Ohio Funeral Contract by kyj29570

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									State of Ohio
Board of Embalmers and Funeral Directors
                                                                    Preneed
                                                                   Summer 2007
                        th
77 South High Street, 16 Floor
Columbus, Ohio 43215-6108




                           Tel/ 614.466.4252   Fax/ 614.728.6825     Email/ oh.emb.bd@exchange.state.oh.us



    Reminders
                          Preneed
    Current CE            Over the past two years, the               unlicensed individual can sell
    Compliance
                          Board of Embalmers and                     funeral merchandise, but, under
   * July 1, 2006         Funeral Directors has                      no circumstances, may they sell,
   CE compliance          received several complaints                discuss, recommend, or contract
       begins
                          concerning preneed contracts.              for funeral services on behalf of
December 31, 2008                                                    the funeral home.
 two-year license         In particular, the allegations
     expires &
CE compliance ends        center on funeral homes using              The question many have is what
                          insurance agents who sell                  can a licensed insurance agent
                          preneed insurance, but who                 sell?
                          are contracting for funeral
                          directing services along with              A licensed insurance agent can
      Fall 2008           selling the insurance policies.            sell insurance policies to fund a
 2009/2010 renewal
 applications mailed
                                                                     preneed funeral contract as long
                          It is alleged that funeral                 as the licensed insurance agent
      licensees           directors sign off on these                does not sell or contract for
 selected at random
     for CE audit
                          documents with the insurance               preneed funeral services.
                          agents doing all the work.
                                                                     For example, when a licensed
                                                                     insurance agent who is not a
Next CE Compliance
                          The Board believes that it is
                          necessary to remind licensed               licensed funeral director presents
  January 1, 2009         funeral directors and life                 a customer with a contract for
  two-year license                                                   funeral services to sign, that
     in effect &
                          insurance providers of the
                          preneed laws in Ohio.                      individual is practicing funeral
   CE compliance
       begins                                                        directing without a license, which
                                                                     is a violation of Section
 December 31, 2010
                          Preneed funeral services
                          maybe funded through either                4717.13(A)(1) of the Ohio Revised
  two-year license
                                                                     Code.
     expires &            a trust, as governed by
  compliance ends
                          Section 1111.19 of the Ohio
                                                                     If a funeral home employs or uses
                          Revised Code, or through life
                                                                     insurance agents who are not
                          insurance.
                                                                     licensed as funeral directors,
See Board’s website                                                  please make sure that they are
  for dates of CE         Only licensed funeral directors
deadlines & monthly       may sell funeral services. An              not selling or contracting for
      meetings                                                       funeral services.
                              Preneed (continued)
      State of Ohio
                              A licensed funeral director and     For further guidance, please see
 Board of Embalmers           funeral home that permits an        Attorney General Opinion Number
and Funeral Directors         unlicensed individual to            2001-029 concerning preneed
                              contract for and sell preneed       contracts.
                              services may be acting in
                              violation of Sections                   http://www.ag.state.oh.us/
                              4717.14(A)(3) and (5) of the
                              Ohio Revised Code.                  Also, please do not hesitate to
  77 South High Street,                                           contact the Board with violations
        16th Fl
    Columbus, Ohio            Violations of Ohio Revised          of this law.
      43215-6108              Code Chapter 4717 may result
                              in fines, imprisonment, or both.    We appreciate your cooperation.
        PHONE:
      614.466.4252            The Board is deeply
                              concerned about potential
                              violations of the funeral
          FAX:                directing laws and will                     Board Members
      614.728.6825
                              prosecute accordingly.
                                                                             President
      WEBSITE:                Another question that has                   Pernel Jones, Sr.
  www.funeral.ohio.gov        arisen is whether a funeral                    Cleveland
                              director must meet with
                              consumers face-to-face.
                                                                           Vice-President
                              In this age of technology a                  John J. Hadley
                              face-to-face meeting is not a                   Marietta
                              requirement as long as the
                              funeral director is filling out a
                              pre need contract for the sale             Secretary-Treasurer
                              of funeral goods and services.                Roger Primm
                                                                              Ashland
                              Working with a consumer via
  www.funeral.ohio.gov        mail, telephone, or internet is
                              appropriate; however, the                  Ross C. DeJohn, Sr.
Discover license
                              Board does highly recommend                 Mayfield Heights
verification on the Board’s
website. This new feature     meeting with a consumer
allows consumers and          whenever possible.
licensees to “lookup”                                                    Robert L. Shank, Sr.
embalmers, funeral                                                          Perrysburg
directors, DUAL licensees,    Further, where a consumer
crematory facilities,         makes a phone call directly to
embalming facilities and
funeral homes.
                              a funeral home requesting
                              preneed assistance, a licensed               Kurtis A. Tunnell
                              funeral director must make                      Columbus
                              initial contact with that
                              consumer whether by
                              telephone or in person.

								
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