4717-1-18 General rules for conduct of business.

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