Lawriter - OAC - 4717-5-03 Apprenticeship.

4717-5-03 Apprenticeship.

(A) A master embalmer or master 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.

(B) A master embalmer or master funeral director shall arrange for the apprentice to receive training from any other master embalmers or funeral directors in the state of Ohio in those areas where the primary master embalmer or funeral director does not have sufficient business to satisfy the requirements of the "Embalmer and/or Funeral Director Task List." However, no apprentice may serve more than one-half of his/her time working under a embalmer or funeral director who is not the master certifying the apprenticeship.

(C) 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 paragraph (H) of rule 4717-1-01 of the Administrative Code, 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.

(D) 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 refuse 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 and may be charged with unprofessional conduct.

(E) In case of the death or disability of the master embalmer or master funeral director, the board may accept in lieu of the master's certification of apprenticeship one or more affidavits from other funeral directors or reputable citizen having knowledge of the apprenticeship. Such affidavit(s) shall include the dates of the apprenticeship, the relationship of the affiant to the applicant, and the circumstances which give the affiant knowledge of the apprenticeship, its nature, extent, the services provided, and the tasks accomplished.

(F) 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 the apprenticeship during such leave and shall so notify the board in writing within ten days after the termination. The apprentice shall re-certify the apprenticeship upon completion of the leave period by submitting the appropriate forms to the board.

If an apprenticeship record is inactive for five years, it shall be destroyed according to the board's record retention schedule.

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.

(G) The master's sound professional judgment should determine the progression of the apprentice's responsibility and degree of autonomy afforded to the apprentice based on the mastery of each skill during the term of the apprenticeship. The "Embalmers and/or Funeral Directors Task List" is designed to guide that judgment and measure the progress of an apprentice.

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 apprenticeship or, in the case of an apprentice who did not complete mortuary science college, the course of six calendar quarters of apprenticeship.

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

(H) 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 and who has successfully completed nine months of an apprenticeship or, in the case of an apprentice who did not complete mortuary science college, completed eighteen months of an 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 his/her insurance license number at registration.

(I) In no case shall an apprentice spend more than twenty per cent of any apprenticeship assisting in pre-need solicitation or arrangements.

(J) Upon completion of the apprenticeship, an individual may continue to serve in the same capacity as an apprentice under the direct supervision of a funeral director or embalmer for no more than ninety days to allow the apprentice to sit for the required examination, or until the apprentice receives his or her grade from the examination, whichever occurs first.

Effective: 6/19/2017
Five Year Review (FYR) Dates: 03/27/2017 and 06/19/2022
Promulgated Under: 119.03
Statutory Authority: 4717.04
Rule Amplifies: 4717.05
Prior Effective Dates: 6/19/74, 4/9/79, 1/1/84, 7/1/07, 1/1/01, 1/9/07, 1/1/12