Chapter 4717-9 Continuing Education

4717-9-01 Continuing education requirements.

(A) Pursuant to section 4717.09 of the Revised Code, each person licensed to practice as an embalmer or funeral director in this state shall attend a minimum of eighteen hours of continuing education programs approved by the board for the two year compliance period and every two years thereafter. Compliance shall be required on or before the end of each two-year period following December 31, 2006. The two-year compliance period shall commence on January first of the next two-year compliance period following receipt of the applicant's initial license. Compliance with the requirements of continuing education is a prerequisite for license renewal.

(B) Pursuant to section 5903.12 of the Revised Code, the board upon receiving an application from one of its licensees that is accompanied by the proper documentation certifying that the licensee has been called to active duty during the current or prior reporting period and certifying the length of that active duty, shall extend the current reporting period by an amount of time equal to the total number of months that the licensee spent on active duty during the current reporting period. The board shall also consider relevant education, training, or service completed by a licensee as a member of the armed forces of the United States or reserve components thereof the Ohio national guard, the Ohio military reserve, or the Ohio naval militia in determining whether a licensee has fulfilled required continuing education.

(C) Pursuant section 4717.08 of the Revised Code, the board's decision regarding license renewal is made on or before December thirty-first of each even numbered year.

(D) Hours of continuing education may be obtained by attending and participating in an approved program of activities.

(E) It is the responsibility of each licensee to finance the licensee's costs of continuing education and retain all certificates of completion for four years or until the licensee submits such as proof during a random audit.

(F) Approved program of activity

(1) A program of activity shall be qualified for approval as an approved program of activity if the board determines that:

(a) It constitutes an organized program of learning (including a workshop or symposium) which contributes directly to the professional competency of the licensee or it conforms to the master training requirements of this chapter; and

(b) It pertains to common subjects or other subject matters which integrally relate to the practice of embalming and funeral directing; and

(c) It permits attendance by all funeral directors and embalmers in the state of Ohio.

(2) A sponsor, organization or person which desires to obtain approval of a course, program or other continuing education activity shall obtain approval prior to the activity. A sponsor, organization or person shall submit to the board an application established by the board. Such application shall be submitted prior to the last Friday preceding the board's monthly meeting. A separate application shall be submitted for each course, program, convention or other continuing education activity desiring approval. The board shall approve or deny such application in writing at the next regular meeting of the board. Any program approved by the board will be valid through the current compliance period, providing that there is no change to content. The applicant shall state the dates, subjects offered, total hours of instruction, names and qualifications of speakers, other pertinent information and a sample of the certificate of completion.

(G) Except as otherwise provided in this rule, the board shall approve one hour of continuing education credit time for every one hour of attendance by a licensee at an approved program of activity.

(H) The board shall approve nine hours or one half of the required continuing education hours fulfilled through courses, programs and other continuing education activities provided by correspondence which includes online courses.

(I) The board shall not consider individual insurance programs for continuing education credit.

(J) The board shall allow four hours of credit for licensees who submit a copy of the "licensee continuing education transcript" from the Ohio department of insurance evidencing satisfactory completion of the continuing education requirements for issuance or renewal of an insurance license.

(K) An individual licensee seeking credit for attendance and participation in an educational activity out of the state of Ohio which is not approved prior to the date of the activity shall submit on a form established by the board within thirty days after completion of such activity, request for credit, including a brief resume of the activity, its dates, subjects, instructors, and their qualifications and the number of credit hours requested therefore and all necessary printed matter. Within ninety days after receipt of such application, the board shall advise the licensee in writing by ordinary mail whether the activity is approved and the number of hours allowed therefore. A licensee not complying with the requirements of this paragraph may be denied credit for such activity.

(L) Certificates of completion must be awarded upon the successful completion of all approved continuing education courses and must include the following information:

(1) Sponsor's name;

(2) Licensee's name and license number;

(3) Approved course title;

(4) Date of course completion;

(5) Course location;

(6) Number of approved continuing education credit hours awarded; and

(7) Signature of sponsor or representative for sponsor.

(M) The board may conduct a random audit of the continuing education records of a number of the licensees to be determined by the board each renewal period. The board will notify licensees who are randomly selected for the audit to determine compliance with the continuing education requirement specified in this rule.

(1) Licensees, chosen randomly, shall submit to the board by the date specified by the board, copies of certificates of completion, records and documentation of proof of completion of the continuing education activities used to meet the continuing education requirements of this rule.

(2) Failure to comply with the continuing education audit will result in the commencement of disciplinary action by the board.

(N) A license shall not be renewed unless the licensee certifies on the renewal application that the individual completed the required number of continuing education hours specified in paragraph (A) of this rule.

(O) Record keeping requirements for sponsors: The sponsor must maintain the notice of board approval letter, attendance records, a copy of all forms, including course outlines and instructor resumes and a copy of the certificate of completion for a minimum of four years. These records must be made available to the board upon request.

Replaces: 4717-1-23

Effective: 04/10/2011
R.C. 119.032 review dates: 04/10/2016
Promulgated Under: 119.03
Statutory Authority: 4717.04
Rule Amplifies: 4717.09
Prior Effective Dates: 8/1/81, 1/1/84, 7/1/87, 1/1/01, 11/10/05, 01-09-07

4717-9-02 Exemptions or waivers from continuing education.

(A) A licensee who is not engaged in the practice of embalming and/or funeral directing in the state of Ohio may be granted an exemption upon written application to the board. The application shall contain a statement that the applicant will not engage in the practice of embalming and/or funeral directing in Ohio without first complying with all regulations governing removal of exemption. The application for an exemption shall be submitted upon the form established by the board. Notwithstanding anything to the contrary contained in this rule, the board shall not grant an exemption of the continuing education requirements to any licensee designated as a manager of a funeral home or any funeral director actually in charge of or ultimately responsible for a funeral home or an embalmer actually in charge of an embalming facility in the state of Ohio.

(B) Removal of continuing education exemption.

Licensees who have been granted an exemption pursuant to this rule shall, prior to engaging in the practice of embalming and/or funeral directing in the state of Ohio, satisfy the following requirements for removal of exemption:

(1) Submit written application for removal of continuing education exemption to the board upon forms established by the board; and

(2) Furnish on the application evidence of one of the following:

(a) The full-time practice of embalming and funeral directing in another state of the United States or the District of Columbia and completion of continuing education for each year of exemption status substantially equivalent in the opinion of the board to that required under rule 4717-9-01 of the Administrative Code; or

(b) Completion of the total number of hours of accredited continuing education equal to that required during the exemption period; or

(c) Successful completion of the Ohio laws license examination conducted within one year after the submission of such application for removal of continuing education exemption.

(C) Exemption for fifty years of licensure.

An individual who has held a license as an embalmer or funeral director for not less than fifty years may make written application to the board for an exemption from the minimum education requirements. The application for the exemption shall be made on forms established by the board and signed by the licensee. Notwithstanding anything to the contrary contained in this rule, the board shall not grant an exemption to any licensee designated as the person actually in charge of an embalming facility, or to any licensee designated as the manager or the funeral director actually in charge of and ultimately responsible for a funeral home. An exemption granted under this rule shall be automatically voided if the individual holding the exemption is designated as the person actually in charge of an embalming facility or a manager or funeral director actually in charge of and ultimately responsible for a funeral home.

If an exemption for fifty years of licensure is voided, the licensee must notify the board and request an amendment to the funeral home license. Upon the board's acceptance of a satisfactorily completed amendment, the licensee is permitted to serve as manager and/or funeral director actually in charge of and ultimately responsible for the funeral home. The licensee is responsible for completing the total number of hours of accredited continuing education for the compliance period in which the exemption for fifty years of licensure is voided before the licensee is permitted to renew.

(D) Approval of a waiver, exemption, or fifty-year exemption does not waive or exempt the licensee from renewal fees.

(E) Physical disability, illness or undue hardship (waivers).

The board may, in individual cases involving physical disability or illness as certified by a physician, or good cause shown, grant waivers of the minimum education requirements. No waiver shall be granted unless written application therefore shall be made on forms established by the board and signed by the licensee; and in the case of physical disability or illness signed by a physician licensed by the medical board. Waivers of the minimum educational requirements may be granted by the board for any period not to exceed one compliance period. In the event that the physical disability or illness or good cause shown for which the waiver has been granted continues beyond the period of waiver, the licensee must reapply for a new waiver for the applicable compliance period.

Notwithstanding anything to the contrary contained in this rule, the board shall not grant a waiver of the minimum continuing education requirements to any licensee designated as the manager of a funeral home pursuant to paragraph (B)(2)(a) of rule 4717-1-16 of the Administrative Code.

Replaces: 4717-1-23

Effective: 04/10/2011
R.C. 119.032 review dates: 04/10/2016
Promulgated Under: 119.03
Statutory Authority: 4717.04
Rule Amplifies: 4717.09
Prior Effective Dates: 8/1/81, 1/1/84, 7/1/87, 1/1/01, 11/10/05, 01-09-07