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Tennessee Statutes, Title 62

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Tennessee/Statutes

← All Tennessee coverage

Title 62, Professions, Businesses and Trades

37 chapters · 868 sections in this title.

All chapters in Title 62868 Ch 5, Funeral Directors and Embalmers90 Ch 6, Contractors and Contracting89 Ch 39, State Licensing and Certified Real E…74 Ch 13, Tennessee Real Estate Broker License…60 Ch 4, Cosmetology56 Ch 2, Architects, Engineers, Landscape Arc…55 Ch 32, Fire Protection and Alarm Systems53 Ch 35, Private Protective Services Licensin…43 Ch 3, Barbers31 Ch 21, Tennessee Application of Pesticides …31 Ch 1, Tennessee Accountancy Act of 199826 Ch 19, Auctioneers26 Ch 26, Private Investigators26 Ch 38, Tattoos and Body Piercing25

868 sections·Filtered byTitle 62✕

Tenn. Code Ann. § 62-4-139 Written notice required to all applicable licensees and schools
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The board shall provide written notice of the requirements of §§ 62-4-110(f), 62-4-118(m), 62-4-120(i), and 62-4-120(k) to all applicable licensees and schools under the jurisdiction of the board through the board's website, e-blasts, print mailings, electronic mail, license rene…
Tenn. Code Ann. § 62-4-201 Short title
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This part is known and may be cited as the “Cosmetology Licensure Compact.”
Tenn. Code Ann. § 62-4-202 Enactment
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The Cosmetology Licensure Compact is enacted into law and entered into by this state with all states legally joining the compact and in the form substantially as follows in this part.
Tenn. Code Ann. § 62-4-203 Cosmetology Licensure Compact — Purpose
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(a) The purpose of this compact is to facilitate the interstate practice and regulation of cosmetology with the goal of improving public access to, and the safety of, cosmetology services and reducing unnecessary burdens related to cosmetology licensure. Through this compact, the…

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Tenn. Code Ann. § 62-4-204 Part definitions

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(1) As used in this compact, and except as otherwise provided, the following definitions govern the terms in this compact:(1) “Active military member” means any person with full-time duty status in the armed forces of the United States, including members of the national guard and…

Tenn. Code Ann. § 62-4-205 State participation in the compact

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(a) To be eligible to join this compact, and to maintain eligibility as a member state, a state must:(1) License and regulate cosmetology;(2) Have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state;(3) Require that licens…

Tenn. Code Ann. § 62-4-206 Issuance of a multistate license

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(a) To be eligible to apply to their home state's state licensing authority for an initial multistate license under this compact, a licensee must hold an active and unencumbered single-state license to practice cosmetology in their home state. (b) Upon the receipt of an applicati…

Tenn. Code Ann. § 62-4-207 Reissuance of a multistate license by a new home state

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(a) A licensee may hold a multistate license, issued by their home state, in only one (1) member state at any given time. (b) If a licensee changes their home state by moving between two (2) member states, then:(1) The licensee must immediately apply for the reissuance of their m…

Tenn. Code Ann. § 62-4-208 Licensing authority of the compact commission and member state

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(a) Nothing in this compact, nor any rule or regulation of the commission, must be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of cosmetology in that state, where t…

Tenn. Code Ann. § 62-4-209 Adverse actions

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(a) A licensee's home state has exclusive power to impose an adverse action against a licensee's multistate license issued by the home state. (b) A home state may take adverse action on a multistate license based on the investigative information, current significant investigative…

Tenn. Code Ann. § 62-4-210 Military families

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Active military members, or their spouses, shall designate a home state where the individual has a current license to practice cosmetology in good standing. The individual may retain their home state designation during any period of service when that individual or their spouse is…

Tenn. Code Ann. § 62-4-211 Establishment of cosmetology licensure compact commission

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(a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted this compact, known as the cosmetology licensure compact commission. The commission is an instrumentality of the compact member sta…

Tenn. Code Ann. § 62-4-212 Data system

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(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system. (b) The commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the commission.…

Tenn. Code Ann. § 62-4-213 Rulemaking

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(a) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes of this compact. A rule is invalid and has no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the co…

Tenn. Code Ann. § 62-4-214 Oversight, dispute resolution, and enforcement

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(a) Oversight. (1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement this compact.(2) Venue is proper and judicial proceedings by or against the commission must be br…

Tenn. Code Ann. § 62-4-215 Effective date, withdrawal, and amendment

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(a) (1) The compact comes into effect on the date on which the compact statute is enacted into law in the seventh member state.(2) (A) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the charter member states to dete…

Tenn. Code Ann. § 62-4-216 Construction and severability

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(a) This compact and the commission's rulemaking authority must be liberally construed so as to effectuate the purposes and the implementation and administration of this compact. Provisions of this compact expressly authorizing or requiring the promulgation of rules must not be c…

Tenn. Code Ann. § 62-4-217 Consistent effect and conflict with other state laws

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(a) Nothing in this compact prevents or inhibits the enforcement of any other law of a member state that is not inconsistent with this compact. (b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with this compact are superseded to the e…

Tenn. Code Ann. § 62-5-101 Chapter definitions

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(1) As used in this chapter, unless the context otherwise requires:(1) “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 fune…

Tenn. Code Ann. § 62-5-102 Persons exempt from chapter

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Nothing in this chapter shall be constituted to prevent or interfere with the ceremonies, customs, religious rites or religion of any people, denomination or sect, to prevent or interfere with any religious denomination, sect or any body composed of persons of a denomination, or …

Tenn. Code Ann. § 62-5-103 Penalty for violations

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(a) A violation of this chapter is a Class C misdemeanor. (b) It is the duty of the district attorney general to prosecute violations of this chapter.

Tenn. Code Ann. § 62-5-104 Description of funeral merchandise

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(a) All receptacles and containers used for burial, entombment or other final disposition of a dead human body or the remains of a dead human body shall bear in a conspicuous location on the outside, concise wording describing the material of which the receptacle or container is …

Tenn. Code Ann. § 62-5-105 Hearings and judicial review

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The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter.

Tenn. Code Ann. § 62-5-106 Advertisements

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Any advertisement by a funeral director or embalmer for the sale of merchandise or services that indicates a specific price shall include an itemized listing of each and every item, procedure or service and shall show the price of the item. Failure to include the itemized price l…

Tenn. Code Ann. § 62-5-107 Utilization of licensed crematory facilities by funeral directors — Penalty for violation — Limited civil liability

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(a) A funeral director shall utilize the services only of licensed crematory facilities. (b) If a funeral director utilizes the services of a crematory outside of this state, the crematory must be a licensed facility of the state in which the crematory is located. (c) Prior to ut…

Tenn. Code Ann. § 62-5-108 Display of license on crematory vehicles transporting remains

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(a) Any vehicle that transports a dead human body or body parts from a funeral establishment in this state to a crematory, other than a vehicle that is owned or operated by a funeral establishment and has the name of the funeral establishment on the outside of the vehicle, shall …

Tenn. Code Ann. § 62-5-201 Creation — Appointment and terms of members

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(a) There is created a state board to be known and designated as the board of funeral directors and embalmers for this state. The board shall consist of seven (7) members who shall possess good moral character, shall be residents of the state and shall be appointed by the governo…

Tenn. Code Ann. § 62-5-202 Oath of members

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Members of the board, before entering upon their duties, shall take and subscribe to the oath of office provided for state officers.

Tenn. Code Ann. § 62-5-203 President — Rules

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The board has the power to select from its members a president and vice president, to adopt, promulgate, and enforce rules and regulations to effectuate this chapter, to transact its business, and to establish standards of service, practice, and education for licensees, consisten…

Tenn. Code Ann. § 62-5-205 Executive director

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The director of the division of regulatory boards or the director's designee shall serve as executive director for the board and shall provide all administrative functions for the board.

Tenn. Code Ann. § 62-5-206 Meetings — Quorum

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(a) The board may hold meetings that it may deem necessary; provided, that all members have been notified in writing of the meetings and may transact any business at any such meeting. (b) Four (4) or more members shall comprise a quorum authorizing the board to transact the busin…

Tenn. Code Ann. § 62-5-207 Revenues and expenses

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(a) All fees, penalties and other moneys derived from the operation of this chapter shall be paid to the board and shall be used by it for the purpose of defraying the necessary expenses of the board in the administration of this chapter. (b) The moneys received by the board over…

Tenn. Code Ann. § 62-5-208 Power to conduct inspections and investigate complaints

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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:(…

Tenn. Code Ann. § 62-5-301 Publication of examination rules

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The board of funeral directors and embalmers shall publish its rules and regulations covering subjects to be included in all examinations, the method of conducting the examinations and other matters pertaining to the examinations.

Tenn. Code Ann. § 62-5-302 Preservation of examination papers

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All manuscripts submitted in answer to questions on any examination provided in this chapter shall be kept on file for at least sixty (60) days after the results are announced by the board, shall be made available to the applicant for examination in the presence of a member of th…

Tenn. Code Ann. § 62-5-303 Licensing requirement

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(a) (1) In order to safeguard life and health and to prevent the spread of contagious diseases and to improve sanitary conditions and public health generally, it is required that only properly qualified persons shall engage in funeral directing, embalming and operating of a funer…

Tenn. Code Ann. § 62-5-304 Application for funeral establishment license

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(a) Every person, partnership, firm, association or corporation desiring to commence the operation of a funeral establishment after January 1, 2008, shall make application to the board, along with payment of a nonrefundable fee as set by the board. (b) All applications shall show…

Tenn. Code Ann. § 62-5-305 Application for funeral director's license — Apprenticeship

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(a) Every person not previously licensed in this state as a funeral director, desiring to engage in the practice or business of funeral directing, shall make application to the board, along with a nonrefundable fee as set by the board. (b) The application shall contain the name o…

Tenn. Code Ann. § 62-5-306 Examination for funeral directors — Issuance of license

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(a) In addition to the qualifications listed in § 62-5-305, every person desiring to enter into the practice of funeral directing, except as otherwise provided in this chapter, shall pass an examination to determine the applicant's knowledge and fitness for the practice of funera…

Tenn. Code Ann. § 62-5-307 Application for embalmer's license — Apprenticeship

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(a) No person shall be granted a license to engage in the practice of embalming dead human bodies within this state unless the person makes application to the board for the license, along with a nonrefundable fee as set by the board. (b) The application shall contain the name of …

Tenn. Code Ann. § 62-5-308 Embalmers' examination — Issuance of license

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(a) In addition to the qualifications listed in § 62-5-307, every person desiring to enter into the practice of embalming, except as provided in this chapter, shall pass an examination to determine the person's knowledge and fitness for the practice of embalming, as required by t…

Tenn. Code Ann. § 62-5-309 Practice by unregistered persons prohibited

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(a) It is unlawful for any person not a registered funeral director or embalmer to engage in funeral directing or embalming. (b) It is unlawful for any person, partnership, firm, association or corporation not licensed as provided in this chapter to engage in the operation of a f…

Tenn. Code Ann. § 62-5-310 Licenses to establishments operating before 1969

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(a) Any person on February 8, 1951, who was employed as an embalmer by a funeral director in this state, shall be entitled to take the examination prescribed in this chapter upon application to the board, prior to July 1, 1972, notwithstanding any other requirement. (b) Any perso…

Tenn. Code Ann. § 62-5-311 Reciprocity — Examination — Continuing education — Fee

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(a) A nonresident of this state who holds a valid license as a funeral director or embalmer issued by another state or provincial authority may apply for a license as a funeral director or embalmer in this state by submitting written application to the board on the prescribed for…

Tenn. Code Ann. § 62-5-312 Registration as an apprentice

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(a) When beginning the required apprenticeship, the person shall file an apprentice registration form with the board and shall pay a fee in the amount to be established by the board. The registration shall be valid for a period of three (3) years from the date of registration, or…

Tenn. Code Ann. § 62-5-313 Requirements for operation

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(a) Every person, firm, partnership or corporation, at each and every place of business conducted by that person, firm, partnership or corporation, in the business or practice of funeral directing shall have a fixed place of business or establishment devoted to the care and prepa…

Tenn. Code Ann. § 62-5-314 Use of names of unregistered persons restricted

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The name of any living person who has not been licensed as provided in this chapter shall not be shown or displayed upon any funeral establishment, or used alone, in, as part of or in connection, association, combination or together with the name or title of any person, firm, cor…

Tenn. Code Ann. § 62-5-315 Term of licenses — Not transferable — Duplicates — Renewals

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(a) All licenses issued to funeral directors or embalmers as provided in this chapter shall be issued for a period of two (2) years and shall be renewed biennially, at a fee in an amount to be established by the board, subject to this chapter. (b) All licenses issued to funeral e…

Tenn. Code Ann. § 62-5-316 Invalidity of unrenewed license — Renewal, reinstatement or reapplication

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(a) Any license that is not renewed by its expiration date becomes invalid. The holder of the invalid license shall not practice the profession for which the license was issued, nor shall an establishment be operated if the establishment's license has become invalid, until such t…

Tenn. Code Ann. § 62-5-317 Grounds for denial, suspension, or revocation of license

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(a) The board may refuse to grant or may suspend, revoke or refuse to renew any license granted to any person under this chapter if:(1) The applicant for or holder of the license obtained the license by fraud or misrepresentation either in the application for the license or in pa…