Ohio Admin. Code 4717-7-05 - Embalming facilities

Requirements for embalming facility license:

(A) Any person desiring to operate an embalming facility shall apply to the board on a form provided by the board, include the appropriate license fee, and establish that:

(1) The facility is at a fixed place or location;

(2) The embalming facility is adequately equipped and maintained in a sanitary manner. The embalming room at the facility shall contain only the articles, facilities, and instruments necessary for its stated purpose. The embalming room shall be kept in a clean and sanitary condition and used only for the care and preparation of dead human bodies. The minimal requirements for the embalming room shall be as follows:

(a) Sanitary floor;

(b) All instruments and appliances used in the embalming of a dead human body shall be thoroughly cleansed and sterilized using an appropriate disinfectant immediately at the conclusion of each individual case;

(c) Running hot and cold water with a sink for personal hygiene;

(d) Exhaust fan and intake vent, permanently installed and operable with the capacity to change the air in the room at least fifteen times each hour;

(e) Sanitary plumbing connected with sewer, cesspool, septic tank, or other department of health approved system;

(f) Porcelain, stainless steel, metal-lined or fiberglass operating table;

(g) All opening windows and outside doors shall be adequately screened and shielded from outside viewing;

(h) All hydro-aspirators or electric aspirators shall be equipped with at least one air breaker;

(i) Containers for refuse, trash and soiled linens shall be adequately covered or sealed at all times;

(j) First-aid kit and eyewash;

(k) The embalming or preparation room shall be strictly private. A "private" sign shall be posted on the door(s) entering the preparation room. No one shall be allowed therein while the body is being embalmed except the embalmers, funeral directors, apprentices and other authorized persons and officials in discharge of their duties;

(l) All waste materials, refuse, used bandages and cotton shall be destroyed in accordance with all applicable OSHA and EPA regulations;

(m) Every person, while engaged in actually embalming a dead human body, shall be attired in a clean and sanitary smock or gown covering the person from the neck to below the knees and shall, while so engaged, wear impervious rubber gloves;

(n) All bodies in the preparation room shall be treated with proper care and dignity and shall be properly covered at all times;

(o) Ingress and egress of the preparation room shall be situated so that functions in the funeral home shall not impede or interfere with entering or exiting said room; and

(p) Sufficient emergency lighting.

(3) The board shall issue a license to operate an embalming facility only for the address at which the embalming facility is to operate and shall issue said license only to an embalmer who is actually in charge of the facility.

(4) The holder embalmer actually in charge and ultimately responsible of a embalming facility license shall submit to the board written notification, within ten days of any termination of an embalmer actually in charge and ultimately responsible of the embalming facility. Within thirty days of the notification to the board, the embalmer actually in charge and ultimately responsible of the embalming facility license shall surrender the license to operate the embalming facility.Except in extenuating circumstances, and with approval of the board, no embalming facility is to operate without an embalmer actually in charge and ultimately responsible of the embalming facility for more than thirty days after the written notification is filed with the board, however, a change of an embalmer actually in charge of the embalming facility does not require a new license. The holder of the embalming facility license shall submit an amendment naming a new embalmer actually in charge of the embalming facility within thirty days of filing the written notification with the board. Any embalming facility that fails to comply with this rule shall cease operations .A change of the embalmer actually in charge and ultimately responsible of an embalming facility requires a new license under division (B)(2) of section 4717.11 of the Revised Code. The person who will be licensed to operate the embalming facility as the actually in charge and ultimately responsible after the change shall apply for a new embalming facility license on an application form prescribed by the board within thirty days of filing the written notification with the board. Any embalming facility that fails to comply with this rule shall cease operations.

(B) Actually in charge and ultimately responsibly sign

The name of the embalmer who is the actually in charge and ultimately responsible to whom the embalming facility license has been issued shall be displayed on a sign. The sign must conspicuously displayed in such a manner that it may be seen by the general public immediately on the outside or inside of the primary entrance to the embalming facility. The sign must specifically include the name of the embalmer actually in charge and ultimately responsible followed by "has been issued a license to operate this embalming facilty. "The size of text listing the name of the actually in charge and ultimately responsible shall be a minimum of .75 inches. The size of the text "has been issued a license to operate this funeral home" shall be a minimum of .5 inches.

(C) The embalming facility license shall be displayed in a conspicuous place within the embalming facility.

(D) The board shall have the right to examine an embalming facility location for which a embalming facility license application has been filed.

(E) When a request for a license is rejected, the board shall notify the applicant of his right to a hearing. The applicant shall request a hearing within thirty days of the time of mailing the notice. When the applicant requests a hearing, the board shall immediately set a date, time, and place for a hearing and shall notify the applicant. The date shall be within fifteen days, but not earlier than seven days, after the applicant requested the hearing, unless otherwise agreed to by both parties.

Notes

Ohio Admin. Code 4717-7-05

Effective: 1/10/2019
Five Year Review (FYR) Dates: 6/19/2022
Promulgated Under: 119.03
Statutory Authority: 4717.04(A)(8), 4717.04(B)
Rule Amplifies: 4717.11
Prior Effective Dates: 01/01/2001, 11/10/2005, 04/10/2011, 06/19/2017