Tennessee § 62-5-101 - Chapter definitions.

§ 62-5-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires: “Authorizing agent or agents” means a person or persons legally entitled to authorize the cremation of a dead human body or body parts. “Authorizing agent or agents” does not include a funeral director or funeral establishment; “Board” means the board of funeral directors and embalmers; “Cremation” means the heating process by which a human body or body parts are reduced to bone fragments through combustion and evaporation; “Crematory” means the building or portion of a building that houses one (1) or more cremation chambers used for the reduction of body parts or bodies of deceased persons to cremated remains and the holding facility. “Crematory” includes crematorium; “Embalming” means the preservation and disinfection, restoration or attempted preservation or disinfection of dead human bodies by the application of chemicals externally or internally, or both; “Funeral directing” means the: Practice of directing or supervising funerals or the practice of preparing dead human bodies for burial by any means, other than by embalming, or the disposition of dead human bodies; Making of arrangements to provide for funeral services or the making of financial arrangements for the rendering of funeral services; Provision or maintenance of a place for the preparation for disposition or for the care or disposition of dead human bodies; Use of the word or term “funeral director,” “undertaker,” “mortician,” “funeral parlor,” “funeral chapel” or any other word or term from which can be implied the practice of funeral directing; or Holding out to the public that one is a funeral director or engaged in a practice described in this subdivision (6); For the purposes of this chapter, the following are exempted from the definition of “funeral directing”: The sale, maintenance and beautification of grave spaces; The sale, installation and maintenance of permanent grave or crypt markers; The opening and closing of a grave or crypt and the provision of the necessary grave or crypt equipment required for the final interment or entombment of casketed human bodies or cremated human remains; The sale and maintenance of crypts constructed of permanent material as an integral part of a group of crypts that are constructed on the site of intended use in a cemetery; The sale and maintenance of above ground mausoleum crypts; and The sale of funeral merchandise; Nothing in this section shall be construed as in conflict with § 46-2-101; “Funeral establishment” means any business, whether a proprietorship, partnership, firm, association or corporation, engaged in arranging, directing or supervising funerals for profit or other benefit, the preparing of dead human bodies for burial, the disposition of dead human bodies, the provision or maintenance of place for the preparation for disposition, or for the care or disposition of human bodies; “Licensee” means an embalmer or funeral director who holds a license issued by the board; “Licensing period” means the period of time that a funeral director's or embalmer's license is in effect in this state; “Removal service”: Means any person or entity that engages in arranging, directing, supervising or performing the transportation of deceased human remains for a fee; and Does not include: A licensed funeral director, a licensed embalmer, a licensed funeral establishment or person's employees; A federal, state or county government agency involved in the transportation of deceased human remains; and A private, for-profit ambulance service licensed pursuant to the Emergency Medical Services Act of 1983, compiled in title 68, chapter 140, part 3; “Resident trainee” or “apprentice” means a person who is engaged in learning to practice as a funeral director or embalmer, as the case may be, under the personal supervision and instruction of a duly licensed funeral director or embalmer of this state under this chapter; and “State funeral directors association” means the Tennessee Funeral Directors Association or the Tennessee Funeral Directors and Morticians Association, a corporation. Acts 1951, ch. 13, § 2 (Williams, § 7140.2); Acts 1968, ch. 542, § 1; 1972, ch. 553, § 1; T.C.A. (orig. ed.), § 62-501; Acts 1997, ch. 275, § 1; 2002, ch. 809, § 1; 2010, ch. 720, §§ 3, 4; 2013, ch. 437, § 1. Cross-References. Cemetery merchandise and services, title 46, ch. 1, part 2. Liability of professional societies, title 62, ch. 50, part 1. Recipients of dead bodies to be notified of communicable diseases and AIDS, § 68-5-102 . Reports of certain injuries, § 38-1-101 . Rigid containers not mandatory for remains of certain children, § 68-4-112 . Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Cemeteries, § 9; 15 Tenn. Juris., Insurance, § 22; 17 Tenn. Juris., Licenses, §§ 14, 16. Law Reviews. Caskets “R” Us v. Tennessee Board of Funeral Directors: An open-and-shut case (Bill Haltom), 36 No. 10 Tenn. B.J. 37 (2000). Torts — Crematorium as a Nuisance — Anticipatory Injunction — Psychic and Aesthetic Injury, 34 Tenn. L. Rev. 329. Do Your Job: Judicial Review of Occupational Licensing in the Face of Economic Protectionism, 70 Vand. L. Rev. 1663 (2017). Attorney General Opinions. Human-remains removal service owned by licensed funeral director or licensed embalmer as sole proprietorship is exempt from registration. Service organized as a corporation or LLC that is not a licensed funeral establishment and has a licensed funeral director or a licensed embalmer as an officer or manager is not exempt from registration. OAG 14-18, 2014 Tenn. AG LEXIS 19 (2/13/14).