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Qualls censured, quits embalming for two years
Thursday, October 23, 2008
Columbus, Ohio — Former Springfield funeral director James E. Qualls, III, has been censured for misappropriating clients' money that was intended to pre-pay funeral expenses.
Qualls this week voluntarily surrendered his embalmer and funeral director licenses for two years following charges of unprofessional or immoral conduct related to the misappropriation of money given to him by consumers to prepay their funeral services, according to a statement today by the Ohio Board of Embalmers and Funeral Directors.
The board accepted Qualls' offer as a settlement agreement Monday, Oct. 20. It is also the board's disciplinary measure against the Sprinfield-based funeral home Qualls operated, Porter-Qualls Funeral Home. The funeral home, now under new ownership, declined comments.
The Board had charged the the funeral home with unprofessional or immoral conduct related to the misappropriation of monies given to Mr. Qualls by consumers to prepay their funeral services.
In 2007, the Franklin County Common Pleas Court ordered James Qualls III to pay $67,023.94 to the Martin Management Company for misappropriation of monies from pre-need and at-need funeral contracts.
Pre-need contracts involve arranging a funeral ahead of the time of death, while at-need contracts are made after the time of death. In Ohio a funeral director has 30 days to put monies received from a pre-need funeral contract into a trust account or an insurance policy.
In some cases, Qualls didn't do that, according Jennifer Baugess, administrative assistant with the Board of Embalmers and Funeral Directors.
Qualls faced an administrative hearing in June, at which a tentative settlement with the state Board of Embalmers and Funeral Directors was arranged. In accordance with the terms of the agreement, Qualls voluntarily surrendered his funeral and embalming licenses Monday.
"He also had to pay a forfeiture of $1,000 in a different charge of unprofessional conduct, specifically for the circumstances surrounding the delay in a cremation of Mildred J. Henderson," Baugess said.
Qualls no longer can perform funeral and embalming services, but can apply for re-licensure after two years.
Contact this reporter at 937-328-0367 or at ecavallaro@coxohio.com
