The Lapsed License and the Independent Contractor

Marcus's Kentucky license lapsed, so he was not licensed when he arranged the six funerals. Calling himself an independent contractor does not create authority; the funerals occurred in Kentucky and he performed funeral directing. The funeral home that used him also violated the law by allowing an unlicensed person to arrange, even if it thought he was licensed. A lapsed license is not a suspended license, but practicing during lapse is still unlicensed practice. The fact that he completed four continuing-education hours does not cure the lapse. The 2019 theft conviction matters because licensure applications and renewals typically ask about criminal history; failure to disclose can be treated as a separate integrity issue. The board will look at whether he knew the license was lapsed and whether he held himself out as licensed.

He must stop arranging immediately, notify the funeral home, and apply for reinstatement under the board's current procedure. That usually means a reinstatement application, payment of lapsed renewal and late fees, proof of required continuing education for the relevant period, and an explanation of the lapse and the unreported conviction. The board may require an exam, a background check, or a personal appearance. He should not assume that paying a fee automatically restores the license. Because he practiced while lapsed, the board may impose discipline even if it grants reinstatement. His best approach is full disclosure, a written corrective plan, and proof that he has not arranged since discovery. If the theft conviction is old and unrelated to funeral practice, that may mitigate, but hiding it would aggravate.

The funeral home should audit every file Marcus touched, identify which documents he signed, and have a licensed director review and, where appropriate, re-execute or ratify the arrangements. It should notify its insurer and the board if required. It must stop using him until he is reinstated and should review its credentialing process; checking a license number once is not enough, because it should verify renewal status at the time of each engagement. The establishment may face discipline for aiding unlicensed practice, so it should cooperate, preserve records, and avoid backdating anything. Families should be contacted if their arrangements were handled by an unlicensed person, because they may have relied on his claimed status. A prompt self-report and remediation plan will not erase the violation, but it is better than waiting for the board to discover it.