Chapter 4717-1 General Provisions

4717-1-01 Definitions.

For purposes of agency 4717 of the Administrative Code, the following definitions shall apply in addition to all definitions in section 4717.01 of the Revised Code:

(A) "Actually in charge", as used 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.

"Actually in charge", as used 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 hours of credit of apprenticeship properly certified to the board by the master embalmer and/or master funeral director and approved by the board as having been satisfactorily served.

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

(D) "Business or profession of directing or supervising funerals for profit", means 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; or directing the final ceremony or service at the cemetery, crematory, mausoleum, or any other place for the final disposition of a dead human body. Provided, however, that such directing does not conflict with the administrative or operational authority of the cemetery operator at the cemetery, crematory, mausoleum, or other place for the final disposition of a dead human body, 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" means 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/or burial, entombment or cremation of the remains.

(H) "Full time" with regard to apprenticeship credit time means a minimum of hours necessary to complete the requirements set forth in the "Funeral Directors or Embalmers Apprenticeship Task List."

"Full time" with regard to the licensure of funeral directors and embalmers and to the operation of a funeral home, embalming facility, or crematory facility means an average of forty hours a week during any calendar month.

(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 or entity licensed by the board.

(N) "Manager" means a full-time person having direct and immediate direction or control of a funeral home.

(O) "Master or master embalmer" means an embalmer with at least five years of experience in the state of Ohio, who has, 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 a funeral director with at least five years experience in the state of Ohio who has, 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" means any document, either written or in electronic form, relating to the operation of a business of directing or supervising funerals for profit; or the operation of an embalming facility or a crematory facility.

(T) "Secretary-treasurer" means the secretary-treasurer of the board.

(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, if the funeral home license is held in the funeral director's name and the funeral director has signed the funeral home license application.

Replaces: 4717-1-01

Effective: 04/10/2011
R.C. 119.032 review dates: 04/10/2016
Promulgated Under: 119.03
Statutory Authority: 4717.04
Rule Amplifies: 4717.01
Prior Effective Dates: 12/31/71, 3/12/79, 8/1/81, 1/1/84, 1/1/84, 7/1/87, 1/1/88, 1/1/01, 11/10/05, 1-9-07

4717-1-02 Public meetings.

(A) Meetings of the board of embalmers and funeral directors, in addition to the meetings requested by division (A) of section 4717.03 of the Revised Code, may be held at the call of the president or vice-president or upon a majority vote of a quorum of the members present at a meeting.

(B) Any person desiring to determine the time, place or purpose of any meeting of the board, may do so by accessing the board's website at www.funeral.ohio.gov or contacting the president or vice-president of the board or personnel employed by the board.

(C) Any person may provide an email address and be placed on an electronic mailing list for advance notification of all meetings of the board or meetings at which any specific type of public business is to be discussed. The requester may request notification be provided by fax or first-class mail. Any person requesting notification by first-class mail shall provide a postage-prepaid self-addressed envelope and pay the cost of copying.

(D) Public notice specifying the date, time and place of all meetings of the board shall be posted on the board's web site at www.funeral.ohio.gov and at its office.

Replaces: 4717-1-21

Effective: 04/10/2011
R.C. 119.032 review dates: 04/10/2016
Promulgated Under: 119.03
Statutory Authority: 4717.04
Rule Amplifies: 4717.03
Prior Effective Dates: 11/26/76, 1/1/01, 11-10-05

4717-1-03 Notice of administrative rules hearing.

(A) Public notice of the intention of the board of embalmers and funeral directors to consider adopting, amending or rescinding a rule in accordance with divisions (A) to (E) of section 119.03 of the Revised Code shall be published in the register of Ohio (www.registerofohio.state.oh.us) pursuant to division (A) of section 119.03 of the Revised Code.

(B) The public notice shall specify the date, time and place of the hearing and shall include:

(1) A statement of the intention to consider adopting, amending or rescinding a rule and the purpose or reason therefore;

(2) A synopsis of the proposed rule, amendment or rescission or a general statement as to the subject to which it relates.

(C) A copy of the public notice shall be provided by the board to any person who requests a copy, provides an electronic mail address, mailing address or fax number, and, if appropriate, pays the cost of copying and mailing.

Replaces: 4717-1-20

Effective: 04/10/2011
R.C. 119.032 review dates: 04/10/2016
Promulgated Under: 119.03
Statutory Authority: 4717.04
Rule Amplifies: 4717.03
Prior Effective Dates: 12/13/66, 1/1/88, 01-01-01

4717-1-04 Legal representation.

The right to practice before the board shall be limited to attorneys at law authorized to practice in the state of Ohio. Any member in good standing of the bar of any court of the United States or of the highest court of any state may, upon written or oral motion, be permitted to appear pro hac vice and participate in a particular matter, at the discretion of the board. Any attorney seeking the right to appear pro hac vice must show proof of good standing.

Replaces: 4717-1-19

Effective: 04/10/2011
R.C. 119.032 review dates: 04/10/2016
Promulgated Under: 119.03
Statutory Authority: 4717.04
Rule Amplifies: 4717.03
Prior Effective Dates: 09-04-43

4717-1-05 [Rescinded] Duties of the president.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
Promulgated Under: 119.03
Statutory Authority: R.C. 4717.04
Rule Amplifies: R.C. 4717.03
Prior Effective Dates: 12/23/71

4717-1-06 [Rescinded] Duties of the secretary-treasurer.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
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

4717-1-07 [Rescinded] Regulation forms used by the board for embalmers.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
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

4717-1-08 [Rescinded] Regulation forms used by the board for funeral directors.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
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

4717-1-09 [Rescinded] Fees and charges.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
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

4717-1-10 Rescinded.

Effective: 01/01/2012
R.C. 119.032 review dates: 12/22/2010
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

4717-1-11 [Rescinded] Requirements for reciprocal embalmer's license.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
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

4717-1-12 Rescinded.

Effective: 01/01/2012
R.C. 119.032 review dates: 12/22/2010
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

4717-1-13 [Rescinded] Requirements for reciprocal funeral director's license.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
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

4717-1-14 Rescinded.

Effective: 01/01/2012
R.C. 119.032 review dates: 12/22/2010
Promulgated Under: 119.03
Statutory Authority: R.C. 4717.04
Rule Amplifies: R.C. 4717.05
Prior Effective Dates: 6/19/74, 4/9/79, 1/1/84, 7/1/87, 1/1/01, 11/10/05

4717-1-15 [Rescinded] Examinations.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
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

4717-1-16 [Rescinded] Requirements for funeral home license.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
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

4717-1-18 [Rescinded] General rules for conduct of business.

Effective: 05/16/2011
R.C. 119.032 review dates: 12/22/2010
Promulgated Under: 119.03
Statutory Authority: R.C. 4717.04
Rule Amplifies: R,C, 4717.14
Prior Effective Dates: 6/19/74, 1/1/84, 1/20/86, 1/1/01

4717-1-19 [Rescinded] Legal representation.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
Promulgated Under: 119.03
Statutory Authority: R.C. 4717.04
Rule Amplifies: R.C. 4717.14
Prior Effective Dates: 9/4/43

4717-1-20 [Rescinded] Adoption, amendment, and rescission of rules.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
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

4717-1-21 [Rescinded] Notice of meetings.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
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

4717-1-23 [Rescinded] Continuing education requirements.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
Promulgated Under: 119.03
Statutory Authority: R.C. 4717.04
Rule Amplifies: R.C. 4717.09
Prior Effective Dates: 8/1/81, 1/1/84, 7/1/87, 1/1/01, 11/10/05

4717-1-25 [Rescinded] Preneed funeral contract annual report.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
Promulgated Under: 119.03
Statutory Authority: R.C. 4717.04
Rule Amplifies: R.C. 1111.19
Prior Effective Dates: 1/1/86, 1/1/90, 1/1/01

4717-1-26 [Rescinded] Meetings of the crematory review board.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
Promulgated Under: 119.03
Statutory Authority: R.C. 4717.04
Rule Amplifies: R.C. 4717.03
Prior Effective Dates: 1/1/01

4717-1-27 [Rescinded] Embalming facilities.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
Promulgated Under: 119.03
Statutory Authority: R.C. 4717.04
Rule Amplifies: R.C. 4717.06
Prior Effective Dates: 1/1/01

4717-1-28 [Rescinded] Crematory facilities.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
Promulgated Under: 119.03
Statutory Authority: R.C. 4717.04
Rule Amplifies: R.C. 4717.06
Prior Effective Dates: 1/1/01

4717-1-29 [Rescinded] Summary suspension.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
Promulgated Under: 119.03
Statutory Authority: R.C. 4717.04
Rule Amplifies: R.C. 4717.14
Prior Effective Dates: 1/1/01

4717-1-30 [Rescinded] Forfeitures.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
Promulgated Under: 119.03
Statutory Authority: R.C. 4717.04
Rule Amplifies: R.C. 4717.04
Prior Effective Dates: 11/10/05

4717-1-31 [Rescinded] Inspections.

Effective: 04/10/2011
R.C. 119.032 review dates: 12/22/2010
Promulgated Under: 119.03
Statutory Authority: R.C. 4717.04
Rule Amplifies: R.C. 4717.03(C)
Prior Effective Dates: 1/9/07