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Ohio Laws and Rules
(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