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Board issues warning after debate over handling a decedent and refrigeration timing in Jewish burial case

December 10, 2025 | Commerce & Insurance, Deparments in Office of the Governor, Organizations, Executive, Tennessee


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Board issues warning after debate over handling a decedent and refrigeration timing in Jewish burial case
A lengthy investigation presented Dec. 9 to the Tennessee Board of Funeral Directors and Embalmers described a case in which a decedent brought to a funeral establishment on Oct. 31/Nov. 1, 2024 remained in a temperature-controlled care center set near 60°F for approximately 78 hours and 25 minutes before being moved to the refrigeration unit. The decedent's family alleged significant decomposition and said Jewish burial customs were not properly accommodated.

Legal counsel summarized the timeline and evidence, noting that Tennessee has no statute that requires a decedent be refrigerated within any specific time frame. Counsel pointed board members to professional-conduct Rule 0660-11-0.05(j), which requires funeral professionals to "conduct themselves in a way that does not offend the reasonable sensibilities of the public and reflects respect for dead human bodies." Counsel recommended the board discuss whether the conduct at issue rose to that professional-conduct violation.

Board members with embalming and funeral-service experience questioned why the decedent was not moved to refrigeration sooner (one member said many practitioners would move a decedent to refrigeration after an arrangement conference when embalming is not planned). Counsel explained scheduling constraints (the rabbi's availability) and said the respondent waived fees and refunded charges to the family while offering a discount on the memorial service.

After substantial discussion about the facts, available rules, and institutional practices, the board voted to issue a letter of warning referencing Rule 0660-11-0.05(j) rather than pursue a civil penalty, directing counsel to draft the warning and document corrective steps. The board emphasized that while no refrigeration statute exists, the professional-conduct standard was the appropriate regulatory vehicle for addressing community concerns about respect for decedents.

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