Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-1 - General Provisions › Section 4717-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
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.
(C) "Board" means the board
			 of embalmers and funeral directors.
(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.