Tennessee funeral-board revokes embalmer’s license, issues fines and warnings across multiple complaints

At a July 2025 meeting, the Tennessee Board of Funeral Directors and Embalmers voted on a slate of disciplinary matters brought by board legal staff, approving a revocation, several civil penalties tied to expired licenses and FTC disclosure errors, two complaint closures and a letter of warning in a personnel conduct complaint.

Board legal counsel Bryant summarized the cases and recommendations throughout the session. On complaint 2025004551, Bryant told the board that criminal court judgment documents showed the respondent pleaded guilty on April 17, 2025, to forgery charges — one charge classified as a class E felony for $1,000 or less and another classified as a class C felony for more than $10,000 but less than $60,000 — and that the respondent failed to notify the board as required. Bryant said, “Pursuant to 10 comp r and reg 0660Dash01Dash point 03, respondent is required to report in writing to the board within 10 days the conviction of any felony,” and recommended revocation of the respondent’s embalmer license. The board voted to approve counsel’s recommendation to revoke the embalmer’s license and to authorize a consent order or formal hearing if necessary.

Several routine inspection findings led to monetary penalties for establishments and individuals whose funeral-director licenses had lapsed. In cases arising from a routine inspection on April 28, 2025, the board accepted counsel’s recommendations and imposed civil penalties as follows: complaint 2025027571 — $500 (establishment-level finding that an employee acted as a funeral director during an expired-license period); complaint 2025027581 — $250 (individual license lapse and related activity); complaint 2025027591 — $750 (establishment lapse that also involved failure to list the reason for embalming on the statement of funeral goods and services as required by the FTC); complaint 2025027601 — $250 (individual lapse tied to the same set of events); and complaint 2025027611 — $750 (manager/establishment findings including omitted embalming reason on statements). The board motioned on each recommendation and carried each motion.

The board also considered a set of related complaints arising from an April 15, 2025 inspection that involved a manager whose funeral-director license lapsed for a short period; counsel recommended a $250 civil penalty and the board approved that recommendation. In another related inspection file (listed in the transcript as complaint number 202527851), legal recommended a $250 civil penalty; the board voted to accept counsel’s recommendation. (Transcript contains a motion statement mistakenly calling for a "$202,150 dollar civil penalty"; the legal report and earlier discussion consistently list the recommended penalty as $250.)

Two complaints involving the same individual (complaint numbers 2025028411 and 2025033871) alleged inappropriate physical contact and subsequent communications with a grieving client. Legal summarized the complainant’s account and the respondent’s reply, which said the contact was intended as pastoral comfort and that the respondent later reimbursed the complainant. Legal said the complainant did not want license revocation or a civil penalty and recommended closure of both complaints; the board voted to close complaints 2025028411 and 2025033871.

In complaint 2025031241, a family member alleged that the legal next of kin was not notified of a death. Counsel reported that the respondent produced a valid durable power of attorney authorizing the decedent’s mother to direct disposition and recommended closure. Bryant explained that under the applicable statute a valid durable power of attorney that contemplates post-death decisions supersedes the authority of a living spouse for right of disposition; the board accepted counsel’s recommendation and closed the complaint.

Bryant also noted that in some of the inspected cases the statement of funeral goods and services omitted the stated reason for charging an embalming fee, which the legal report tied to the Federal Trade Commission’s disclosure requirements for funeral providers. Several establishments agreed to retrain staff on correct data entry, and in one instance an establishment issued a refund to a family and additionally paid a cashier’s check after follow-up demands.

Votes at a glance (board actions mentioned in the legal report and recorded on the meeting record): complaint 2025004551 — recommendation: revocation of embalmer license; mover: Randy Nash; seconder: Wendell Naylor; outcome: approved. complaint 2025027571 — recommendation: $500 civil penalty (consent order authorized); mover: Tim Wheeler; seconder: Don Haines; outcome: approved. complaint 2025027581 — recommendation: $250 civil penalty; mover: Randy Nash; seconder: Pam Stevens; outcome: approved. complaint 2025027591 — recommendation: $750 civil penalty; mover: Don Haines; seconder: Randy Nash; outcome: approved. complaint 2025027601 — recommendation: $250 civil penalty; mover: Randy Nash; seconder: Wendell Naylor; outcome: approved. complaint 2025027611 — recommendation: $750 civil penalty; mover: Tim Wheeler; seconder: Wendell Naylor; outcome: approved. complaint 202527851 — recommendation: $250 civil penalty (as reported by counsel); mover: Randy Nash; seconder: Don Haines; outcome: approved. complaint 2025027731 — recommendation: $250 civil penalty; mover: Pam Stevens; seconder: Tim Wheeler; outcome: approved. complaints 2025028411 and 2025033871 — recommendation: closure/dismissal; mover: Randy Nash; seconder: Wendell Naylor; outcome: approved (closure for both). complaint 2025031241 — recommendation: closure based on valid durable power of attorney; mover: Pam Stevens; seconder: Tim Wheeler; outcome: approved (closure).

Discussion vs. decision: the record shows legal presented factual findings (inspection reports, court judgment, copies of a durable power of attorney and a signed release), board members asked clarifying questions about restitution and timelines, and the board acted on counsel’s recommendations. Where counsel reported the existence of refunds, releases or text-message evidence, the board discussed the context and then voted according to legal’s recommendations.

Why it matters: the board’s actions enforce license-reporting requirements after felony conviction, reinforce the requirement that licensed managers have current credentials at all times, and emphasize compliance with FTC disclosure rules on funeral statements of goods and services. The board’s decisions include both punitive sanctions and administrative closures or warnings depending on the facts and complainant preferences.