reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-2 - Powers and Duties › Section 4717-2-02 - Committees of the board

Current through all regulations passed and filed through July 1, 2024
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.
Replaces: 4717-1-04
Effective: 4/10/2011
Five Year Review
				(FYR) Dates: 03/27/2017 and
				04/05/2017
Promulgated
				Under: 119.03
Statutory
				Authority: 4717.04
Rule
				Amplifies: 4717.03
Prior
				Effective Dates: 12/23/71, 1/1/01
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-2 - Powers and Duties › Section 4717-2-03 - Duties of the officers

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-2 - Powers and Duties › Section 4717-2-04 - Crematory Review Board

Current through all regulations passed and filed through July 1, 2024
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.
Replaces: 4717-1-26
Effective: 4/10/2011
Five Year Review
				(FYR) Dates: 03/27/2017 and
				04/05/2017
Promulgated
				Under: 119.03
Statutory
				Authority: 4717.04
Rule
				Amplifies: 4717.03
Prior
				Effective Dates: 1/1/01, 11/10/05
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-2 - Powers and Duties › Section 4717-2-05 - Personal information system

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-3 - Fees and Charges › Section 4717-3-01 - Fees and charges

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-4 - Licenses › Section 4717-4-01 - Requirements for embalmer's license

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-4 - Licenses › Section 4717-4-02 - Requirements for reciprocal embalmer's license

Current through all regulations passed and filed through July 1, 2024
(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;
(c) Evidence of completion of an embalmer's
			 apprenticeship
(d) Verification of
			 current licensure in another state.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-4 - Licenses › Section 4717-4-03 - Requirements for funeral director's license in combination with an embalmer's license

Current through all regulations passed and filed through July 1, 2024
(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.
(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 a
			 certificate of funeral director/ embalmer registration.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-4 - Licenses › Section 4717-4-04 - Requirements for funeral director's license without an embalmer's license

Current through all regulations passed and filed through July 1, 2024
(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.
(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.
(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 a
			 certificate of funeral director's registration.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-4 - Licenses › Section 4717-4-05 - Requirements for reciprocal funeral director's license

Current through all regulations passed and filed through July 1, 2024
(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 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;
(c) Verification of current licensure in
			 another state.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-5 - Masters and Apprentices › Section 4717-5-01 - Apprenticeship

Current through all regulations passed and filed through July 1, 2024
(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.
(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 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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-5 - Masters and Apprentices › Section 4717-5-02 - Master embalmer and master funeral director training program requirements

Current through all regulations passed and filed through July 1, 2024
(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 5 years.
(1)
									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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-5 - Masters and Apprentices › Section 4717-5-03 - Master embalmer and master funeral director

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-5 - Masters and Apprentices › Section 4717-5-04 - Apprentice licensed as an insurance agent

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-6 - Examinations › Section 4717-6-01 - Embalmer's examination and subjects

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-6 - Examinations › Section 4717-6-02 - Funeral directors' examination and subjects

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-7 - Requirements for Licenses › Section 4717-7-01 - Fixed place or location and general requirements for licensure of funeral homes and embalming facilities

Current through all regulations passed and filed through July 1, 2024
(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.
Effective: 6/19/2017
Five Year
				Review (FYR) Dates: 03/27/2017 and
				06/19/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4717.04
Rule
				Amplifies: 4717.06
Prior
				Effective Dates: 6/19/74, 3/12/79, 1/1/84, 1/1/86, 7/1/87, 1/1/01,
				4/10/11
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-7 - Requirements for Licenses › Section 4717-7-02 - Requirements for funeral home licensure

Current through all regulations passed and filed through July 1, 2024
(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.
(C) A license shall not be issued to a
			 funeral home until the following management requirements are met:
(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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-7 - Requirements for Licenses › Section 4717-7-03 - Sale or disposition of existing funeral home

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-7 - Requirements for Licenses › Section 4717-7-06 - Sale or disposition of exisiting embalming facility

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-7 - Requirements for Licenses › Section 4717-7-07 - Sale or disposition of existing crematory facility

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-9 - Continuing Education › Section 4717-9-01 - Continuing education requirements

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-9 - Continuing Education › Section 4717-9-02 - Exemptions or waivers from continuing education

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-9 - Continuing Education › Section 4717-9-03 - Continuing education audit requirements

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-9 - Continuing Education › Section 4717-9-04 - Online continuing education

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-9 - Continuing Education › Section 4717-9-05 - Webinar continuing education

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-10 - Preneed Funeral Contract Annual Report › Section 4717-10-01 - Preneed funeral contract annual report

Current through all regulations passed and filed through July 1, 2024
(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-firstday 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.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-11 - Summary Suspension › Section 4717-11-01 - Summary suspension

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