State Board of Funeral Directors and Embalmers
Pursuant to Tenn. Code Ann. § 4-3-1306(d), you are receiving this notice because you have elected to receive notification by e-mail of certain or potential changes to the law applicable to your profession. You may have received a similar notice on or about December 21, 2018, regarding these rules. Rules must be on file with the Secretary of State’s office for ninety (90) days before they become effective. The Tennessee Board of Funeral Directors and Embalmers (“Board”) approved these rules at a rulemaking hearing held on October 9, 2018, and the vast majority of these amendments will become effective on March 12, 2019.
Summary of Amendments:
Rule 0660-01-.03 is amended to require notification of the permanent closure of a funeral establishment within ten (10) days of the effective date of the change.
Rule 0660-02-.01 is amended to clarify that an applicant must pass either the NBE or SBE and the LRR prior to the issuance of a license with a thirty (30) day waiting period between unsuccessful attempts for each examination. Further, the examination results for the Laws, Rules, and Regulations Examination (LRR) shall only be valid for one (1) year.
Rule 0660-02-.02 is amended to specify that grades are sent from the testing agency directly to the Executive Director of the Board in a format prescribed by the Board. Further, examinees are now required to resolve disputes directly with the testing agency.
Rule 0660-03-.01 is amended to reduce the fees for students from seventy dollars ($70.00) to fifty dollars ($50.00) and further explains that any dually enrolled student would only have to pay one fee. Apprentice funeral director and embalmer fees are reduced from seventy dollars ($70.00) to fifty dollars ($50.00).
Rule 0660-03-.03 is amended to reduce the licensing fees for funeral directors and embalmers from two hundred seventy-five dollars ($275.00) to two hundred thirty-five dollars ($235.00).
Rule 0660-04-.01 is amended by adding a requirement that a person beginning a required course of study register with the Board. In addition, this amendment keeps individuals from re-registering for apprenticeships by creating a waiting period when they have either completed an apprenticeship or substantially completed an apprenticeship within a twelve (12) month period or less. The amendment further requires an application for an apprenticeship registration to be fully completed by a registrant within ninety (90) days of receipt by the Board’s office.
Rule 0660-05-.01 is amended by requiring any application for licensure as a funeral director or embalmer to be completed by the applicant within ninety (90) days of receipt by the Board’s office.
Rule 0660-06-.01 is amended by requiring any application for an establishment license to be completed by the applicant within ninety (90) days of receipt by the Board’s office.
Rule 0660-06-.02 is amended allowing the Board more discretion to examine the type of professional signage. In addition, the Board may also consider the volume of services provided for non-human remains as well as the type and volume of advertising services for non-human remains in determining whether a proposed fixed place of business or establishment is devoted to the care and preparation of dead human bodies.
Rule 0660-06-.04 is amended to require a re-inspection of an establishment prior to the offering of services related to the preparation of non-human remains.
Rule 0660-09-.01 is amended to require designations of the use of certain equipment and tools in the cremation process for either human or non-human bodies.
Rule 0660-10-.03 is amended to clarify that the five (5) “in person” continuing education hours can also be obtained through an interactive virtual program.
Rule 0660-10-.04 defines what qualifies as an interactive virtual program.
Rule 0660-10-.05 requires a record to be kept pertaining to any interactive virtual program detailing its compliance with the requirements for such programs.
Rule 0660-11-.02 is amended to require designations of the use of certain equipment and tools in the preparation process for either human or non-human bodies.
Rule 0660-11-.05: defines unreasonable treatment to include unresponsive behavior to a member of the public. It allows funeral directors and embalmers to be held for unprofessional conduct for the untimely filing of death certificates. It further creates a process for cases that involve sexual misconduct related to or regarding a dead human body. Finally, it grants the Board discretion in cases where it appears an establishment is misleading the public as to its physical location.
Rule 0660-11-.07 is amended to clarify the necessary notifications and procedures related to providing of services for non-human remains.
Rule 0660-12-.01 is amended to require written consent in order for non-human and human remains to be transported together.
Summary of New Rule(s):
Rule 0660-03-.12 creates a $100 submission fee for cremation authorization forms that are not furnished by the Board. It further creates a requirement that these forms, upon submission, demonstrate compliance with the applicable laws and rules.
These rules are available for review on the Secretary of State’s website under Pending Rules: https://publications.tnsosfiles.com/rules_filings/12-19-18.pdf
The above-mentioned rules will become effective on March 12, 2019, with the exception of new rule 0660-03-.12. New rule 0660-03-.12 will become effective on July 1, 2019.
If you have any questions or concerns about these rules, please contact Cherrelle Hooper, Assistant General Counsel, at (615) 741-3072 or electronically at Cherrelle.Hooper@tn.gov