Tennessee Code Annotated

Tenn. Code Ann. § 62-5-201 (2026)

Creation - Appointment and terms of members

✓ current as of May 2026

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(a) There is created a state board to be known and designated as the board of funeral directors and embalmers for this state. The board shall consist of seven (7) members who shall possess good moral character, shall be residents of the state and shall be appointed by the governor. Four (4) of the members shall be licensed as both funeral directors and embalmers and two (2) of the members shall be licensed as funeral directors, embalmers, or both, all of whom shall possess a minimum of five (5) consecutive years' experience in this state immediately preceding their appointment. At least one (1) member may be appointed from lists of qualified nominees submitted by interested funeral director and embalmer groups including, but not limited to, the Tennessee Funeral Directors Association. At least one (1) member may be appointed from lists of qualified nominees submitted by interested funeral director and mortician groups including, but not limited to, the Tennessee State Funeral Directors and Morticians Association. The governor shall consult with such interested groups to determine qualified persons to fill the positions. One (1) of the seven (7) members serving on the board shall be a person who is not engaged in the business of a funeral director or embalmer or otherwise commercially associated with any funeral establishment. There shall be at least two (2) members but no more than three (3) members from each grand division. In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.

(b) On January 1 of each year, the governor shall appoint a person who shall serve as a member of the board for a period of four (4) years or until a successor is appointed and qualified. It is the purpose of this section that at least one (1) member shall retire from the board at the end of each year, thereby creating a rotating board.

(c) A member of the board shall not be eligible for at least one (1) term for reappointment to membership on the board.

(d) Vacancies occurring on the board shall be filled in accordance with this section for the balance of the unexpired term.

Amended by 2015 Tenn. Acts, ch. 161,s 1, eff. 4/16/2015.

Acts 1951, ch. 13, § 3 (Williams, § 7140.3); Acts 1959, ch. 314, § 1; 1980, ch. 554, § 3; T.C.A. (orig. ed.), § 62-502; Acts 1988, ch. 1013, § 29; 1991, ch. 284, § 1; 2012, ch. 694, § 1.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2000–2025 · leading case: Craigmiles v. Giles, 312 F.3d 220 (6th Cir. 2002).

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Craigmiles v. Giles, 312 F.3d 220 (6th Cir. 2002). “See Tenn. Code Ann. § 62-5-201 . When the licensing legislation was originally enacted in 1951, the definition of “funeral directing” did not include the sale of caskets and other funeral merchandise, but was limited to the arranging of funeral ceremonies, burial, cremation, and…”

Craigmiles v. Giles, 110 F. Supp. 2d 658 (E.D. Tenn. 2000). “§ 62-5-201. To become a licensed funeral director in Tennessee, persons have two options.”

Van Ness v. Stephens (M.D. Tenn. 2025). · cites it 3× “Tenn. Code Ann. § 62-5-201 (a). The Funeral Board has the power to 4 In evaluating the motion to dismiss, the Court will consider the Complaint and the exhibits attached.”

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