Tennessee funeral board issues fines, warnings and a 12‑month suspension after multiple complaints

The Tennessee Funeral Directors and Embalmers board on May 13 voted on a series of disciplinary matters stemming from routine inspections and complaints, approving civil penalties, letters of warning and a 12‑month suspension for a licensee after updated information about misconduct.

Mister Bryant, board legal counsel, presented the legal report and recommended outcomes for each matter, and the board voted on each recommendation and several adjustments. The board approved fines ranging from $250 to $2,000, issued multiple letters of warning, closed several complaints after respondents corrected or remedied issues, and approved three new establishment applications.

Why it matters: The decisions affect how funeral establishments and licensed funeral directors and embalmers must track license expirations, document cremation and disposition paperwork, and maintain a licensed manager for an establishment. Several cases turned on whether employees or managers continued to perform licensed activities after a license expired and on whether paperwork (such as cremation authorization forms) met statutory requirements.

Most consequential action

The board revisited a previously decided matter after new information was submitted about a licensee who, while working in a funeral vehicle, was involved in conduct that led to criminal charges and to questions about the care of a decedent placed in that vehicle. After discussion, the board amended its prior disciplinary determination and voted unanimously to retain the previously assessed $2,000 in civil penalties (a $1,000 assessment on each of two licenses) and to suspend the licensee’s funeral director and embalmer licenses for 12 months. The suspension order requires the licensee to provide proof of five hours of in‑person continuing education in ethics, and to show that any criminal‑court obligations related to the incident have been satisfied before the board will consider reinstatement.

Randy Nash, a board member, argued for stronger action: “I don’t think a civil penalty is something that is going to make a difference,” Nash said during the discussion, arguing the conduct warranted suspension rather than only fines. The board adopted a motion that incorporated the fines, the 12‑month suspension, the education requirement and the requirement to demonstrate completion of criminal‑court obligations.

Common themes and other outcomes

- Expired licenses and the 90‑day administrative window: Multiple complaints arose from individuals who continued to perform license‑related duties after their license expiration dates. Mister Bryant emphasized that the 90‑day administrative window is not authorization to practice; it is an administrative mechanism that can make reinstatement easier if used promptly. The board increased several proposed civil penalties for repeat or prolonged violations and instructed staff to consider stronger outreach about expiry notices.

- Cremation paperwork and dating signatures: In one case the board recommended (and the board adopted) a letter of warning after an inspection found cremation authorization paperwork that lacked a clear place to date a funeral director’s signature; staff said they would contact the crematory to request that the form be revised to include a date line to reduce future risk.

- Manager absence at an establishment: One establishment was found to have operated without a properly designated manager for roughly three months after the manager’s sudden death; the board approved a $2,000 civil penalty, noting repeated management‑related problems at that location in 2023–24.

- Complaint closures and consumer remedies: A number of consumer complaints were closed after respondents provided refunds or evidence that corrective steps had been completed; the board issued letters of warning where communication or timeliness issues remained.

Votes at a glance (selected disciplinary outcomes)

- Complaint 2025006041: $500 civil penalty; consent order authorized; formal hearing if necessary. Motion carried. - Complaint 2025007801: Board increased recommended $500 to $750 civil penalty; consent order authorized. Motion carried. - Complaint 2025007811 (same employee as above): $750 civil penalty. Motion carried. - Complaint 2025010861: Increased to $1,000 civil penalty (board motion for consistency with prior decisions). Motion carried. - Complaint 270108901 (manager‑related matter listed sequentially): $750 civil penalty. Motion carried. - Complaint 2025010931: Letter of warning; board directed staff to notify the crematory and the funeral home that forms must include a date. Motion carried. - Complaint 2025010951: Letter of warning. Motion carried. - Complaint 202501487: $500 civil penalty. Motion carried. - Complaint 2025019501: $250 civil penalty. Motion carried. - Complaint 2024068371: Closed with a custom closure letter advising the complainant about civil remedies. Motion carried. - Complaint 2025013351 (billing/refund): Closed after respondent issued refund and documented corrective action. Motion carried. - Complaint 2025005061 (no manager after death of manager; 26 services): $2,000 civil penalty; consent order authorized. Motion carried. - Complaint 2025008651 (delayed corrected death certificate): Letter of warning. Motion carried. - Complaint 2025006831 (alleged embalming/appearance complaint): Closed after investigation. Motion carried. - Complaint 2025009281 (urn internment delayed/misplacement): Letter of warning; respondent ultimately provided photos and corrected placement. Motion carried. - Complaint 2025011761 (website/address/closed affiliate listed): Letter of warning related to listing a closed affiliated location; other findings not treated as violations. Motion carried. - Complaints 2025000551 / 2025001921 and later related filings (licensee involved in stalking/vehicle incident): Board previously assessed $1,000 per license (total $2,000). After the supplemental information presented at this meeting, the board amended the prior resolution and voted unanimously to retain the $2,000 civil penalty and to suspend the funeral director and embalmer licenses for 12 months. The suspension order requires five hours of in‑person continuing education in ethics and proof that any criminal‑court obligations are satisfied before the board will consider reinstatement. Motion carried unanimously. - Complaint 2025001031 (next‑of‑kin/right of disposition dispute): $750 civil penalty; consent order authorized. Motion carried.

Licensing and establishment approvals

The board approved three initial establishment applications after applicants submitted the documents and photographs requested by board members and staff: - Choice Cremation (proposed manager: Emily Crow) — application approved. - Scales Starks Funeral Service Inc. (proposed manager: Brandon Starks) — application approved with board discussion about shared conference room use and assurances about separation of the establishment’s space. - Stevens Funeral and Cremation Services (proposed manager: Philip Charlan) — application approved.

What the board asked staff to do

Board members asked staff to review and, where warranted, strengthen renewal and late‑notice letters to make clear that licensees may not perform licensed activity after expiration. Staff also agreed to follow up with a crematory about revising a form that lacks a clear date line, and to include recent consent orders and any consolidated orders in case files where the board revised prior determinations.

Board counsel and executive director reports

Mister Bryant reviewed rule citations and case details during the legal report; Mister Gribble, the executive director, briefed the board on legislative items affecting the profession, including bills that change apprenticeship requirements and other administrative matters. The board was reminded that several rule revisions are scheduled for a rule‑making hearing at the June meeting.

The board adjourned after taking the disciplinary and licensing actions.

Ending note: The board’s actions underscore the regulatory emphasis on maintaining current licensure, accurate and dated documentation for cremation and disposition, and timely appointment of a licensed manager for an establishment.