Tenn. Comp. R. & Regs. 0660-11-.05 - PROFESSIONAL CONDUCT
(1) All persons
engaged in the profession of funeral directing, embalming or operation of a
funeral establishment shall at all times act in a professional manner
including, but not limited to, the following:
(a) Members of the public shall be treated in
a reasonable manner. Unreasonable treatment is conduct that falls below the
standard of professional conduct including, but not limited to:
1. Abusive, aggressive, hostile, or
disrespectful conduct; or
2. Being
unresponsive to a member of the public for an unreasonable period of time
without justification, such as: not returning phone calls, not answering
inquiries, or leaving a member of the public unattended.
(b) Establishments shall honor financial
obligations to suppliers, distributors, or other persons with whom they conduct
business in a timely manner.
(c) If
a particular funeral establishment has custody of a decedent's remains, but is
not selected by a person(s) with a vested right under T.C.A. §
62-5-703 to control the
disposition of the remains, the funeral establishment must release the remains
to the establishment that is properly selected, regardless of whether the costs
of any merchandise or services provided by the initial funeral establishment
are paid at the time of release. Such costs shall remain payable by the
selected funeral establishment; failure to pay upon lawful demand may result in
disciplinary action imposed by the Board. Nothing herein shall be construed to
affect the civil liability of the responsible party or other persons under
relevant law.
(d) Any person who
has been assessed a fee pursuant to statute or rules of the Board, and which
fee is currently due, shall submit payment within the time provided by written
notice.
(e) Any licensee, upon
receiving any notice from the Board requesting a response, including but not
limited to, notice that a complaint has been opened against the licensee, shall
respond within the time specified in the notice. Provided, the director may
grant a request for extension submitted within the period of time stated in the
original notice.
(f) A funeral
director, embalmer, or establishment shall not unreasonably delay the filing of
a certificate of death.
(g) An
embalmer shall make every reasonable effort to return viscera to the body
cavity for final disposition. In the event the embalmer is unable to return the
viscera to the body cavity, the viscera shall be placed in a non-porous
container, labeled as such, and disposed of in an identical manner to the
remains.
(h) Licensees shall obey
any lawful order entered by the Board.
(i) A licensee or registrant shall not engage
in any conduct that may mislead or deceive the public as to the physical
location of any funeral establishment.
(j) Funeral directors, embalmers, and
establishments shall conduct themselves in a way that does not offend the
reasonable sensibilities of the public and reflects respect for dead human
bodies.
Notes
Authority: T.C.A. §§ 62-5-203, 62-5-313, and 62-5-317.
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