The Lapsed License and the Cease-and-Desist Letter
A Kentucky funeral director and embalmer has held a license for 25 years with no prior discipline. His license expires on June 30. He moves his office and does not update his address with the Board. He completes only 2 of the required continuing education hours. He continues to make arrangements, sign contracts, and embalm through October, using his expired license number on funeral documents. The Board sends a renewal notice and then a cease-and-desist letter to the old address; he does not respond. In November a family complains that he refused to provide an itemized statement. The Board files a complaint. He tells the investigator that he never received the notices and that 'everyone knows I am grandfathered after 25 years.'
1. Analyze the unlicensed practice, renewal, CE, and address-change issues.
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Practice after expiration is unlicensed practice. Renewal is the licensee's responsibility; moving without updating the Board address does not extend the license. The Board's notices going to the old address may affect service and due process, but it does not make the expired license valid. Using the expired license number on funeral documents is a misrepresentation and can mislead families.
The continuing education deficiency is a separate violation. 'Grandfathered after 25 years' is not a recognized status; long tenure does not excuse renewal or CE. The family's itemized-statement complaint may also raise an FTC Funeral Rule issue, because funeral providers must give itemized statements and price information.
Mitigating facts include 25 years without prior discipline and possible lack of actual notice because of the address change. Aggravating facts include four months of practice, signing contracts and embalming, using the expired number, ignoring the cease-and-desist letter, and the consumer complaint. The Board will likely treat public protection as the primary concern. Corrective steps include immediately stopping licensed practice, updating the address, completing CE, paying renewal fees and penalties, and cooperating with the investigation.
2. Describe the disciplinary process and the factors that will affect the outcome, including reinstatement.
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The Board investigates the complaint, issues a notice of charges, and schedules a hearing. The licensee has the right to counsel, to present evidence, to cross-examine witnesses, and to receive notice. If he ignores the complaint, the Board may proceed by default. The address problem may give him an argument about notice, but he had a duty to keep the Board informed, so the argument is limited.
Discipline can include a reprimand, fine, suspension, probation, or revocation. The Board may also impose conditions such as supervised practice, additional CE, and an ethics course. Aggravating factors: four months of unlicensed practice, use of an expired license number, failure to respond to a cease-and-desist letter, and a consumer complaint. Mitigating factors: 25 years without discipline, possible actual lack of notice, and cooperation after the investigation began.
Reinstatement is not automatic. He will need to pay renewal fees and penalties, complete the required CE, and satisfy any Board conditions. The Board may require proof of fitness and may deny reinstatement if it finds dishonesty or a risk to the public. He cannot practice until the Board reinstates him, and he should not use the expired license number in the meantime.