Ohio § 4717.04

§ 4717.04.

(A) The board of embalmers and funeral directors shall adopt rules in accordance with

Chapter 119. of the Revised Code for the government, transaction of the business,

and the management of the affairs of the board of embalmers and funeral directors

and the crematory review board, and for the administration and enforcement of this

chapter.  These rules shall include all of the following: (1) The nature, scope, content, and form of the application that must be completed and

license examination that must be passed in order to receive an embalmer's license

or a funeral director's license under section 4717.05 of the Revised Code .  The rules shall ensure both of the following: (a) That the embalmer's license examination tests the applicant's knowledge through at

least a comprehensive section and an Ohio laws section; (b) That the funeral director's license examination tests the applicant's knowledge through

at least a comprehensive section, an Ohio laws section, and a sanitation section. (2) The minimum license examination score necessary to be licensed under section 4717.05 of the Revised Code as an embalmer or as a funeral director; (3) Procedures for determining the dates of the embalmer's and funeral director's license

examinations, which shall be administered at least once each year, the time and place

of each examination, and the supervision required for each examination; (4) Procedures for determining whether the board shall accept an applicant's compliance

with the licensure, registration, or certification requirements of another state as

grounds for granting the applicant a license under this chapter; (5) A determination of whether completion of a nationally recognized embalmer's or funeral

director's examination sufficiently meets the license requirements for the comprehensive

section of either the embalmer's or the funeral director's license examination administered

under this chapter; (6) Continuing education requirements for licensed embalmers and funeral directors; (7) Requirements for the licensing and operation of funeral homes; (8) Requirements for the licensing and operation of embalming facilities; (9) A schedule that lists, and specifies a forfeiture commensurate with, each of the

following types of conduct which, for the purposes of division (A)(9) of this section

and section 4717.15 of the Revised Code , are violations of this chapter: (a) Obtaining a license under this chapter by fraud or misrepresentation either in the

application or in passing the required examination for the license; (b) 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;

 division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions (H)

to (K) of section 4717.26;  division (D)(1) of section 4717.27;  or divisions (A) to (C) of section 4717.28 of the Revised Code ; (c) Committing unprofessional conduct; (d) 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; (e) Refusing to promptly submit the custody of a dead human body or cremated remains

upon the express order of the person legally entitled to the body; (f) 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 and following the requirements of section 4717.11 of the Revised Code ; (g) Misleading the public using false or deceptive advertising; (h) Failing to forward to the board on or before its due date the annual report of preneed

funeral sales required by division (J) of section 4717.31 of the Revised Code .  If the annual report is sent to the board by United States mail, it shall be postmarked

on or before the due date for the submission of the annual report in order to be timely

filed with the board.  Mail that is not postmarked shall be considered filed on the date it is received

by the board. Each instance of the commission of any of the types of conduct described in division

(A)(9) of this section is a separate violation.  The rules adopted under division (A)(9) of this section shall establish the amount

of the forfeiture for a violation of each of those divisions.  The forfeiture for a first violation shall not exceed five thousand dollars, and

the forfeiture for a second or subsequent violation shall not exceed ten thousand

dollars.  The amount of the forfeiture may differ among the types of violations according

to what the board considers the seriousness of each violation. (10) Requirements for the licensing and operation of crematory facilities; (11) Procedures for the board to take possession of and to arrange the lawful disposition

of unclaimed cremated remains that were held or stored at a funeral home or crematory

that has been closed; (12) Procedures for the issuance of duplicate licenses; (13) Requirements for criminal records checks of applicants under section 4776.03 of the Revised Code ; (14) The amount and content of corrective action courses required by the board under section 4717.14 of the Revised Code . (B) The board may adopt rules governing the educational standards for licensure as an

embalmer or funeral director, or obtaining a permit to be a crematory operator, and

the standards of service and practice to be followed in embalming, funeral directing,

and cremation, and in the operation of funeral homes, embalming facilities, and crematory

facilities in this state. (C) Nothing in this chapter authorizes the board of embalmers and funeral directors to

regulate cemeteries, except that the board shall license and regulate funeral homes,

embalming facilities, and crematory facilities located at cemeteries in accordance

with this chapter. (D) If the executive director of the board has knowledge or notice of a violation of

division (A)(1), (3), (5), or (6) of section 4717.13 of the Revised Code or that a

person is engaging in the business or profession of funeral directing in violation

of division (A)(14) of that section, the executive director shall notify the appropriate

law enforcement authority for investigation.