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Tennessee funeral board issues fines, warnings and referrals after multiple inspections and complaints
Summary
At its Jan. 14 meeting, the Tennessee Board of Funeral Directors and Embalmers accepted counsel recommendations across more than a dozen complaint files stemming from 2024 inspections and consumer reports, issuing civil penalties, letters of instruction and referrals to district attorneys.
The Tennessee Board of Funeral Directors and Embalmers on Jan. 14 accepted legal recommendations on a series of complaints arising from routine inspections and consumer reports in 2024, issuing civil penalties ranging from $250 to $1,000, a letter of instruction, letters of warning and referrals to local district attorneys.
The board's legal counsel, Mr. C. Bridal, presented each case in the board's legal report and recommended outcomes. Board members debated recommended penalties in several files before voting. The actions addressed license lapses, alleged misconduct by employees, questions over preneed contracts and next-of-kin determinations, and repeated unlicensed activity by a former licensee.
Among the outcomes the board approved: - A letter of warning was issued in complaint 2024-051451 after a routine inspection found employees’ licensing status not properly identified on an establishment website. The board voted to accept counsel’s recommendation.
- Complaint 2024051601, which alleged stalking by an employee and related operational concerns, was closed after counsel concluded there was insufficient evidence that the establishment violated board rules; a separate complaint against the employee-licensee remains under investigation.
- Several cases involving expired licenses resulted in civil penalties. The board accepted counsel’s $2,000 consent-order recommendation in complaint 202405321 (establishment license expired June 30, 2024 and the establishment wrote 21 funeral contracts while unlicensed). In other expired-license matters, the board increased several recommended penalties: it raised a recommended $500 fine to $750 for complaint 2024053951 (establishment) and adopted fines for associated individual license lapses ranging from $250 to $500 for related complaints (2024053971, 2024053981, 2024053991, 2024057091 and 2024057091 companion files).
- Complaint 2024057471, arising from a 2021 preneed interaction and a family dispute about price guarantees, was changed from a letter of warning to a letter of instruction after board discussion. Counsel had recommended a letter of warning focused on how pricing and “guaranteed” language were presented; the board chose stronger written guidance to the establishment about disclosure of funded vs. unfunded preneed arrangements.
- Complaint 2024057941 concluded with a $1,000 civil penalty after counsel found the establishment had treated a grandmother as sole next of kin despite the existence of two adult children; while the family ultimately agreed to disposition, counsel recommended a penalty because the board's next-of-kin determination procedures did not appear to be followed.
- A set of longstanding complaints (including case numbers 2021037061, 2021037081, 2021026541, 2021015561, 2021015581, 2021020121, 2022044371, 2022024131, 2022021381, 2023029901 and 2023029921) involving a former licensee’s repeated unlicensed practice were closed administratively and referred to the appropriate district attorneys for potential criminal prosecution. Counsel said sworn statements and investigative materials will be provided to each district attorney.
Board members repeatedly discussed whether penalties for practicing with an expired license should be raised across the board to reduce repeat violations; members noted that the department sends renewal reminders and provided a summary of the state’s renewal and grace-period procedures. Legal counsel and several board members said the board is not bound by prior disposition but should have research-based justification for changing precedent.
The board voted on each file after presentation by legal counsel; motions were made and seconded and each motion carried by voice vote.
The board’s legal actions were procedural (consent orders, civil penalties, letters of instruction/warning) rather than new rulemaking. Several board members asked staff to monitor outstanding consent orders and report on collection and enforcement of civil penalties.
The board approved all legal recommendations and adjustments presented in the legal report during the Jan. 14 meeting. The legal report covered the sequence of complaint numbers, counsel’s recommendations, and the board’s resulting motions and votes.
