Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-8 - Unprofessional Conduct › Section 4717-8-01 - Unprofessional conduct

Current through all regulations passed and filed through July 1, 2024
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.