Ohio Adm.Code 4717 | Ohio Administrative Code 4717 — Board of Embalmers and Funeral Directors

Chapter 4717-1 General Provisions

Ohio Adm.Code 4717-1-01 Definitions.

For purposes of agency 4717 of the Administrative Code, the following definitions shall apply in addition to all definitions in section 4717.01 of the Revised Code:

(A) "Actually in charge," as used with regard to a funeral home license, means a licensed funeral director who has decision-making authority over the funeral home, including, but not limited to, hiring employees, disciplining employees, and making managerial decisions regarding daily operations.

"Actually in charge," as used with regard to an embalming facility, means a licensed embalmer who has decision-making authority over the embalming facility, including, but not limited to, hiring employees, disciplining employees, and making managerial decisions regarding daily operations.

"Actually in charge," as used with regard to a crematory facility, means a licensed crematory operator who has decision-making authority over the crematory facility, including, but not limited to, hiring employees, disciplining employees, and making managerial decisions regarding daily operations.

(B) "Apprenticeship credit time" means the actual hours of credit of apprenticeship properly certified to the board by the master embalmer and/or master funeral director and approved by the board as having been satisfactorily served.

(D) "Business or profession of directing or supervising funerals for profit", means the preparation of the body for final disposition; obtaining necessary permits; filing death certificates and other necessary forms; recording of vital statistics; preparation of necessary notices; making of funeral arrangements; the selling or soliciting of funeral service; coordinating and directing the ceremony or funeral service; or directing the final ceremony or service at the cemetery, crematory, mausoleum, or any other place for the final disposition of a dead human body. Provided, however, that such directing does not conflict with the administrative or operational authority of the cemetery operator at the cemetery, crematory, mausoleum, or other place for the final disposition of a dead human body, and that the cemetery operator who arranges for the final disposition at the cemetery, crematory or mausoleum has not engaged in the business or profession of directing or supervising funerals for profit.

(E) "Embalmer's apprentice" means an individual who has successfully registered with the board, and has been certified as an apprentice to the board by a master embalmer.

(F) "Fixed place" means a physical structure, having a United States post office street, avenue, or road address.

(G) "Full service funeral" includes a viewing or visitation and formal funeral service, transportation of the body to the funeral site and cemetery, and/or burial, entombment or cremation of the remains.

(H) "Full time" with regard to apprenticeship credit time means a minimum of hours necessary to complete the requirements set forth in the "Funeral Directors or Embalmers Apprenticeship Task List."

"Full time" with regard to the licensure of funeral directors and embalmers and to the operation of a funeral home, embalming facility, or crematory facility means an average of forty hours a week.

(I) "Funeral arranging" or "the process of making funeral arrangements means" the process whereby the funeral director who in good faith meets with the person or persons who arrange for the services or final disposition of a dead human body to determine method of final disposition, the services and total cost, and to provide the person making arrangements with a written statement of price disclosures at the conclusion of arrangements; provided, however, that a cemetery operator who meets with the person or persons to arrange the final disposition or method of final disposition is not "funeral arranging" or performing the "process of making funeral arrangements."

(J) "Funeral director apprentice" means an individual who has successfully registered with the board and has been certified as an apprentice to the board by a master funeral director.

(K) "Holding room" means the area in a funeral home, crematory facility, or embalming facility exclusively used for the preparation (other than embalming) and holding of dead human bodies for burial or final disposition.

(L) "Licensee" means an individual or entity licensed by the board.

(M) "Master or master embalmer" means an embalmer with at least five years of experience in the state of Ohio, who has, successfully completed a training and/or mentoring program for masters, approved by the board, of at least six hours which is still valid, and who is employed or self-employed full time at any one funeral home or embalming facility, whose principal occupation is that of embalming and who certifies to the board as the supervisor of training of an embalmer's apprentice.

(N) "Master or master funeral director" means a funeral director with at least five years of experience in the state of Ohio who has, successfully completed a training and/or mentoring program for masters, approved by the board, of at least six hours which is still valid, and who is employed or self-employed full time at one funeral home, whose principal occupation is that of funeral directing and who certifies to the board as the supervisor of training of a funeral director's apprentice.

(O) "Preparation room" or "embalming room" means the area in a funeral home or embalming facility exclusively used for the care and preparation of dead human bodies for burial or final disposition.

(P) "President" means the president of the board of embalmers and funeral directors

(Q) "Record" means any document, either written or in electronic form, relating to the operation of a business of directing or supervising funerals for profit; or the operation of an embalming facility or a crematory facility.

(R) "Secretary-treasurer" means the secretary-treasurer of the board.

(S) "Trade embalmer" means an embalmer who does embalming for a licensed funeral home by contract or other agreement.

(T) "Ultimately responsible" a funeral director shall be deemed ultimately responsible for the funeral home, if the funeral home license is held in the funeral director's name and the funeral director has signed the funeral home license application.

(U) "Abandoned application" means an application for a license or permit as an apprenticeship, embalmer, funeral director, funeral home, crematory, or crematory operator where the applicant fails to complete all application requirements within sixty days after being notified by the board. An applicant forfeits all fees associated with an abandoned application. The board shall not be required to act on any abandoned application and the application may be destroyed by board staff. If the application is abandoned, the applicant shall be required to reapply for licensure, submit the required fee and comply with the licensing requirements in effect at the time of reapplication.

Last updated May 20, 2022 at 3:36 PM

History

Effective: October 15, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4717-1-02 Public meetings.

(A) Meetings of the board of embalmers and funeral directors, in addition to the meetings requested by division (A) of section 4717.03 of the Revised Code, may be held at the call of the president or vice-president or upon a majority vote of a quorum of the members present at a meeting.

(B) Any person desiring to determine the time, place or purpose of any meeting of the board, may do so by accessing the board's website at www.funeral.ohio.gov or contacting the president or vice-president of the board or personnel employed by the board.

(C) Any person may provide an email address and be placed on an email list for advance notification of all meetings of the board or meetings at which any specific type of public business is to be discussed. The requester may request notification be provided by fax, email, or first-class mail. Any person requesting notification by first-class mail shall provide a postage-prepaid self-addressed envelope and pay the cost of copying.

(D) Public notice specifying the date, time and place of all meetings of the board shall be posted on the board's web site at www.funeral.ohio.gov and at its office.

Last updated October 2, 2023 at 12:11 PM

History

Effective: June 19, 2017
Promulgated Under: 119.03

Ohio Adm.Code 4717-1-03 Notice of administrative rules hearing.

(A) Public notice of the intention of the board of embalmers and funeral directors to consider adopting, amending or rescinding a rule in accordance with divisions (A) to (E) of section 119.03 of the Revised Code shall be published in the register of Ohio (www.registerofohio.state.oh.us) pursuant to division (A) of section 119.03 of the Revised Code.

(B) The public notice shall specify the date, time and place of the hearing and shall include:

(1) A statement of the intention to consider adopting, amending or rescinding a rule and the purpose or reason therefore;

(2) A synopsis of the proposed rule, amendment or rescission or a general statement as to the subject to which it relates.

(C) A copy of the public notice shall be provided by the board to any person who requests a copy, provides an email address, mailing address or fax number, and, if appropriate, pays the cost of copying and mailing.

Last updated October 2, 2023 at 12:11 PM

History

Effective: June 19, 2017
Promulgated Under: 119.03

Ohio Adm.Code 4717-1-04 Legal representation.

The right to practice before the board shall be limited to attorneys at law authorized to practice in the state of Ohio. Any member in good standing of the bar of any court of the United States or of the highest court of any state may, upon written or oral motion, be permitted to appear pro hac vice and participate in a particular matter, at the discretion of the board. Any attorney seeking the right to appear pro hac vice must show proof of good standing.

Last updated October 2, 2023 at 12:11 PM

History

Effective: April 10, 2011
Promulgated Under: 119.03

Chapter 4717-2 Powers and Duties

Ohio Adm.Code 4717-2-01 Meetings of the board.

The annual meeting of the board shall be the July meeting or within thirty days after the senate's confirmation of new members in that year, at which time the board shall organize and select a president, vice-president, and secretary/treasurer.

Special meetings of the board may be called by the president with twenty-four hours prior notice being given to its members. At special meetings the board may transact such business as it deems necessary.

Upon petition of four or more members of the board, the president shall call a special meeting of the board within ten days of the receipt of the petition.

Last updated October 2, 2023 at 12:12 PM

History

Effective: June 19, 2017
Promulgated Under: 119.03

Ohio Adm.Code 4717-2-02 Committees of the board.

The board shall establish such committees as it deems necessary for the transaction of the business of the board. Any recommendation of any committee shall become effective only after it is approved by a majority of the board.

The president of the board, during its annual meeting, shall appoint three members of the board to serve on the crematory review board for a term to be determined by the president.

Last updated October 2, 2023 at 12:12 PM

History

Effective: April 10, 2011
Promulgated Under: 119.03

Ohio Adm.Code 4717-2-03 Duties of the officers.

(A) The president of the board shall preside at all meetings of the board in which the president is in attendance, and perform all duties incidental to the position of president.

(B) In the absence of the president, the vice-president shall preside over any meetings, and perform all duties of the president.

(C) The president of the board shall supervise the executive director who shall keep the minutes of all meetings of the board and shall be responsible for all records, books, applications and other papers belonging to the board. The executive director shall attend to all correspondence and perform, or cause to be performed, all clerical duties.

The secretary-treasurer shall furnish, upon request, all forms incidental to obtaining any embalmer's or funeral director's license, and shall issue, or cause to be issued, renewal of licenses unless otherwise ordered by the board.

The secretary-treasurer shall collect all revenue as provided by law and shall deposit, or cause to be deposited, all revenue with the treasurer of the state.

(D) The president and secretary-treasurer shall sign all licenses issued under this chapter and affix the board's seal to each license.

Last updated May 20, 2022 at 3:36 PM

History

Effective: June 19, 2017
Promulgated Under: 119.03

Ohio Adm.Code 4717-2-04 Crematory Review Board.

The crematory review board shall conduct an organizational meeting at least annually at which time the crematory review board shall appoint a chairperson and one additional person who is experienced in the operation of a crematory facility and who is not affiliated with a cemetery or a funeral home to serve on the crematory review board for such time as the crematory review board finds appropriate.

The crematory review board shall conduct an adjudicatory hearing as needed, in accordance with Chapter 119. of the Revised Code upon receiving written notice from the board pursuant to division (E) of section 4717.03 of the Revised Code.

Last updated October 2, 2023 at 12:12 PM

History

Effective: April 10, 2011
Promulgated Under: 119.03

Ohio Adm.Code 4717-2-05 Personal information system.

(A) For the purpose of this rule and in accordance with Chapter 1347. of the Revised Code:

(1) "Personal information" means any information that describes anything about a person, or that indicates actions done by or to a person, or that indicates that a person possesses certain personal characteristics, and that contains, and can be retrieved from a system by, a name, identifying number, symbol, or other identifier assigned to a person. Personal information shall not include, in accordance with division (A)(1)(e) of section 1347.04 of the Revised Code, personal information systems that are comprised of investigatory material compiled for law enforcement purposes by the board.

(2) "System" means any collection or group of related records that are kept in an organized manner and that are maintained by a state or local agency, and from which personal information is retrieved by the name of the person or by some identifying number, symbol, or other identifier assigned to the person. "System" includes both records that are manually stored and records that are stored using electronic data processing equipment. "System" does not include published directories, reference materials or newsletters, or routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person.

(3) "Maintains" means board ownership of, control over, responsibility for, or accountability for systems and includes, but is not limited to, the board depositing of information with a data processing center for storage, processing, or dissemination. The board "maintains" all systems of records that are required by law to be kept by the agency.

(B) The personal information system of the board shall be maintained in accordance with Chapter 1347. of the Revised Code.

(C) The board shall collect, maintain, and use only personal information that is necessary and relevant to the functions that the board is required or authorized to perform by statute or rule. Personal information shall be eliminated from the system when it is no longer necessary and relevant to those functions in accordance with the board record retention policy established pursuant to section 149.34 of the Revised Code.

(D) The board shall identify a privacy officer to be directly responsible for the personal information system of the board. The privacy officer shall develop procedures for purposes of monitoring the accuracy, relevance, timeliness, and completeness of the personal information in the system, and, in accordance with the procedures, maintain the personal information in the system with the accuracy, relevance, timeliness, and completeness that is necessary to assure fairness in any determination made with respect to a person on the basis of the information.

(E) The board shall take reasonable precautions to protect personal information in the system from unauthorized modification, destruction, use, or disclosure.

(F) The board shall specify disciplinary measures to be applied to any employee who initiates or otherwise contributes to any disciplinary or other punitive action against any individual who brings to the attention of appropriate authorities, the press, or any member of the public, evidence of unauthorized use of information contained in the system.

(G) The board shall provide for the right of persons who are the subject of personal information to be informed about the personal information of which the person is the subject and to permit the person or the person's legal representative to inspect the personal information of which the person is the subject, in accordance with section 1347.08 of the Revised Code, including:

If any person disputes the accuracy, relevance, timeliness, or completeness of personal information that pertains to the person and that is maintained by the board in a personal information system, that person may request the board to investigate the current status of the information. The board shall comply with section 1347.09 of the Revised Code when the board receives such a request.

(H) The board shall not place personal information into an interconnected and combined system, unless the system contributes to the efficiency of the board or agencies using the system or organizations authorized to use the system in implementing programs which are required or authorized by law.

(I) The board shall not use personal information placed into an interconnected and combined system by another state or local agency or organization, unless the personal information is necessary and relevant to the performance of a lawful function of the board.

Last updated October 2, 2023 at 12:12 PM

History

Effective: April 10, 2011
Promulgated Under: 119.03

Chapter 4717-3 Fees and Charges

Ohio Adm.Code 4717-3-01 Fees and charges.

(A) The board of embalmers and funeral directors shall charge and collect the following fees:

(1) For the initial issuance or biennial renewal of an embalmer's or funeral director's license, one hundred fifty dollars;

(2) For the issuance of an embalmer or funeral director registration, twenty-five dollars

(3) For filing an embalmer or funeral director certificate of apprenticeship, ten dollars, which fee shall accompany the appropriate application;

(4) For the application to take the examination, administered by the board, for a license to practice as an embalmer or funeral director, or to retake a section of the examination, administered by the board, thirty-five dollars;

(5) For the initial issuance of a license to operate a funeral home, three hundred fifty dollars and biennial renewal of a license to operate a funeral home, three hundred fifty dollars;

(6) For the reinstatement of a lapsed embalmer's or funeral director's license, the renewal fee prescribed in paragraph (A)(1) of this rule plus fifty dollars for each month or portion of a month the license is lapsed, but not more than one thousand dollars;

(7) For the reinstatement of a lapsed license to operate a funeral home, the renewal fee prescribed in paragraph (A)(5) of this rule plus fifty dollars for each month or portion of a month the license is lapsed until reinstatement;

(8) For the initial issuance of a license to operate an embalming facility, three hundred fifty dollars and biennial renewal of a license to operate an embalming facility, three hundred fifty dollars;

(9) For the reinstatement of a lapsed license to operate an embalming facility, the renewal fee prescribed in paragraph (A)(8) of this rule plus fifty dollars for each month or portion of a month the license is lapsed until reinstatement;

(10) For the initial issuance of a license to operate a crematory facility, three hundred fifty dollars and biennial renewal of a license to operate a crematory facility, three hundred fifty dollars;

(11) For the reinstatement of a lapsed license to operate a crematory facility, the renewal fee prescribed in paragraph (A)(10) of this rule plus fifty dollars for each month or portion of a month the license is lapsed until reinstatement;

(12) For the issuance of a duplicate of a license issued under this chapter, ten dollars.

(B) In addition to the fees set forth in paragraph (A) of this rule, an applicant shall pay the examination fee assessed by any examining agency the board uses for any section of an examination required under this chapter.

Last updated May 20, 2022 at 3:36 PM

History

Effective: June 19, 2017
Promulgated Under: 119.03

Chapter 4717-4 Licenses

Ohio Adm.Code 4717-4-01 Requirements for embalmer's license.

(A) Registration

(1) The applicant for an embalmer's registration shall apply to the board on a form provided by the board for registration, together with the applicable fee prior to the commencement of an apprenticeship.

(2) The applicant shall provide an official college transcript, showing that the applicant has earned a bachelor's degree from a college or university authorized to confer degrees by the Ohio board of regents or comparable agency of another state in which the college or university is located, and an official college of mortuary science transcript, showing that the applicant has completed at least twelve months of instruction in a prescribed course of instruction approved by the board.

(3) The applicant for registration shall provide and bear the cost of a criminal records check in accordance with section 4776.01 of the Revised Code at the time of the requested registration. The applicant shall establish that the individual has not been convicted of, pleaded guilty to, or had a judicial finding of eligibility for treatment in lieu of conviction for any offense set forth in section 4717.05 of the Revised Code, or that at least five years has elapsed since the applicant was released from incarceration, a community control sanction, a post-release control sanction, parole, or treatment in connection with such offense.

(a) An applicant requesting a criminal records check shall provide the bureau of criminal identification and investigation with the applicant's name and address and with the name and address of the board.

(b) The applicant shall ask the superintendent of the Ohio bureau of criminal identification and investigation in the request to obtain from the federal bureau of investigation any information it has pertaining to the applicant.

(c) The board will only accept the results of a criminal records check that is submitted to the board directly by the Ohio bureau of criminal identification and investigation.

(4) Upon approval of the application for registration, the board shall issue an embalmer's certificate of registration.

(B) Apprenticeship

(1) Upon issuance of a certificate of registration, the applicant shall submit a certificate of apprenticeship, along with the applicable fee, certifying the commencement of the embalmer's apprenticeship credit time. The embalmer's certificate of apprenticeship shall bear the signature and certification of both the apprentice and the master embalmer and shall be filed with the board no later than ten days after the beginning of any embalmer's apprenticeship credit time.

(2) Upon approval of a certificate of apprenticeship, the board shall issue an apprenticeship card, carrying the beginning date of the embalmer's apprenticeship credit time. This card shall be carried by the embalmer apprentice at all times while engaged as an embalmer apprentice.

(3) The applicant shall satisfactorily complete not less than twelve months of apprenticeship under the direction of an embalmer and which apprenticeship must be certified to the board according to its requirements. The apprenticeship shall be completed in no more than eighteen months from the date the apprenticeship commenced, unless the master embalmer and apprentice comply with paragraph (C)(2) of this rule. During the embalmer apprenticeship, the applicant must personally assist in the arterial embalming of at least twenty-five dead human bodies under the direct supervision of the master embalmer, and must complete the tasks listed on the "Embalmer Task List." If the board finds that the apprentice did not adequately complete one or more tasks on the "Embalmer Task List" or did not receive the necessary training during his or her apprenticeship, the board may set our redial steps for the apprentice to undertake in order to complete his or her apprenticeship.

(4) During the time of embalmer's apprenticeship, the apprentice shall file with the board progress case reports quarterly upon forms supplied by the board. Failure to comply shall be grounds for voidance or suspension of apprenticeship credit time by the board.

(5) The apprentice shall report to any licensed board member within thirty days after the first six months of apprenticeship credit time for a personal interview, and shall report to any licensed board member annually thereafter during any period of apprenticeship.

(6) During the period of embalmer's apprenticeship, the master embalmer under whom the apprentice embalmer is certified shall file with the board quarterly master embalmer's reports on the apprentice's activities, including fulfillment of the tasks listed on the "Embalmer Task List."

(1) Upon completion of the full apprenticeship credit time, the applicant shall submit the following:

(a) The embalmer's termination of apprenticeship form bearing the signature and certification of both the apprentice and master embalmer to the dates of apprenticeship credit time. This termination of apprenticeship shall be filed with the board no later than thirty days after the completion of any period of apprenticeship;

(b) The certificate of registration;

(2) In the event the apprenticeship is interrupted prior to the completion of the apprenticeship, the master embalmer and apprentice embalmer shall immediately notify the board of the interruption, and submit the embalmer's termination of apprenticeship form, and the embalmer's apprenticeship card.

(3) Failure to submit the embalmer's termination of apprenticeship form upon interruption of an apprenticeship prior to the completion of such apprenticeship shall be grounds for voidance by the board of the apprentice credit time.

(D) Examinations

(1) Upon approval of the termination of apprenticeship and completion of the full apprenticeship credit time, the applicant for an embalmer's license shall provide proof of earning a seventy-five per cent or higher on each section of a nationally-recognized comprehensive examination and sit for the Ohio laws and rules examination.

(2) Upon earning a passing score of seventy-five per cent or higher on each section of a nationally-recognized comprehensive examination and the Ohio laws and rules examination, the applicant shall submit to the board an application for embalmer's license, along with the applicable fee.

(E) Initial license

At the board meeting following receipt of the completed application for embalmer's license and the applicable fee, the board may grant an embalmer's license.

Last updated May 20, 2022 at 3:36 PM

History

Effective: June 19, 2017
Promulgated Under: 119.03

Ohio Adm.Code 4717-4-02 Requirements for reciprocal embalmer's license.

(A) The applicant may personally appear before the board for an interview and based upon the results of this interview may be permitted to take such an examination as the board requires for a reciprocal license. Prior to the interview the applicant shall furnish the board:

(1) A completed application for a reciprocal embalmer's license;

(2) Two character references;

(3) Evidence of compliance with requirements for licensure which are substantially equal to those found in Chapter 4717. of the Revised Code, including, but not limited to:

(a) Unless the applicant has been licensed for at least ten years in another state to perform embalming, an official college transcript, showing that the applicant has earned a bachelor's degree from a college or university authorized to confer degrees by the Ohio board of regents or comparable agency of another state in which the college or university is located;

(b) Transcript from an approved college of mortuary science showing that the applicant completed a twelve-month period of instruction;

(d) Verification of current licensure in another state.

(B) In addition to the requirements set forth in paragraph (A) of this rule, an applicant for registration shall provide and bear the cost of a criminal records check in accordance with section 4776.01 of the Revised Code at the time of the requested registration. The applicant shall establish that the individual has not been convicted of, pleaded guilty to, or had a judicial finding of eligibility for treatment in lieu of conviction for any violation set forth in section 4717.05 of the Revised Code, or that at least five years has elapsed since the applicant was released from incarceration, a community control sanction, a post-release control sanction, parole, or treatment in connection with such offense.

(1) An applicant requesting a criminal records check shall provide the bureau of criminal identification and investigation with the applicant's name and address and with the name and address of the board.

(2) The applicant shall ask the superintendent of the Ohio bureau of criminal identification and investigation in the request to obtain from the federal bureau of investigation any information it has pertaining to the applicant.

(3) The board will only accept the results of a criminal records check that is submitted to the board directly by the Ohio bureau of criminal identification and investigation.

(C) The applicant for a reciprocal embalmer's license shall provide proof of earning a seventy-five per cent or higher on each section of a nationally-recognized comprehensive examination and sit for the Ohio laws and rules examination.

(D) Upon earning a passing score of seventy-five per cent or higher on each section of a nationally-recognized comprehensive examination and the Ohio laws and rules examination, the applicant shall submit to the board an application for embalmer's license, along with the applicable fee.

Last updated May 20, 2022 at 3:36 PM

History

Effective: June 19, 2017
Promulgated Under: 119.03

Ohio Adm.Code 4717-4-03 Requirements for funeral director's license in combination with an embalmer's license.

(A) Registration

(1) The applicant for a funeral director/ embalmer registration shall apply to the board on a form provided by the board for registration, together with the applicable fee prior to the commencement of an apprenticeship.

(c) The board will only accept the results of a criminal records check that is submitted to the board directly by the Ohio bureau of criminal identification and investigation.

(4) Upon approval of the application for registration, the board shall issue a certificate of funeral director/ embalmer registration.

(B) Apprenticeship

(1) Upon issuance of a certificate of registration, the applicant shall submit a certificate of apprenticeship, along with the applicable fee, certifying the commencement of the funeral director/ embalmer apprenticeship credit time. The funeral director/ embalmer certificate of apprenticeship shall bear the signature and certification of both the apprentice and the master funeral directors and shall be filed with the board no later than ten days after the beginning of any funeral director/ embalmer apprenticeship credit time.

(2) Upon approval of a certificate of apprenticeship, the board shall issue an apprenticeship card, carrying the beginning date of the funeral director/ embalmer apprenticeship credit time. This card shall be carried by the funeral director/ embalmer apprentice at all times while engaged as a funeral director/ embalmer apprentice.

(3) The applicant shall satisfactorily complete not less than twelve months of apprenticeship under the direction of a master funeral director and which apprenticeship must be certified to the board according to its requirements. The apprenticeship shall be completed in no more than eighteen months from the date the apprenticeship commenced unless the master funeral director and apprentice comply with paragraph (C)(2) of this rule. During the funeral director/ embalmer apprenticeship the applicant must personally assist in at least twenty-five funerals under the direct supervision of the master funeral director, and must complete the tasks listed on the "Funeral Director Task List." If the board finds that an apprentice did not adequately complete one or more tasks on the "Funeral Director Task List" or the "Embalmer Task List" or did not receive the necessary training during his or her apprenticeship, the board may set out remedial steps for the apprentice to undertake in order to complete his or her apprenticeship.

(4) During the time of funeral director/ embalmer apprenticeship, the apprentice shall file with the board progress case reports quarterly upon forms supplied by the board. Failure to comply shall be grounds for voidance or suspension of apprenticeship credit time by the board.

(5) The apprentice shall report to any licensed board member within thirty days after the first six months of apprenticeship credit time for a personal interview.

(6) During the period of funeral director/ embalmer apprenticeship, the master funeral director under whom the apprentice funeral director/ embalmer is certified shall file with the board quarterly master funeral director reports on the apprentice's activities, including fulfillment of the tasks listed on the "Funeral Director Task List."

(1) Upon completion of the full apprenticeship credit time, the applicant shall submit the following:

(a) The funeral director/ embalmer termination of apprenticeship form bearing the signature and certification of both the apprentice and master funeral director to the dates of apprenticeship credit time. This termination of apprenticeship shall be filed with the board no later than thirty days after the completion of any period of apprenticeship;

(b) The certificate of registration;

(2) In the event the apprenticeship is interrupted prior to the completion of the apprenticeship, the master funeral director and apprentice funeral director/ embalmer shall immediately notify the board of the interruption, and submit the funeral director/ embalmer termination of apprenticeship form, and the funeral director/ embalmer apprenticeship card.

(D) Examinations

(1) Upon approval of the termination of apprenticeship and successful completion of the full apprenticeship credit time, the applicant for an funeral director/ embalmer license shall provide proof of earning a seventy-five per cent or higher on each section of a nationally-recognized comprehensive examination and sit for the Ohio laws and rules examination.

(E) Initial license

At the board meeting following receipt of the completed application for funeral director/ embalmer license, and the applicable fee, the board may grant a funeral director/ embalmer license.

Last updated May 20, 2022 at 3:36 PM

History

Effective: June 19, 2017
Promulgated Under: 119.03

Ohio Adm.Code 4717-4-04 Requirements for funeral director's license without an embalmer's license.

(A) Registration

(1) The applicant for a funeral director's registration shall apply to the board on a form provided by the board for registration, together with the applicable fee prior to the commencement of an apprenticeship.

(c) The board will only accept the results of a criminal records check that is submitted to the board directly by the Ohio bureau of criminal identification and investigation.

(4) Upon approval of the application for registration, the board shall issue a certificate of funeral director's registration.

(B) Apprenticeship

(1) Upon issuance of a certificate of registration, the applicant shall submit a certificate of apprenticeship, along with the applicable fee, certifying the commencement of the funeral director's apprenticeship credit time. The funeral director's certificate of apprenticeship shall bear the signature and certification of both the apprentice and the master funeral director's and shall be filed with the board no later than ten days after the beginning of any funeral director's apprenticeship credit time.

(2) Upon approval of a certificate of apprenticeship, the board shall issue an apprenticeship card, carrying the beginning date of the funeral director's apprenticeship credit time. This card shall be carried by the funeral director's apprentice at all times while engaged as a funeral director apprentice.

(3) The applicant shall satisfactorily complete not less than twenty-four months of apprenticeship under the direction of a master funeral director and which apprenticeship must be certified to the board according to its requirements. The apprenticeship shall be completed in no more than forty-eight months from the date the apprenticeship commenced, unless the master funeral director and apprentice comply with paragraph (C)(2) of this rule. During the funeral director's apprenticeship the applicant must personally assist in at least fifty funerals under the direct supervision of the master funeral director, and must complete the tasks listed on the "Funeral Director Task List." If the board finds that an apprentice did not adequately complete one or more tasks on the "Funeral Director Task List" or did not receive the necessary training during his or her apprenticeship, the board may set out remedial steps for the apprentice to undertake to complete his or her apprenticeship.

(4) During the time of funeral director's apprenticeship, the apprentice shall file with the board progress case reports quarterly upon forms supplied by the board. Failure to comply shall be grounds for voidance or suspension of apprenticeship credit time by the board.

(6) During the period of funeral director's apprenticeship, the master funeral director under whom the apprentice funeral director is certified shall file with the board quarterly master funeral director reports on the apprentice's activities, including fulfillment of the tasks listed on the "Funeral Director Task List."

(1) Upon completion of the full apprenticeship credit time, the applicant shall submit the following:

(a) The funeral director's termination of apprenticeship form bearing the signature and certification of both the apprentice and master funeral director to the dates of apprenticeship credit time. This termination of apprenticeship shall be filed with the board no later than thirty days after the completion of any period of apprenticeship;

(b) The certificate of registration;

(2) In the event the apprenticeship is interrupted prior to the completion of the apprenticeship, the master funeral director and apprentice funeral director shall immediately notify the board of the interruption, and submit the funeral director's termination of apprenticeship form, and the funeral director's apprenticeship card.

(D) Examinations

(1) Upon approval of the termination of apprenticeship and successful completion of the full apprenticeship credit time, the applicant for a funeral director's license shall sit for a comprehensive examination and the Ohio laws and rules examination.

(2) Upon earning a passing score of seventy-five per cent or higher on all sections of a comprehensive examination and the Ohio laws and rules examination; the applicant shall submit to the board an application for funeral director's license, along with the applicable fee.

(E) Initial license

At the board meeting following receipt of the completed application for funeral director's license, and the applicable fee, the board may grant a funeral director's license.

Last updated May 20, 2022 at 3:36 PM

History

Effective: June 19, 2017
Promulgated Under: 119.03

Ohio Adm.Code 4717-4-05 Requirements for reciprocal funeral director's license.

(1) A completed application for a reciprocal funeral director's license;

(2) Two character references;

(3) Evidence of compliance with requirements for licensure which are substantially equal to those found in Chapter 4717. of the Revised Code, including, but not limited to:

(a) Unless the applicant has been licensed for at least ten years in another state to conduct the business or profession of directing or supervising funerals, an official college transcript, showing that the applicant has earned a bachelor's degree from a college or university authorized to confer degrees by the Ohio board of regents or comparable agency of another state in which the college or university is located;

(b) Evidence of completion of a funeral director's apprenticeship or equivalent work experience;

(B) In addition to the requirements set forth in paragraph (A) of this rule, an applicant for registration must submit and bear the cost of a criminal records check in accordance with section 4776.01 of the Revised Code at the time of the requested application. The applicant shall establish that the individual has not been convicted of, pleaded guilty to, or had a judicial finding of eligibility for treatment in lieu of conviction for any offense set forth in section 4717.05 of the Revised Code, or that at least five years has elapsed since the applicant was released from incarceration, a community control sanction, a post-release control sanction, parole, or treatment in connection with such offense.

(3) The board will only accept the results of a criminal records check that is submitted to the board directly by the Ohio bureau of criminal identification and investigation.

(C) The applicant for a reciprocal funeral director's license shall provide proof of earning a seventy-five per cent or higher on each section of a nationally-recognized comprehensive examination and sit for the Ohio laws and rules examination.

Last updated May 20, 2022 at 3:36 PM

History

Effective: June 19, 2017
Promulgated Under: 119.03

Chapter 4717-5 Masters and Apprentices

Ohio Adm.Code 4717-5-01 Apprenticeshiprequirements.

(A) Embalmer apprenticeship certification application

(1) The applicant for an embalmer apprenticeship shall apply to the board on a form provided by the board for certification, together with the applicable fee prior to starting an apprenticeship.

(2) The applicant shall provide an official college transcript, showing that the applicant has earned a bachelor's degree from a college or university authorized to confer degrees by the Ohio board of regents or comparable agency of another state in which the college or university is located, and an official college of mortuary science transcript, showing that the applicant has completed at least twelve months of instruction at an accredited mortuary program in a prescribed course of instruction approved by the board.

(3) The applicant for certification shall provide and bear the cost of a criminal records check in accordance with section 4776.01 of the Revised Code at the time of the application. The applicant shall establish that the individual has not been convicted of, pleaded guilty to, or had a judicial finding of eligibility for treatment in lieu of conviction for any offense set forth in section 4717.05 or division (A)(2) of section 4717.14 of the Revised Code, or that at least five years has elapsed since the applicant was released from incarceration, a community control sanction, a post-release control sanction, parole, or treatment in connection with such offense.

(c) The board will only accept the results of a criminal records check that is submitted to the board directly by the Ohio bureau of criminal identification and investigation.

(4) Upon approval of the application for certification, the board shall issue an embalmer apprentice a card and wall display certifying the apprenticeship. The wall display shall bear the start date and termination date of the apprenticeship. The card shall bear the expiration date of the apprenticeship and shall be carried by the embalmer apprentice at all times while engaged as an embalmer apprentice.

(B) Embalmer apprenticeship program

The objective of an apprenticeship is to provide a practical educational opportunity to teach the apprentice all aspects of embalming in a supervised setting.

(1) The apprentice shall satisfactorily complete not less than twelve months of apprenticeship under the direction of an embalmer. The apprenticeship shall be completed in no more than eighteen months from the start date of the apprenticeship unless the apprenticeship is terminated as outlined in paragraph (D)(2) of this rule. During the apprenticeship, the apprentice must personally assist in the arterial embalming of at least twenty-five dead human bodies under the direct supervision of the master embalmer, and must complete the tasks listed on the "Embalmer Task List." If the board finds that the apprentice did not adequately complete one or more tasks on the "Embalmer Task List" or did not receive the necessary training during their apprenticeship, the board may set out remedial steps for the apprentice to undertake in order to complete the apprenticeship.

(2) During the apprenticeship, the apprentice shall file with the board quarterly case reports upon forms provided by the board. Failure to comply with this requirement shall be grounds for the board to suspend or void any credit time earned by the apprentice.

(3) The apprentice shall report to any licensed board member within thirty days after the first six months of apprenticeship credit time for a personal interview. The apprentice shall report to any licensed board member annually thereafter during any period of apprenticeship, if applicable.

(4) During the apprenticeship, the master embalmer under whom the apprentice is certified shall file quarterly master embalmer's reports with the board on the apprentice's activities, including fulfillment of the tasks listed on the "Embalmer Task List."

(1) The master embalmer shall ensure that the apprenticeship training encompasses all facets of embalming services, including but not limited to:

(a) Making transfers;

(b) Embalming and restorative art;

(d) Knowledge of business administration;

(e) Sanitation;

(f) Facility maintenance;

(g) Familiarity with local religious organizations and customs;

(h) Accomplishing all tasks prescribed by the board in the "Embalmer Task List" in effect at the time the apprenticeship is certified;

(i) 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 "Embalmer's Task List" is designed to guide that judgment and measure the progress of an apprentice.

(i) Familiarity with the Chapter 4717. of Revised Code, agency 4717 of the Administrative Code, and any other provisions applicable to the funeral service industry.

(D) Embalmer apprenticeship program- termination of apprenticeship

(1) Upon completion of the apprenticeship, the apprentice shall submit the following:

(a) The embalmer's termination of apprenticeship form bearing the signatures of both the apprentice and master certifying the dates of apprenticeship. The termination of an apprenticeship shall be filed with the board no later than ten days after the completion of any period of apprenticeship;

(b) The apprenticeship wall display certificate; and

(2) In the event the apprenticeship is interrupted prior to the completion of the apprenticeship, the master and apprentice shall immediately notify the board of the interruption, and submit the embalmer's termination of apprenticeship form, the embalmer's apprenticeship card, and wall display. Failure to submit the embalmer termination of apprenticeship form upon interruption of an apprenticeship prior to its completion shall be grounds for the board to void any credit time earned by the apprentice.

(3) An apprentice who cannot serve any portion of time during an apprenticeship due to disability leave, maternity leave, military leave, or any other board 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.

(E) Examinations

(1) An apprentice who has at least six months remaining in the period of apprenticeship that has successfully completed an interview with a member of the board is eligible to take the Ohio laws and rules exam and the required nationally recognized comprehensive exam. Eligibility is at the discretion of the interviewing board member and conditional upon their approval. Earning a passing score on the Ohio laws and rules exam and the required nationally recognized comprehensive exam does not discharge the remainder of the apprenticeship. The apprentice shall successfully complete all of the apprenticeship program requirements through termination in order to be eligible to apply for a funeral director or embalmer license.

(2) The applicant for an embalmer license shall provide proof of earning a seventy-five percent or higher on each section of a nationally-recognized comprehensive examination.

(3) The applicant for an embalmer license shall provide proof of earning a seventy-five percent or higher on the Ohio laws and rules examination.

(4) Upon earning a passing score of seventy-five percent or higher on each section of a nationally-recognized comprehensive examination and the Ohio laws and rules examination, the applicant may submit to the board an application for an embalmer license in a manner consistent with section 4717.05 of the Revised Code and Chapter 4717-05 of the Administrative Code.

(F) Funeral director apprenticeship certification application

(1) The applicant for a funeral director apprenticeship shall apply to the board on a form provided by the board for certification, together with the applicable fee prior starting an apprenticeship.

(3) The applicant for certification shall provide and bear the cost of a criminal records check in accordance with section 4776.01 of the Revised Code at the time of application. The applicant shall establish that the individual has not been convicted of, pleaded guilty to, or had a judicial finding of eligibility for treatment in lieu of conviction for any offense set forth in section 4717.05 or division (A)(2) of section 4717.14 of the Revised Code of the Revised Code, or that at least five years has elapsed since the applicant was released from incarceration, a community control sanction, a post-release control sanction, parole, or treatment in connection with such offense.

(c) The board will only accept the results of a criminal records check that is submitted to the board directly by the Ohio bureau of criminal identification and investigation.

(4) Upon approval of the application for certification, the board shall issue a funeral director apprentices a card and wall display certifying the apprenticeship. The wall display shall bear the start date and termination date of the apprenticeship. The card shall bear the expiration date of the apprenticeship and shall be carried by the apprentice at all times while acting as a funeral director apprentice.

(G) Funeral director apprenticeship program

The objective of an apprenticeship is to provide a practical educational opportunity to teach the apprentice all aspects of the funeral director profession in a supervised setting.

(1) The apprentice who is seeking to complete an embalmer apprenticeship during the funeral director apprenticeship shall satisfactorily complete not less than twelve months of an apprenticeship under the direction of a master funeral director and master embalmer. The apprenticeship shall be completed in no more than eighteen months from the start date of the apprenticeship unless the apprenticeship is terminated as outlined in paragraph (I)(2) of this rule. During the apprenticeship, the apprentice must personally assist in at least twenty-five funerals or memorials under the direct supervision of the master funeral director, and must complete the tasks listed on the "Funeral Director Task List." Additionally, the apprentice must personally assist in the arterial embalming of at least twenty-five dead human bodies under the direct supervision of the master embalmer, and must complete the tasks listed on the "Embalmer Task List." If the board finds that the apprentice did not adequately complete one or more tasks on either "Task List" or did not receive the necessary training during their apprenticeship, the board may set out remedial steps for the apprentice to undertake in order to complete the apprenticeship.

(a) The apprentice shall file quarterly case reports upon forms provided by the board. Failure to comply with this requirement during the apprenticeship shall be grounds for the board to suspend or void any credit time earned by the apprentice.

(b) During the apprenticeship, the master funeral director under whom the apprentice is certified shall file quarterly master funeral director reports with the board on the apprentice's activities, including fulfillment of the tasks listed on the "Funeral Director Task List."

(c) During the apprenticeship, the master embalmer under whom the apprentice is certified shall file quarterly master embalmer reports with the board on the apprentice's activities, including fulfillment of the tasks listed on the "Embalmer Task List."

(d) The apprentice shall report to any licensed board member within thirty days after the first six months of apprenticeship credit time for a personal interview. The apprentice shall report to any licensed board member annually thereafter during any period of apprenticeship, if applicable.

(2) The apprentice who is seeking to complete only a funeral director apprenticeship shall satisfactorily complete not less than twenty-four months of apprenticeship under the direction of a master funeral director. The apprenticeship shall be completed in no more than forty-eight months from the start date of the apprenticeship unless the apprenticeship is terminated as outlined in paragraph (I)(2) of this rule. During the apprenticeship, the apprentice must personally assist in at least fifty funerals under the direct supervision of the master funeral director, and must complete the tasks listed on the "Funeral Director Task List." If the board finds that the apprentice did not adequately complete one or more tasks on either "Task List" or did not receive the necessary training during their apprenticeship, the board may set out remedial steps for the apprentice to undertake in order to complete the apprenticeship.

(c) The apprentice shall report to any licensed board member within thirty days after the first six months of apprenticeship credit time for a personal interview. The apprentice shall report to any licensed board member annually thereafter during any period of apprenticeship, if applicable.

(H) Funeral director apprenticeship program-training requirements

(1) The master funeral director shall ensure that the apprenticeship training encompasses all facets of funeral directing services, including but not limited to:

(a) Conducting funeral services;

(b) Making transfers;

(d) Knowledge of embalming and restorative art;

(e) Familiarity and compliance with all necessary government documents and/or forms;

(f) Knowledge of business administration, the electronic death registration system or any program required by the Ohio department of health;

(g) Sanitation;

(h) Knowledge of the preneed recovery fund, the automated reporting and preneed payment system, and any reporting requirements related to preneed.

(i) Facility maintenance;

(j) Familiarity with local religious organizations and customs;

(k) Accomplishing all tasks prescribed by the board in the "Funeral Director Task List" in effect at the time the apprenticeship is certified;

(i) 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 "Funeral Director Task List" is designed to guide that judgment and measure the progress of an apprentice.

(l) Cremation procedures, documentation, and laws and rule; and

(m) Familiarity with the Chapter 4717. of Revised Code, agency 4717 of the Administrative Code, and any other provisions applicable to the funeral service industry.

(I) Funeral director apprenticeship program- termination of apprenticeship

(1) Upon completion of the apprenticeship, the apprentice shall submit the following:

(a) The funeral director termination of apprenticeship form bearing the signatures of both the apprentice and master certifying the dates of the apprenticeship. The termination of an apprenticeship shall be filed with the board no later than ten days after the completion of any period of apprenticeship;

(b) The apprenticeship wall display certificate; and

(2) In the event the apprenticeship is interrupted prior to the completion of the apprenticeship, the master and apprentice shall immediately notify the board of the interruption, and submit the funeral director termination of apprenticeship form, the apprenticeship card, and wall display. Failure to submit the funeral director termination of apprenticeship form upon interruption of an apprenticeship prior to the completion of such apprenticeship shall be grounds for the board to void any credit time earned by the apprentice.

(J) Examination

(2) The applicant for a funeral director license shall provide proof of earning a seventy-five per cent or higher on each section of a nationally-recognized comprehensive examination.

(3) The applicant for a funeral director license shall provide proof of earning a seventy-five percent or higher on the Ohio laws and rules examination.

(4) Upon earning a passing score of seventy-five percent or higher on each section of a nationally-recognized comprehensive examination and the Ohio laws and rules examination, the applicant may submit to the board an application for a funeral director license in a manner consistent with section 4717.05 of the Revised Code and Chapter 4717-05 of the Administrative Code.

(K) Apprenticeship practice following termination and examination

Upon completion of the apprenticeship, an individual may continue to serve in the same capacity as an apprentice under the 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.

(L) Apprenticeship inactivity

If after inactivity for a five-year period where an apprenticeship is interrupted prior to the completion or if the individual fails to advance to full licensure, the individual forfeits any apprenticeship credit earned and the records shall be destroyed according to the board's record retention schedule.

Last updated May 20, 2022 at 3:36 PM

History

Effective: February 18, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4717-5-02 Master embalmer and master funeral director training program requirements.

(A) A master embalmer and a master funeral director with five years of experience as an embalmer or funeral director in the in the state of Ohio must successfully complete training approved by the board. The training must be a six-hour class. The training shall be conducted in a classroom setting, face to face, or in a virtual classroom or on-demand setting, and open to all licensees. The training is valid for five years.

In the event the governor has declared a state of emergency, the board of embalmers and funeral directors may extend the validity of a funeral directors and embalmer's master training course up to one year from the end of the declared emergency.

(B) The training shall consist of the following topics:

(1) Federal trade commission;

(2) Liturgical and non-liturgical and veterans administration;

(3) Occupational health and safety administration (OSHA);

(4) Chapter 4717. of the Revised Code including, but not limited to, preneed laws and rules, not sales, and cremation laws and rules;

(5) Agency 4717 of the Administration Code including, but not limited to, preneed laws and rules, not sales, and cremation laws and rules;

(6) Vital statistics laws and rules, including, but not limited to, the electronic death registration system (EDRS);

(7) Duties and responsibilities of a master;

(8) Apprenticeship program and documentation; and

(9) Any additional topics deemed appropriate by the board.

Last updated May 20, 2022 at 3:36 PM

History

Effective: October 15, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4717-5-03 Apprenticeship.

(A) Master embalmer and master funeral director responsibilities

(1) 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 their time working under a embalmer or funeral director who is not the master certifying the apprenticeship.

(2) A master embalmer or funeral director may certify an apprentice only if they are employed or self-employed at the licensed funeral home or embalming facility where the apprentice has certified. The funeral home or embalming facility where the master embalmer or master funeral director is employed must have completed not less than thirty deaths in the previous year, except if granted prior written permission by the board.

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

(4) An 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.

(B) Multiple apprentices

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.

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, embalmers, 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.

(D) Direct supervision of an apprentice

(1) Direct supervision, as defined in division (I) of section 4717.01 of the Revised Code, is required for at least twenty-five 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.

(2) 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.

Last updated May 20, 2022 at 3:36 PM

History

Effective: December 2, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4717-5-04 Apprentice licensed as an insurance agent.

The following requirements only apply to an apprentice who is licensed as an insurance agent:

(A) The apprentice shall comply with rule 4717-5-01 of the Admininistrative Code.

(B) An apprentice who is a licensed insurance agent must advise the board of this fact and provide his/her insurance license number of certification.

(C) The apprentice is not permitted to sign a funeral purchase record or contract. An apprentice who is licensed as an insurance agent is permitted to sign an insurance contract.

Last updated May 20, 2022 at 3:36 PM

History

Effective: December 2, 2019
Promulgated Under: 119.03

Chapter 4717-6 Examinations

Ohio Adm.Code 4717-6-01 Embalmer's examination and subjects.

(A) The examination for an applicant for an embalmer's license shall consist of two distinct sections to be designated as a nationally recognized examination for funeral service licensure, and the Ohio laws section.

(B) The Ohio laws section shall be taken from the following sources:

(1) Ohio laws governing embalming and funeral directing;

(2) Ohio laws governing transportation of dead human bodies;

(3) Ohio health laws, rules and regulations governing preparation and transportation of dead human bodies;

(4) Ohio laws governing sales tax as related to funeral directing;

(5) Ohio laws governing funds provided by the bureau of workers' compensation for final disposition of dead human bodies when the cause of death is work-related;

(6) Federal laws governing burial of veterans;

(7) Ohio laws governing funeral processions;

(8) Ohio laws, rules and regulations governing pre-need funeral contracts;

(9) Federal trade commission funeral rules;

(10) Occupational, safety, and health administration (OSHA) regulations;

(11) Environmental protection agency (EPA) regulations.

(D) Qualifications for re-examination.

Any applicant who has failed an embalmers' examination shall be qualified to retake the examination after any waiting period determined by the examining agency and payment of the applicable fee(s).

Last updated May 20, 2022 at 3:36 PM

History

Effective: April 10, 2011
Promulgated Under: 119.03

Ohio Adm.Code 4717-6-02 Funeral directors' examination and subjects.

(A) The examination for an applicant for a funeral director's license shall consist of two distinct sections designated as a nationally recognized examination for funeral service licensure, and the Ohio laws section. An applicant who has not completed mortuary science college shall take a comprehensive funeral service arts examination.

(B) The Ohio laws section for the examination shall be taken from the following sources:

(1) Ohio laws governing embalming and funeral directing;

(2) Ohio laws governing transportation of dead human bodies;

(3) Ohio health laws, rules and regulations governing preparation and transportation of dead human bodies;

(4) Ohio laws governing sales tax as related to funeral directing;

(5) Ohio laws governing funds provided by the bureau of workers' compensation for final disposition of dead human bodies when the cause of death is work-related;

(6) Federal laws governing burial of veterans;

(7) Ohio laws governing funeral processions;

(8) Ohio laws, rules and regulations governing pre-need funeral contracts;

(9) Federal trade commission funeral rules;

(10) Occupational, safety, and health administration (OSHA) regulations;

(11) Environmental protection agency (EPA) regulations.

(D) Qualifications for re-examination

Any applicant who has failed an embalmers' examination will be qualified to retake the examination after a waiting period determined by the examining agency and payment of the applicable fee(s).

Last updated May 20, 2022 at 3:36 PM

History

Effective: April 10, 2011
Promulgated Under: 119.03

Chapter 4717-7 Requirements for Licenses

Ohio Adm.Code 4717-7-01 Fixed place or location and general requirements for licensure of funeral homes and embalming facilities.

(A) The business and practice of funeral directing and embalming shall be conducted from a fixed place or location which is licensed by the board.

(B) 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 home. Funeral directors leasing space in a duly licensed funeral home, but doing funeral service as a separate business, are engaged in operation of a separate and distinct funeral home and therefore are required to obtain a separate funeral home license.

(C) 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.

Last updated October 2, 2023 at 12:12 PM

History

Effective: June 19, 2017
Promulgated Under: 119.03

Ohio Adm.Code 4717-7-02 Requirements for funeral home licensure.

(A) At least sixty days prior to the opening for business of any funeral home, thereof, the funeral director, who will be actually in charge thereof, shall notify the board of such anticipated opening and shall submit an application for funeral home license sworn by the applicant and accompanied by the applicable fee.

(B) The board shall approve the application for funeral home license, if appropriate, contingent upon the receipt of an occupancy permit and inspection.

(1) A funeral director actually in charge of and ultimately responsible for the funeral home is identified;

(2) The holder of a funeral home license shall submit to the board written notification, within ten days of any termination of the funeral director actually in charge of and ultimately responsible for the funeral home. Except in extenuating circumstances, and with approval of the board, no funeral home is to operate without a funeral director actually in charge of and ultimately responsible for the funeral home for more than thirty days after the written notification is filed with the board. A change of the funeral director actually in charge of and ultimately responsible for the funeral home requires a new license under division (A)(2) of section 4717.11 of the Revised Code. The funeral director who will be the actually in charge and ultimately responsible of the funeral home license after the change shall apply for a new funeral home license on an application form prescribed by the board within thirty days of filing the written notification with the board. Any funeral home that fails to comply with this rule shall cease operations.

(D) A license shall not be issued to a funeral home until the funeral home meets the following requirements:

(1) Every 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.

(2) 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:

(a) Sanitary floor;

(b) 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;

(d) Exhaust fan and intake vent, permanently installed and operable with the capacity to change the air in the room at least fifteen times each hour;

(e) Sanitary plumbing connected with sewer, cesspool, septic tank, or other department of health approved system;

(f) Porcelain, stainless steel; metal-lined or fiberglass operating table;

(g) All opening windows and outside doors shall be adequately screened and shielded from outside viewing;

(h) All hydro-aspirators or electric aspirators shall be equipped with at least one air breaker;

(i) Containers for refuse, trash and soiled linens shall be adequately covered or sealed at all times;

(j) First-aid kit and eyewash;

(k) 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 embalmers, funeral directors, apprentices, officials in discharge of their duties, and other authorized persons;

(l) All waste materials, refuse, used bandages and cotton shall be destroyed in accordance with all applicable OSHA and EPA regulations;

(m) 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;

(n) All bodies in the preparation room shall be treated with proper care and dignity and shall be properly covered at all times;

(o) Ingress and egress of the preparation room shall be situated so that functions in the funeral home will not impede or interfere with entering or exiting said room; and

(p) Sufficient emergency lighting.

(3) 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:

(a) Sanitary floor;

(b) Running hot and cold water with a sink for personal hygiene;

(d) Containers for refuse, trash and soiled linens shall be adequately covered or sealed at all times;

(e) 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 embalmers, funeral directors, apprentices, officials in discharge of their duties, and other authorized persons;

(f) All bodies in the holding room shall be treated with proper care and dignity and shall be properly covered at all times;

(g) Ingress and egress of the holding room shall be situated so that functions in the funeral home will not impede or interfere with entering or exiting said room; and

(h) If the holding room is equipped with a hydro-aspirator or electric aspirator, the aspirator shall be equipped with at least one air breaker.

(E) Upon approval of the application for a funeral home license involving a facility that has not previously been utilized as a licensed funeral home, the funeral director shall submit to the board an occupancy permit certifying that the facility is in conformance with all applicable building codes.

(F) Upon receipt of the occupancy permit and prior to the opening of the funeral home, the board, any member thereof, or its duly authorized inspector shall inspect such funeral home.

(G) The funeral home license shall be effective upon the completion of the inspection and approval by the inspector.

(H) No funeral director actually in charge shall operate or participate in the operation of any such funeral home, unless the board first grants its approval for such operation or participation, and which shall be based upon the results or findings of the inspection.

(I) 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.

(3) The funeral home facility license shall be displayed in a conspicuous place within the funeral home.

(J) Actually in charge and ultimately responsibly sign

(1) The name of the funeral director who is the actually in charge and ultimately responsible to whom the funeral home license has been issued shall be displayed on a sign. The sign must conspicuously displayed in such a manner that it may be seen by the general public immediately on the outside or inside of the primary entrance to the funeral home. The sign must specifically include the name of the funeral director actually in charge and ultimately responsible followed by "has been issued a license to operate this funeral home."The size of text listing the name of the actually in charge and ultimately responsible shall be a minimum of .75 inches. The size of the text "has been issued a license to operate this funeral home" shall be a minimum of .5 inches.

(K) A holder of any individual license shall notify the board in writing, within fifteen days of any change of address of licensee. The actually in charge and ultimately responsible who is licensed to operate a facility shall notify the board in writing within fifteen days of any change of address and comply with section 4717.11 of the Revised Code and apply for a new license.

(L) The board shall have the right to examine the funeral home location for which a funeral home license application has been filed.

(M) When a request for a license is rejected, the board shall notify the applicant of his right to a hearing. The applicant shall request a hearing within thirty days of the time of mailing the notice. When the applicant requests a hearing, the board shall immediately set a date, time, and place for a hearing and shall notify the applicant. The date shall be within fifteen days, but not earlier than seven days, after the applicant requested the hearing, unless otherwise agreed to by both parties.

Last updated May 20, 2022 at 3:36 PM

History

Effective: January 10, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4717-7-03 Sale or disposition of existing funeral home.

(A) When any funeral home is closed, the board shall be notified, in writing, within ten days, by the funeral director actually in charge and ultimately responsible, whose signature shall be notarized. Within thirty days of the notification to the board, the funeral director actually in charge and ultimately responsible shall surrender the license to operate the funeral home and comply with divisions (C) and (D) of section 4717.13 of the Revised Code.

(B) 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:

(1) All preneed funeral contracts held by the funeral home;

(2) All life insurance policies held or payable to the funeral home upon the death of a person; and

(3) All accounts payable to the funeral home upon the death of a person.

(C) The purchaser or new owner of the funeral home shall submit to the board a fully completed application for funeral home license, within thirty days after the purchase of the funeral home.

(D) When an individual or individuals in whose name the funeral home was licensed to operated, dies or otherwise ceases to be actually in charge of or ultimately responsible for the funeral home, the funeral home may continue to operate under the person or person's name, or any combination of the current licensed name.

Last updated May 20, 2022 at 3:36 PM

History

Effective: January 10, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4717-7-04 Crematory facilities.

Requirements for crematory facility license:

(A) Any person desiring to operate a crematory facility shall be a crematory operator as required under division (D)(1) of section 4717.06 of the Revised Code and apply to the board on a form provided by the board, include the appropriate license fee, and establish that:

(1) The facility is at a fixed place or location;

(2) The facility is adequately equipped and maintained in a clean and sanitary manner. The crematory shall contain only the articles and instruments necessary for carrying out the business of the crematory. The crematory shall contain separate equipment for the performance of cremation and pulverization of dead human bodies and human body parts, and animals so as to prevent the opportunity for comingling of remains. The minimal requirements for the crematory facility shall be as follows:

(a) The crematory facility shall be in compliance with all applicable local and state building codes, zoning laws, and ordinances, environmental laws and OSHA requirements;

(b) The crematory shall have, on site, a motorized mechanical device for processing cremated remains and must have, in the building or adjacent to it, a holding facility for the retention of dead human bodies or human body parts awaiting cremation. The holding facility must be secure from access by anyone except the authorized personnel of the crematory, preserve the dignity of the remains, and protect the health and safety of the crematory personnel. The crematory facility shall also maintain sufficient pollution control equipment to comply with the department of environmental regulation requirements in order to secure annual approved certification.

(3) The holder of a crematory facility license who is the actually in charge and ultimately responsible shall submit to the board written notification, within ten days of any termination of a crematory operator actually in charge and ultimately responsible for the crematory facility. Within thirty days of the notification to the board, the holder of a crematory facility license who is actually in charge and ultimately responsible shall surrender the license to operate the crematory facility. Except in extenuating circumstances, and with approval of the board, no crematory facility is to operate without a crematory operator actually in charge and ultimately responsible of the crematory facility for more than thirty days after the written notification is filed with the board. A change in the person who is licensed to operate a crematory facility who is actually in charge and ultimately responsible requires a new crematory facility license under division (C)(2) of section 4717.11 of the Revised Code. The person who will be licensed to operate the crematory as the actually in charge and ultimately responsible after the change shall apply for a new license on an application form prescribed by the board within thirty days of filing the written notification with the board. Any crematory facility that fails to comply with this rule shall cease operations.

(B) Actually in charge and ultimately responsible sign

The name of the crematory operator actually in charge and ultimately responsible to whom the crematory facility license has been issued to operate shall be displayed on a sign. The sign must be conspicuously displayed in such a manner that it may be seen by the general public immediately on the outside or inside of the primary entrance to the crematory facility. The sign must specifically include the crematory operator actually in charge and ultimately responsible followed by "has been issued a license to operate this crematory facility." The size of text listing the name of the actually in charge and ultimately responsible shall be a minimum of .75 inches. The size of the text "has been issued a license to operate this funeral home" shall be a minimum of .5 inches.

(D) The board shall have the right to examine the crematory facility location for which a crematory license application has been filed.

(E) When a request for a license is rejected, the board shall notify the applicant of his right to a hearing. The applicant shall request a hearing within thirty days of the time of mailing the notice. When the applicant requests a hearing, the board shall immediately set a date, time, and place for a hearing and shall notify the applicant. The date shall be within fifteen days, but not earlier than seven days, after the applicant requested the hearing, unless otherwise agreed to by both parties.

Last updated July 24, 2024 at 8:23 AM

History

Effective: January 10, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4717-7-05 Embalming facilities.

Requirements for embalming facility license:

(A) Any person desiring to operate an embalming facility shall apply to the board on a form provided by the board, include the appropriate license fee, and establish that:

(1) The facility is at a fixed place or location;

(2) The embalming facility is adequately equipped and maintained in a sanitary manner. The embalming room at the facility shall contain only the articles, facilities, and instruments necessary for its stated purpose. The embalming room shall be kept in a clean and sanitary condition and used only for the care and preparation of dead human bodies. The minimal requirements for the embalming room shall be as follows:

(a) Sanitary floor;

(d) Exhaust fan and intake vent, permanently installed and operable with the capacity to change the air in the room at least fifteen times each hour;

(e) Sanitary plumbing connected with sewer, cesspool, septic tank, or other department of health approved system;

(f) Porcelain, stainless steel, metal-lined or fiberglass operating table;

(g) All opening windows and outside doors shall be adequately screened and shielded from outside viewing;

(h) All hydro-aspirators or electric aspirators shall be equipped with at least one air breaker;

(i) Containers for refuse, trash and soiled linens shall be adequately covered or sealed at all times;

(j) First-aid kit and eyewash;

(k) 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 embalmers, funeral directors, apprentices and other authorized persons and officials in discharge of their duties;

(l) All waste materials, refuse, used bandages and cotton shall be destroyed in accordance with all applicable OSHA and EPA regulations;

(m) 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 and shall, while so engaged, wear impervious rubber gloves;

(n) All bodies in the preparation room shall be treated with proper care and dignity and shall be properly covered at all times;

(o) Ingress and egress of the preparation room shall be situated so that functions in the funeral home shall not impede or interfere with entering or exiting said room; and

(p) Sufficient emergency lighting.

(3) The board shall issue a license to operate an embalming facility only for the address at which the embalming facility is to operate and shall issue said license only to an embalmer who is actually in charge of the facility.

(4) The embalmer actually in charge and ultimately responsible of a embalming facility license shall submit to the board written notification, within ten days of any termination of an embalmer actually in charge and ultimately responsible of the embalming facility. Within thirty days of the notification to the board, the embalmer actually in charge and ultimately responsible of the embalming facility license shall surrender the license to operate the embalming facility. Except in extenuating circumstances, and with approval of the board, no embalming facility is to operate without an embalmer actually in charge and ultimately responsible of the embalming facility for more than thirty days after the written notification is filed with the board. A change of the embalmer actually in charge and ultimately responsible of an embalming facility requires a new license under division (B)(2) of section 4717.11 of the Revised Code. The person who will be licensed to operate the embalming facility as the actually in charge and ultimately responsible after the change shall apply for a new embalming facility license on an application form prescribed by the board within thirty days of filing the written notification with the board. Any embalming facility that fails to comply with this rule shall cease operations.

(B) Actually in charge and ultimately responsibly sign

The name of the embalmer who is the actually in charge and ultimately responsible to whom the embalming facility license has been issued shall be displayed on a sign. The sign must conspicuously displayed in such a manner that it may be seen by the general public immediately on the outside or inside of the primary entrance to the embalming facility. The sign must specifically include the name of the embalmer actually in charge and ultimately responsible followed by "has been issued a license to operate this embalming facilty."The size of text listing the name of the actually in charge and ultimately responsible shall be a minimum of .75 inches. The size of the text "has been issued a license to operate this funeral home" shall be a minimum of .5 inches.

(D) The board shall have the right to examine an embalming facility location for which a embalming facility license application has been filed.

Last updated May 20, 2022 at 3:36 PM

History

Effective: January 10, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4717-7-06 Sale or disposition of exisiting embalming facility.

(A) When any embalming facility is closed, the board shall be notified, in writing, within ten days, by the embalmer actually in charge and ultimately responsible, whose signature shall be notarized. Within thirty days of the notification to the board, the embalmer actually in charge and ultimately responsible shall surrender the license to operate the embalming facility.

(B) The new embalmer actually in charge and ultimately responsible of the embalming facility shall submit to the board a fully completed application for license, within thirty days after the purchase of the embalming facility.

Last updated May 20, 2022 at 3:36 PM

History

Effective: January 10, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4717-7-07 Sale or disposition of existing crematory facility.

When any crematory facility is closed, the board shall be notified, in writing, within ten days, by the crematory operator actually in charge and ultimately responsible of the facility license, whose signature shall be notarized. Within thirty days of the notification to the board, the crematory operator actually in charge shall surrender the license to operate the crematory facility.

The new crematory operator actually in charge and ultimately responsible of the crematory facility shall submit to the board a fully completed application for license, within thirty days after the purchase of the crematory facility.

Last updated May 20, 2022 at 3:36 PM

History

Effective: January 10, 2019
Promulgated Under: 119.03

Chapter 4717-8 Unprofessional Conduct

Ohio Adm.Code 4717-8-01 Unprofessional conduct.

Unprofessional conduct includes, but is not limited to, the following:

(A) Solicitation of dead human bodies by an embalmer or funeral director, or an apprentice, or a crematory operator, 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) 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) Disclosure by a licensee or apprentice or crematory operator permit holder of confidences, privacies, confidential facts, confidential opinions or secrets of the life of any person, persons or family members, the knowledge of which was acquired through professional relationship with said person, persons or family members.

(D) Violations of the federal trade commission's funeral industry rule, codified as Chapter 16, Part 453 of the Code of Federal Regulations, as amended, July 19, 1994 (hereinafter, referred to as the "funeral rule"). A copy is available on the federal trade commission's website at http://www.ftc.gov.

(E) Violations of state or federal laws involving dishonesty, falsification, misrepresentation, deceit or deception.

(F) Misappropriation by a funeral director, funeral home or funeral home's employee of any amount of money whether paid by a consumer or acquired by any other means in order to fund his or her funeral service.

(G) Failure to comply with any board request during an inspection or investigation, or finding, or order.

(H) Falsification or misrepresentation on any application or document submitted to the board.

(I) Failure to submit the preneed funeral contract annual report or postmark the preneed funeral contract annual report by the thirty-first day of March of each year.

(J) Failure to register an account with the automated reporting and preneed payment system.

(K) Failure to report any preneed funeral contracts sold during a quarter to the preneed recovery fund through the automated reporting and preneed payment system.

(L) Submission of a late quarterly report to the preneed recovery fund through automated reporting and preneed payment system.

(M) Where a deposit amount is specified at the end of a fiscal year, failure to collect and deposit the specified amount to the preneed recovery fund through the automated reporting and preneed payment system.

(N) Act as a crematory operator or perform cremation without a permit.

(O) Failure to complete the minimum hours of education required for a crematory operator permit or the minimum hours of continuing education required for licensure by the board.

(P) Failure to respond to or comply with an audit request.

(Q) Falsely attesting attendance and successful completion of a course for oneself or another licensee.

Last updated May 20, 2022 at 3:36 PM

History

Effective: January 10, 2019
Promulgated Under: 119.03

Chapter 4717-9 Continuing Education

Ohio Adm.Code 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 continuing education shall be fulfilled 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) In the event the governor has declared a state of emergency, and if the board of embalmers and funeral directors determines that it is a hardship to obtain in-person hours, it may exempt the in-person, face to face requirement for the compliance period during which the state of emergency was declared.

(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 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.

(L) 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.

(M) 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.

Last updated May 20, 2022 at 3:36 PM

History

Effective: October 15, 2020
Promulgated Under: 119.03

Ohio Adm.Code 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.

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.

Last updated October 2, 2023 at 12:13 PM

History

Effective: January 10, 2019
Promulgated Under: 119.03

Ohio Adm.Code 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 initiate an audit of the continuing education records of licensees within at least six months after the close of a license 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 December thirty-first of each even numbered year. 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.

Last updated August 20, 2021 at 9:53 AM

History

Effective: August 20, 2021
Promulgated Under: 119.03

Ohio Adm.Code 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.

History

Effective: January 10, 2019
Promulgated Under: 119.03

Ohio Adm.Code 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.

(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) 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;

(2) 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;

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

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

History

Effective: February 6, 2021
Promulgated Under: 119.03

Chapter 4717-10 Preneed Funeral Contract Annual Report

Ohio Adm.Code 4717-10-01 Preneed funeral contract annual report.

(A) Unless exempt from compliance under section 4717.38 of the Revised Code or otherwise not required to file an annual report with the board pursuant to division (K) of section 4717.31 of the Revised Code, each year no later than the thirty-first day of March, a seller of preneed funeral contracts who is subject to sections 4717.31 to 4717.38 of the Revised Code shall file an annual report relating to all existing funded preneed contracts as of December thirty-first of the prior calendar year. The report shall be submitted on a form provided by the board and shall include, but not be limited to the following:

(1) The name of the beneficiary of each trust account or insurance policy as of the thirty-first day of December;

(2) An account or policy number for each trust account or insurance policy as of the thirty-first day of December;

(3) The account balance of each trust account as of the thirty-first day of December;

(4) Any activity on each trust account in the calendar year immediately preceding the thirty-first day of December;

(5) Information indicating whether the trust funds in each trust account were invested in accordance with Chapter 1111. of the Revised Code in the calendar year immediately preceding the thirty-first day of December;

(6) In the event that the trustee of the account is a natural person, evidence of the existence and amount of any corporate surety bond for each account as of the thirty-first day of December.

(B) An affidavit certifying items in paragraphs (A)(1) to (A)(6) of this rule signed by the funeral director actually in charge of and ultimately responsible for the funeral home.

Last updated October 2, 2023 at 12:13 PM

History

Effective: January 10, 2019
Promulgated Under: 119.03

Chapter 4717-11 Summary Suspension

Ohio Adm.Code 4717-11-01 Summary suspension.

(A) Any license granted by the board may be summarily suspended without a prior adjudicatory hearing pursuant division (B) of section 4717.14 of the Revised Code if, in the opinion of the board there is clear and convincing evidence that the license holder has violated divisions (A)(1) to (A)(10) of section 4717.14 of the Revised Code and the licensee's continued practice presents a danger of immediate and serious harm to the public.

(1) Prior to the consideration of a summary suspension under paragraph (A) of this rule, the executive director shall prepare written allegations for consideration by the board.

(2) If the board determines that the conditions in paragraph (A) of this rule are met, it shall issue a written order of suspension, by certified mail or personal service, in accordance with section 119.07 of the Revised Code.

(3) The licensee may request an adjudicatory hearing. Such hearing shall be set by the board within fifteen days, but not earlier than seven days, of said request, unless otherwise agreed by the board and the licensee. Said request shall be deemed to have been made as of the date of receipt of the request by the board.

(4) The board shall issue a final adjudicatory order within thirty days after the completion of the adjudicatory hearing, except in the case of the summary suspension of a crematory facility license, in which case the board shall issue a final adjudicatory order within sixty days after completion of the adjudicatory hearing. Failure to issue a final adjudicatory order within that time will result in the dissolution of the summary suspension order but in no way affects or invalidates the final adjudicatory order or any subsequent order of the board.

(5) A summary suspension issued by the board is not subject to stay by the court during the pendency of any appeal by the licensee under section 119.12 of the Revised Code.

(B) Any holder of a license issued under Chapter 4717. of the Revised Code who has pleaded guilty to, has been found by a judge or jury to be guilty of, or has had a judicial finding of eligibility for treatment in lieu of conviction entered against the individual by any jurisdiction and for any offense listed in division (E) of section 4717.14 of the Revised Code is suspended from practice of embalming and/or funeral directing by operation of law as of the date of such guilty plea, verdict or finding of guilt, or judicial finding of eligibility for treatment in lieu of conviction. The board shall issue a written order of suspension, by certified mail or personal service, in accordance with section 119.07 of the Revised Code.

(1) The licensee may request an adjudicatory hearing, pursuant to section 119.12 of the Revised Code. Such hearing shall be set by the board within fifteen days, but not earlier than seven days, of said request, unless otherwise agreed. Said request shall be deemed to have been made as of the date of receipt by the request by the board.

(2) The board shall issue a final adjudicatory order after the completion of the adjudicatory hearing. If the licensee fails to request an adjudicatory hearing, the board shall enter a final order revoking the license.

Last updated October 2, 2023 at 12:13 PM

History

Effective: April 10, 2011
Promulgated Under: 119.03

Chapter 4717-12 Forfeitures

Ohio Adm.Code 4717-12-01 Forfeitures.

(A) For purposes of division (A)(9) of section 4717.04 of the Revised Code, the board may impose a forfeiture for the following types of conduct, which constitute violations of Chapter 4717. of the Revised Code. The licensee shall pay to the executive director of the board the full amount of the forfeiture by credit card, electronic check, or certified check made payable to the board, and received within the time period set forth in section 4717.15 of the Revised Code. The amount of the forfeiture shall be in accordance with the following schedule:

(1) For obtaining a license under this chapter by fraud or misrepresentation either in the application or in passing the required examination for the license, the board may impose a fine as follows:

(a) For a first offense, a minimum fine of one thousand dollars to a maximum fine of five thousand dollars.

(b) For a second or subsequent offense, a minimum fine of two thousand dollars to a maximum fine of ten thousand dollars.

(2) For purposely violating any provision of sections 4717.01 to 4717.15 of the Revised Code or a rule adopted under any of those sections; division (A) or (B) of section 4717.23 of the Revised Code; division (B)(1) or (B)(2), (C)(1) or (C)(2), (D), (E), or (F)(1) or (F)(2), or divisions (H) to (K) of section 4717.26 of the Revised Code; division (D)(1) of section 4717.27 of the Revised Code; or divisions (A) to (C) of section 4717.28 of the Revised Code, the board may impose a fine as follows:

(a) For a first offense, a minimum fine of five hundred dollars to a maximum fine of five thousand dollars.

(b) For a second or subsequent offense, a minimum fine of seven hundred fifty dollars to a maximum fine of ten thousand dollars.

(3) For committing unprofessional conduct, the board may impose a fine as follows:

(a) For a first offense, a minimum fine of five hundred dollars to a maximum fine of five thousand dollars.

(b) For a second or subsequent offense, a minimum fine of one thousand dollars to a maximum fine of ten thousand dollars.

(4) For knowingly permitting an unlicensed person, other than a person serving an apprenticeship, to engage in the profession or business of embalming or funeral directing under the licensee's supervision, the board may impose a fine as follows:

(a) For a first offense, a minimum fine of two thousand five hundred dollars to a maximum fine of five thousand dollars.

(b) For a second or subsequent offense, a minimum fine of five thousand dollars to a maximum fine of ten thousand dollars.

(5) For refusing to promptly submit the custody of a dead human body or cremated remains upon the express oral or written order of the person legally entitled to the body, the board may impose a fine as follows:

(a) For a first offense, a minimum fine of one thousand dollars to a maximum fine of five thousand dollars.

(b) For a second or subsequent offense, a minimum fine of two thousand dollars to a maximum fine of ten thousand dollars.

(6) For transferring a license to operate a funeral home, embalming facility, or crematory facility from one owner or operator to another, or from one location to another without notifying the board, the board may impose a fine as follows:

(a) For a first offense, a minimum fine of one thousand dollars to a maximum fine of five thousand dollars.

(b) For a second or subsequent offense, a minimum fine of two thousand dollars to a maximum fine of ten thousand dollars.

(7) For misleading the public using false or deceptive advertising, the board may impose a fine as follows:

(a) For a first offense, a minimum fine of one thousand dollars to a maximum fine of five thousand dollars.

(b) For a second or subsequent offense, a minimum fine of two thousand dollars to a maximum fine of ten thousand dollars.

(B) If the licensee fails to remit the forfeiture or request a hearing, the board shall issue an order according to division (B) of section 4717.15 of the Revised Code.

Last updated October 2, 2023 at 12:13 PM

History

Effective: October 15, 2020
Promulgated Under: 119.03

Chapter 4717-13 Inspections

Ohio Adm.Code 4717-13-01 Inspections.

Every crematory, embalming facility and funeral home licensed by the board shall make its records available for inspection to the board or the board's agents during reasonable hours.

(A) Every funeral director and funeral home must retain all records relating to any preneed funeral contract or insurance policy that they establish for a consumer that desires to prepay their funeral service for at least five years after satisfaction of the contract.

(B) Any person designated as an AIC/UR, CROP, EAIC of a funeral home, crematory, or embalming facility respectively, shall make the facility open for an inspection or investigation by the board or the board's agents during reasonable hours.

Last updated May 20, 2022 at 3:36 PM

History

Effective: April 10, 2011
Promulgated Under: 119.03

Chapter 4717-14 Preneed Funeral Contract

Ohio Adm.Code 4717-14-01 Purpose.

There is established a recovery fund which shall be administered by the board. The purpose of the fund is to reimburse the purchasers of preneed funeral contracts who have suffered financial loss as a result of malfeasance, misfeasance, default, failure, or insolvency in connection with the sale of a preneed funeral contract by any licensee under Chapter 4717. of the Revised Code.

Last updated October 2, 2023 at 12:14 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-02 Scope.

This chapter shall apply to any preneed funeral contract sold by any licensee on or after September 29, 2017, except for a preneed funeral contract that is funded by the assignment of an existing life insurance policy. For purposes of this chapter, an "existing life insurance policy" shall mean a life insurance policy that was not purchased for the purpose of funding funeral or final disposition expenses and which has been in existence for at least six months prior to its assignment to fund the preneed funeral contract.

Last updated October 2, 2023 at 12:14 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-03 Automated reporting and preneed payment system.

The board of embalmers and funeral directors may establish and maintain an automated reporting and payment system. The board shall use the automated reporting and payment system to monitor preneed funeral contracts sold in this state and to manage the "Preneed Recovery Fund," the presentation and processing of applications for reimbursement, subrogation or assignment of the rights of any reimbursed applicant, and other necessary actions to carry out the duties pursuant to section 4717.41 of the Revised Code.

Last updated October 2, 2023 at 12:14 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-04 Licensee registration requirements.

(A) If the board of embalmers and funeral directors establishes and maintains an automated reporting and payment system to carry out the duties pursuant to section 4717.41 of the Revised Code, a funeral home director actually in charge shall register an account with the automated reporting and payment system on behalf of a funeral home licensee.

(B) A new funeral home licensee shall contact the board to register an account with the automated reporting and payment system within thirty days after issuance of the license by the board.

(C) The funeral director actually in charge shall have the responsibility of registering an account with the automated reporting and payment system and submitting all reports and payments to the system.

(1) The funeral director actually in charge may delegate the act to submit reports and payments to an institutional depositor authorized by the board to submit quarterly reports to the automated reporting and payment system.

(2) The responsibility to complete the act of submission of reports and payments to the automated reporting and payment system will remain with the institutional depositor once the funeral director actually in charge delegates the responsibility. Although responsibility to complete the act of submission may be delegated, liability under Chapter 4717. of the Revised Code and agency 4717 of the Administrative Code cannot be delegated and will remain with the funeral director actually in charge.

(D) A funeral home shall send written notification to the board requesting a change of account information if the following should occur:

(1) Change in the funeral director actually in charge;

(2) Change in ownership that causes a change in the funeral director actually in charge;

(3) Change in location of the funeral home;

(4) Closure of the business.

Last updated October 2, 2023 at 12:14 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-05 Requirements for authorization as an institutional depositor.

(A) An entity seeking to become an institutional depositor authorized to submit reports and payment on behalf of a licensee shall submit a request form to the board. The discretion to authorize an entity rests solely with the board or its delegate.

(B) The entity seeking to become an institutional depositor must agree to accept the responsibility to submit all quarterly reports and payments on behalf of any licensee.

Last updated October 2, 2023 at 12:14 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-06 Institutional depositor registration requirements.

(A) An institutional depositor for the purposes of these rules is any trust, insurance company, or entity that will perform the act of submitting quarterly reports and payments to the automated reporting and payment system.

(B) An institutional depositor may submit quarterly reports and payments on behalf of a licensee.

(C) If the board of embalmers and funeral directors establishes and maintains an automated reporting and payment system to carry out the duties pursuant to section 4717.41 of the Revised Code, an institutional depositor shall register an account with the automated reporting and payment system.

(D) The institutional depositor shall only submit quarterly reports and payments to the automated reporting and payment system and shall not be responsible for the accuracy of the reports submitted, the accuracy of the information contained in the reports, or compliance with Chapter 4717-10 or 4717-14 of the Administrative Code and divisions 4717.31 to 4717.36 of the Revised Code. The institutional depositor shall notify the licensee of the responsibilities under this rule.

Last updated October 2, 2023 at 12:14 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-07 Information required for submission.

(A) As used in this division:

(1) "Deposit Amount" means the amount, if any, deposited by the purchaser upon the sale of the preneed funeral contract;

(2) "Recovery fee" means the amount collected during the sale of the preneed funeral contract;

(3) "Funeral home identification number" means the license number issued by the board upon receipt of the facility license;

(4) "Funding vehicle identification number" means the numerical sequence or alphabetical sequence or alphanumerical sequence automatically assigned to the funding vehicle that is generated by the automated reporting and payment system;

(5) "Funeral recipient" means the individual actually receiving the funeral, services, goods, or merchandise listed in the preneed funeral contract;

(6) "Purchaser" means the individual or entity remitting payment for the prearranged service.

(B) If the board of embalmers and funeral directors establishes and maintains an automated reporting and payment system to carry out the duties pursuant to section 4717.41 of the Revised Code, each licensee who sells a preneed funeral contract in this state shall submit to the board a report with the following information:

(1) Contract number;

(2) Contract type;

(3) Contract date;

(4) Contract amount;

(5) Deposit amount;

(6) Funeral home identification number;

(7) Funding vehicle identification number;

(8) Funeral recipient last name;

(9) Funeral recipient first name;

(10) Purchaser last name;

(11) Purchaser first name;

(12) Purchaser address;

(13) Purchaser city;

(14) Purchaser state;

(15) Purchaser zip code;

(16) Purchaser telephone number;

(17) Any other information deemed necessary to be required by the board.

Last updated October 2, 2023 at 12:14 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-08 Reporting requirements.

The funeral director actually in charge or institutional depositor reporting to the automated reporting and payment system shall submit a report on a quarterly basis as follows:

(A) Calendar quarterly reporting

(1) First quarter: January first through March thirty-first

Mandatory reporting period for first quarter April first through May thirty-first

(2) Second quarter: April first through June thirtieth

Mandatory reporting period for second quarter July first through August thirtieth

(3) Third quarter: July first through September thirtieth

Mandatory reporting period for third quarter October first through November thirtieth

(4) Fourth quarter: October first through December thirty-first

Mandatory reporting period for fourth quarter January first through March first

(B) The quarterly reporting requirement for the preneed recovery fund established by the board does not replace or eliminate the annual reporting requirement as described under Chapter 4717-10 of the Administrative Code.

(C) In the event that a funeral director actually in charge or institutional depositor cannot electronically submit a report using the automated reporting and payment system, the licensee shall immediately contact the board to determine a mutually acceptable method of reporting. The licensee or institutional depositor must document in writing to the board the reasons that caused inability to submit the required information.

Last updated May 20, 2022 at 3:36 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-09 Fund deposits.

(A) For the quarter beginning October 1, 2017, and each quarter thereafter, the following amounts shall be paid to the fund by the funeral director actually in charge or institutional depositor:

(1) Ten dollars for each preneed funeral contract sold in the state until the balance of the fund exceeds two million dollars at the end of any fiscal year;

(2) Where the fund exceeds two million dollars at the end of a fiscal year, the amount shall be reduced to five dollars for each preneed funeral contract sold in the state until the fund balance of the fund exceeds three million dollars at the end of any fiscal year.

(B) The deposits required by this section shall be suspended when the balance of the fund exceeds three million dollars at the end of any fiscal year.

(C) Quarterly reporting and payment to the fund shall be made by the funeral director actually in charge or institutional depositor using the automated reporting and preneed payment system.

(D) The funeral director actually in charge or institutional depositor shall continue to submit quarterly reports during periods where deposits to the fund are suspended for the upcoming fiscal year.

(E) The fee authorized under section 4717.41 of the Revised Code is not direct payment prohibited under section 4717.35 and division (C) of section 4717.36 of the Revised Code and may be collected by a funeral director or funeral home.

Last updated October 2, 2023 at 12:15 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-10 Record keeping.

(A) Every funeral director and funeral home shall allow for inspection and retain all preneed records in accordance with rule 4717-13-01 of the Administrative Code.

(B) Every funeral director and funeral home shall store records of preneed funeral contracts in a secure location in an office or readily accessible computer located in the actual business and in a uniform manner that is readily available and can be promptly produced upon request by the board or an administrator of the fund.

(C) Every funeral director and funeral home shall keep and maintain, at a minimum, accurate accounts, books, and records.

(D) Where a preneed funeral contract is funded by an insurance policy, trust, or annuity, a funeral home or funeral director shall produce records relating to preneed funeral contracts within three working days upon request by the board.

(E) The accounts, books, and records kept by the funeral director or funeral home shall include the contents required pursuant to section 4717.32 of the Revised Code and the following:

(1) The dates and amounts of payments made and accepted;

(2) Copies of all agreements.

(F) It is the responsibility of a funeral director actually in charge to maintain compliance with this rule.

Last updated October 2, 2023 at 12:15 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-13-01

Every crematory, embalming facility and funeral home licensed by the board shall make its records available for inspection to the board or the board's agents during reasonable hours.

Last updated May 20, 2022 at 3:36 PM

History

Effective: April 10, 2011
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-11 Fund administrator.

(A) If the board establishes and maintains an automated reporting and payment system to carry out the duties as described under section 4717.41 of the Revised Code, the executive director of the board may do all of the following:

(1) Employ an administrator who is responsible for operating and managing the fund in accordance with the Administrative Code and section 4717.41 of the Revised Code;

(2) Fix the compensation of the administrator.

(B) The administrator of the fund shall have the following duties:

(1) Management of the monies that become available in the fund;

(2) Supervision and review of all claims for reimbursement submitted to the board;

(3) Enforcement of any claims for reimbursement made under this fund;

(4) Conduct audits of any preneed funeral contracts sold in this state and subject to reporting to the fund;

(5) Processing and payment of valid claims for reimbursement; and

(6) Any other duties necessary to carry out the administration of the fund.

Last updated October 2, 2023 at 12:15 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-12 Investigation of reimbursement claims.

(A) The board shall enforce, or cause to be enforced, section 4717.41 of the Revised Code or any rules adopted thereunder and take such action as it considers appropriate.

(B) A claim for reimbursement shall be submitted to the board and the board shall investigate all application claims for reimbursement.

(C) The board may inspect, copy, or retain any record relevant to the claim for reimbursement and examine the affairs of any funeral director actually in charge or funeral home whenever it is deemed appropriate to do so. The board may request additional documentation relevant to the claim for reimbursement.

Last updated October 2, 2023 at 12:15 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-13 Application for reimbursement.

(A) The board shall create an application form for reimbursement which shall be submitted to the board office and require the following information:

(1) The name, address, and contact information of the applicant;

(2) The name, address, and contact information of the funeral home or funeral director, or both, who caused the loss;

(3) The amount of the alleged loss for which the application for reimbursement is made;

(4) A copy of the preneed funeral contract or written agreement which was the basis of the alleged loss;

(5) If the individual seeking reimbursement is deceased, a copy of the death certificate of the funeral recipient;

(6) Relationship to the funeral recipient;

(7) If applicable, a copy of the right of disposition;

(8) A general statement of the relevant facts causing the application for reimbursement;

(9) Supporting documents, including copies of court proceedings and other papers indicating the efforts of the applicant to obtain reimbursement from the provider, insurance companies, or others, any reimbursement received from the provider, insurance companies, or other funeral home;

(10) If applicable, the name and address of the funeral home that carried out the contract and provided services or merchandise or both following the loss;

(11) If applicable, proof of payment for the new preneed funeral contract;

(12) If applicable, name of the individual or individuals who purchased or contributed to the purchase of the new preneed funeral contract;

(13) If applicable, the name and address of the funeral home where a new preneed funeral contract was purchased following the loss from the initial contract.

(B) An applicant with multiple claims shall submit an application for reimbursement for each claim and include the information required by the board.

(C) Applicants with multiple individuals contributing to payment of a preneed contract shall submit one application for reimbursement and include the name of each individual that contributed to payment for the contract.

Last updated October 2, 2023 at 12:15 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-14 Reimbursement.

(A) Reimbursement shall be issued for deaths occurring after September 29, 2017 on any contract or agreement that is in effect before or after this date.

(B) Reimbursements from the fund, if any, shall be determined by the board.

(D) Reimbursements will be processed in the order in which they are received and are subject to the availability of monies in the fund. The board may determine the order and manner of payment of approved applications and may reject or allow claims in whole or in part. A rejection is final and no further consideration shall be given by the board to the application or to another application based upon the same alleged facts.

(E) Reimbursement shall only be made after the applicant submits a completed application and the board verifies the claim is valid.

(F) Reimbursement may be made to the applicant who suffered the loss, the estate of the funeral recipient, the purchaser, or assigned to the funeral home or funeral director who provided services or merchandise or both following the loss. A funeral home or funeral director shall not apply or seek reimbursement from the fund.

(G) All reimbursements of losses from the fund shall be a matter of privilege in the sole discretion of the board and not a matter of right.

Last updated October 2, 2023 at 12:15 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-15 Subrogation.

(A) In the event reimbursement is made to an applicant under this section, the board shall be subrogated in the reimbursed amount and may bring any action the board deems appropriate for the recovery fund, including against a licensee.

(B) In pursuing a subrogation claim as authorized under section 4717.41 of the Revised Code, the board may require the reimbursed applicant to execute a subrogation agreement, providing for, among other things, that the action may be brought in the name of the applicant. Any amounts recovered by the board in excess of the amount to which the fund is subrogated, less the board's actual costs of recovery, shall be paid to or retained by the reimbursed applicant as the case may be.

Last updated October 2, 2023 at 12:15 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-16 Requests and release of records.

(A) The board may provide information from the automated reporting and payment system in accordance with the following:

(1) Upon receipt of a request from a funeral recipient of a preneed funeral contract seeking information on the funeral recipient's own contract or the purchaser of a preneed funeral contract seeking information on the preneed funeral contract purchased;

(2) Upon receipt of a request from a funeral director actually in charge or funeral home seeking its own information;

(3) Pursuant to a subpoena issued by a grand jury, the board shall provide to the grand jury information from the automated reporting and payment system relating to the person who is the subject of an investigation;

(4) Pursuant to a subpoena, search warrant, or court order in connection with the investigation or prosecution of a possible or alleged criminal offense, the board shall provide information from the automated reporting and payment system as necessary to comply with the subpoena, search warrant, or court order.

(B) The board may provide information from the automated reporting and payment system to the following:

(1) The funeral recipient of a preneed funeral contract or purchaser of a contract requesting the information;

(2) The funeral director actually in charge who is employed by the funeral home requesting the information;

(3) Upon notice of the death or impending death of the funeral recipient to a government official, hospital, nursing facilities, next of kin, appointed representative(s) with the right of disposition of the funeral recipient or a funeral services provider that is seeking to obtain preneed funeral contract information for the specific purpose to facilitate final disposition of the funeral recipient upon or following the death;

(4) A federal officer, or state or local officer of this or any other state, who is involved in an active investigation being conducted by the officer's employing government entity of the individual who submitted the request for the information.

Last updated October 2, 2023 at 12:15 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-14-17 Annual preneed recovery fund report.

The board shall prepare and submit a financial report on the activity of the fund each year after the fiscal year.

Last updated October 2, 2023 at 12:15 PM

History

Effective: January 6, 2018
Promulgated Under: 119.03

Chapter 4717-15 Crematory Operator

Ohio Adm.Code 4717-15-01 Crematory Operator Permit.

Pursuant to section 4717.051 of the Revised Code, an individual seeking an initial crematory operator permit on January 1, 2019 shall submit the following to the board:

(A) Evidence of a board approved crematory operation certification program completed on or after January 1, 2014 or evidence of expiration of a board approved crematory operation certification program within the last twenty-four months; and

(B) Within the last twenty-four months, evidence of a completed two hour course of laws and rules relevant to this state and specific to crematory operation.

Last updated October 2, 2023 at 12:16 PM

History

Effective: May 24, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-15-02 Renewal of crematory operator permit.

A crematory operator permit issued by the board shall be renewed in accordance with division (A) of section 4717.08 of the Revised Code and division (D) of section 4717.09 of the Revised Code after demonstrating proof to the board the following requirements:

(A) An unexpired and active certification from a board approved crematory operation certification program or in the case of renewal, a board approved crematory operator permit refresher course completion certificate; and

In the event the governor has declared a state of emergency, the board of embalmers and funeral directors may extend the validity of a crematory operation certification program through the period of the declared emergency, and up to one year from the end of the declared emergency.

(B) Within the last twenty-four months, successful completion of a two hour course consisting of laws and rules relevant to this state and specific to crematory operation.

Last updated October 2, 2023 at 12:16 PM

History

Effective: October 15, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4717-15-03 Board approved certification process for crematory operation certification programs.

(A) A board approved crematory operation certification program required in division (A)(3) of section 4717.051 of the Revised Code means the following:

A certification program submitted to the board for review and approval that is approved by vote of the board.

(B) The board, after reviewing the crematory operation certification program procedures and materials, may approve the program or return it to the provider for revision. If a certification program is returned for revision, the board will indicate the reasons for the denial and the crematory operation certification program may not be offered by the provider until approved by the board.

(C) A certificate of completion issued by a board approved crematory operation certification program provider is valid for a five-year period.

Last updated October 2, 2023 at 12:16 PM

History

Effective: February 18, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4717-15-04 Crematory operation certification program requirements.

(A) As used in this division:

"Crematory Operation Certification Program" means a program approved by the board that includes all of the minimum requirements set by the board and a two hour course on laws and rules relevant to this state and specific to crematory operation. The two hour course may be joined with a program that includes the minimum requirements set by the board.

(B) A crematory operation certification program approved by the board must address with the appropriate depth and competencies required for a crematory operator to safely and effectively work in a cremation facility and shall include at a minimum each of the following required topics:

(1) Cremation equipment and maintenance;

(2) Overview of the cremation process;

(3) Combustion and incineration;

(4) Shipping, receiving, tracking, and handling of remains;

(5) Cremation safety and compliance;

(6) Identification procedures and due diligence;

(7) Record keeping;

(8) Risks of liability;

(9) Environmental laws and regulations;

(10) Occupational safety and health administration laws and regulations (OSHA).

Last updated October 2, 2023 at 12:16 PM

History

Effective: May 24, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-15-05 Crematory operator permit education.

(A) Pursuant to section 4717.051 of the Revised Code, each person authorized by permit to practice in this state as a crematory operator shall attend a two hour course on law and rules for the twenty-four month compliance period ending December 31, 2018 and every two years thereafter. The two hour course shall consist of laws and rules relevant to this state and specific to crematory operation.

(B) Completion of the two hour course satisfies the requirement set forth in paragraph (H)(3) of rule 4717-9-01 of the Administrative Code and may count toward renewal for an individual licensed under Chapter 4717. of the Revised Code.

Last updated October 2, 2023 at 12:16 PM

History

Effective: May 24, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-9-01

(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:

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

(G) A minimum of six hours of continuing education shall be fulfilled 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),

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

(L) 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.

Last updated May 20, 2022 at 3:36 PM

History

Effective: October 15, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4717-15-06 Crematory operator permit identification card and display.

A holder of a crematory operator permit shall display the permit in a conspicuous place within the facility.

Last updated October 2, 2023 at 12:16 PM

History

Effective: May 24, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-15-07 Crematory Operator Permit Refresher Course.

(A) As used in this rule:

"Crematory Operator Permit Refresher Course" means a program approved by the board that includes all of the minimum requirements set by the board in paragraph (B) of rule 4717-15-04 of the Administrative Code and a two hour course on laws and rules relevant to this state and specific to crematory operation. The two hour course may be joined with a program that includes the minimum requirements set by the board.

"Board approval" means a program submitted to the board for review and approval that is approved by vote of the board.

(B) Completion of the crematory operator permit refresher course satisfies the active certification requirement as a condition for renewal set forth in division (D) of section 4717.09 of the Revised Code.

(D) After review of the crematory operator permit refresher course program procedures and materials, the board may approve the program or return it to the provider for revision. If a certification program has been returned for revision, the board will indicate the reasons for the denial and the crematory operator permit refresher course may not be offered by the provider until approved by the board.

Last updated October 2, 2023 at 12:17 PM

History

Effective: February 18, 2020
Promulgated Under: 119.03

Chapter 4717-16 Existing Facility Name Transfer

Ohio Adm.Code 4717-16-01 Existing Facility Name Transfer.

An existing facility issued a license under section 4717.06 of the Revised Code may transfer its existing name previously approved by the board to a new facility after complying with the following:

(A) The applicant submits a new application on a form prescribed by the board and include the appropriate license fee required under section 4717.07 of the Revised Code;

(B) The applicant demonstrates compliance with rule 4717-7-02 , 4717-7-04 or 4717-05 of the Administrative Code; and

History

Effective: May 24, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4717-7-02

(B) The board shall approve the application for funeral home license, if appropriate, contingent upon the receipt of an occupancy permit and inspection.

(1) A funeral director actually in charge of and ultimately responsible for the funeral home is identified;

(D) A license shall not be issued to a funeral home until the funeral home meets the following requirements:

(a) Sanitary floor;

(d) Exhaust fan and intake vent, permanently installed and operable with the capacity to change the air in the room at least fifteen times each hour;

(e) Sanitary plumbing connected with sewer, cesspool, septic tank, or other department of health approved system;

(f) Porcelain, stainless steel; metal-lined or fiberglass operating table;

(g) All opening windows and outside doors shall be adequately screened and shielded from outside viewing;

(h) All hydro-aspirators or electric aspirators shall be equipped with at least one air breaker;

(i) Containers for refuse, trash and soiled linens shall be adequately covered or sealed at all times;

(j) First-aid kit and eyewash;

(l) All waste materials, refuse, used bandages and cotton shall be destroyed in accordance with all applicable OSHA and EPA regulations;

(n) All bodies in the preparation room shall be treated with proper care and dignity and shall be properly covered at all times;

(o) Ingress and egress of the preparation room shall be situated so that functions in the funeral home will not impede or interfere with entering or exiting said room; and

(p) Sufficient emergency lighting.

(a) Sanitary floor;

(b) Running hot and cold water with a sink for personal hygiene;

(d) Containers for refuse, trash and soiled linens shall be adequately covered or sealed at all times;

(f) All bodies in the holding room shall be treated with proper care and dignity and shall be properly covered at all times;

(g) Ingress and egress of the holding room shall be situated so that functions in the funeral home will not impede or interfere with entering or exiting said room; and

(h) If the holding room is equipped with a hydro-aspirator or electric aspirator, the aspirator shall be equipped with at least one air breaker.

(F) Upon receipt of the occupancy permit and prior to the opening of the funeral home, the board, any member thereof, or its duly authorized inspector shall inspect such funeral home.

(G) The funeral home license shall be effective upon the completion of the inspection and approval by the inspector.

(I) License display

(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.

(3) The funeral home facility license shall be displayed in a conspicuous place within the funeral home.

(J) Actually in charge and ultimately responsibly sign

(L) The board shall have the right to examine the funeral home location for which a funeral home license application has been filed.

Last updated May 20, 2022 at 3:36 PM

History

Effective: January 10, 2019
Promulgated Under: 119.03

Chapter 4717-17 Indigent Burial and Cremation

Ohio Adm.Code 4717-17-01 Definitions.

As used in this chapter of the Administrative Code:

(A) "Local government entity" means any municipal corporation, village, or city as defined in sections 703.01 and 703.11 of the Revised Code and any township.

(B) "Indigent person" has the same meaning as section 9.15 of the Revised Code.

(C) "Authorized representative or designee" means an individual who stands in the place of the local government entity. The authorized representative or designee may act on behalf of the local government entity.

(D) "Costs of providing burials and cremations" means the actual costs charged or contracted to perform final disposition.

(E) "Fiscal year" means July first through June thirtieth of every calendar year.

Last updated October 2, 2023 at 12:17 PM

History

Effective: December 2, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4717-17-02 Purpose.

The indigent burial and cremation support program shall be used to reimburse local government entities for the cost of providing burials or cremations to indigent deceased persons.

Last updated October 2, 2023 at 12:17 PM

History

Effective: December 2, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4717-17-03 Reimbursement Application Form.

(A) An applicant shall provide the following information, if applicable, on the reimbursement application form:

(1) Name of the deceased;

(2) Decedent's address at the time of death;

(3) Date of birth;

(4) Date of death;

(5) Place of death;

(6) Race/nationality;

(7) Supplier identification number or federal identification number;

(8) Township or municipal corporation name;

(9) Name of authorized representative or designee submitting the application;

(10) Daytime telephone number;

(11) Email address;

(12) Disposition method;

(13) Date of burial or cremation;

(14) County;

(15) Zip code;

(16) Cost of burial or cremation;

(17) Date of burial transit permit or disposition permit;

(18) Name of licensed funeral director that performed disposition;

(19) Name of the cemetery or place of interment;

(20) Name of funeral home;

(21) Total reimbursement claim amount.

(B) An original or legible copy of the following documents, if applicable, shall be attached and submitted with the reimbursement application form:

(1) An affidavit or statement of indigency status determined by the local government entity;

(2) A statement of goods and services from the licensed funeral director;

(3) Receipts of charges and payments for goods and services;

(4) The cremation authorization form;

(5) The burial transit or disposition permit;

(6) If applicable, the contract or formal agreement between the local government entity and the funeral home to perform final disposition of indigent persons for the local government entity.

(C) When there is a dispute or question relating to the application, the board shall contact the local government entity, its authorized representative, or designee.

(D) The local government entity, its authorized representative, or designee shall submit the reimbursement application form to the board by electronic mail or mail.

Last updated October 2, 2023 at 12:17 PM

History

Effective: February 18, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4717-17-04 Eligibility Requirements.

(A) The local government entity shall make the determination of the indigent status of the deceased person.

(B) Upon burial or cremation of an indigent person pursuant to section 9.15 of the Revised Code, a local government entity is eligible for reimbursement for the cost of providing burial or cremation following:

(1) Successful completion of the reimbursement application form as required under rule 4717-17-03 of the Administrative Code; and

(2) Timely submission of the reimbursement application form as required under rule 4717-17-05 of the Administrative Code.

(C) A local government entity, its authorized representative, or designee that submits an incomplete application will be notified of the incomplete status.

(D) The board will deny an incomplete application if the local government entity, its authorized representative, or designee fails to remedy and resubmit the application. An application that is denied shall include a notice providing the reason for the denial. An application that is denied is no longer eligible for reimbursement.

(E) The local government entity, its authorized representative, or designee may voluntarily withdraw the application for reimbursement at any time before the board determines eligibility.

(F) Falsification or misrepresentation of any application or document submitted to the board for reimbursement will disqualify and render the local government entity permanently ineligible to seek reimbursement.

(G) A licensed funeral director, embalmer, or crematory operator permit holder shall not aid a local government entity, its authorized representative, or designee in providing false or misleading documents to the board to secure reimbursement. Such conduct constitutes unprofessional conduct under Chapter 4717-8 of the Administrative Code.

Last updated October 2, 2023 at 12:17 PM

History

Effective: December 2, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4717-17-05

(A) Reimbursement applications shall be submitted to the board no later than sixty days after the date of issuance of the burial transit permit or disposition permit except for burial transit permits or disposition permits that are issued from March sixteenth through the end of the fiscal year. Reimbursement applications with a burial transit permit or disposition permit issued March sixteenth and thereafter shall be submitted to the board by May sixteenth. Reimbursement applications submitted after May sixteenth will continue to be accepted through the end of the fiscal year and are subject to the availability of funds.

(B) The date of application is the date the board receives the completed application. When the completed application is mailed and received after the deadline and that deadline falls on a Sunday or legal holiday, the date of application shall be the next business day and deemed timely.

History

Effective: February 18, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4717-17-06 Reimbursements.

(A) The board is authorized to reimburse local government entities when such entity has satisfied the requirements set forth in paragraph (B) of rule 4717-17-04 of the Administrative Code.

(B) Subject to the availability of funds, the board shall provide reimbursement as authorized by paragraph (A) of this rule for the costs of providing burials or cremations to indigent persons at the uniform rates or uniform amounts or prescribed method determined by the board.

(C) Reimbursements shall not exceed one thousand dollars for an adult or seven hundred fifty dollars for a child. For the purposes of this chapter, a deceased is classified as an adult if age tweleve and over and as a child if the age of eleven and under.

(D) The recommendation for denial, approval, and reimbursement is at the discretion of the board or its designee based upon the eligibility, application, allotments, and availability of funds.

(E) Denial of a claim is final and does not create administrative appeal rights under Chapter 119. of the Revised Code.

(F) The board shall not issue reimbursement to a local government entity not registered as a supplier with the state in the Ohio administrative knowledge system.

(G) Reimbursement shall be via electronic funds transfer to the bank account that the local government entity registered with the state as a supplier for receipt of reimbursement in the Ohio administrative knowledge system or by way of check in the name of the payee the local government entity registered as a supplier for receipt of reimbursement in the Ohio administrative knowledge system.

Last updated October 2, 2023 at 12:17 PM

History

Effective: December 2, 2019
Promulgated Under: 119.03