Ohio Administrative Code Title 4717 - Board of Embalmers and Funeral Directors
Ohio Administrative Code Title 4717 – Board of Embalmers and Funeral Directors
Overview
Title 4717 of the Ohio Administrative Code (OAC) governs the Board of Embalmers and Funeral Directors, which regulates the funeral service profession in Ohio. This includes embalmers, funeral directors, funeral homes, crematories, and related apprenticeships. The Ohio Board of Embalmers and Funeral Directors (BEFD) ensures that those involved in the handling of human remains do so professionally, ethically, and legally, while protecting the dignity of the deceased and the interests of the public.
Statutory Authority
The Board operates under Chapter 4717 of the Ohio Revised Code.
OAC Title 4717 provides detailed administrative rules to implement and enforce the statutory provisions.
Purpose of the Board
To license and regulate funeral directors, embalmers, and related facilities.
To ensure ethical conduct in handling the deceased.
To protect consumers by overseeing standards for pre-need funeral contracts, embalming, and cremation.
To enforce compliance and discipline for violations.
Key Provisions of OAC Title 4717
1. Licensing and Registration
Funeral Directors and Embalmers
Must complete approved educational programs (mortuary science).
Must pass a national board exam and a state jurisprudence exam.
Required to complete a one-year apprenticeship under supervision.
Must be of good moral character and have no disqualifying criminal history.
Facilities
Funeral homes and crematories must be licensed and inspected regularly.
Each funeral home must have a licensed funeral director in charge.
Crematory Operators
Must be certified and follow strict operational, documentation, and identification procedures.
2. Apprenticeship Requirements
Apprentice embalmers and funeral directors must be registered with the Board.
They must complete practical work under the supervision of a licensed professional.
Documentation of cases and quarterly reports must be submitted.
There are limits on the number of apprentices one licensee can supervise.
3. Continuing Education
Licensed embalmers and funeral directors are required to complete continuing education (CE) for license renewal.
CE topics must be Board-approved and often include ethics, regulatory updates, or public health topics.
Failure to comply can result in non-renewal or disciplinary action.
4. Practice Standards and Conduct
Establishes professional conduct expectations including:
Honesty in pricing and contracts,
Proper handling and identification of remains,
Timely filing of death certificates,
Respectful treatment of families and the deceased.
Prohibits deceptive advertising, misrepresentation of services, and unlicensed practice.
5. Cremation Regulations
Chain of custody must be documented from receipt to final disposition.
Crematories must keep detailed logbooks, authorizations, and operating procedures.
Mandates clear procedures for identification of remains and handling of ashes.
6. Disciplinary Actions
The Board may take disciplinary action for:
Fraud or misrepresentation,
Gross negligence or incompetence,
Violation of public health laws,
Conviction of certain crimes,
Failure to maintain proper records or facilities.
Sanctions include:
Fines,
Suspension or revocation of licenses,
Probation,
Mandatory retraining or education.
Disciplinary actions follow due process, including notice, the right to a hearing, and the right to appeal.
Relevant Ohio Case Law
⚖ Case 1: In re Disciplinary Action Against Smith Funeral Home,
2011 Ohio App. LEXIS 328
Facts: The Board revoked a funeral home’s license after finding it had mishandled remains and failed to obtain proper authorizations.
Holding: The court upheld the revocation, emphasizing the Board’s role in protecting public trust and safety.
Significance: Reinforces the Board's authority to discipline based on improper handling of human remains.
⚖ Case 2: State ex rel. Jones v. Ohio Board of Embalmers,
2014 Ohio App. LEXIS 2257
Facts: A funeral director challenged the Board’s denial of license renewal due to a lapse in continuing education credits.
Holding: The court ruled in favor of the Board, stating that compliance with CE requirements was clearly mandatory and the licensee had been given adequate notice.
Significance: Confirms the Board’s strict enforcement of continuing education as a condition of renewal.
⚖ Case 3: Doe v. Board of Embalmers and Funeral Directors,
2018 Ohio App. LEXIS 921
Facts: An apprentice alleged unfair treatment and lack of due process in their license denial after misconduct was reported.
Holding: The court ruled the Board had followed appropriate procedures and the decision was based on sufficient evidence.
Significance: Supports the Board’s discretion in denying licensure for character-related concerns, as long as proper procedure is followed.
Practical Implications
For Funeral Professionals:
Strict compliance with education, licensing, CE, and ethical standards is required.
Documentation and recordkeeping are critical, especially in cremation and pre-need contracts.
Awareness of advertising rules and consumer protection laws is essential.
For Consumers:
The Board serves as a public watchdog, offering avenues for complaint resolution and oversight of funeral providers.
Regulations ensure dignity, transparency, and professionalism in funeral services.
For Legal Professionals:
Legal representation before the Board must consider administrative law, due process, and professional ethics.
Advising clients on compliance and documentation is key in preventing disciplinary actions.
Summary
Ohio Administrative Code Title 4717 provides the framework for licensing, regulation, and discipline of the funeral service industry in Ohio. Administered by the Board of Embalmers and Funeral Directors, it enforces high standards for professional practice, ethical conduct, and consumer protection. Ohio courts have upheld the Board’s authority and procedures, provided licensees are afforded due process.
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