Tenn. Code Ann. § 62-5-208 (2024)

• (a) Notwithstanding any provision of this chapter or rule to the contrary, the board is authorized to conduct inspections and investigate complaints to enforce this chapter.

• (b) The board, utilizing an authorized representative licensed as a funeral director and embalmer, shall:
  • (1) Inspect a funeral establishment making application to the board for initial licensure, change of ownership, or change of location, prior to approving the application; provided, if the establishment to be inspected is a crematory facility, the authorized representative shall also be certified as a crematory operator; and
  • (2) Conduct an unannounced inspection of every funeral establishment each year. The following provisions apply to inspections required by this subdivision (b)(2):
    • (A) Inspections shall be conducted on weekdays between the hours of eight o'clock a.m. (8:00 a.m.) and four-thirty p.m. (4:30 p.m.);
    • (B) Inspections shall be limited in scope to items in an inspection checklist that shall be published on the board's website; provided, that violations of other items that are plainly visible may be documented; and
    • (C) If a funeral establishment is unable to participate due to factors not reasonably within its control, the authorized representative may defer the inspection, or a portion thereof, and the funeral establishment shall not incur a reinspection fee.

• (c) During the course of inspections, reasonable care shall be used to avoid disruption to invitees being served by the funeral establishment.

• (d) A licensee shall not unreasonably fail to cooperate with an authorized representative acting in accordance with this chapter.

Amended by 2015 Tenn. Acts, ch. 161,s 2, eff. 4/16/2015.

Added by 2014 Tenn. Acts, ch. 690,s 2, eff. 4/15/2014.