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2023 Tennessee Code
Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203)
Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810)
Part 2 - BOARD OF FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-201 — 62-5-208)
Section 62-5-208 - Power to conduct inspections and investigate complaints
Universal Citation:
TN Code § 62-5-208 (2023)
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- (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.
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