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

(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 utilizing a crematory, the funeral director shall: (1) Determine that the crematory is currently licensed in this state or, if an out-of-state crematory, the state in which it is located; (2) Obtain and maintain a copy of the crematory's current license and further maintain a copy of the results of the latest regularly scheduled inspection of the crematory by the state in which the facility is located, if that state inspects crematories; and (3) Deliver a written disclosure to the authorizing agent or agents. The written disclosure shall, at a minimum: (A) Include the name, telephone number and address of the in-state or out-of-state crematory; (B) Provide for the specific consent of the authorizing agent or agents for the use of the in-state or out-of-state crematory; (C) Be signed and dated by the funeral director and the authorizing agent or agents; and (D) Be retained by the Tennessee funeral director at a licensed Tennessee funeral establishment, with a copy provided to the authorizing agent or agents. (d) Notwithstanding § 62-5-103 , a violation for each use of an unlicensed crematory pursuant to this section shall be punishable only as provided by §§ 56-1-308 and 62-5-317 and any rules promulgated under §§ 56-1-308 and 62-5-317 . (e) (1) The funeral director shall not be liable for damages in a civil action for any error, inaccuracy or omission of any information delivered pursuant to this section if: (A) The error, inaccuracy or omission was based upon information provided by public agencies or by other individuals or entities providing information that is required to be disclosed pursuant to this section; and (B) The funeral director was not grossly negligent in obtaining the information from a third party and transmitting the information as required under this section. (2) It is an affirmative defense in any such civil action that the funeral director complied with the requirements of this section upon submitting to the court copies of the signed consent form and the license and inspection results of the in-state or out-of-state crematory used by the funeral director for the cremation of the dead human body or body parts that is the subject of the civil action.

Legislative History

Acts 2002, ch. 809, § 2.