Ohio Code 4717.11 – Change of ownership or location of facility
(A)(1) A person who is licensed to operate a funeral home shall surrender that person’s license to operate a funeral home within thirty days after a change in any of the following:
Terms Used In Ohio Code 4717.11
- Crematory: means the building or portion of a building that houses the holding facility and the cremation chamber. See Ohio Code 4717.01
- Crematory facility: means the physical location at which a cremation chamber is located and the cremation process takes place. See Ohio Code 4717.01
- Crematory operator: means the person who engages, in whole or in part, in cremation from one or more crematories licensed under this chapter and who has been issued a crematory operator permit under this chapter. See Ohio Code 4717.01
- Embalmer: means a person who engages, in whole or in part, in embalming and who is licensed under this chapter. See Ohio Code 4717.01
- Embalming: means the process of chemically treating the dead human body by any of the following to reduce the presence and growth of microorganisms, to temporarily slow organic decomposition, and to restore acceptable physical appearance:
(1) Arterial injection;
(2) Cavity treatment;
(3) Hypodermic tissue injection. See Ohio Code 4717.01
- Embalming facility: means a fixed location, separate from the funeral home, that is licensed under this chapter whose only function is the embalming and preparation of dead human bodies. See Ohio Code 4717.01
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Funeral business: means a sole proprietorship, partnership, corporation, limited liability company, or other business entity that is engaged in funeral directing for profit or for free from one or more funeral homes licensed under this chapter. See Ohio Code 4717.01
- Funeral director: means a person who engages, in whole or in part, in funeral directing and who is licensed under this chapter. See Ohio Code 4717.01
- Funeral home: means a fixed place for the care, preparation for burial, or disposition of dead human bodies or the conducting of funerals. See Ohio Code 4717.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(a) The location of the funeral home;
(b) The person who is actually in charge and ultimately responsible for the funeral home;
(c) Ownership of the funeral home business that owns the funeral home that results in a majority of the ownership of the funeral business being held by one or more persons who solely or in combination with others did not own a majority of the funeral business immediately prior to the change in ownership.
(2) Within thirty days after a change described in division (A)(1) of this section occurs, the funeral director who will be actually in charge and ultimately responsible for the funeral home after the change shall apply for a new funeral home license. Upon the filing of an application for a funeral home license by a licensed funeral director, the funeral home may continue to operate until the board denies the funeral home’s application.
(B)(1) A person who is licensed to operate an embalming facility shall surrender that person’s license to operate an embalming facility within thirty days after a change in any of the following:
(a) The location of the embalming facility;
(b) The person who is actually in charge and ultimately responsible for the embalming facility;
(c) Ownership of the business entity that owns the embalming facility that results in a majority of the ownership of the business entity being held by one or more persons who solely or in combination with others did not own a majority of the business entity immediately prior to the change in ownership.
(2) Within thirty days after a change described in division (B)(1) of this section occurs, the person who will be actually in charge and ultimately responsible for the embalming facility after the change shall apply for a new license to operate the embalming facility. Upon filing of an application for a license to operate an embalming facility by a licensed embalmer, the embalming facility may continue to operate until the board denies the embalming facility’s application.
(C)(1) A person who is licensed to operate a crematory facility shall surrender that person’s license to operate a crematory facility within thirty days after a change in any of the following:
(a) The location of the crematory facility;
(b) The person who is actually in charge and ultimately responsible for the crematory facility;
(c) Ownership of the business entity that owns the crematory facility that results in a majority of the ownership of the business entity being held by one or more persons who alone or in combination with others did not own a majority of the business entity immediately prior to the change in ownership.
(2) Within thirty days after a change described in division (C)(1) of this section occurs, the person who will be actually in charge and ultimately responsible for the crematory facility after the change shall apply for a new license to operate the crematory facility. Upon the filing of an application for a license to operate a crematory facility by a person holding a crematory operator permit, the crematory facility may continue to operate until the board denies the crematory facility’s application.
(D)(1) The board of embalmers and funeral directors shall review applications for new licenses under section 4717.06 of the Revised Code.
(2) If the board, upon receiving satisfactory evidence, determines that the applicant satisfies all of the requirements of division (A), (B), (C), or (D) of section 4717.06 of the Revised Code with respect to a particular funeral home, embalming facility, or crematory facility, the board shall issue to the applicant a new license to operate that funeral home, embalming facility, or crematory facility.
Last updated October 10, 2023 at 3:53 PM