Chapter 4717-1 General Provisions

As used in this chapter of the board of embalmers and funeral directors:

(A)

(1) “Actually in charge,” as used in this chapter and the rules of the board with regard to a funeral home license, means a licensed funeral director who has decision making authority over the funeral home, including, but not limited to, hiring employees, disciplining employees, and making managerial decisions regarding daily operations.

(2) “Actually in charge,” as used in this chapter and the rules of the board with regard to an embalming facility, means a licensed embalmer who has decision making authority over the embalming facility, including, but not limited to, hiring employees, disciplining employees, and making managerial decisions regarding daily operations.

(B) “Apprenticeship credit time” means the actual days of credit of apprenticeship properly certified to the board and approved by the board as having been satisfactorily served.

(C) “Board” means the board of embalmers and funeral directors.

(D) The “business or profession of directing or supervising funerals for profit,” means the removal of the body of the deceased and the preparation of the body for final disposition; obtaining necessary permits; filing death certificates and other necessary forms; recording of vital statistics; preparation of necessary notices; making of funeral arrangements; the selling or soliciting of funeral service; coordinating and directing the ceremony or funeral service; and directing the final ceremony or service at the cemetery, crematory, mausoleum, etc. Provided, however that such directing does not conflict with the administrative or operational authority of the cemetery operator at the cemetery, crematory, mausoleum, etc., and that the cemetery operator who arranges for the final disposition at the cemetery, crematory or mausoleum has not engaged in the business or profession of directing or supervising funerals for profit.

(E) “Embalmer’s apprentice” means an individual who has successfully registered with the board, and has been certified as an apprentice to the board by a master embalmer.

(F) “Fixed place” shall mean a physical structure, having a united states post office street, avenue, or road address.

(G) “Full service funeral” includes a viewing or visitation and formal funeral service, transportation of the body to the funeral site and cemetery, and burial, entombment or cremation of the remains.

(H) “Full time” as used herein is a minimum of an eight-hour workday or a minimum of a forty-hour workweek. The compensation from which represents the employee’s primary source of income and benefits, with the hours to be between nine a.m. and nine p.m. each day in a funeral home properly licensed by the board.

(I) “Funeral arranging” or “the process of making funeral arrangements means” the process whereby the funeral director who in good faith meets with the person or persons who arrange for the services or final disposition of a dead human body to determine method of final disposition, the services and total cost, and to provide the person making arrangements with a written statement of price disclosures at the conclusion of arrangements; provided, however, that a cemetery operator who meets with the person or persons to arrange the final disposition or method of final disposition is not “funeral arranging” or performing the “process of making funeral arrangements.”

(J) “Funeral director apprentice” means an individual who has successfully registered with the board and has been certified as an apprentice to the board by a master funeral director.

(K) “Holding room” means the area in a funeral home, crematory facility, or embalming facility exclusively used for the preparation (other than embalming) and holding of dead human bodies for burial or final disposition.

(L) “Hour of educational programs” means a clock hour spent by a licensee in actual attendance at and completion of an approved continuing education activity.

(M) “Licensee” means an individual who is licensed by the board of embalmers and funeral directors as an embalmer or a funeral director.

(N) “Manager,” as used in the rules of the board, means a full-time person having direct and immediate direction or control of a funeral home, establishment or branch thereof.

(O) “Master or master embalmer” means an Ohio licensed embalmer with at least five years of experience in the state of Ohio, who has, at the beginning of an apprenticeship on or after July 1, 2006, successfully completed a training and/or mentoring program for masters, approved by the board, of at least six hours within the past five years, and who is employed or self-employed full time at any one funeral home or embalming facility, whose principal occupation is that of embalming and who certifies to the board as the supervisor of training of an embalmer’s apprentice.

(P) “Master or master funeral director” means an Ohio licensed funeral director with at least five years experience in the state of Ohio who has, at the beginning of an apprenticeship on or after July 1, 2006, successfully completed a training and/or mentoring program for masters, approved by the board, of at least six hours within the past five years, and who is employed or self-employed full time at one funeral home, whose principal occupation is that of funeral directing and who certifies to the board as the supervisor of training of a funeral director’s apprentice.

(Q) “Preparation room” or “embalming room” means the area in a funeral home or embalming facility exclusively used for the care and preparation of dead human bodies for burial or final disposition.

(R) “President” means the president of the board of embalmers and funeral directors.

(S) “Record” any document, either written or in electronic form, relating to the operation of a business of directing or supervising funerals for profit; an embalming facility or a crematory facility.

(T) “Secretary-treasurer” means the secretary-treasurer of the board of embalmers and funeral directors.

(U) “Trade embalmer” means an embalmer who does embalming for a licensed funeral home by contract or other agreement.

(V) “Ultimately responsible,” a funeral director shall be deemed ultimately responsible for the funeral home, as that term is used in this chapter and the rules of the board, if the funeral home license is held in the funeral director’s name and the funeral director has signed the funeral home license application.

Effective: 01/09/2007

R.C. 119.032 review dates: 10/20/2006 and 01/09/2012

Promulgated Under: 119.03

Statutory Authority: 4717.04

Rule Amplifies: 4717.01, 4717.04

Prior Effective Dates: 12/31/71, 3/12/79, 8/1/81, 1/1/84, 7/1/87, 1/1/88, 1/1/01, 11/10/2005

The annual meeting of the board shall be the July meeting, at which time the board shall elect its officers and organize.

Special meetings of the board may be called by the president with at least five days’ prior notice being given to its members. At special meetings the board may transact such business as it deems necessary.

Upon petition of four or more members of the board, the president shall call a special meeting of the board within ten days of the receipt of the petition.

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.03

Prior Effective Dates: 12/23/71, 1/1/84, 1/1/01

(A) The board shall create and select such committees as it deems necessary for the transaction of the business of the board. The actions of all committees shall be approved by a majority of the board.

(B) The president of the board, during its annual meeting, shall appoint three members of the board to serve on the crematory review board for a term of one year.

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.03

Prior Effective Dates: 12/23/71, 1/1/01

The president of the board shall preside at all meetings of the board unless otherwise ordered by the board and perform all duties incidental to the office.

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.03

Prior Effective Dates: 12/23/71

The secretary-treasurer of the board shall supervise the executive director who shall keep the minutes of all meetings of the board and shall be responsible for all records, books, applications and other papers belonging to the board. The executive director shall attend to all correspondence and perform, or cause to be performed, all clerical duties.

The secretary-treasurer shall furnish, upon request, all forms incidental to obtaining an embalmer’s or funeral director’s license, and shall issue, or cause to be issued, renewal of licenses unless otherwise ordered by the board.

The secretary-treasurer shall collect all revenue as provided by law and shall deposit, or cause to be deposited, all revenue with the treasurer of the state.

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.03

Prior Effective Dates: 5/19/74, 7/1/87, 1/1/01

(A) The following forms shall be used by the board for licensing embalmers:

(1) Form E-1, embalmer’s application for registration;

(2) Form E-2, embalmer’s certificate of registration;

(3) Form E-3, embalmer’s certificate of apprenticeship;

(4) Form E-4, embalmer’s apprenticeship card;

(5) Form E-5, embalmer’s termination of apprenticeship;

(6) Form E-6, application for embalmer’s examination;

(7) Form E-7, application for embalmer’s license.

Effective: 11/10/2005

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.04, R.C. 4717.05

Prior Effective Dates: 6/19/74, 1/1/84, 8/25/87 (Emer.), 1/1/88, 1/1/01

(A) The following forms shall be used by the board for licensing funeral directors:

(1) Form F-1, funeral director’s application for registration;

(2) Form F-2, funeral director’s certificate of registration;

(3) Form F-3, funeral director’s certificate of apprenticeship;

(4) Form F-4, funeral director’s apprenticeship card;

(5) Form F-5, funeral director’s termination of apprenticeship;

(6) Form F-6, application for funeral director’s examination;

(7) Form F-7, application for funeral director’s license.

Effective: 11/10/2005

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.04, R.C. 4717.05

Prior Effective Dates: 6/19/74, 1/1/84, 7/1/84, 8/25/87 (Emer.), 1/1/88, 1/1/01

(A) Embalmer’s examination fee: examination and re-examination for embalmer’s license shall be thirty-five dollars and shall be submitted by the applicant along with form E-6, application for embalmer’s examination.

(B) Issuance of embalmer’s license: fee for issuance of an embalmer’s license shall be one hundred forty dollars and must submitted by the applicant along with form E-7, application for embalmer’s license.

(C) Embalmer’s license renewal fee: fee for biennial renewal of an embalmer’s license shall be one hundred forty dollars and shall be submitted with the licensee’s renewal form.

(D) Funeral director’s examination fee: examination and re-examination for funeral director’s license shall be thirty-five dollars and shall be submitted by the applicant along with form F-6, application for funeral director’s examination.

(E) Issuance of funeral director’s license: fee for issuance of a funeral director’s license shall be one hundred forty dollars and shall be submitted by the applicant along with form F-7, application for funeral director’s license.

(F) Funeral director’s license renewal fee: fee for biennial renewal of a funeral director’s license shall be one hundred forty dollars and shall be submitted with the licensee’s renewal form.

(G) Issuance of funeral home license: fee for issuance of a funeral home license shall be two hundred fifty dollars and shall be submitted by the applicant with form FH-1, application for funeral home license.

(H) Funeral home license renewal fee: fee for biennial renewal of a funeral home license shall be two hundred fifty dollars and shall be submitted with the licensee’s renewal form.

(I) Issuance of certificate of registration: fee for issuance of registration shall be twenty-five dollars and shall be submitted with form E-1, embalmer’s application for registration, and F-1, funeral director’s application for registration, respectively.

(J) Duplicate license: upon receipt of satisfactory evidence that a display license has been lost, mutilated, or destroyed, the board may issue a duplicate license upon such terms and conditions as the board shall prescribe. Fee for issuance of duplicate license shall be four dollars.

(K) Reinstatement of lapsed license: fee for reinstatement of lapsed embalmer’s or funeral director’s license shall be the applicable renewal fee plus fifty dollars for each month or portion of a month the license is lapsed.

(L) Issuance and biennial renewal of license to operate embalming facility: fee for issuance and renewal of a license to operate an embalming facility shall be two hundred dollars.

(M) Reinstatement of lapsed license to operate embalming facility: fee for reinstatement of lapsed license to operate an embalming facility shall be the applicable renewal fee plus fifty dollars for each month or portion of a month the license is lapsed.

(N) Issuance and biennial renewal of license to operate crematory facility: fee for issuance and renewal of license to operate a crematory facility shall be two hundred dollars.

(O) Reinstatement of lapsed license to operate crematory facility: fee for reinstatement of lapsed license to operate a crematory facility shall be the applicable renewal fee plus fifty dollars for each month or portion of a month the license is lapsed.

(P) Reciprocal examination fee: fee for examination for reciprocal embalmer’s license or funeral director’s license shall be thirty-five dollars and submitted with the reciprocal license application.

(Q) Certificate of apprenticeship, fee for filing an embalmer or funeral director certificate of apprenticeship shall be ten dollars.

Effective: 11/10/2005

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.04, R.C. 4717.07

Prior Effective Dates: 6/19/74, 1/1/84, 8/25/87 (Emer.), 1/1/88, 1/1/01

(A) The applicant shall submit to the board, along with the applicable fee, the embalmer’s application for registration, form E-1, together with an official college transcript, showing that the applicant has earned a bachelor’s degree from a college or university authorized to confer degrees by the Ohio board of regents or comparable legal agency of another state in which the college or university is located and an official college of mortuary science transcript, showing that the applicant has completed at least twelve months of instruction in a prescribed course approved by the board.

(B) Upon approval of the application for registration, form E-1, by the board, the board shall issue form E-2, embalmer’s certificate of registration.

(C) Upon issuance of form E-2, certificate of registration, the applicant shall submit form E-3, certificate of apprenticeship, along with the applicable fee, certifying the commencement of the embalmer’s apprenticeship credit time. The embalmer’s certificate of apprenticeship shall bear the signature and certification of both the apprentice and the master embalmer and shall be filed with the board no later than ten days after the beginning of any embalmer’s apprenticeship credit time.

(D) Upon approval of form E-3, certificate of apprenticeship, the board shall issue form E-4, apprenticeship card, carrying the beginning and ending dates of the embalmer’s apprenticeship credit time and bearing the signature of the secretary-treasurer. This card shall be carried by the apprentice at all times while engaged as an embalmer apprentice.

(E) The applicant must satisfactorily complete twelve consecutive months of apprenticeship under the direction of an embalmer licensed in the state of Ohio and which apprenticeship must be certified to the board according to their requirements. During the embalmer apprenticeship the applicant must personally assist in the arterial embalming of twenty-five adult, thirteen years of age or older, bodies under the direct supervision of the master embalmer.

(1) During the time of embalmer’s apprenticeship, the apprentice shall file with the board progress case reports quarterly upon forms supplied by the board. Failure to comply shall be grounds for voidance or suspension of apprenticeship credit time by the board.

(2) The apprentice shall report to any board member within thirty days after the first six months of apprenticeship credit time for a personal interview.

(3) During the period of embalmer’s apprenticeship, the master embalmer under whom the apprentice embalmer is certified shall file with the board quarterly master embalmer’s reports on the apprentice’s activities.

(F) Upon completion of the full apprenticeship credit time, the applicant shall submit the following:

(1) The embalmer’s termination of apprenticeship, form E-5, bearing the signature and certification of both the apprentice and master embalmer to the dates of apprenticeship credit time. This termination of apprenticeship shall be filed with the board no later than thirty days after the completion of any period of apprenticeship;

(2) The certificate of registration, form E-2;

(3) The apprenticeship card, form E-4;.

(G) In the event the period of apprenticeship is terminated prior to the completion of such apprenticeship, the master embalmer and apprentice embalmer shall immediately notify the board of such termination on form E-5, embalmer’s termination of apprenticeship, along with the following:

(1) Form E-4, embalmer’s apprenticeship card.

(H) Upon approval of the termination of apprenticeship, form E-5, and successful completion of the full apprenticeship credit time the board shall issue form E-6, application for examination. The application for examination and the appropriate fee shall be filed with the board at least thirty days prior to the embalmers’ examination.

(I) Upon earning a passing score of seventy-five per cent or higher on the embalmer’s examination, the applicant shall submit to the board, form E-7, application for embalmer’s license, along with the applicable fee.

(J) At the board meeting following receipt of the fully completed application for embalmer’s license, form E-7, and the applicable fee, the board may grant an embalmer’s license.

(K) The applicant shall make such application, show such preliminary requisites and take such examinations as are deemed necessary by the board in its rules.

Effective: 11/10/2005

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.05

Prior Effective Dates: 6/19/74, 3/12/79, 1/1/84, 1/1/86, 7/1/87, 1/1/01

(A) The applicant shall personally appear before the board for an interview and based upon the results of this interview may be permitted to take such an examination as the board requires for a reciprocal license. Prior to the interview the applicant shall furnish the board:

(1) A completed application for a reciprocal embalmer’s license;

(2) Two character references; and criminal background check.

(3) Evidence of compliance with requirements for licensure which are equal to those found in Chapter 4717. of the Revised Code, including, but not limited to:

(a) An official college transcript, showing that the applicant has earned a bachelor’s degree from a college or university authorized to confer degrees by the Ohio board of regents or comparable legal agency of another state in which the college or university is located;

(b) An official college of mortuary science transcript, showing that the applicant has completed at least twelve months of instruction in a prescribed course approved by the board;

(c) Evidence of completion of an embalmer’s apprenticeship of twelve months;

(d) Verification of current licensure in another state.

(B) The applicant for a reciprocal embalmer’s license shall submit an application for examination, along with the applicable fee, to sit for any and all portions of the embalmer’s examination in Ohio which is not substantially equal to the examination required by the state in which the applicant was originally licensed. If such state requires no such examination, the applicant shall be required to complete the Ohio embalmer’s examination in its entirety.

(C) Upon earning a passing score of seventy-five or higher on any required examination, the board may approve the applicant for a reciprocal embalmer’s license and shall notify the applicant of such approval. Upon receipt of such approval the applicant shall submit to the board the appropriate fee.

Effective: 11/10/2005

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.10

Prior Effective Dates: 6/19/74, 1/1/01

(A) An applicant for a funeral director’s license who holds a bachelor’s degree and intends to serve two years of apprenticeship in lieu of attending mortuary college must obtain and file with the board of embalmers and funeral directors prior to commencement of apprenticeship training, form F-1, together with the applicable fee(s) and an official transcript from a college or university authorized to confer degrees by the Ohio board of regents or a comparable legal agency of another state in which the college or university is located, showing that the applicant has earned a bachelor’s degree. Upon approval of the application, the board will issue form F-2, certificate of registration.

(B) An applicant for a funeral director’s license who has attended mortuary college and intends to serve a one year apprenticeship must obtain and file with the board of embalmers and funeral directors-form F-1, together with the applicable fee(s) and an official transcript from a college or university authorized to confer degrees by the Ohio board of regents or a comparable legal agency of another state in which the college or university is located, showing that the applicant has earned a bachelor’s degree. Upon approval of the application for registration, the board will issue form F-2, certification of registration as a funeral director apprentice.

(C) Upon issuance of F-2, certificate of registration, the applicant shall submit to the board form F-3, certificate of apprenticeship, along with the applicable fee(s) certifying the commencement of the apprentice credit time. The funeral director’s certificate of apprenticeship shall bear the signature and certification of the apprentice and of the master funeral director and shall be filed with the board within ten days of the beginning of apprenticeship credit time. The board will not accept a funeral director’s certificate of apprenticeship from any person who is not registered with the board.

(D) Upon approval of form F-3, certification of apprenticeship, the board shall issue form F-4, funeral director apprenticeship card, carrying the beginning and ending dates of the funeral director apprentice’s credit time and bearing the signature of the secretary-treasurer of the board. This card shall be carried by the funeral director apprentice at all times while engaged as a funeral director apprentice.

(E) The applicant must satisfactorily complete twelve consecutive months of apprenticeship under a funeral director licensed in the state of Ohio after having completed in a satisfactory manner twelve months’ instruction in a college of mortuary science recognized by the board. The applicant must assist the master funeral director in twenty-five full service adult funerals. In lieu of mortuary college training, the applicant must satisfactorily complete twenty-four months of apprenticeship under a funeral director licensed in Ohio. The applicant must assist the master funeral director in fifty full-service adult, thirteen years of age or older, funerals.

(1) During the time of funeral director’s apprenticeship, the apprentice shall file with the board progress case reports quarterly upon forms supplied by the board. Failure to comply shall be grounds for voidance or suspension of apprenticeship credit time by the board.

(2) The apprentice shall report to any board member within thirty days after each six months of each year of apprenticeship credit time for a personal interview.

(3) During the period of funeral director’s apprenticeship, the master funeral director under whom the apprentice is certified shall file quarterly master funeral director’s reports on the apprentice activities to the board.

(F) Upon completion of the full apprenticeship credit time, the applicant shall submit to the board the following:

(1) The funeral director’s termination of apprenticeship, form F-5 bearing the signatures and certifications of the apprentice and the master funeral director to the dates of the apprenticeship credit time. This termination of apprenticeship shall be filed with the Board no later than thirty days after the completion of any period of apprenticeship credit time;

(2) The funeral director’s certificate of registration, form F-2;

(3) The funeral director’s apprenticeship card, form F-4.

(G) In the event the period of apprenticeship is terminated prior to the completion of such apprenticeship, the master funeral director and apprentice funeral director shall immediately notify the board of such termination on form F-5, funeral director’s termination of apprenticeship, along with the following:

(1) Form F-4, funeral director’s apprenticeship card.

(H) Failure to submit form F-5 upon termination of an apprenticeship prior to the completion of such apprenticeship shall be grounds for voidance or suspension by the board of the apprentice credit time.

(I) Upon approval of the termination of apprenticeship, form F-5, and successful completion of the full apprenticeship credit time, the board shall issue form F-6, application for funeral director’s examination. The application for funeral director’s examination and the appropriate fee(s) shall be filed with the board at least thirty days prior to the funeral director’s examination.

(J) Upon earning a passing score of seventy-five or higher on the funeral director’s examination, the applicant shall submit to the board, form F-7, application for funeral director’s license, along with the applicable fee(s).

(K) At the board meeting following receipt of the fully completed form F-7, application for funeral director’s license, and the applicable fee(s), the board may grant a funeral director’s license.

(L) The applicant shall be required to make such application, show such preliminary requisites, and take such examinations as are deemed necessary by the board in its rules.

Effective: 11/10/2005

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.04, R.C. 4717.05

Prior Effective Dates: 6/19/74, 3/12/79, 1/1/84, 1/1/86, 7/1/87, 1/1/01

(A) The applicant shall personally appear before the board for an interview and based upon the results of this interview may be permitted to take such an examination as the board requires for a reciprocal license. Prior to the interview the applicant shall furnish the board:

(1) A completed application for a reciprocal funeral director’s license;

(2) Two character references and a clearance statement from the local law enforcement authority.

(3) Evidence of compliance with requirements for licensure which are equal to those found in Chapter 4717. of the Revised Code, including, but not limited to:

(a) An official college transcript, showing that the applicant has earned a bachelor’s degree from a college or university authorized to confer degrees by the Ohio board of regents or comparable legal agency of another state in which the college or university is located:

(b) Evidence of completion of an funeral director’s apprenticeship of twelve months;

(c) Verification of current licensure in another state.

(B) The applicant for a reciprocal funeral director’s license shall submit an application for examination, along with the applicable fee(s). The applicant must also sit for any and all portions of the funeral director’s examination in Ohio not substantially equal to the examination required by the state the applicant was originally licensed. If such state requires no such examination, applicant shall be required to complete the Ohio funeral director’s examination in its entirety.

(C) Upon earning a passing score of seventy-five per cent or higher on any required examination, the board may approve the applicant for a reciprocal funeral director’s license and shall notify the applicant of such approval. Upon receipt of such approval the applicant shall submit to the board the appropriate fee(s).

Effective: 11/10/2005

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04, R.C. 4717.07

Rule Amplifies: R.C. 4717.10

Prior Effective Dates: 6/19/74, 1/1/01

(A) The objective of an apprenticeship is to provide the practical educational opportunity to teach the apprentice all aspects of the embalmer and/or funeral director profession in a supervised setting. The master embalmer or funeral director shall ensure that apprentice training encompasses all facets of embalming and/or funeral directing services, including but not limited to:

(1) Conducting funeral services;

(2) Making removals;

(3) Meeting with families to make at-need and pre-need arrangements;

(4) Embalming and restorative art;

(5) Familiarity and compliance with all necessary government documents and/or forms;

(6) Business administration;

(7) Sanitation;

(8) Facility maintenance; and

(9) Familiarity with local religious organizations and customs.

(B) Embalmer and funeral director apprenticeship may be served concurrently provided such apprenticeship is properly registered and certified to the board.

(C) Embalmer and funeral director apprenticeship shall be served within the state of Ohio.

(D) Beginning January 1, 2007, a master embalmer and a master funeral director with five years of experience in the state of Ohio must successfully complete training approved by the board. The master training must be a one-day six-hour class, not to be offered in segments on separate dates. The training must be classroom and/or teleconference setting with interaction between instructors and participants, not correspondence. The board will not approve training that is restricted by company or association. The board will not approve training that is correspondence. The training must consist of the following topics and time periods:

(1) one hour – federal trade commission;

(2) one-half hour – liturgical and nonliturgical and veterans administration;

(3) one hour – OSHA;

(4) one hour – preneed laws and rules, not sales;

(5) one-half hour – vital statistics laws and rules;

(6) one hour – cremation law and rule;

(7) one hour – Ohio law Chapter 4717. of the Revised Code.

(E) A master embalmer or funeral director shall certify to the board only one apprenticeship at one time for each license, except under extenuating circumstance and with prior written permission from the board.

(F) A master embalmer or funeral director may certify an apprentice only if he or she is employed or self-employed at the licensed funeral home where the apprentice certified the apprenticeship full time as defined in board rules, and which funeral home and/or embalming facility has filed not less than thirty deaths in the previous year, except if granted prior written permission by the board.

(G) The apprentice shall serve full time and shall not be permitted to engage in any part-time employment or attend school during the period of apprentices credit time, except with prior written permission of the board. The board will not permit the apprentice to engage in part-time employment selling preneed funding or funeral services.

(H) The apprentice and the master embalmer or master funeral director shall make the required certification to the board of the termination of any apprenticeship within ten days after any period of apprenticeship is completed. Any master embalmer and master funeral director who refuses to certify the termination of any apprenticeship without showing just cause to the board shall not be permitted to certify another apprentice to the board.

(I) In case of the death of the master embalmer or master funeral director, the board may accept in lieu of the master’s certification of apprenticeship one affidavit from s reputable citizen having knowledge of the apprenticeship. Such affidavit shall include the dates of the apprenticeship.

(J) Any apprentice who cannot serve any portion of time during an apprenticeship due to disability leave, maternity leave or any other approved leave, shall terminate their apprenticeship during such leave within ten days after the termination, and shall recertify the apprenticeship upon completion of the leave period by submitting the appropriate forms to the board.

If the board determines that an apprentice has violated this provision, the board may terminate the apprenticeship and deny credit for the time period served by the apprentice.

(K) The master’s sound professional judgment should determined the progression of the apprentice’s responsibility and degree of autonomy afforded to the apprentice based on the master of each skill during the term of the apprenticeship.

Direct supervision, as defined in division (I) of section 4717.01 of the Revised Code, is required for at least the first ten arterial adult embalming cases performed and reported over the course of a minimum of two calendar quarters in which the apprentice embalmer assists and the first twenty-five funeral services in which the apprentice funeral director assists and reports over the course of two calendar quarters of a one year apprenticeship and six calendar quarters of a two year apprenticeship.

Supervision, as defined in division (H) of section 4717.01 of the Revised Code is required for all acts of the apprentice.

(L) A funeral director apprentice who has, in the sound professional judgment of the master funeral director, attained sufficient skill and experience during the apprenticeship, including but not limited to, assisting under the direct supervision of a licensed funeral director with twenty-five funerals as referenced in paragraph (K) of this rule, and who has successfully completed nine months of a one year apprenticeship or eighteen months of a two year apprenticeship, may meet independently with families that have been advised prior to the meeting of the apprentice’s status, to prepare at-need and preneed funeral arrangements using a worksheet to determine and define the family’s desires. The worksheet shall be given to the master or other licensed funeral director associated with the same funeral home as the master who will use it to prepare a funeral purchase contract conforming to the federal trade commission part 453 — funeral industry practices revised rule. The apprentice is not permitted to sign a funeral purchase record or contract. The apprentice is not permitted to sign an insurance contract unless the apprentice is a licensed insurance agent.

An apprentice who is a licensed insurance agent must advise the board of this fact and provide their insurance license number at registration.

(M) In no case shall an apprentice spend more than twenty per cent (eight hours) of any week assisting in preneed solicitation or arrangements.

(N) Upon successful completion of the apprenticeship, an apprentice may continue to serve under the direct supervision of a licensed funeral director or embalmer only until the date of the release of grades of the first examination for which the apprentice is eligible to sit.

Effective: 01/09/2007

R.C. 119.032 review dates: 10/20/2006 and 01/09/2012

Promulgated Under: 119.03

Statutory Authority: 4717.04

Rule Amplifies: 4717.05

Prior Effective Dates: 6/19/74, 4/9/79, 1/1/84, 7/1/87, 1/1/01, 11/10/2005

(A) Form of examinations:

(1) The board shall hold at least one meeting each year for the purpose of examining applicants for embalmers’ and funeral directors’ licenses; such examination or examinations shall consist of a written examination.

(B) Embalmers’ examinations and subjects:

(1) The examination for an applicant for an embalmer’s license will consist of two distinct sections to be designated as a nationally recognized examination for funeral service licensure and the Ohio laws’ section.

(2) The Ohio laws’ section will be taken from the following sources:

(a) Ohio laws governing embalming and funeral directing;

(b) Ohio laws governing transportation of dead human bodies;

(c) Ohio health laws, rules and regulations governing preparation and transportation of dead human bodies;

(d) Ohio laws governing sales tax as related to funeral directing;

(e) Ohio laws governing funds provided by the bureau of workers’ compensation for final disposition of dead human bodies when the cause of death is work-related;

(f) Federal laws governing burial of veterans;

(g) Ohio laws governing funeral processions;

(h) Ohio laws, rules and regulations governing preneed funeral contracts;

(i) Federal trade commission funeral rules;

(j) Occupational, safety, and health administration;

(k) Environmental protection agency.

(3) A grade of seventy-five per cent or higher in each section of the examination shall be considered a passing grade.

(C) Qualifications for re-examination.

(1) Any applicant who has failed an embalmers’ examination will be qualified for retaking the examination upon payment of the applicable fee(s) plus any additional examination fee assessed by any examining agency the board uses for any section or portion of the examination. The examination fee shall be received by the board no later than thirty days prior to examination.

(D) Funeral directors’ examination and subjects:

(1) The examination for an applicant for a funeral director’s license will consist of two distinct sections designated as a nationally recognized examination for funeral service licensure and the Ohio laws’ section.

(2) The Ohio laws’ section for the examination will be taken from the following sources:

(a) Ohio laws governing embalming and funeral directing;

(b) Ohio laws governing transportation of dead human bodies;

(c) Ohio health laws, rules and regulations governing preparation and transportation of dead human bodies;

(d) Ohio laws governing sales tax as related to funeral directing;

(e) Ohio laws governing funds provided by the bureau of workers’ compensation for final disposition of dead human bodies when the cause of death is work-related;

(f) Federal laws governing burial of veterans;

(g) Ohio laws governing funeral processions;

(h) Ohio laws, rules and regulations governing preneed funeral contracts;

(i) Federal trade commission funeral rules;

(j) Occupational, safety, and health administration;

(k) Environmental protection agency.

(3) A grade of seventy-five per cent or higher in each of the sections shall be considered a passing grade.

(E) Qualifications for re-examination: Any applicant who has failed a funeral director’s examination will be qualified for retaking the examination upon payment of the applicable fee(s) plus any additional examination fee assessed by any examining agency the board uses for any section of the examination. The examination fee is required to be received by the board no later than thirty days prior to examination.

(F) Unless otherwise scheduled by the board, the examinations described in paragraphs (A) to (E) of this rule shall be held on the last Tuesday and Wednesday of April and October of each year. In addition, a proctor designated by the board will oversee the taking of the examination

Replaces: 4717-1-15

Effective: 11/10/2005

R.C. 119.032 review dates: 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.05

Prior Effective Dates: 6/19/74, 1/1/84, 1/1/86, 7/1/87, 8/25/87 (Emer.), 1/1/88, 1/1/01

(A) The business and practice of funeral directing and embalming shall be conducted from a fixed place or establishment which is licensed by the board.

(1) Each funeral service, shipping service, direct disposition service, or any service which prepares dead human bodies for final disposition, must be licensed as a funeral home. Nothing herein contained shall be construed or interpreted to prohibit the practice of funeral directing by more than one licensed funeral firm from the same funeral establishment. Funeral directors leasing space in a duly licensed funeral home, but doing funeral service for themselves as a separate business, are engaged in operation of a separate and distinct funeral home and therefore are required to obtain funeral home licenses.

(2) No license to operate a funeral service, shipping service, or direct disposition shall be issued by the board unless such establishment has in charge, full time therein, a person licensed as a funeral director in Ohio.

(3) Mortuary science schools and trade embalmers shall be exempt from the funeral home licensing law and the embalming facility law when doing embalming by contract for a duly licensed funeral home.

(B) Requirements for funeral home license.

(1) At least sixty days prior to the opening for business of any funeral home, establishment or branch thereof, the licensed funeral director, who will be actually in charge thereof, shall notify the board of such anticipated opening and shall submit form FH-1, application for funeral home license sworn by the applicant and accompanied by the applicable fee.

(2) The board shall approve the application for funeral home license, form FH-1, if appropriate, contingent upon the receipt of an occupancy permit and inspection.

(a) A license shall be issued to a funeral home when the following requirements are met.

(i) Manager and actually in charge of and ultimately responsible for

(a) The board shall not issue a license to any funeral home unless the service of a funeral director, licensed in accordance with the laws of the state of Ohio and the rules of this board is employed by the establishment on a full-time basis.

(b) The owner of the funeral home will not be held responsible for unknown willful violations of the manager.

(c) The holder of a funeral home license shall submit to the board form FH-2, amendment, within ten days of any termination of a manager or the funeral director actually in charge of and ultimately responsible for the funeral home. No funeral home is to operate without a full-time manager or a funeral director actually in charge of and ultimately responsible for the funeral home for more than thirty calendar days.

(d) The change of manager does not require a new license.

(e) A licensed funeral director, who acts as manager of a funeral home, shall not manage more than one such home except by special permission granted by the board for a limited time by reason of emergency conditions.

(f) The manager’s name must appear at the main ingress door to the funeral home in letters not less than one inch high if manager’s name is other than name of the funeral home.

(ii) The facility or establishment meets the following requirements:

(a) Every funeral home or branch funeral home shall possess and keep in good working condition on the premises such equipment and paraphernalia as the board deems adequate for the conduct of business and the protection of the public health. All portions of a funeral home which are accessible to or used by the general public shall be kept in a clean and sanitary condition.

(b) If embalming will take place at the funeral home. The funeral home shall maintain on the premises a preparation or embalming room which shall be adequately equipped and maintained in a sanitary manner for the preservation and care of dead human bodies. Such rooms shall contain only the articles, facilities and instruments necessary for the preparation of dead human bodies for burial or final disposition and shall be kept in a clean and sanitary condition. Such rooms shall be used only for the care and preparation of dead human bodies. The minimal requirements for the preparation or embalming room shall be as follows:

(i)Sanitary floor;

(ii)All instruments and appliances used in the embalming of a dead human body shall be thoroughly cleansed and sterilized using an appropriate disinfectant immediately at the conclusion of each individual case;

(iii)Running hot and cold water with a lavatory sink for personal hygiene;

(iv)Exhaust fan and intake vent, permanently installed and operable with the capacity to change the air in the room fifteen times each hour;

(v)Sanitary plumbing connected with sewer, cesspool, septic tank, or other department of health approved system;

(vi)Porcelain, stainless steel; metal-lined or fiberglass operating table;

(vii)All opening windows and outside doors shall be adequately screened and shielded from outside viewing:

(viii)All hydro-aspirators or electric aspirators shall be equipped with at least one air breaker;

(ix)Containers for refuse, trash and soiled linens shall be adequately covered or sealed at all times;

(x)First-aid kit and eyewash;

(xi)The embalming or preparation room shall be strictly private. A “private” sign shall be posted on the door(s) entering the preparation room. No one shall be allowed therein while the body is being embalmed except the licensed embalmers, licensed funeral directors, apprentices, officials in discharge of their duties, and other authorized persons;

(xii)All waste materials, refuse, used bandages and cotton shall be destroyed in accordance with all applicable OSHA and EPA regulations;

(xiii)Every person, while engaged in actually embalming a dead human body, shall be attired in a clean and sanitary smock or gown covering the person from the neck to below the knees, shall wear impervious rubber gloves, and shall wear any and all items required under any applicable OSHA regulations.

(xiv)All bodies in the preparation room should be treated with proper care and dignity and should be properly covered at all times.

(xv)Ingress and egress of the preparation room must be situated so that functions in the funeral home will not impede or interfere with entering or exiting said room.

(xvi)Sufficient emergency lighting.

(c)If embalming will not take place at the funeral home, the funeral home shall maintain on the premises a holding room which shall be adequately equipped and maintained in a sanitary manner for the holding of dead human bodies. Such holding room shall be kept in a clean and sanitary manner and used only for the holding and storage of dead human bodies. The minimal requirements for the holding room shall be as follows:

(i)Sanitary floor;

(ii)Running hot and cold water with a lavatory sink for personal hygiene;

(iii)All opening windows and outside doors shall be adequately screened and shielded from outside viewing;

(iv)Containers for refuse, trash and soiled linens shall be adequately covered or sealed at all times;

(v)The holding room shall be strictly private. A “private” sign shall be posted on the door(s) entering the holding room. No one shall be allowed therein while the body is being held except the licensed embalmers, licensed funeral directors, apprentices, officials in discharge of their duties, and other authorized persons;

(vi)All bodies in the holding room should be treated with proper care and dignity and should be properly covered at all times;

(vii)Ingress and egress of the holding room must be situated so that functions in the funeral home will not impede or interfere with entering or exiting said room.

If the holding room is equipped with a hydro-aspirator or electric aspirator, the aspirator shall be equipped with at least one air breaker.

(iii) A funeral home shall be established and operated only under the name of a holder of a funeral director’s license in the state of Ohio who is actually in charge and ultimately responsible for the funeral home. Prior to a legal change of such title or prior to the adoption of a new firm title, such licensed funeral director shall submit such changed or newly adopted title to the board. A firm title shall not include directional or geographical references in the name but such references may be contained in advertisements, signs or other promotional materials.

(3) Upon approval of the application for funeral home license, form FH-1, the funeral director shall submit to the board an occupancy permit certifying that the facility is in conformance with all applicable building codes.

(4) Upon receipt of the occupancy permit and prior to the opening of the funeral home, establishment or branch home, the board, any member thereof, or its duly authorized inspector shall inspect such funeral home, establishment or branch.

(5) The funeral home license shall be effective upon the successful completion of the inspection and approval by the inspector.

(6) No licensed funeral director actually in charge shall operate or participate in the operation of any such funeral home, establishment or branch unless the board first grants its approval for such operation or participation, which approval shall not be unreasonably withheld and which shall be based upon the results or findings of the inspection.

(C) Sale or disposition of existing establishment

(1) When any funeral home, establishment or branch home is closed, the board shall be notified, in writing, within ten days, by the licensed funeral director actually in charge and ultimately responsible, whose signature shall be notarized.

(2) (a) Upon the sale of a licensed funeral home that results in a majority change in ownership, the person licensed to operate the funeral home shall surrender to the board the funeral home license of the funeral home within thirty days of the closing, sale, or other disposition of the funeral home, along with a clearly enumerated account of the following:

(i) All preneed funeral contracts held by the funeral home; and

(ii) All life insurance policies held or payable to the funeral home upon the death of a person; and

(iii) All accounts payable to the funeral home upon the death of a person.

(b) The purchaser or new owner of the funeral home shall submit to the board a fully completed form FH-1, application for funeral home license, within thirty days after the closing of the purchased funeral home.

(3) When an individual or individuals in whose name the establishment was licensed to operated, dies or otherwise ceases to be actually in charge or ultimately responsible for the establishment, the funeral home may continue to operate under the person or persons name, or any combination of the current licensed name, provided that the name of the new person licensed to operate the funeral home is added to the licensed name within twenty-four months.

(D) Directing or supervising funerals for a profit.

(1) The business or profession of directing or supervising funerals is defined in rule 4717-1-01 of the Administrative Code.

(2) The taking of the initial call by an unlicensed person shall not be construed as the making of funeral arrangements under this rule.

(3) The permitting or sanctioning, either willingly or unwillingly, of any of the above is prohibited.

(4) A manager shall not supervise more than one such home except by special permission granted by the board for a limited time by reason of emergency conditions.

(5) The manager’s name must appear at the main ingress door to the funeral home in letters not less than one inch high if the manager’s name is other than the name of the funeral home.

(6) A funeral director licensed in the state of Ohio shall be present and directly supervise, be in charge of and conduct each funeral service and/or committal service; provided however that such directing does not conflict with the administrative or operational authority of the cemetery operator at the cemetery, crematory, mausoleum, etc.

(E) License display

(1) The individual funeral director’s license of each licensee employed at a funeral home shall be conspicuously displayed at the funeral home in such a manner that it may be seen by the general public. In instances of multiple operations, the license shall be displayed at the principal site of employment.

(2) The individual embalmer’s license of each licensee employed at a funeral home shall be conspicuously displayed in a public place in that home or in the preparation room.

(F) Address change The board shall be notified, in writing, within fifteen days of any change of address of a licensee.

(G) The state board of embalmers and funeral directors of Ohio shall have the right to examine the location of each application for a funeral home license in the state of Ohio and shall have the right to refuse the issuance of any such license to an applicant whose business location violates any provision of section 4717.18 of the Revised Code.

(H) When a request for a license is rejected, the board must notify the applicant of his right to a hearing. The applicant must request a hearing within thirty days of the time of mailing the notice. When the applicant requests a hearing, the board must immediately set a date, time, and place for a hearing and must notify the applicant. The date must be within fifteen days, but not earlier than seven days, after the applicant requested the hearing, unless other wise agreed to by both parties.

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.06

Prior Effective Dates: 6/19/74, 3/12/79, 1/1/84, 1/1/86, 7/1/87, 1/1/01

Unprofessional conduct shall include, but is not limited to, the following:

(A) Solicitation of dead human bodies by a licensed embalmer or a licensed funeral director, or a certified apprentice, or an agent, an assistant, employee or any other person acting on behalf of the licensee with their knowledge and consent, expressed or implied, when the solicitation occurs after death,

(B) The interference of an embalmer or funeral director, directly or indirectly, in any manner or through any other person, with another embalmer or funeral director who has lawful charge of a dead human body

(C) The disclosure by a licensee or apprentice of confidences, privacies, or secrets of the domestic life of any family, the knowledge of which was acquired through professional relationship with said family

(D) Violations of the federal trade commission’s funeral industry rule, codified as Chapter 16, Part 453 of the Code of Federal Regulations (hereinafter, referred to as the “funeral rule”). The funeral rule became effective on January 11, 1994. A copy is available on the federal trade commission’s website at http://www.ftc.gov.

(E) Failure to comply with any provision of rule 4717-1-25 of the Administrative Code.

(F) The misappropriation of any amount of money, paid by a consumer in order to fund their funeral service, by a funeral director, funeral home or funeral home’s employee.

(G) Failure to comply with the board’s request during an inspection or investigation shall be considered “Unprofessional or immoral conduct.”

Effective: 01/09/2007

R.C. 119.032 review dates: 10/20/2006 and 01/09/2012

Promulgated Under: 119.03

Statutory Authority: 4717.04

Rule Amplifies: 4717.14

Prior Effective Dates: 6/19/74, 1/1/84, 1/20/86, 1/1/01

The right to practice before the board shall be limited to attorneys at law of record in the state of Ohio.

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.14

Prior Effective Dates: 9/4/43

The procedure of the board of embalmers and funeral directors of Ohio for promulgating and giving public notice for the adoption, amendment, or rescission of its rules pursuant to section 119.03 of the Revised Code shall be as follows:

(A) No rule of the board shall be adopted, amended, or rescinded until notice of the board’s intention to make such adoption, amendment, or rescission. Such notice shall be published by posting the notice in the office of the board at Columbus, Ohio., such notice shall include a complete text of the proposed rule to be adopted, amended, or rescinded, and the date on which a public hearing will be held at the board’s office, or such other place as the board may select, at which all persons interested may appear, either in person or by counsel and be heard. Such public hearing shall be held not earlier than thirty days nor later than fifty days after the filing of the proposed rule, amendment or rescission as required under division (B) of section 119.03 of the Revised Code.

(B) Not less than thirty days prior to the date of the public hearing, two copies of each proposed rule to be adopted, amended, or rescinded shall be filed with the joint committee on agency rule review; one copy with the secretary of state; two copies with the legislative service commission; and pursuant to section 121.24 of the Revised Code, one copy with the department of development’s office of small business. The secretary of the board shall also mail copies of said notice, not earlier than thirty days nor later than fifty days prior to the date of the public hearing to the secretary of every funeral directors’, embalmers’ and crematories’ association in Ohio whose names are on file with the board. A copy shall also be sent to the state house press office.

(C) In addition, the board shall cause a brief synopsis or general statement of said proposed rule for adoption, amendment, or rescission, and the date, place and time of public hearing to be published one time in a daily newspaper of general circulation in the cities of Cleveland, Cincinnati, Columbus and Toledo. Said publication is to be no earlier than thirty days nor later than fifty days prior to the hearing. Two copies of the public notice shall be filed with the original rule filed with the joint committee on agency rule review and the legislative service commission, and one copy with the secretary of state’s office. A printed copy of the text of said proposed rule to be adopted, amended, or rescinded shall be furnished to any person on request to the secretary of the board.

(D) At the next regular monthly meeting of the board called after the time for legislative review has expired, the board shall act upon the proposed adoption, amendment, or rescission of the rule. If the board adopts, amends, or rescinds the rule, two copies of the rule as adopted, amended, or rescinded shall be filed by the secretary of the board with the secretary of state, joint committee on agency rule review, and the legislative service commission.

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.04

Prior Effective Dates: 12/13/66, 1/1/88, 1/1/01

This rule is adopted pursuant to section 121.22 of the Revised Code, and Chapters 119. and 4717. of the Revised Code.

(A) Any person may ascertain the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings by:

(1) Writing to the following address: “The Board of Embalmers and Funeral Directors of Ohio, 77 S. High Street, 16th floor, Columbus, Ohio 43215-6108;”

(2) Calling the following telephone number during normal business hours: (614) 466-4252;

(3) Consulting the public notice posted at: “77 S. High Street, 16th floor, Columbus, Ohio 43215-6108.”

Any person may receive notice of all meetings of the board. The executive director shall maintain a list of all persons who have requested such notification. In order to receive notification, such persons must provide to the executive director sufficient quantity of self-addressed, stamped envelopes for the mailing of the notices.

(B) Any representative of the news media may obtain notice of all special meetings by requesting in writing that such notice be provided. Such notice will only be given, however, to one representative of any particular publication or radio or television station. A request for such notification shall be addressed to: “The Board of Embalmers and Funeral Directors of Ohio, 77 S. High Street, 16th floor, Columbus, Ohio 43215-6108.”

The request shall provide the name of the individual media representative to be contacted, their mailing address and a maximum of two telephone numbers where the individual can be reached. The executive director shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this rule.

(C) In the event of a special meeting not of an emergency nature, the executive director shall notify all media representatives on the list of such meeting by doing at least one of the following:

(1) Sending written notice, which must be mailed no later than twenty-four hours prior to the day of the special meeting;

(2) Notifying such representatives personally or by telephone no later than twenty-four hours prior to the special meeting; such telephone notice shall be complete if a message has been left for the representative.

(D) In the event of a special meeting of an emergency nature, the executive director shall notify all media representatives on the list of such meeting by notifying the clerk of the state house press room. In such event, however, the notice need not be given twenty-four hours prior to the meeting, but shall be given as soon as possible.

(E) In giving the notices required by paragraph (B) of this rule, the executive director may rely on assistance provided by any member or employee of the board and any such notice is complete if given by such member or employee in the manner provided in paragraph (B) of this rule.

Effective: 11/10/2005

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.03

Prior Effective Dates: 11/26/76, 1/1/01

(A) Pursuant to section 4717.09 of the Revised Code, each person licensed to practice as an embalmer or funeral director in this state shall attend a minimum of eighteen hours of continuing education programs approved by the board for the two year compliance period in which the rules are adopted and every two years thereafter. Compliance shall be required on or before the end of each two-year period following December 31, 2006. The two-year compliance period shall commence on January first of the next two-year compliance period following receipt of the applicant’s initial license. Compliance with the requirements of continuing education is a prerequisite for license renewal.

(B) Pursuant section 4717.08 of the Revised Code, the board’s decision regarding license renewal is made on or before December thirty-first of each even numbered year.

(C) Hours of continuing education may be obtained by attending and participating in an approved program of activity as defined in paragraph (E) of this rule.

(D) It is the responsibility of each licensee to finance the licensee’s costs of continuing education and retain all certificates of completion for four years or until the licensee submits such as proof during a random audit.

(E) Standards of approval.

(1) A program of activity shall be qualified for approval as an approved program of activity if the board determines that:

(a) It constitutes an organized program of learning (including a workshop or symposium) which contributes directly to the professional competency of the licensee or it conforms to the master training requirements pursuant to rule 4717-1-14 of the Administrative Code; and

(b) It pertains to common subjects or other subject matters which integrally relate to the practice of embalming and funeral directing; and

(c) It permits attendance by all licensed funeral directors and embalmers in the state of Ohio.

(2) A sponsor, organization or person which desires to obtain approval of a course, program or other continuing education activity shall apply for approval by submitting to the board an application established by the board. Such application shall be submitted prior to the last Friday preceding the board’s monthly meeting. A separate application shall be submitted for each course, program, convention or other continuing education activity desiring approval. The board shall approve or deny such application in writing at the next regular meeting of the board. Any program approved by the board will be valid through the current compliance period. The applicant shall state the dates, subjects offered, total hours of instruction, names and qualifications of speakers, other pertinent information and a sample of the certificate of completion.

(F) Except as otherwise provided in this rule, the board shall approve one hour of continuing education credit time for every one hour of attendance by a licensee at an approved program of activity.

(G) The board will approve nine hours or one half of the required continuing education hours fulfilled through courses, programs and other continuing education activities provided by correspondence which includes online courses.

(H) The board will not consider individual insurance programs for continuing education credit.

(I) The board will allow three hours of credit for licensees who submit a copy of the “licensee continuing education transcript” from the Ohio department of insurance evidencing satisfactory completion of the continuing education requirements for issuance or renewal of an insurance license.

(J) An individual licensee seeking credit for attendance and participation in an educational activity out of the state of Ohio which is not approved prior to the date of the activity shall submit on a form established by the board within thirty days after completion of such activity, request for credit, including a brief resume of the activity, its dates, subjects, instructors, and their qualifications and the number of credit hours requested therefore and all necessary printed matter. Within ninety days after receipt of such application, the board shall advise the licensee in writing by ordinary mail whether the activity is approved and the number of hours allowed therefore. A licensee not complying with the requirements of this paragraph may be denied credit for such activity.

It is the responsibility of each licensee to retain all certificates of completion and/or certified transcripts for four years or until the licensee submits such as proof during a random audit.

(K) Certificates of completion must be awarded upon the successful completion of all approved continuing education courses and must include the following information:

(1) Sponsor’s name;

(2) Licensee’s name and license number;

(3) Approved course title;

(4) Date of course completion;

(5) Course location;

(6) Number of approved continuing education credit hours awarded; and

(7) Signature of sponsor or representative for sponsor.

A sample of the certificate of completion must be submitted with the CE#2 application.

(L) Physical disability, illness or undue hardship (waivers).

The board may, in individual cases involving physical disability or illness, or undue hardship, grant waivers of the minimum education requirements. No waiver shall be granted unless written application therefore shall be made on forms established by the board and signed by the licensee; and by a physician licensed by the medical board. Waivers of the minimum educational requirements may be granted by the board for any period not to exceed one compliance period. In the event that the physical disability or illness or undue hardship for which the waiver has been granted continues beyond the period of waiver, the licensee must reapply for a new waiver for the applicable compliance period.

Notwithstanding anything to the contrary contained in this rule, the board shall not grant a waiver of the minimum continuing education requirements to any licensee designated as the manager of a funeral home pursuant to OAC 4717-1-16(B)(2)(a).

(M) Exemptions for licensees.

A licensee who is not engaged in practice in the state of Ohio residing within or without the state of Ohio may be granted an exemption upon written application to the board. The application shall contain a statement that the applicant will not engage in the practice of embalming and funeral directing in Ohio without first complying with all regulations governing removal of exemption. The application for an exemption shall be submitted upon the form established by the board. Notwithstanding anything to the contrary contained in this rule, the board shall not grant an exemption of the continuing education requirements to any licensee designated as manager of a funeral home pursuant to paragraph (B)(2)(a) of rule 4717-1-16 of the Administrative Code or any funeral director actually in charge of or ultimately responsible for a funeral home or an embalmer actually in charge of an embalming facility in the state of Ohio.

(N) Removal of continuing education exemption.

Licensees who have been granted an exemption pursuant to this rule shall, prior to engaging in the practice of embalming and funeral directing in state of Ohio, satisfy the following requirements for removal of exemption:

(1) Submit written application for removal of continuing education exemption to the board upon forms established by the board; and

(2) Furnish on the application evidence of one of the following:

(a) The full-time practice of embalming and funeral directing in another state of the United States or the District of Columbia and completion of continuing education for each year of exemption status substantially equivalent in the opinion of the board to that required under rule 4717-1-23 of the Administrative Code; or

(b) Completion of the total number of hours of accredited continuing education equal to that required during the exemption period; or

(c) Successful completion of the Ohio laws license examination conducted within one year after the submission of such application for removal of continuing education exemption.

(O) Pursuant to section 5903.12 of the Revised Code, this rule does not apply to persons serving in the armed forces of this country.

(P) Exemption for fifty years of licensure.

An individual who has held a license as an embalmer or funeral director for not less than fifty years may make written application to the board for an exemption from the minimum education requirements. The application for the exemption shall be made on forms established by the board and signed by the licensee. Notwithstanding anything to the contrary contained in this rule, the board shall not grant an exemption to any licensee designated as the person actually in charge of an embalming facility pursuant to OAC 4717-1-27(B)(2), to any licensee designated as the manager or the funeral director actually in charge of and ultimately responsible for a funeral home pursuant to OAC 4717-1-16(B)(2)(a). An exemption granted under this rule shall be automatically voided if the individual holding the exemption is designated as the person actually in charge of an embalming facility or a manager or funeral director actually in charge of and ultimately responsible for a funeral home.

If an exemption for fifty years of licensure is voided, the licensee must notify the board office and request an amendment to the funeral home license. Upon the board’s acceptance of a satisfactorily completed amendment, the licensee is permitted to serve as manager and/or funeral director actually in charge of and ultimately responsible for the funeral home. The licensee is responsible for completing the total number of hours of accredited continuing education for the compliance period in which the exemption for fifty years of licensure is voided before the licensee would be permitted to renew.

(Q) Approval of a waiver, exemption, or fifty-year exemption does not waive or exempt the licensee from renewal fees.

(R) The board may conduct a random audit of the continuing education records of a number of the licensees to be determined by the board each renewal period. The board will notify licensees who are randomly selected for the audit to determine compliance with the continuing education requirement specified in this rule.

(1) Licensees, chosen randomly, shall submit to the board by the date specified by the board, copies of certificates of completion, records and documentation of proof of completion of the continuing education activities used to meet the continuing education requirements of this rule.

(2) Failure to comply with the continuing education audit will result in the commencement of disciplinary action by the board.

(S) A license shall not be renewed unless the licensee certifies on the renewal application that the individual completed the required number of continuing education hours specified in paragraph (A) of this rule.

(T) A licensee who falsifies a renewal application may be disciplined by the board for violating division (A)(9)(a) of 4717.04 of the Revised Code.

(U) Record keeping requirements for sponsors: The sponsor must maintain the notice of board approval letter, attendance records, a copy of the CE#2 form including course outlines and instructor resumes and a copy of the certificate of completion for a minimum of four years. These records must be made available to the board upon request.

Effective: 01/09/2007

R.C. 119.032 review dates: 10/20/2006 and 01/09/2012

Promulgated Under: 119.03

Statutory Authority: 4717.04

Rule Amplifies: 4717.09

Prior Effective Dates: 8/1/81, 1/1/84, 7/1/87, 1/1/01, 11/10/2005

Any funeral home which sells or provides funeral goods or services under a preneed funeral contract shall maintain all funds paid pursuant to such contract in accordance with the provisions of section 1111.19 of the Revised Code, and shall submit to the board on or before March thirtieth of each year, a report for the previous year consisting of the following:

(A) An affidavit signed by the funeral director actually in charge of and ultimately responsible for the funeral home, certifying that all funds held in any capacity by a funeral home pursuant to any preneed contract are trusted in compliance with section 1111.19 of the Revised Code;

(B) That the affidavit certify an attachment listing all accounts held, including the name of the beneficiary of the account, or other form of identification, the name and address of the trust and designated trustee, and the account balance as of the ending date of the report period;

(C) The name of the designated trustee if a person or an entity other than a financial institution;

(D) The amount of corporate surety bond if a trustee is designated, accompanied by a certification or other evidence of such corporate surety bond.

Effective: 01/09/2007

R.C. 119.032 review dates: 10/20/2006 and 01/09/2012

Promulgated Under: 119.03

Statutory Authority: 4717.04

Rule Amplifies: 1111.19

Prior Effective Dates: 1/1/86, 1/1/90, 1/1/01

(A) The crematory review board shall conduct an organizational meeting at least annually at which time the crematory review board shall appoint a chairperson and one additional person who is experienced in the operation of a crematory facility and who is not affiliated with a cemetery or a funeral home to serve on the crematory review board for a period of two years.

(B) The crematory review board shall conduct an adjudicatory hearing, in accordance with Chapter 119. of the Revised Code upon receiving notice from the board of embalmers and funeral directors of any violation of division (E) of section 4717.03 of the Revised Code.

(1) Prior to the outset of the adjudicatory hearing, the crematory review board shall appoint one member to preside over the proceeding and to draft the written report of findings and advisory recommendations of the crematory review board. Nothing contained in this rule shall prevent the crematory review board from appointing an independent examiner in accordance with section 119.09 of the Revised Code to conduct any adjudication hearing required under this rule and division (E) of section 4717.03 of the Revised Code. To the extent that the crematory review board appoints an independent examiner to conduct any adjudication hearing, the crematory review board shall, upon receipt of a report and recommendation from the examiner, affirm or reject the report and recommendation of the examiner, but the crematory review board shall not modify the report and recommendation of the examiner. The crematory review board shall submit a copy of said report to the board of embalmers and funeral directors along with a transcript of the proceedings.

Effective: 11/10/2005

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.03

Prior Effective Dates: 1/1/01

(A) The following forms shall be used by the board for licensing embalming facilities:

(1) Form EF-1, application for embalming facility license.

(B) Requirements for embalming facility license:

(1) The embalming facility shall be adequately equipped and maintained in a sanitary manner. The embalming room at the facility shall contain only the articles, facilities, and instruments necessary for its stated purpose. The embalming room shall be kept in a clean and sanitary condition and used only for the care and preparation of dead human bodies. The minimal requirements for the embalming room shall be as follows:

(a) Sanitary floor:

(b) All instruments and appliances used in the embalming of a dead human body shall be thoroughly cleansed and sterilized using an appropriate disinfectant immediately at the conclusion of each individual case;

(c) Running hot and cold water with a lavatory sink for personal hygiene;

(d) Exhaust fan and intake vent, permanently installed and operable with the capacity to change the air in the room four fifteen times each hour;

(e) Sanitary plumbing connected with sewer, cesspool, septic tank, or other department of health approved system;

(f) Porcelain, stainless steel, metal-lined or fiberglass operating table;

(g) All opening windows and outside doors shall be adequately screened and shielded from outside viewing;

(h) All hydro-aspirators or electric aspirators shall be equipped with at least one air breaker;

(i) Containers for refuse, trash and soiled linens shall be adequately covered or sealed at all times;

(j) First-aid kit and eyewash;

(k) The embalming or preparation room shall be strictly private. A “private” sign shall be posted on the door(s) entering the preparation room. No one shall be allowed therein while the body is being embalmed except the licensed embalmers, apprentices and other authorized persons and officials in discharge of their duties;

(l) All waste materials, refuse, used bandages and cotton shall be destroyed in accordance with all applicable OSHA and EPA regulations;

(m) Every person, while engaged in actually embalming a dead human body, shall be attired in a clean and sanitary smock or gown covering the person from the neck to below the knees and shall, while so engaged, wear impervious rubber gloves;

(n) All bodies in the preparation room should be treated with proper care and dignity and should be properly covered at all times.

(o) Ingress and egress of the preparation room must be situated so that functions in the funeral home will not impede or interfere with entering or exiting said room.

(2) The board shall issue a license to operate an embalming facility only for the address at which the embalming facility is to operate and shall issue said license only to an individual licensed as an embalmer by the board, pursuant to division (B) of section 4717.05 of the Revised Code, who is actually in charge as defined in rule 4717-1-01 of the Administrative Code.

Effective: 11/10/2005

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.06

Prior Effective Dates: 1/1/01

(A) The following forms shall be used by the board for licensing crematory facilities:

(1) Form CF-1, application for crematory facility license.

(B) Requirements for crematory facility license:

(1) A crematory facility shall be adequately equipped and maintained in a clean and sanitary manner. The crematory shall contain only the articles, facilities, and instruments necessary for carrying out the business of the crematory. The crematory shall contain a separate area for the performance of cremation and pulverization of dead human bodies, human body parts, and animals. The minimal requirements for the crematory facility shall be as follows:

(a) The crematory facility must comply with all applicable local and state building codes, zoning laws, and ordinances, environmental standards and OSHA requirements;

(b) The crematory must have, on site, a motorized mechanical device for processing cremated remains and must have, in the building or adjacent to it, a holding facility for the retention of dead human bodies or human body parts awaiting cremation. The holding facility must be secure from access by anyone except the authorized personnel of the crematory, preserve the dignity of the remains, and protect the health and safety of the crematory personnel. The crematory facility shall also maintain sufficient pollution control equipment to comply with the department of environmental regulation requirements in order to secure annual approved certification.

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.06

Prior Effective Dates: 1/1/01

(A) Any license granted by the board may be summarily suspended without a prior hearing pursuant to division (B) of section 4717.14 of the Revised Code if, in the opinion of the board there is clear and convincing evidence that the license holder has violated divisions (A)(1) to (A)(10) of section 4717.14 of the Revised Code and the licensee’s continued practice presents a danger of immediate and serious harm to the public.

(1) Prior to the consideration of a summary suspension under paragraph (A) of this rule, the executive director shall prepare written allegations for consideration by the board.

(2) If the board determines that the conditions in paragraph (A) of this rule are met, it shall issue a written order of suspension, by certified mail or personal service, in accordance with section 119.07 of the Revised Code.

(3) The licensee may request an adjudicatory hearing, pursuant to section 119.12 of the Revised Code. Such hearing shall be set by the board within fifteen days, but not earlier than seven days, of said request, unless otherwise agreed. Said request shall be deemed to have been made as of the date of receipt by the request by the board.

(4) The board shall issue a final adjudicatory order within thirty days after the completion of the adjudicatory hearing, except in the case of the summary suspension of a crematory facility license, in which case the board shall issue a final adjudicatory order within sixty days after completion of the adjudicatory hearing. Failure to issue a final adjudicatory order within that time will result in the dissolution of the summary suspension order but in no way effects or invalidates the final adjudicatory order or any subsequent order of the board.

(5) A summary suspension issued by the board is not subject to stay by the court during the pendency of any appeal by the licensee under section 119.12 of the Revised Code.

(B) Any holder of a license issued under this chapter who has pleaded guilty to, has been found by a judge or jury to be guilty of, or has had a judicial finding of eligibility for treatment in lieu of conviction entered against the individual by any jurisdiction and for any offense listed in division (C) of section 4717.14 of the Revised Code is suspended from practice by operation of law as of the date of such guilty plea, verdict or finding of guilt, or judicial finding of eligibility for treatment in lieu of conviction. The board shall issue a written order of suspension, by certified mail or personal service, in accordance with section 119.07 of the Revised Code.

(1) The licensee may request an adjudicatory hearing, pursuant to section 119.12 of the Revised Code. Such hearing shall be set by the board within fifteen days, but not earlier than seven days, of said request, unless otherwise agreed. Said request shall be deemed to have been made as of the date of receipt by the request by the board.

(2) The board shall issue a final adjudicatory order after the completion of the adjudicatory hearing. If the licensee fails to request an adjudicatory hearing, the board shall enter a final order revoking the license.

Effective: 11/10/2005

R.C. 119.032 review dates: 08/26/2005 and 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C. 4717.14

Prior Effective Dates: 1/1/01

For purposes of division (A)(9) of section 4717.04 of the Revised Code, the board may impose a forfeiture for the following types of conduct, which constitute violations of Chapter 4717. of the Revised Code. The licensee shall pay to the executive director of the board the full amount of the forfeiture by certified check made payable to the board, and received within the time period set forth in section 4717.15 of the Revised Code. The amount of the forfeiture shall be in accordance with the following schedule:

(A) For obtaining a license under this chapter by fraud or misrepresentation either in the application or in passing the required examination for the license, the board may impose a fine as follows:

(1) For a first offense, a minimum fine of one thousand dollars to a maximum fine of five thousand dollars.

(2) For a second or subsequent offense, a minimum fine of seven thousand five hundred dollars to a maximum fine of ten thousand dollars.

(B) For purposely violating any provision of sections 4717.01 to 4717.15 of the Revised Code or a rule adopted under any of those sections; division (A) or (B) of section 4717.23 of the Revised Code; division (B)(1) or (B)(2), (C)(1) or (C) (2), (D), (E), or (F)(1) or (F)(2), or divisions (H) to (K) of section 4717.26 of the Revised Code; division (D)(1) of section 4717.27 of the Revised Code; or division (A) to (C) of section 4717.28 of the Revised Code, the board may impose a fine as follows:

(1) For a first offense, a minimum fine of five hundred dollars to a maximum fine of five thousand dollars.

(2) For a second or subsequent offense, a minimum fine of seven thousand five hundred dollars to a maximum fine of ten thousand dollars.

(C) For committing unprofessional conduct, the board may impose a fine as follows:

(1) For a first offense, a minimum fine of five hundred dollars to a maximum fine of five thousand dollars.

(2) For a second or subsequent offense, a minimum fine of seven thousand five hundred dollars to a maximum fine of ten thousand dollars.

(D) For knowingly permitting an unlicensed person, other than a person serving an apprenticeship, to engage in the profession or business of embalming or funeral directing under the licensee’s supervision, the board may impose a fine as follows:

(1) For a first offense, a minimum fine of two thousand five hundred dollars to a maximum fine of five thousand dollars.

(2) For a second or subsequent offense, a minimum fine of seven thousand five undred dollars to a maximum fine of ten thousand dollars.

(E) For refusing to promptly submit the custody of a dead human body upon the express order of the person legally entitled to the body, the board may impose a fine as follows:

(1) For a first offense, a minimum fine of one thousand dollars to a maximum fine of five thousand dollars.

(2) For a second or subsequent offense, a minimum fine of seven thousand five hundred dollars to a maximum fine of ten thousand dollars.

(F) For transferring a license to operate a funeral home, embalming facility, or crematory facility from one owner or operator to another, or from one location to another without notifying the board, the board may impose a fine as follows:

(1) For a first offense, a minimum fine of one thousand dollars to a maximum fine of five thousand dollars.

(2) For a second or subsequent offense, a minimum fine of seven thousand five hundred dollars to a maximum fine of ten thousand dollars.

(G) For misleading the public using false or deceptive advertising, the board may impose a fine as follows:

(1) For a first offense, a minimum fine of one thousand dollars to a maximum fine of five thousand dollars.

(2) For a second or subsequent offense, a minimum fine of seven thousand five hundred dollars to a maximum fine of ten thousand dollars.

Effective: 11/10/2005

R.C. 119.032 review dates: 06/22/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4717.04

Rule Amplifies: R.C.4717.04

Every entity licensed by the board shall make its records available for inspection to the board or the board’s agents during reasonable hours.

(A) Every funeral director and funeral home must retain all records relating to any preneed funeral contract or insurance policy that they establish for a consumer that desires to prepay their funeral service for at least five years after satisfaction of the contract.

(B) Any person designated as an AIC/UR of a funeral home shall make the funeral home facility open for an inspection or investigation by the board or the board’s agents during reasonable hours.

(C) Failure to comply with the board’s request during an inspection or investigation may result in disciplinary action.

Effective: 01/09/2007

R.C. 119.032 review dates: 01/09/2012

Promulgated Under: 119.03

Statutory Authority: 4717.04

Rule Amplifies: 4717.03(C)