The complaints involve ads that the board of embalmers say are misleading about the role in the business held by Jim Qualls and his wife, Tammy Qualls, the owner of the business.
Jim Qualls formerly worked as a funeral director for Porter-Qualls Funeral Homes at 823 S. Yellow Springs St., but lost his license in 2007 when he was charged with stealing more than $88,000 from the business over a two-year period. Qualls continued to work at the funeral home until 2010 when he started working for D.B. Washington Funeral Homes.
Washington and Tammy Qualls opened the D.B. Washington Funeral Home last year, but Jim Qualls’ involvement in the new business is at the center of the recent disputes, according to Clark County Common Pleas Court documents and a letter from the state Board of Embalmers and Funeral Directors.
The board filed a complaint because in advertisements for the funeral home on Facebook and in the Feb. 26 New North Street African Methodist Episcopal Church Golden Anniversary program, Jim Qualls is listed as an owner for the home, when in fact he is not, according to the board.
The funeral home sign and obituaries in the Springfield News-Sun also include the phrase “Tammy R. Qualls LLC a Memorial Provider,” which also violates board rules because it does not indicate that Tammy Qualls is not licensed, the complaint states.
Washington and Jim and Tammy Qualls did not return calls seeking comments.
“So as far as the (D.B. Washington) funeral home goes, it is licensed properly, but given the investigation of the board they submitted that order regarding the proper display of advertisement and signage,” said Malik Hubbard, executive director of the Ohio Board of Embalmers and Funeral Directors.
Any disciplinary action taken by the state board will be taken against Washington, because he is the licensed funeral director. Since Jim Qualls does not have a license, the board has no authority over him, said Hubbard. The board sought a preliminary injunction in February 2010 to prevent Qualls from acting or practicing as funeral director or violating certain board rules.
The Quallses could also be violating a noncompetition agreement signed in 2007 in which Jim Qualls agreed to not open another funeral home within 150 miles of Porter-Qualls homes in Springfield, Xenia or Columbus for five years, according to state documents.
Dr. John Freeman, Porter-Qualls’ owner, said he has not made any plans to file charges.
“I’m just waiting to see what is going to happen,” he said. “It’s so touchy a subject. ...I’m just laying low.”
Contact this reporter at emason@coxohio.com or at (937) 328-0371.
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