Tennessee § 62-5-318 - Requirement that removal service be registered with board of funeral directors and embalmers — Registration fee — Registration and renewal forms — Penalty.

§ 62-5-318. Requirement that removal service be registered with board of funeral directors and embalmers — Registration fee — Registration and renewal forms — Penalty.

On or after January 1, 2014, no removal service shall operate in this state unless the removal service is registered with the board of funeral directors and embalmers. All such registrations shall expire two (2) years from the date of the registration or renewal. The board may promulgate and adopt such rules and regulations to establish adequate registration and renewal fees to cover the administrative costs associated with the registration program. In conjunction with the registration fee, the registrant must provide proof of liability insurance in an amount to be determined by the board by rule. Included on each registration and renewal form shall be a section whereby the applicant or registrant shall declare, under penalty of perjury pursuant to § 39-16-702(a)(4), whether such registrant or any principal officer, director, or any person owning more than five percent (5%) of the removal service, has ever been convicted of a violation of this chapter or § 39-17-312. An applicant shall be prohibited from registering under this section for five (5) years from the date of conviction if the applicant or any principal officer, director, or any person owning more than five percent (5%) of the applicant's removal service has been convicted of a violation of this chapter or § 39-17-312. On or after January 1, 2014, it is an offense for a person to engage in the business of a removal service without registering or after falsely registering with the board. A violation of this section is a Class C misdemeanor. The registration of a removal service shall be immediately revoked by operation of law upon the conviction of the removal service or any principal officer, director, or person owning more than five percent (5%) of the removal service of any violation of this chapter or § 39-17-312. A copy of the judgment of conviction shall be transmitted to the board by the law enforcement agency responsible for the conviction. Acts 2013, ch. 437, § 2. Cross-References. Penalty for Class C misdemeanor, § 40-35-111 . 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).