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 earn 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 or spouse 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) 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, funeral directing, and cremation.

(2) A provider , 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 provider , organization or person shall submit to the board an application established by the board. Except for online and webinar continuing education programs, the application shall be submitted to the board no later than ten business days 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 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.The board shall approve or deny such a completed application that is timely submitted 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 provider shall notify the board at least fifteen days in advance of offering the approved course or program of all changes including locations, dates, times, or changes of course instructors if the course was previously approved by the board, except when an emergency has occurred closer to the date of the approved course or program, making it necessary to change the location of the course or program. The notice shall be submitted in a manner specified by the board to the board office on a form prescribed by the board.

(3) Providers approved to offer continuing education must comply with all local, state, and federal law prohibiting discrimination based on race, color, national origin, sex, sexual orientation, religion, gender, disability, and age.

(F) Except as otherwise provided in this rule, the board may approve thirty minutes of continuing education credit for every thirty minutes of attendance by a licensee at an approved program of activity. A licensee may earn thirty minutes of continuing education credit on an approved program specifically designating thirty-minute increments. Thirty minutes of continuing education credit shall not be awarded on a program approved for full hour increments. Fifty minutes constitutes one hour of continuing education.

(G) A minimum of six hours of continuining education shall be fullfilled through programs that are conducted in person, face to face, and open to all licensees .

Five of the required eighteen hours shall be fulfilled through programs addressing the following topics:

(1) Ethics (one hour);

(2) Preneed (two hours); and

(3) Laws and rules regulating the practice of funeral directing, embalming, and cremation (two hours),

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

(I) 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.

(J) 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 whether the activity is approved and the number of hours . A licensee not complying with the requirements of this paragraph may be denied credit for such activity.

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

(1) Provider'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;

(7) Signature of provider or representative for provider ;

(8) Approved course number;

(9) Required topic category; and

(10) Identify if course or program is a webinar, online, private, or open to all licensees.

(L) A license shall not be renewed unless the licensee certifies on the renewal application that the individual completed or will complete before the end of the two-year period the required number of continuing education hours specified in paragraph (A) of this rule.

Effective: 1/10/2019
Five Year Review (FYR) Dates: 10/17/2018 and 01/10/2024
Promulgated Under: 119.03
Statutory Authority: 4717.04(A)(6)
Rule Amplifies: 4717.09
Prior Effective Dates: 08/01/1981, 01/01/1984, 07/01/1987, 01/01/2001, 11/10/2005, 01/09/2007, 04/10/2011

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 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 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 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 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. The application for a waiver shall be submitted upon the form established by the board no later than four months prior to the end of any compliance period.

(1) 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 actually in charge of or ultimately responsible for a funeral home or embalming facility in the state of Ohio.

(2) The board may, in individual cases involving an emergency situation, grant exception to the submission deadline of four months prior to the end of a compliance period.

(F) A newly licensed funeral director or embalmer shall be exempt from the continuing education requirements during their first biennial compliance period.

Effective: 1/10/2019
Five Year Review (FYR) Dates: 6/19/2022
Promulgated Under: 119.03
Statutory Authority: 4717.04(A)(6)
Rule Amplifies: 4717.09
Prior Effective Dates: 08/01/1981, 01/01/1984, 07/01/1987, 01/01/2001, 11/10/2005, 01/09/2007, 04/10/2011, 06/19/2017

4717-9-03 Continuing education audit requirements.

(A) As used in this rule:

"Continuing education audit" means the process by which a percentage of all licensees or approved course sponsors are randomly selected by the state licensing system.

(B) The board may conduct an audit of the continuing education records of licensees during a renewal period. Selected licensees will be notified and required to submit copies of the applicable amount of continuing education course completion certificates and documentation indicating the course completion date on or before the end of the current renewal period. The selected licensees must submit the records of continuing education to the board within thirty days after being notified of the audit.

Failure to respond to or comply with an audit request will be deemed as if the licensee has failed the audit and not completed the required continuing education hours for the compliance period. Such a finding constitutes unprofessional conduct under Chapter 4717-8 of the Administrative Code.

(C) The board may conduct by random selection an audit of approved continuing education courses to determine compliance with continuing education requirements set forth in the rules of this chapter. In order to facilitate the audit, the provider shall comply with the following:

(1) Allow any and all official representatives and employees of the board entrance into any board approved continuing education course, at no cost to the board.

(2) Provide free entry and passwords into an online or webinar course site for all official representatives of employees of the board.

(3) Make available upon request the records and documents relating to the continuing education courses subject to the audit.

(D) It is the responsibility of each licensee to obtain continuing education and retain all certificates of completion for four years or until the licensee submits such as proof during a random audit. Licensees shall not destroy or otherwise make unavailable certificates of completion after the board has requested such information during an audit.

(E) The provider must maintain 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.

(F) Failure to respond to or comply with an audit request automatically rescinds the prior approval from the board and terminates the ability of the provider to offer the course subject to the audit and may rescind approval of any additional courses.

(G) A licensee cannot use a waiver instead of providing the board proof of completed continuing education after being notified of an audit.

(H) Nothing in this rule shall limit the board's authority to investigate and take action under section 4717.14 of the Revised Code.

Effective: 1/10/2019
Five Year Review (FYR) Dates: 01/10/2024
Promulgated Under: 119.03
Statutory Authority: 4717.04(A)(6)
Rule Amplifies: 4717.09

4717-9-04 Online continuing education.

(A) As used in this rule:

"Online continuing education" means education for professional licensees in which instruction occurs when the instructors and participants are not located in the same place. Online continuing education adds technology to instruction through the use of an electronic, cyber, or digital medium.

(B) The course shall be designed and conducted in accordance with paragraph (E) of rule 4717-9-01 of the Administrative Code.

(C) A course provider seeking approval to offer an online course shall submit to the board for review the following no later than thirty days prior to offering the course online:

(1) The course materials and course instructions;

(2) The course agenda;

(3) The question sets with answers.

(D) The board may grant a continuing education online course approval for credit when the course provider can demonstrate to the board the following;

(1) Clear wording stating that a licensee shall not receive continuing education credit unless licensee successfully completes the entire course with a total test score of seventy-five per cent or better;

(2) The course providers shall have adequate security in place to assure that the individual who receives credit for the course is the individual who completed the program or require a signed affidavit/statement from the course participant;

(3) The course providers shall include incorporated tests or post tests consisting of at least four questions per thirty minutes of continuing education;

(4) Maintain a question bank with at least eight questions for each thirty minutes of continuing education. The questions shall be scrambled or randomly selected so that the test questions are not predictable.

(E) Course providers and its employees or representatives and any person with access to the questions and answers shall maintain the integrity of the questions and answers for every course and shall not publish or otherwise publicly or privately distribute or make available course questions and answers to individuals who may take or consider taking the course. Employees or representatives of the board may privately distribute or make available course questions and answers to board members upon the request of the board or committee for the purpose of an audit of the course.

(F) Online course participants shall not reproduce, publish, or otherwise publicly or privately distribute or make available electronically or by other means course questions and answers to any individual. Participants must electronically acknowledge non-disclosure commitment.

(G) Failure to provide any of these items or demonstrate capability may result in denial of a request.

Effective: 1/10/2019
Five Year Review (FYR) Dates: 01/10/2024
Promulgated Under: 119.03
Statutory Authority: 4717.04(A)(6)
Rule Amplifies: 4717.09

4717-9-05 Webinar continuing education.

(A) As used in this rule:

"Webinar continuing education" means education for professional licensure in which instruction occurs simultaneously between the instructors and participants who are not located in the same place using a format in which participants are able to interact with the instructor through a question and answer format in real time. Webinar continuing education adds technology to instruction through the use of an electronic, cyber, or a digital medium.

(B) The course shall be designed and conducted in accordance with paragraph (E) of rule 4717-9-01 of the Administrative Code.

(C) A course provider seeking approval to offer a webinar course shall submit to the board for review the following no later than thirty days prior to offering the course:

(1) The course materials, course instructions, course presenter and presenter's bio;

(2) The course agenda;

(3) The question sets with answers.

(D) The board may grant a continuing education webinar course approval for credit when the course provider can demonstrate to the board the following:

(1) Clear wording stating that a licensee shall not receive continuing education credit unless licensee successfully completes the entire course with a total test score of seventy five per cent or better;

(2) The course providers shall have adequate security in place to assure that the individual who receives credit for the course is the individual who completed the program or require a signed affidavit/statement from the course participant;

(3) A means of timing the course to subtract the time when the individual has logged off the program and to ensure the hours credited equal to hours taken;

(4) Randomized periodic check points with an automatic timeout to ensure the individual remains engaged in the course and in front of the monitor;

(5) The course providers shall include incorporated tests or post tests consisting of at least four questions per thirty minutes of continuing education;

(6) Maintain a question bank with at least eight questions for each thirty minutes of continuing education. The questions shall be scrambled or randomly selected so that the test questions are not predictable.

(E) Course providers and its employees or representatives shall maintain the integrity of the questions and answers for every course and shall not publish or otherwise publicly or privately distribute or make available course questions and answers to individuals who may take or consider taking the course. Employees or representatives of the board may privately distribute or make available course questions and answers to board members upon the request of the board or committee for the purpose of an audit of the course.

(F) Webinar course participants shall not reproduce, publish, or otherwise publicly or privately distribute or make available electronically or by other means course questions and answers to any individual. Participants must electronically acknowledge non-disclosure commitment.

(G) Failure to provide any of these items or demonstrate capability may result in denial of a request.

Effective: 1/10/2019
Five Year Review (FYR) Dates: 01/10/2024
Promulgated Under: 119.03
Statutory Authority: 4717.04(A)(6)
Rule Amplifies: 4717.09