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.

(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

(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. 4717.04Rule Amplifies: R.C. 4717.05Prior Effective Dates: 6/19/74, 3/12/79, 1/1/84, 1/1/86, 7/1/87, 1/1/01

4717-1-10 [Effective 1/1/2012] 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 [Effective until 1/1/2012] Requirements for funeral director's license.

(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. 4717.04Rule Amplifies: R.C. 4717.04, R.C. 4717.05Prior Effective Dates: 6/19/74, 3/12/79, 1/1/84, 1/1/86, 7/1/87, 1/1/01

4717-1-12 [Effective 1/1/2012] 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 [Effective until 1/1/2012] Apprenticeship.

(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.

(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.

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