the applicant could perform additional acts, including—but not limited to—education, training, or experience, in order to meet the requirements for the application to be substantially equivalent. The Board may issue a temporary license upon application and payment of all required fees for a regular license of the same type, which shall allow the person to perform services as if fully licensed for a set period of time that is determined to be sufficient by the Board for the applicant to complete such requirements.

1. After completing those additional requirements and providing the Board with sufficient proof thereof as may be required, a full license shall be issued to the applicant with an issuance date of the date of the original issuance of the temporary license and an expiration date as if the full license had been issued at that time.

2. A temporary license shall be issued for a period no longer than the length of a renewal cycle for a full license of the same type.

3. A temporary license shall expire upon the date set by the Board and shall not be subject to renewal except through the completion of the requirements for substantial equivalency as required by the Board or by an extension of time granted for good cause by the Board.

4. Should an extension to a temporary license cause the permit to be in effect longer than the renewal cycle of a full license, then the holder of the temporary license shall file a renewal application with such documentation and fees, including completion of continuing education, as are required by the Board for all other renewals of a full license of the same type.

(2) Military education, training, or experience completed by a person described at T.C.A. § 4-3- 1304(d)(1)(B)(ii)(a)–(c) shall be accepted toward the qualifications, in whole or in part, to receive any license issued by the Board if such military education, training, or experience is determined by the Board to be substantially equivalent to the education, training, or experience required for the issuance of such license.

(3) (a) Any registrant who is a member of the national guard or a reserve component of the armed forces of the United States called to active duty whose license expires during the period of activation shall be eligible for renewal upon the licensee being released from active duty without:

1. Payment of late fees or other penalties;

2. Obtaining continuing education credits when:

(i) Circumstances associated with the person’s military duty prevented the obtaining of continuing education credits and a waiver request has been submitted to the Board; or (ii) The person performs the licensed or certified occupation as part of such person’s military duties and provides documentation sufficient to demonstrate such to the Board.

(b) The license shall be eligible for renewal pursuant to this paragraph (3) for six (6) months from the person’s release from active duty.

(c) Any person renewing under this paragraph (3) shall provide the Board such supporting documentation evidencing activation as may be required by the Board prior to renewal of any license pursuant to this subsection.

History

• Authority: T.C.A. §§ 4-3-1304(d), 4-3-1304(e), and 4-3-1304(f).
• Administrative History: Original rule filed August 5, 2014; effective November 2, 2014.

Chapter 0660-06 Funeral Establishments

Tenn. Comp. R. & Regs. 0660-06-.01 APPLICATION

(1) Each person desiring to obtain an establishment license shall submit to the Board a completed application on a form prescribed by the Board and the fee(s) as required by

Chapter 0660-03 of these rules along with the following documentation:

(a) a list containing names and addresses for all employees designating whether they are licensed as a funeral director and/or embalmer or unlicensed assistant and designating whether they are full-time or part-time employees;

(b) a letter of approval from the local zoning authority which shall include at a minimum the following information:

1. The specific activity for which the location is approved, such as "funeral home", "crematory", etc.;

2. Parking space availability required for the location, or a statement indicating that the zoning authority has no requirements with respect to parking.

(c) A letter from the appropriate authority indicating that the proposed establishment is properly connected to sewer services, or in the case of a location without available sewer service a letter indicating that the septic system is in proper working order and approved for the intended use.

(2) An application for an establishment license shall be fully completed by applicant within ninety (90) days. After ninety (90) days have passed, any incomplete licensure application shall be closed.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-304.
• Administrative History: Original rule filed January 28, 1975; effective April 28, 1975. Repealed and new rule filed June 13, 1980; effective September 29, 1980. Repealed and new rule filed February 20, 1985; effective March 22, 1985. Amendment to rule filed August 30, 1991; effective October 14, 1991. Amendment filed December 7, 2009; effective March 7, 2010. Amendments filed December 12, 2018; effective March 12, 2019.

Tenn. Comp. R. & Regs. 0660-06-.02 FIXED PLACE OF BUSINESS

(1) An establishment shall not be operated, and no establishment license shall be granted or renewed, unless the applicant has a fixed place of business or establishment that is devoted to the care and preparation of dead human bodies.

(2) The Board, in determining whether an applicant's proposed fixed place of business or establishment is devoted to the care and preparation of dead human bodies, may consider factors including, but not limited to, the following:

(a) Any indication in the proposed establishment's name that suggests the establishment will be engaged in any activity other than the care and preparation of dead human bodies;

(b) Any evidence at the proposed place of business that suggests activity other than that incidental to the care and preparation of dead human bodies;

(c) The type of professional signage displayed in connection with any goods or services provided within the establishment;

(d) If the establishment is located within a business complex, whether the establishment is clearly separated from any other entity located within the complex and clearly distinguished by professional signage;

(e) The volume of preparation services or commemorative services provided for nonhuman remains; and (f) The type and/or volume of advertising materials that offer preparation services or commemorative services for non-human remains.

History

• Authority: T.C.A. §§ 62-5-203, 62-5-313, 62-5-313(a), and 62-5-317.
• Administrative History: Original rule filed January 28, 1975; effective April 28, 1975. Repealed and new rule filed June 13, 1980; effective September 29, 1980. Repealed and new rule filed February 20, 1985; effective March 22, 1985. Amendment filed December 7, 2009; effective March 7, 2010. Amendments filed December 12, 2018; effective March 12, 2019.

Tenn. Comp. R. & Regs. 0660-06-.03 CHANGE OF OWNERSHIP

Upon a change in ownership, the new owner shall apply for a new establishment license and shall not operate more than seventy-five (75) days without either issuance of a new license or appearing before the Board and obtaining an extension of time.

History

• Authority: T.C.A. §§ 62-5-203, 62-5-315(c), and 62-5-317.
• Administrative History: Original rule filed January 28, 1975; effective April 28, 1975. Repealed and new rule filed June 13, 1980; effective September 29, 1980. Repealed and new rule filed February 20, 1985; effective March 22, 1985. Amendment filed December 7, 2009; effective March 7, 2010.

Tenn. Comp. R. & Regs. 0660-06-.04 INSPECTION REQUIRED

(1) The Board, in addition to routine annual inspections, shall require an inspection of an establishment prior to approving an application for the following:

(a) A change of ownership;

(b) A change of location;

(c) An initial establishment license.

(2) The Board shall require a reinspection of an establishment prior to the establishment offering services involving the preparation of non-human remains.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-315(c).
• Administrative History: Original rule filed January 28, 1975; effective April 28, 1975. Repealed and new rule filed June 13, 1980; effective September 29, 1980. Repealed and new rule filed February 20, 1985; effective March 22, 1985. Amendment filed December 7, 2009; effective March 7, 2010. Amendments filed December 12, 2018; effective March 12, 2019.

Tenn. Comp. R. & Regs. 0660-06-.05 RESERVED

History

• Authority: T.C.A. § 62-5-203.
• Administrative History: Original rule filed January 28, 1975; effective April 28, 1975. Repealed and new rule filed June 13, 1980; effective September 29, 1980. Repealed and new rule filed February 20, 1985; effective March 22, 1985. Amendment filed December 7, 2009; effective March 7, 2010.

Chapter 0660-07 Rules of Procedure for Hearing Contested Cases

Tenn. Comp. R. & Regs. 0660-07 Rules of Procedure for Hearing Contested Cases

RULES

OF TENNESSEE BOARD OF FUNERAL DIRECTORS AND EMBALMERS

For Rules of Procedure for Hearing Contested Cases see Rules of Tennessee Department of State, Administrative Procedures Division, Chapter 1360-04-01.

Authority: T.C.A. §§ 4-5-219(c) and 62-5-203. Administrative History: Original Chapter filed November 22, 1978, effective January 8, 1979. Amendment filed December 7, 2009; effective March 7, 2010.

Chapter 0660-08 Civil Penalties

Tenn. Comp. R. & Regs. 0660-08-.01 CIVIL PENALTIES

(1) With respect to any person, partnership, firm, association or corporation required to be licensed by the Board, the Board may, in addition to or in lieu of any other lawful disciplinary action, assess civil penalties against such person for each separate violation of a statute, rule or order pertaining to the Board in the amount of $250.00–$1,000.00.

(2) Each day of continued violation shall constitute a separate violation.

(3) In determining the amount of civil penalty to be assessed pursuant to this rule, the Board may consider such factors as the following:

(a) Whether the amount imposed will be a substantial economic deterrent to the violator;

(b) The circumstances leading to the violation;

(c) The severity of the violation and risk of harm to the public;

(d) The economic benefits gained by the violator as a result of non-compliance;

(e) Whether the violator has been guilty of similar violations in the past and any discipline imposed for the past violations;

(f) The interests of the public; and (g) The length of time that has elapsed between the alleged violation and filing of the complaint.

History

• Authority: T.C.A. §§ 56-1-308, 62-5-203, and 62-5-317.
• Administrative History: Original rule filed September 22, 1987; effective November 6, 1987. Amendment filed August 30, 1991; effective October 14, 1991. Amendment filed December 7, 2009; effective March 7, 2010. Amendment filed June 2, 2014; effective August 31, 2014. Amendments filed November 7, 2025; effective February 5, 2026.

Chapter 0660-09 Requirements for a Crematory

Tenn. Comp. R. & Regs. 0660-09-.01 REQUIREMENTS FOR A CREMATORY

(1) No person, partnership, firm, association, or corporation shall conduct, maintain, manage, or operate a crematory facility unless a license as a funeral establishment for such facility has been issued by the Board.

(2) Application for licensure of crematory facility shall be on a form furnished and prescribed by the Board and shall be accompanied by an application fee set by the Board. No license shall be issued unless the crematory facility has been inspected and approved as meeting all requirements as set forth by the Board, the Department of Health, Department of Environment regulation, or any local ordinance regulating the same.

(3) In the event the urn or other container is insufficient to accommodate all of the cremated remains, the excess will be placed by the crematory operator in a secondary container. This secondary container shall be kept with the urn or other container and handled according to the final disposition instructions set forth by the Authorizing Agent(s).

(4) No more than one cremated remains may be placed in any container, unless written permission has been received from the personal representative responsible for the remains.

(5) Cremated remains may not be commingled for storage or disposition. Each individual cremated remains must be kept separate and properly identified on the container, unless otherwise authorized by personal representatives.

(6) The entire cremated remains shall be returned to the family and/or responsible party.

(7) (a) All cremations of human remains in this state shall be arranged through the holder of a valid and current funeral-establishment license issued by the Board;

(b) All cremations of human remains in this state shall be directly supervised by a licensed funeral director during the cremation process, including, but not limited to, the placement of remains in cremation chamber, repositioning of remains, removal of cremated remains from chamber, processing of cremated remains, and placement of cremated remains in an urn or other container.

(8) Each crematory shall submit its cremation authorization form to the Board for approval, prior to using said form. Every funeral establishment shall use the cremation authorization form approved by the Board and provided by the crematory where the human remains are to be cremated.

(9) Acceptance of a license issued by the Board gives a Board representative the right to inspect the crematory and the records of the crematory at any time.

REQUIREMENTS FOR A CREMATORY 0660-09

(10) At no time shall any cremation chamber, retort, refrigerator, urn, container, tool, or implement be used to prepare or store both dead human bodies and dead non-human bodies. Each cremation chamber, refrigerator, urn, container, tool, or implement shall be utilized exclusively for either dead human bodies or dead non-human bodies.

(11) At no time shall any cremation chamber or retort designed or manufactured for cremation of dead human bodies be utilized for any other purpose.

(12) All cremation chambers, retorts, refrigerators, and containers shall be labeled to designate usage for the preparation or storage of either dead human bodies or dead non-human bodies if the establishment offers such services for dead non-human bodies.

(13) Any funeral director, embalmer, or crematory operator who obtains specific instructions or authorization, as required in T.C.A. § 62-5-507(f), to remove any prosthetic devices, pacemakers, implants, metal hinges, latches, nails, screws, staples, plates, or any other artificial device or structure from a dead human body prior to the cremation or from the cremated remains after cremation shall dispose of the prosthetic devices, pacemakers, implants, metal hinges, latches, nails, screws, staples, plates, or other artificial devices or structures in a lawful non-recoverable manner, so that only human bone fragments remain.

While the funeral director, embalmer, or crematory operator may receive compensation from a recycling company for retrieving these materials and shipping them to the recycling company, the funeral director, embalmer, or crematory operator shall not receive a fee for doing so that exceeds the actual cost to the crematory facility for performing or assisting in the removal and shipping costs of those materials.

History

• Authority: T.C.A. §§ 62-5-101, 62-5-203, 62-5-303, 62-5-304, 62-5-309, 62-5-507, and 62-5-508.
• Administrative History: Original rule filed August 30, 1991; effective October 14, 1991. Amendment filed June 2, 2014; effective August 31, 2014. Amendments filed December 12, 2018; effective March 12, 2019.

Chapter 0660-10 Continuing Education

Tenn. Comp. R. & Regs. 0660-10-.01 PURPOSE

The Tennessee State Board of Funeral Directors and Embalmers is authorized by T.C.A. § 62-5-203 to establish continuing education requirements and standards for funeral directors and embalmers. The purposes of this chapter are to prescribe the basic continuing education requirements for present and future funeral directors and embalmers and to establish standards by which continuing education programs will be evaluated for the awarding of credit for participation in such programs or other continuing education activities.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-601.
• Administrative History: Original rule filed May 28, 1999; effective August 11, 1999.

Tenn. Comp. R. & Regs. 0660-10-.02 REPEALED

History

• Authority: T.C.A. §§ 62-5-203, 62-5-601(c), 62-5-601(e), 62-5-601(f) and 62-5-601(g).
• Administrative History: Original rule filed May 28, 1999; effective August 11, 1999. Repeal filed December 7, 2009; effective March 7, 2010.

Tenn. Comp. R. & Regs. 0660-10-.03 CONTINUING EDUCATION REQUIREMENTS

(1) As a prerequisite to license renewal, each licensee shall submit with the license renewal application satisfactory proof of having completed a minimum of ten (10) hours of continuing education coursework during the licensing period. Of the ten (10) hours of continuing education coursework, five (5) hours must be attended in person, which means it shall be completed 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 through a two-way transfer of information between the licensee and provider’s point of origin. All coursework must be approved by the Board for credit to be awarded. A licensee may receive one (1) hour of continuing education credit per renewal period for in-person attendance of a regularly scheduled meeting of the Board.

(2) Continuing education credit may be obtained by licensees through attendance at only those continuing education courses which have been approved by the Board. A licensee may not repeat the same continuing education course within consecutive renewal periods.

(3) Licensees may not carry over continuing education hours from one licensing period to the next.

(4) Except as provided in subsection (5), the requirements of this chapter do not apply to new licensees during the first licensing period.

(5) A person required to reapply as for initial licensure by T.C.A. § 62-5-316(b), shall as a prerequisite to issuance of a new license, submit with the application satisfactory proof of having completed a minimum of ten (10) hours of continuing education coursework within ninety (90) days of the date of application. Of the ten (10) hours of continuing education coursework, five (5) hours must be attended in person, which means it shall be completed in the physical presence of the provider of the coursework or through an interactive virtual program that requires participants to confirm their presence during the program.

History

• Authority: T.C.A. §§ 62-5-203, 62-5-601, 62-5-601(c), 62-5-601(e), 62-5-601(f), and 62-5-601(g).
• Administrative History: Original rule filed May 28, 1999; effective August 11, 1999. Amendments filed December 7, 2009; effective March 7, 2010. Amendments filed December 12, 2018; effective March 12, 2019. Amendments filed November 7, 2025; effective February 5, 2026.

Tenn. Comp. R. & Regs. 0660-10-.04 QUALIFYING CONTINUING EDUCATION PROGRAMS

(1) In order to qualify for credit toward satisfaction of the requirements of Rule 0660-10-.03, a continuing education program must be a structured program which contributes directly to the professional competence of the licensee.

(2) Programs may be considered by the Board for the award of continuing education credit and qualified for approval if:

(a) An outline is prepared by the sponsor and preserved;

(b) The content of each presentation is well organized and presented in a sequential manner;

(c) The program is at least one (1) hour in length;

(d) A record of registration of attendance is maintained by the sponsor;

(e) The program contributes directly to the advancement and extension of professional knowledge and skill in the practice of funeral science;

(f) The program is conducted by individuals considered experts in the subject matter of the program by reason of their education, training or experience;

(g) The program is available to all funeral directors and embalmers licensed in this state; and (h) The program addresses one or more of the following subjects: ethics, communications, sociology, psychology, funeral directing, business law, business management, funeral service law, funeral merchandising, accounting, embalming, restorative arts, cremation, microbiology, pathology, chemistry, anatomy or any other subject approved by the Board.

(3) (a) Program sponsors shall submit a program schedule and outline to the Board, which must be received by the Board not less than sixty (60) days prior to the date of the program. Such schedule and outline shall include the following information:

1. The name of the course;

2. The name of the sponsoring organization;

3. The objectives of the program;

4. The length (in hours) of the program and the date(s) on which the program will be presented;

5. The names, educational backgrounds and relevant qualifications of all instructors or speakers participating in the program;

6. The location(s) at which the program will be presented; and 7. The name and address of the person authorized by the sponsor to certify attendance.

(b) The Board may grant leave to amend a program schedule and outline upon receipt of a proper application therefor. Such application must be submitted pursuant to paragraph (3)(a) of this rule, and must be received by the Board not less than thirty (30) days prior to the date of the program. Such amendment shall identify the program to which it refers and shall contain a description of the purpose and substance of the amendment.

In evaluating any such application for amendment, the Board may consider:

1. The occurrence of any material change of law or fact after the submission of the original program schedule that affects the subject matter of the program;

2. The desirability of adding any particular speaker or means of instruction which had been unavailable at the time the original program schedule was submitted;

3. The inability of a scheduled speaker to participate due to reasons unforeseen at the time of the submission of the original program schedule; or 4. Any other reason not foreseeable at the time of the submission of the original program schedule which would result in undue hardship to sponsors, producers, customers or other participants unless the program were amended.

(4) (a) Upon receipt of a program schedule and outline as required by this rule, the Board shall notify the program sponsor of approval or disapproval of the program no less than thirty (30) days prior to the scheduled date of the program. Any notice of disapproval shall state the reason(s) therefor.

(b) Upon receipt of any proposed amendment to a program schedule and outline submitted in accordance with this rule, the Board shall notify the program sponsor of approval or disapproval no less than ten (10) days prior to the scheduled date of the program. Any notice of disapproval shall state the reason(s) therefor.

(5) Subject to compliance with paragraphs (1), (2), and (3) of this rule, continuing education hours for credit may be obtained in programs offered in the following formats:

(a) Professional seminars;

(b) Courses at accredited mortuary schools;

(c) Programs sponsored by professional associations and organizations recognized by the Board;

(d) Correspondence courses which require an examination;

(e) Continuing education television or video series; or (f) Other program formats approved by the Board.

(6) Sponsors of continuing education programs shall be responsible for obtaining from the Board approval for their respective continuing education programs prior to the dates on which such programs are to be presented.

(7) Continuing education credit allowed under T.C.A. § 62-5-604 for service by a licensee as an instructor, discussion leader, or speaker will not be allowed for repeated presentations by the licensee unless the presentation has been substantially revised.

(8) The Board may maintain a list of sponsors providing programs which satisfy the continuing education requirements for licensees. This information may be made available to any licensee upon request.

History

• Authority: T.C.A. §§ 62-5-203, 62-5-601, 62-5-603, 62-5-604, 62-5-605, and 62-5-606.
• Administrative History: Original rule filed May 28, 1999; effective August 11, 1999. Amendment filed August 29, 2002; effective December 27, 2002. Amendments filed December 12, 2018; effective March 12, 2019. Amendments filed November 7, 2025; effective February 5, 2026.

Tenn. Comp. R. & Regs. 0660-10-.05 DUTIES OF PROGRAM SPONSORS

(1) The sponsor shall keep detailed records of each continuing education program. The records to be maintained shall include:

(a) The date and location of the program presented;

(b) The name and qualifications of each instructor or presenter;

(c) A registration form showing the printed names, signatures, and license numbers for all licensees in attendance;

(d) A written outline of the program agenda; and (e) A statement indicating whether the program qualifies as an interactive virtual program that requires participants to confirm their attendance during the program and, if so, the specific qualifications met as identified within Rule 0660-10-.04(9).

(2) Approval of any continuing education program may be withdrawn by the Board if the sponsor of such program fails to comply with the provisions of this chapter.

(3) Each licensee shall, when making application for license renewal, submit on a form prescribed by the Board a signed statement setting forth the continuing education programs in which the licensee has participated during the licensing period. Such licensee shall retain documentation supporting such statement for a period of three (3) years subsequent to the date of submission.

(4) If any continuing education hours claimed in a statement submitted by a licensee pursuant to paragraph (3) of this rule are disapproved, the Board shall notify such licensee of the reason for such disapproval. The Board may allow a period of time not to exceed one hundred eighty (180) days for the correction of any deficiencies.

(5) Within thirty (30) days of the conclusion of a continuing education program, the sponsor shall submit to the Board documentation identifying the program and listing the attending licensees. Failure to comply with this requirement may result in the Board’s disallowance of credit for such program.

History

• Authority: T.C.A. §§ 62-5-203, 62-5-601, 62-5-605, 62-5-605(3), 62-5-609, and 62-5-611.
• Administrative History: Original rule filed May 28, 1999; effective August 11, 1999. Amendments filed December 12, 2018; effective March 12, 2019.

Tenn. Comp. R. & Regs. 0660-10-.06 WITHDRAWAL OF APPROVAL

(1) Any changes made to a program by the sponsor after approval is granted must be approved by the Board. Failure of the sponsor to obtain approval of changes in a program shall be grounds for withdrawal of approval of the program by the Board.

(2) Approval of any continuing education program may be withdrawn by the Board if the program fails to comply with the relevant statutes or the provisions of this chapter.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-611.
• Administrative History: Original rule filed May 28, 1999; effective August 11, 1999.

Tenn. Comp. R. & Regs. 0660-10-.07 EXTENSIONS OF TIME

(1) The Board may, upon written request by the licensee, extend for reasonable and just cause, the time within which the licensee must comply with the requirements of this chapter.

(2) Any licensee who is granted an extension of time under this rule shall remain subject to the provisions of this chapter and shall note such extension on any report or correspondence thereafter submitted until such time as the extension expires or until the licensee meets the continuing education requirements for license renewal.

(3) Any request for an extension of time shall be submitted for consideration by the full Board.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-601.
• Administrative History: Original rule filed May 28, 1999; effective August 11, 1999.

Tenn. Comp. R. & Regs. 0660-10-.08 FAILURE TO OBTAIN REQUIRED CONTINUING EDUCATION

(1) A licensee who is not granted an extension and who fails to obtain the required number of continuing education hours prior to the expiration date appearing on the license shall be denied renewal until the Board receives documentation that the licensee has obtained the required continuing education.

(2) A licensee who is not granted an extension and who fails to obtain the required number of continuing education hours prior to the expiration date appearing on the license shall not engage in any activity which requires a license until or unless the Board renews the license after the licensee demonstrates that all requirements for renewal, including the continuing education requirements and payment of all applicable late fees, have been met.

History

• Authority: T.C.A. §§ 62-5-203, 62-5-601(c), and 62-5-610.
• Administrative History: Original rule filed May 28, 1999; effective August 11, 1999.

Tenn. Comp. R. & Regs. 0660-10-.09 RECIPROCITY

The Board may recognize for continuing education credit attendance by licensees at continuing education programs in other states so long as the program is recognized and approved by the appropriate governmental agency of that state. Licensees claiming credit for attendance at continuing education programs in other states shall comply with all reporting requirements of this

chapter.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-602.
• Administrative History: Original rule filed May 28, 1999; effective August 11, 1999.

Chapter 0660-11 Standards of Service and Practice

Tenn. Comp. R. & Regs. 0660-11-.01 PURPOSE

These standards of service and practice shall be the minimum standards to be followed by persons engaging in the profession of funeral directing, embalming or operation of a funeral establishment.

History

• Authority: T.C.A. § 62-5-203.
• Administrative History: New rule filed December 7, 2009; effective March 10, 2010.

Tenn. Comp. R. & Regs. 0660-11-.02 PREPARATION ROOMS

(1) Each preparation room shall be equipped with a permanently installed ventilation fan of appropriate size and in good working order.

(2) An establishment shall take reasonable steps to ensure that the preparation room is secured to prevent unauthorized entry.

(3) Preparation rooms shall have no windows that would permit persons outside to see into the preparation room.

(4) All surfaces, instruments, tables, fixtures and equipment shall be cleaned and sanitized and all waste and soiled clothing properly disposed of as soon as practicable after preparation of a body.

(5) The preparation room shall be maintained in an orderly manner, free from clutter.

(6) Each preparation room shall be dedicated exclusively to the preparation of either dead human bodies or dead non-human bodies and signage shall be posted on or immediately adjacent to the entry door of the respective preparation room indicating the designated

purpose.

(7) At no time shall any refrigerator, container, tool, or implement be used to prepare, hold or store both dead human bodies and dead non-human bodies. Each refrigerator, container, tool, or implement shall be utilized exclusively for either dead human bodies or dead nonhuman bodies.

(8) All refrigerators and containers shall be labeled to designate usage for the preparation or storage of either dead human bodies or dead non-human bodies if the establishment offers services for dead non-human bodies.

History

• Authority: T.C.A. §§ 62-5-203, 62-5-313, 62-5-313(b)(2), and 62-5-317.
• Administrative History: New rule filed December 7, 2009; effective March 7, 2010. Amendments filed December 12, 2018; effective March 12, 2019.

Tenn. Comp. R. & Regs. 0660-11-.03 USE OF OUTSIDE SERVICES

No funeral director, embalmer or establishment shall utilize the services of an independent contractor, trade embalmer, or any other outside provider if the funeral director, embalmer or establishment knows, or reasonably should know, that such independent contractor, trade embalmer, or other outside provider is in violation of any statute or rule pertaining to the Board.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-317.
• Administrative History: New rule filed December 7, 2009; effective March 7, 2010.

Tenn. Comp. R. & Regs. 0660-11-.04 PUBLIC AREAS

(1) Each establishment shall have public restroom accommodations which shall be maintained in good working order, clean and stocked with toilet tissue, towels and hand soap.

(2) All public areas shall be kept in a good state of repair.

(3) All sidewalks, entrances and walkways shall be free from debris, ice or other obstacles to the extent practicable.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-317.
• Administrative History: New rule filed December 7, 2009; effective March 7, 2010.

Tenn. Comp. R. & Regs. 0660-11-.05 PROFESSIONAL CONDUCT

(1) All persons engaged in the profession of funeral directing, embalming or operation of a funeral establishment shall at all times act in a professional manner including, but not limited to, the following:

(a) Members of the public shall be treated in a reasonable manner. Unreasonable treatment is conduct that falls below the standard of professional conduct including, but not limited to:

1. Abusive, aggressive, hostile, or disrespectful conduct; or 2. Being unresponsive to a member of the public for an unreasonable period of time without justification, such as: not returning phone calls, not answering inquiries, or leaving a member of the public unattended.

(b) Establishments shall honor financial obligations to suppliers, distributors, or other persons with whom they conduct business in a timely manner.

(c) If a particular funeral establishment has custody of a decedent’s remains, but is not selected by a person(s) with a vested right under T.C.A. § 62-5-703 to control the disposition of the remains, the funeral establishment must release the remains to the establishment that is properly selected, regardless of whether the costs of any merchandise or services provided by the initial funeral establishment are paid at the time of release. Such costs shall remain payable by the selected funeral establishment; failure to pay upon lawful demand may result in disciplinary action imposed by the Board. Nothing herein shall be construed to affect the civil liability of the responsible party or other persons under relevant law.

(d) Any person who has been assessed a fee pursuant to statute or rules of the Board, and which fee is currently due, shall submit payment within the time provided by written notice.

(e) Any licensee, upon receiving any notice from the Board requesting a response, including but not limited to, notice that a complaint has been opened against the licensee, shall respond within the time specified in the notice. Provided, the director may grant a request for extension submitted within the period of time stated in the original notice.

(f) A funeral director, embalmer, or establishment shall not unreasonably delay the filing of a certificate of death.

(g) An embalmer shall make every reasonable effort to return viscera to the body cavity for final disposition. In the event the embalmer is unable to return the viscera to the body cavity, the viscera shall be placed in a non-porous container, labeled as such, and disposed of in an identical manner to the remains.

(h) Licensees shall obey any lawful order entered by the Board.

(i) A licensee or registrant shall not engage in any conduct that may mislead or deceive the public as to the physical location of any funeral establishment.

(j) Funeral directors, embalmers, and establishments shall conduct themselves in a way that does not offend the reasonable sensibilities of the public and reflects respect for dead human bodies.

History

• Authority: T.C.A. §§ 62-5-203, 62-5-313, and 62-5-317.
• Administrative History: New rule filed December 7, 2009; effective March 7, 2010. Amendment filed June 2, 2014; effective August 31, 2014. Amendments filed December 12, 2018; effective March 12, 2019. Amendments expired pursuant to Chapter 429, § 1 of the 2019 Public Acts, effective May 21, 2019, and the rule reverted to its previous status. Amendments filed November 4, 2022; effective February 2, 2023.

Tenn. Comp. R. & Regs. 0660-11-.06 MISLEADING, DECEPTIVE OR UNFAIR ACTS OR PRACTICES

(1) No funeral director, embalmer or establishment shall:

(a) Engage in any unfair or deceptive acts or practices defined in the Funeral Rule;

(b) Fail to comply with any preventive requirements specified in the Funeral Rule; or (c) Engage in any other act, omission or practice that is misleading or deceptive.

(2) The amount charged for any cash advance item shall not exceed the amount paid for such item by the funeral establishment; except, however, that the establishment shall not be required to pass on to the customer any discount which is openly and regularly made available to the establishment, if such establishment discloses to the customer the fact that it does or may receive such discount.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-317.
• Administrative History: New rule filed December 7, 2009; effective March 7, 2010.

Tenn. Comp. R. & Regs. 0660-11-.07 RECORDS

(1) All records subject to inspection by Federal Trade Commission officials as provided in the Funeral Rule shall be made available to the Board (or its authorized representatives) under the same terms.

(2) A licensee shall submit, upon request of the Board or the Board's designee, any records kept by the licensee in the normal course of business.

(3) Each establishment shall provide written notification to the Board on a form designated by the Board no less than thirty (30) days prior to the preparation of non-human remains at the establishment. An establishment shall obtain a reinspection prior to offering such services to ensure compliance with the applicable laws, rules, and regulations. Each establishment shall promptly provide written notification to the Board if it ceases to offer such services.

(4) Each establishment shall ensure that its price lists and any other documents required by the FTC Funeral Rule or T.C.A. Title 62, Chapter 5 and the accompanying rules and regulations do not include any services or merchandise for non-human remains.

(5) Each establishment shall ensure that any trust accounts required by the FTC Funeral Rule or T.C.A. Title 62, Chapter 5 and the accompanying rules and regulations do not include any funds derived from services or merchandise provided for non-human remains.

History

• Authority: T.C.A. §§ 62-5-203 and 62-5-313.
• Administrative History: New rule filed December 7, 2009; effective March 7, 2010. Amendments filed December 12, 2018; effective March 12, 2019.

Tenn. Comp. R. & Regs. 0660-11-.08 BURIAL ASSOCIATIONS

(1) If any person or entity subject to the supervision of the Board directly or indirectly engages in the establishment, management, operation or control of a burial association (a) for personal profit or benefit, or (b) in any manner which is contrary to the applicable state statutes or rules, such person or entity shall be deemed by the Board to be guilty of unprofessional conduct; provided however, that necessary and incidental expenses of operating the burial association may be included in the death benefit assessment without being considered profit to the association.

(2) If any person or entity subject to the supervision of the Board issues certificates for membership in a burial association directly or indirectly in violation of applicable state statutes or rules, it will be presumed that the association is being operated for personal profit of the person or entity, and the Board will cause an investigation to be made to determine whether there is subterfuge resulting in unprofessional conduct of such gravity as to warrant revocation or suspension of the license.

History

• Authority: T.C.A. §§ 4-5-203 and 62-5-317.
• Administrative History: New rule filed December 7, 2009; effective March 7, 2010.

Chapter 0660-12 Removal Service

Tenn. Comp. R. & Regs. 0660-12-.01 REMOVAL SERVICE

(1) No removal service, as defined in T.C.A. Title 62, Chapter 5, Part 1, shall operate in this state without first registering with the Board as a removal service.

(2) An application for registration as a removal service shall be submitted on a form prescribed by the Board and shall be accompanied by a nonrefundable fee as set by the Board and proof of liability insurance in an amount set by the Board.

(3) The Board may renew a certificate of registration provided that an application for renewal, accompanied by a nonrefundable fee set by the Board and proof of liability insurance in an amount set by the Board, is received by the Board no later than the date of expiration.

(4) At no time shall a dead human body be transported in any manner with a dead non-human body unless prior written consent is obtained from the responsible party for the dead human body.

History

• Authority: T.C.A. §§ 62-5-203, 62-5-313, and 62-5-318.
• Administrative History: Emergency rule filed January 3, 2014; effective through July 2, 2014. Emergency rule expired July 2, 2014; rule reverted to reserved status July 3, 2014. Original rule filed December 3, 2014; effective March 3, 2015. Amendments filed December 12, 2018; effective March 12, 2019.