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Richard New And Lake Cumberland Case Study

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The case of Richard New and Lake Cumberland Funeral Home v. Commonwealth of Kentucky, Kentucky Board of Embalmers; Commonwealth of Kentucky, Funeral Director is an appeal and cross-appeal of a previous case heard by Franklin Circuit Court. The case was tried in the Commonwealth of Kentucky Court of Appeals. It stems from sanctions by the Kentucky Board of Embalmers (the Board) against Richard New (New) and Lake Cumberland Funeral Home (Lake Cumberland) for allowing unlicensed employees to perform embalming services including signing death certificates. The previous hearing by the Franklin Court found that the Board could sanction New and Lake Cumberland for allowing unlicensed employees to perform embalming services and could assign fines related …show more content…

New and Lake Cumberland appealed the courts upholding of the fines against them stemming from them allowing unlicensed employees to perform embalming services. They claim the evidence was unsubstantiated and unsupported. The Board cross-appealed the Franklin Court’s decision on the signing of death certificates. They believed the Franklin Court erred in their ruling when it disallowed them to fine New and Lake Cumberland for allowing employees to sign death certificates. The Commonwealth of Kentucky Court of Appeals affirmed the ruling of Franklin Circuit Court.
The original complaint stemmed from an employee, Linda Sturgeon, who alleged that New and Lake Cumberland allowed unlicensed persons “to pick up bodies, embalm bodies, direct funerals, and direct graveside services” (Richard New and Lake Cumberland Funeral Home v. Commonwealth of Kentucky Board of Embalmers; Commonwealth of Kentucky, Funeral Director, 2005). She named three employees in her complaint, Barnhill, Wiles and Williams. The Board investigated these allegations and filed a formal complaint against New and Lake Cumberland in November 21 for violating Kentucky Revised …show more content…

According to the case, New was accompanied by a licensed apprentice, Garner, who while in the presence of New, filled out the death certificate and signed New’s name to it. The statute is clear that an employee, other than the funeral director can sign death certificates. Garner was not only licensed but in the presence of New, a licensed funeral director. Commonwealth of Kentucky Court of Appeals, “it does not forbid him (licensed funeral director) from delegating the task of completing the documents to his agents or employees—especially a licensed apprentice (Richard New and Lake Cumberland Funeral Home v. Commonwealth of Kentucky Board of Embalmers; Commonwealth of Kentucky, Funeral Director,

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