| Section 1. That sections 9.15, 313.12, 759.01, 1713.36, | 30 |
|
1721.06, 1721.18, 1721.21, 2108.15, 2108.70, 2108.72, 2108.75, | 31 |
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2108.82, 2108.83, 2108.84, 2108.85, 2108.86, 2108.87, 2111.13, | 32 |
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2743.51, 2925.01, 3705.01, 3705.17, 3705.18, 3705.19, 3705.20, | 33 |
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3707.19, 4511.451, 4717.01, 4717.04, 4717.05, 4717.06, 4717.07, | 34 |
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4717.08, 4717.10, 4717.11, 4717.12, 4717.13, 4717.14, 4717.20, | 35 |
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4717.21, 4717.22, 4717.23, 4717.24, 4717.25, 4717.26, 4717.27, | 36 |
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4717.28, 4717.30, 5120.45, 5121.11, 5121.53, 5901.24, 5901.25, | 37 |
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5901.26, 5901.27, 5901.29, and 5901.32 of the Revised Code be | 38 |
|
amended to read as follows: | 39 |
| Sec. 9.15. When the body of a dead person is found in a | 40 |
|
township or municipal corporation, and such person was not an | 41 |
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inmate of a correctional, benevolent, or charitable institution of | 42 |
|
this state, and the body is not claimed by any person for private | 43 |
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interment or cremation at the person's own expense, or delivered | 44 |
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for the purpose of medical or surgical study or dissection in | 45 |
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accordance with section 1713.34 of the Revised Code, it shall be | 46 |
|
disposed of as follows: | 47 |
| Sec. 313.12. (A) When any person dies as a result of criminal | 74 |
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or other violent means, by casualty, by suicide, or in any | 75 |
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suspicious or unusual manner, when any person, including a child | 76 |
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under two years of age, dies suddenly when in apparent good | 77 |
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health, or when any mentally retarded person or developmentally | 78 |
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disabled person dies regardless of the circumstances, the | 79 |
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physician called in attendance, or any member of an ambulance | 80 |
|
service, emergency squad, or law enforcement agency who obtains | 81 |
|
knowledge thereof arising from the person's duties, shall | 82 |
|
immediately notify the office of the coroner of the known facts | 83 |
|
concerning the time, place, manner, and circumstances of the | 84 |
|
death, and any other information that is required pursuant to | 85 |
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sections 313.01 to 313.22 of the Revised Code. In such cases, if a | 86 |
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request is made for cremation or hydrolysis, the funeral director | 87 |
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called in attendance shall immediately notify the coroner. | 88 |
| Sec. 759.01. Any municipal corporation may provide public | 92 |
|
cemeteries and crematories for burial or incineration of the dead | 93 |
and regulate public and private cemeteries and crematories | 94 |
| crematory or hydrolysis facility. Any cemetery established by a | 95 |
|
municipal corporation shall register with the division of real | 96 |
|
estate in the department of commerce pursuant to section 4767.03 | 97 |
|
of the Revised Code. Any cemetery of that nature is subject to | 98 |
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Chapter 4767. and to sections 517.23 to 517.25 and 1721.211 of the | 99 |
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Revised Code in addition to being subject to this chapter. | 100 |
| Sec. 1721.06. After paying for its land, a cemetery company | 108 |
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or association shall apply all its receipts and income, whether | 109 |
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from sale of lots, from donations, or otherwise, exclusively to | 110 |
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laying out, preserving, protecting, and embellishing the cemetery | 111 |
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and avenues within it or leading to it, to the erection of | 112 |
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buildings necessary or appropriate for cemetery purposes, and to | 113 |
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paying the necessary expenses of the cemetery company or | 114 |
|
association. No debts shall be incurred by the cemetery company or | 115 |
|
association except for purchasing, laying out, inclosing, and | 116 |
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embellishing the ground, buildings necessary or appropriate for | 117 |
|
cemetery purposes, and avenues, for which purposes it may contract | 118 |
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debts to be paid out of future receipts. For purposes of this | 119 |
|
section, buildings appropriate for cemetery purposes include, but | 120 |
|
are not limited to, buildings for crematory or hydrolysis | 121 |
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facilities, funeral homes, and other buildings intended to produce | 122 |
|
income for the cemetery company or association. | 123 |
| Sec. 1721.18. Any company or association incorporated for | 130 |
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the erection and maintenance of a crematory or hydrolysis facility | 131 |
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may exercise all the rights and powers conferred by sections | 132 |
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1721.01 to 1721.18, inclusive, of the Revised Code, subject to the | 133 |
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conditions provided in such sections. No building shall be erected | 134 |
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for such a purpose within two hundred yards of a dwelling house | 135 |
unless the owner of the dwelling house gives histhe owner's | 136 |
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consent. No person, company, association, or firm shall establish | 137 |
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a morgue on a street upon which there are dwelling houses unless | 138 |
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the owners or occupants of all dwelling houses within two hundred | 139 |
|
yards of the proposed morgue give their written consent thereto. | 140 |
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This section does not apply to a crematory or hydrolysis facility | 141 |
built, or a morgue established, as ofon or before April 3, 1900. | 142 |
| (C) Any person desiring to operate any cemetery that is | 165 |
|
organized or developed after July 1, 1970, before offering to sell | 166 |
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or selling any burial lot, burial right, entombment right, or | 167 |
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columbarium right in that cemetery, shall first establish an | 168 |
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endowment care trust, segregated from other assets, and place in | 169 |
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that fund a minimum of fifty thousand dollars in cash or in bonds | 170 |
|
of the United States, this state, or any county or municipal | 171 |
|
corporation of this state. | 172 |
| (D) Any person desiring to operate or to continue to operate | 180 |
|
any cemetery after July 1, 1970, shall place into the endowment | 181 |
|
care trust as required by this section not less than ten per cent | 182 |
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of the gross sales proceeds received from the sale of any burial | 183 |
|
lot, burial right, entombment right, or columbarium right. This | 184 |
|
percentage shall be placed in the endowment care trust no later | 185 |
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than thirty days following the month in which the entire gross | 186 |
|
sales are received. | 187 |
| (E) The trustees of the endowment care trust shall consist of | 188 |
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at least three individuals who have been residents of the county | 189 |
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in which the cemetery is located for at least one year, or a trust | 190 |
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company licensed under Chapter 1111. of the Revised Code or a | 191 |
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national bank or federal savings association that has securities | 192 |
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pledged in accordance with section 1111.04 of the Revised Code. If | 193 |
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the trustees are not a financial institution or trust company, the | 194 |
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trustees shall be bonded by a corporate surety or fidelity bond in | 195 |
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an aggregate amount of not less than one hundred per cent of the | 196 |
|
funds held by the trustees. The trustees or their agent shall, on | 197 |
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a continuous basis, keep exact records as to the amount of funds | 198 |
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under any joint account or trust instrument being held for the | 199 |
|
individual beneficiaries showing the amount paid, the amount | 200 |
|
deposited and invested, and accruals and income. | 201 |
| (F) Any person offering to sell or selling any burial lot, | 206 |
|
burial right, entombment right, or columbarium right shall give to | 207 |
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the purchaser of the lot or right, at the time of sale, a written | 208 |
|
agreement that identifies and unconditionally guarantees to the | 209 |
|
purchaser the specific location of the lot or the specific | 210 |
|
location to which the right applies. | 211 |
| (H) Except as provided in division (G) of this section, this | 216 |
|
section does not apply to a family cemetery as defined in section | 217 |
|
4767.02 of the Revised Code, to any cemetery that is owned and | 218 |
|
operated entirely and exclusively by churches, religious | 219 |
|
societies, established fraternal organizations, municipal | 220 |
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corporations, or other political subdivisions of the state, or to | 221 |
|
a national cemetery. | 222 |
| (I) The dividend and interest income from the endowment care | 223 |
|
trust shall be used only for the cost and expenses incurred to | 224 |
|
establish, manage, and administer the trust and for the | 225 |
|
maintenance, supervision, improvement, and preservation of the | 226 |
|
grounds, lots, buildings, equipment, statuary, and other real and | 227 |
|
personal property of the cemetery. | 228 |
| Subject to the terms of the document of gift and sections | 259 |
|
2108.01 to 2108.29 of the Revised Code, a person that accepts an | 260 |
|
anatomical gift of an entire body may allow embalming, burial, | 261 |
| hydrolysis, or cremation, and use of remains in a funeral service. | 262 |
|
If the gift is of a part, the person to whom the part passes under | 263 |
|
section 2108.11 of the Revised Code, upon the death of the donor | 264 |
|
and before embalming, burial, hydrolysis, or cremation, shall | 265 |
|
cause the part to be removed without unnecessary mutilation. After | 266 |
|
removal of the part, custody of the remainder of the decedent's | 267 |
|
body passes to the persons to whom the right of disposition for | 268 |
|
the body has been assigned pursuant to section 2108.70 of the | 269 |
|
Revised Code or who have the right of disposition for the body as | 270 |
|
described in section 2108.81 of the Revised Code. | 271 |
| (3) The right to make arrangements and purchase goods and | 306 |
|
services for the declarant's burial, cremation, hydrolysis, or | 307 |
|
other manner of final disposition. This right includes the right | 308 |
|
to determine the location, manner, and condition of the | 309 |
|
declarant's burial, cremation, hydrolysis, or other manner of | 310 |
|
final disposition. | 311 |
| I, ................. (legal name and present address of | 371 |
|
declarant), an adult being of sound mind, willfully and | 372 |
|
voluntarily appoint my representative, named below, to have the | 373 |
|
right of disposition, as defined in section 2108.70 of the Revised | 374 |
|
Code, for my body upon my death. All decisions made by my | 375 |
|
representative with respect to the right of disposition shall be | 376 |
|
binding. | 377 |
| By signing below, the representative, or successor | 442 |
|
representative, if applicable, acknowledges that he or she, as | 443 |
|
representative or successor representative, assumes the right of | 444 |
|
disposition as defined in section 2108.70 of the Revised Code, and | 445 |
|
understands that he or she is liable for the reasonable costs of | 446 |
|
exercising the right, including any goods and services that are | 447 |
|
purchased. | 448 |
| I attest that the declarant signed or acknowledged this | 461 |
|
assignment of the right of disposition under section 2108.70 of | 462 |
|
the Revised Code in my presence and that the declarant is at least | 463 |
|
eighteen years of age and appears to be of sound mind and not | 464 |
|
under or subject to duress, fraud, or undue influence. I further | 465 |
|
attest that I am not the declarant's representative or successor | 466 |
|
representative, I am at least eighteen years of age, and I am not | 467 |
|
related to the declarant by blood, marriage, or adoption. | 468 |
| On ..............., before me, the undersigned notary public, | 487 |
|
personally appeared ................., known to me or | 488 |
|
satisfactorily proven to be the person whose name is subscribed as | 489 |
|
the declarant, and who has acknowledged that he or she executed | 490 |
|
this written declaration under section 2108.70 of the Revised Code | 491 |
|
for the purposes expressed in that section. I attest that the | 492 |
|
declarant is at least eighteen years of age and appears to be of | 493 |
|
sound mind and not under or subject to duress, fraud, or undue | 494 |
|
influence. | 495 |
| (C) Completion of a federal Record of Emergency Data form, DD | 500 |
|
Form 93, or its successor form, by a member of the military, is | 501 |
|
sufficient to constitute a written declaration under section | 502 |
|
2108.70 of the Revised Code if section 13a of DD Form 93, entitled | 503 |
|
"Person Authorized to Direct Disposition," has been properly | 504 |
|
completed by the member of the military who has subsequently died | 505 |
|
while under active duty orders as described in 10 U.S.C. 1481. | 506 |
| (B) No owner, employee, or agent of a funeral home, cemetery, | 522 |
or crematory or hydrolysis facility providing funeral, burial, or | 523 |
|
cremation, or hydrolysis services for a declarant shall serve as a | 524 |
|
representative or successor representative for the declarant | 525 |
|
unless the owner, employee, or agent is related to the declarant | 526 |
|
by blood, marriage, or adoption. | 527 |
| (C) Subject to divisions (C)(2) and (D)(2) of section 2108.70 | 528 |
|
of the Revised Code, if a person is disqualified from serving as | 529 |
|
the declarant's representative or successor representative, or | 530 |
|
from having the right of disposition for a deceased adult pursuant | 531 |
|
to section 2108.81 of the Revised Code, as described in division | 532 |
|
(A) of this section, the right is automatically reassigned to, and | 533 |
|
vests in, the next person who has the right pursuant to the | 534 |
|
declarant's written declaration or pursuant to the order of | 535 |
|
priority in section 2108.81 of the Revised Code. | 536 |
| (2) The reasonableness and practicality of any plans that the | 550 |
|
person who is the subject of the motion may have for the | 551 |
|
declarant's or deceased person's funeral, burial, cremation, | 552 |
| hydrolysis, or final disposition, including the degree to which | 553 |
|
such plans allow maximum participation by all persons who wish to | 554 |
|
pay their final respects to the deceased person; | 555 |
| Sec. 2108.83. In the event of a dispute regarding the right | 574 |
|
of disposition, a funeral home, funeral director, crematory or | 575 |
|
hydrolysis facility operator, cemetery operator, cemetery | 576 |
|
organization, or other person asked to assist with a declarant's | 577 |
|
or deceased person's funeral, burial, cremation, hydrolysis, or | 578 |
|
other manner of final disposition shall not be liable for damages | 579 |
|
of any kind for refusing to accept the remains, refusing to inter, | 580 |
|
cremate, hydrolyze, or otherwise dispose of the remains, or | 581 |
|
refusing to complete funeral or other arrangements pertaining to | 582 |
|
final disposition until such funeral home, funeral director, | 583 |
|
crematory or hydrolysis facility operator, cemetery operator, | 584 |
|
cemetery organization, or other person receives a court order or a | 585 |
|
written document that is executed by a person that the funeral | 586 |
|
home, funeral director, crematory or hydrolysis facility operator, | 587 |
|
cemetery operator, cemetery organization, or other person | 588 |
|
reasonably believes has the right of disposition and that clearly | 589 |
|
expresses how the right of disposition is to be exercised. | 590 |
| Sec. 2108.84. If a funeral home, funeral director, crematory | 591 |
| or hydrolysis facility operator, or other person asked to assist | 592 |
|
with a declarant's or deceased person's funeral, burial, | 593 |
|
cremation, hydrolysis, or other manner of final disposition is in | 594 |
|
possession of a declarant's or deceased person's remains while a | 595 |
|
dispute described in section 2108.83 of the Revised Code is | 596 |
|
pending, the funeral home, funeral director, crematory or | 597 |
|
hydrolysis facility operator, or other person may embalm or | 598 |
|
refrigerate and shelter the remains to preserve them and may add | 599 |
|
the cost of embalming, refrigeration, and sheltering to the final | 600 |
|
disposition costs to be charged. | 601 |
| Sec. 2108.85. (A) If a funeral home, funeral director, | 602 |
|
crematory or hydrolysis facility operator, cemetery operator, | 603 |
|
cemetery organization, or other person asked to assist with a | 604 |
|
declarant's or deceased person's funeral, burial, cremation, | 605 |
| hydrolysis, or other manner of final disposition brings a legal | 606 |
|
action for purposes of section 2108.83 or 2108.84 of the Revised | 607 |
|
Code, the funeral home, funeral director, crematory or hydrolysis | 608 |
|
facility operator, cemetery operator, cemetery organization, or | 609 |
|
other person may add to the costs the person charges for the goods | 610 |
|
and services the person provided the legal fees, if reasonable, | 611 |
|
and the court costs that the person incurred. | 612 |
| (B) The right created by division (A) of this section shall | 613 |
|
neither be construed to require, nor impose a duty on, a funeral | 614 |
|
home, funeral director, crematory or hydrolysis facility operator, | 615 |
|
cemetery operator, cemetery organization, or other person asked to | 616 |
|
assist with a declarant's or deceased person's funeral, burial, | 617 |
|
cremation, hydrolysis, or other manner of final disposition, to | 618 |
|
bring a legal action and such person shall not be held criminally | 619 |
|
or civilly liable for not bringing an action. | 620 |
| Sec. 2108.86. (A) A funeral home, funeral director, | 621 |
|
crematory or hydrolysis facility operator, cemetery operator, | 622 |
|
cemetery organization, or other person asked to assist with a | 623 |
|
declarant's funeral, burial, cremation, hydrolysis, or other | 624 |
|
manner of final disposition has the right to rely on the content | 625 |
|
of a written declaration and the instructions of the person or | 626 |
|
group of persons whom the funeral home, funeral director, | 627 |
|
crematory or hydrolysis facility operator, cemetery operator, | 628 |
|
cemetery organization, or other person reasonably believes has the | 629 |
|
right of disposition. | 630 |
| (B) If the circumstances described in division (A) of section | 631 |
|
2108.81 of the Revised Code apply, a funeral home, funeral | 632 |
|
director, crematory or hydrolysis facility operator, cemetery | 633 |
|
operator, cemetery organization, or other person asked to assist | 634 |
|
with a deceased person's funeral, burial, cremation, hydrolysis, | 635 |
|
or other manner of final disposition has the right to rely on the | 636 |
|
instructions of the person or group of persons the funeral home, | 637 |
|
funeral director, crematory or hydrolysis facility operator, | 638 |
|
cemetery operator, cemetery organization, or other person | 639 |
|
reasonably believes has the right of disposition pursuant to | 640 |
|
section 2108.81 of the Revised Code. | 641 |
| (C) No funeral home, funeral director, crematory or | 642 |
|
hydrolysis facility operator, cemetery operator, cemetery | 643 |
|
organization, or other person asked to assist with a deceased | 644 |
|
person's funeral, burial, cremation, hydrolysis, or other manner | 645 |
|
of final disposition, who relies, pursuant to divisions (A) and | 646 |
|
(B) of this section, in good faith on the contents of a written | 647 |
|
declaration or the instructions of the person or group of persons | 648 |
|
the funeral home, funeral director, crematory or hydrolysis | 649 |
|
facility operator, cemetery operator, cemetery organization, or | 650 |
|
other person reasonably believes has the right of disposition, | 651 |
|
shall be subject to criminal or civil liability or subject to | 652 |
|
disciplinary action for taking an action or not taking an action | 653 |
|
in reliance on such contents or instructions and for otherwise | 654 |
|
complying with sections 2108.70 to 2108.90 of the Revised Code. | 655 |
| Sec. 2108.87. (A) A funeral home, funeral director, | 656 |
|
crematory or hydrolysis facility operator, cemetery operator, | 657 |
|
cemetery organization, or other person asked to assist with a | 658 |
|
deceased person's funeral, burial, cremation, hydrolysis, or other | 659 |
|
manner of final disposition may independently investigate the | 660 |
|
existence of, or locate or contact, the following persons: | 661 |
| (B) In no circumstances shall a funeral home, funeral | 665 |
|
director, crematory or hydrolysis facility operator, cemetery | 666 |
|
operator, cemetery organization, or other person asked to assist | 667 |
|
with a deceased person's funeral, burial, cremation, hydrolysis, | 668 |
|
or other manner of final disposition have a duty to independently | 669 |
|
investigate the existence of, or locate or contact, the persons | 670 |
|
described in division (A) of this section. | 671 |
| (C) A guardian of the person may authorize or approve the | 691 |
|
provision to the ward of medical, health, or other professional | 692 |
|
care, counsel, treatment, or services unless the ward or an | 693 |
|
interested party files objections with the probate court, or the | 694 |
|
court, by rule or order, provides otherwise. | 695 |
| (E) If a deceased ward did not have a guardian of the estate, | 703 |
|
the estate is not required to be administered by a probate court, | 704 |
|
and a person with the right of disposition for a ward, as | 705 |
|
described in section 2108.70 or 2108.81 of the Revised Code, has | 706 |
|
not made a decision regarding the disposition of the ward's body | 707 |
|
or remains, the guardian of the person of the ward may authorize | 708 |
the burial or, cremation, or hydrolysis of the ward. | 709 |
| (c) A third person, other than a collateral source, who | 728 |
|
legally assumes or voluntarily pays the obligations of a victim, | 729 |
|
or of a dependent of a victim, who is described in division | 730 |
|
(A)(1)(a) of this section, which obligations are incurred as a | 731 |
|
result of the criminally injurious conduct that is the subject of | 732 |
|
the claim and may include, but are not limited to, medical or | 733 |
|
burial expenses; | 734 |
| (c) A third person, other than a collateral source, who | 772 |
|
legally assumes or voluntarily pays the obligations of a victim, | 773 |
|
or of a dependent of a victim, who is described in division | 774 |
|
(A)(2)(a) of this section, which obligations are incurred as a | 775 |
|
result of the criminally injurious conduct that is the subject of | 776 |
|
the claim and may include, but are not limited to, medical or | 777 |
|
burial expenses; | 778 |
| (1) For the purposes of any person described in division | 818 |
|
(A)(1) of this section, any conduct that occurs or is attempted in | 819 |
|
this state; poses a substantial threat of personal injury or | 820 |
|
death; and is punishable by fine, imprisonment, or death, or would | 821 |
|
be so punishable but for the fact that the person engaging in the | 822 |
|
conduct lacked capacity to commit the crime under the laws of this | 823 |
|
state. Criminally injurious conduct does not include conduct | 824 |
|
arising out of the ownership, maintenance, or use of a motor | 825 |
|
vehicle, except when any of the following applies: | 826 |
| (2) For the purposes of any person described in division | 843 |
|
(A)(2) of this section, any conduct that occurs or is attempted in | 844 |
|
another state, district, territory, or foreign country; poses a | 845 |
|
substantial threat of personal injury or death; and is punishable | 846 |
|
by fine, imprisonment, or death, or would be so punishable but for | 847 |
|
the fact that the person engaging in the conduct lacked capacity | 848 |
|
to commit the crime under the laws of the state, district, | 849 |
|
territory, or foreign country in which the conduct occurred or was | 850 |
|
attempted. Criminally injurious conduct does not include conduct | 851 |
|
arising out of the ownership, maintenance, or use of a motor | 852 |
|
vehicle, except when any of the following applies: | 853 |
| (d) The conduct occurred on or after July 25, 1990, the | 864 |
|
person engaging in the conduct was using the vehicle in a manner | 865 |
|
that constitutes a violation of any law of the state, district, | 866 |
|
territory, or foreign country in which the conduct occurred, and | 867 |
|
that law is substantially similar to a violation of section | 868 |
|
2903.08 of the Revised Code; | 869 |
| (E) "Economic loss" means economic detriment consisting only | 882 |
|
of allowable expense, work loss, funeral expense, unemployment | 883 |
|
benefits loss, replacement services loss, cost of crime scene | 884 |
|
cleanup, and cost of evidence replacement. If criminally injurious | 885 |
|
conduct causes death, economic loss includes a dependent's | 886 |
|
economic loss and a dependent's replacement services loss. | 887 |
|
Noneconomic detriment is not economic loss; however, economic loss | 888 |
|
may be caused by pain and suffering or physical impairment. | 889 |
| (F)(1) "Allowable expense" means reasonable charges incurred | 890 |
|
for reasonably needed products, services, and accommodations, | 891 |
|
including those for medical care, rehabilitation, rehabilitative | 892 |
|
occupational training, and other remedial treatment and care and | 893 |
|
including replacement costs for hearing aids; dentures, retainers, | 894 |
|
and other dental appliances; canes, walkers, and other mobility | 895 |
|
tools; and eyeglasses and other corrective lenses. It does not | 896 |
|
include that portion of a charge for a room in a hospital, clinic, | 897 |
|
convalescent home, nursing home, or any other institution engaged | 898 |
|
in providing nursing care and related services in excess of a | 899 |
|
reasonable and customary charge for semiprivate accommodations, | 900 |
|
unless accommodations other than semiprivate accommodations are | 901 |
|
medically required. | 902 |
| (2) An immediate family member of a victim of criminally | 903 |
|
injurious conduct that consists of a homicide, a sexual assault, | 904 |
|
domestic violence, or a severe and permanent incapacitating injury | 905 |
|
resulting in paraplegia or a similar life-altering condition, who | 906 |
|
requires psychiatric care or counseling as a result of the | 907 |
|
criminally injurious conduct, may be reimbursed for that care or | 908 |
|
counseling as an allowable expense through the victim's | 909 |
|
application. The cumulative allowable expense for care or | 910 |
|
counseling of that nature shall not exceed two thousand five | 911 |
|
hundred dollars for each immediate family member of a victim of | 912 |
|
that type and seven thousand five hundred dollars in the aggregate | 913 |
|
for all immediate family members of a victim of that type. | 914 |
| (3) A family member of a victim who died as a proximate | 915 |
|
result of criminally injurious conduct may be reimbursed as an | 916 |
|
allowable expense through the victim's application for wages lost | 917 |
|
and travel expenses incurred in order to attend criminal justice | 918 |
|
proceedings arising from the criminally injurious conduct. The | 919 |
|
cumulative allowable expense for wages lost and travel expenses | 920 |
|
incurred by a family member to attend criminal justice proceedings | 921 |
|
shall not exceed five hundred dollars for each family member of | 922 |
|
the victim and two thousand dollars in the aggregate for all | 923 |
|
family members of the victim. | 924 |
| (b) "Allowable expense" includes attorney's fees not | 929 |
|
exceeding one thousand dollars, at a rate not exceeding one | 930 |
|
hundred dollars per hour, incurred to successfully obtain a | 931 |
|
restraining order, custody order, or other order to physically | 932 |
|
separate a victim from an offender. Attorney's fees for the | 933 |
|
services described in this division may include an amount for | 934 |
|
reasonable travel time incurred to attend court hearings, not | 935 |
|
exceeding three hours' round-trip for each court hearing, assessed | 936 |
|
at a rate not exceeding thirty dollars per hour. | 937 |
| (G) "Work loss" means loss of income from work that the | 938 |
|
injured person would have performed if the person had not been | 939 |
|
injured and expenses reasonably incurred by the person to obtain | 940 |
|
services in lieu of those the person would have performed for | 941 |
|
income, reduced by any income from substitute work actually | 942 |
|
performed by the person, or by income the person would have earned | 943 |
|
in available appropriate substitute work that the person was | 944 |
|
capable of performing but unreasonably failed to undertake. | 945 |
| (I) "Dependent's economic loss" means loss after a victim's | 951 |
|
death of contributions of things of economic value to the victim's | 952 |
|
dependents, not including services they would have received from | 953 |
|
the victim if the victim had not suffered the fatal injury, less | 954 |
|
expenses of the dependents avoided by reason of the victim's | 955 |
|
death. If a minor child of a victim is adopted after the victim's | 956 |
|
death, the minor child continues after the adoption to incur a | 957 |
|
dependent's economic loss as a result of the victim's death. If | 958 |
|
the surviving spouse of a victim remarries, the surviving spouse | 959 |
|
continues after the remarriage to incur a dependent's economic | 960 |
|
loss as a result of the victim's death. | 961 |
| (J) "Dependent's replacement services loss" means loss | 962 |
|
reasonably incurred by dependents after a victim's death in | 963 |
|
obtaining ordinary and necessary services in lieu of those the | 964 |
|
victim would have performed for their benefit if the victim had | 965 |
|
not suffered the fatal injury, less expenses of the dependents | 966 |
|
avoided by reason of the victim's death and not subtracted in | 967 |
|
calculating the dependent's economic loss. If a minor child of a | 968 |
|
victim is adopted after the victim's death, the minor child | 969 |
|
continues after the adoption to incur a dependent's replacement | 970 |
|
services loss as a result of the victim's death. If the surviving | 971 |
|
spouse of a victim remarries, the surviving spouse continues after | 972 |
|
the remarriage to incur a dependent's replacement services loss as | 973 |
|
a result of the victim's death. | 974 |
| (N)(1) "Funeral expense" means any reasonable charges that | 991 |
|
are not in excess of seven thousand five hundred dollars per | 992 |
|
funeral and that are incurred for expenses directly related to a | 993 |
|
victim's funeral, cremation, hydrolysis, or burial and any wages | 994 |
|
lost or travel expenses incurred by a family member of a victim in | 995 |
|
order to attend the victim's funeral, cremation, hydrolysis, or | 996 |
|
burial. | 997 |
| (2) An award for funeral expenses shall be applied first to | 998 |
|
expenses directly related to the victim's funeral, cremation, | 999 |
| hydrolysis, or burial. An award for wages lost or travel expenses | 1000 |
|
incurred by a family member of the victim shall not exceed five | 1001 |
|
hundred dollars for each family member and shall not exceed in the | 1002 |
|
aggregate the difference between seven thousand five hundred | 1003 |
|
dollars and expenses that are reimbursed by the program and that | 1004 |
|
are directly related to the victim's funeral, cremation, | 1005 |
| hydrolysis, or burial. | 1006 |
| (1) A violation of section 4511.19 of the Revised Code, of | 1014 |
|
any municipal ordinance prohibiting the operation of a vehicle | 1015 |
|
while under the influence of alcohol, a drug of abuse, or a | 1016 |
|
combination of them, or of any municipal ordinance prohibiting the | 1017 |
|
operation of a vehicle with a prohibited concentration of alcohol, | 1018 |
|
a controlled substance, or a metabolite of a controlled substance | 1019 |
|
in the whole blood, blood serum or plasma, breath, or urine; | 1020 |
| (4) For purposes of any person described in division (A)(2) | 1028 |
|
of this section, a violation of any law of the state, district, | 1029 |
|
territory, or foreign country in which the criminally injurious | 1030 |
|
conduct occurred, if that law is substantially similar to a | 1031 |
|
violation described in division (P)(1) or (2) of this section or | 1032 |
|
if that law is substantially similar to a violation described in | 1033 |
|
division (P)(3) of this section and the offender was under the | 1034 |
|
influence of alcohol, a drug of abuse, or a combination of them, | 1035 |
|
at the time of the commission of the offense. | 1036 |
| (2) The act described in division (R)(1) of this section is | 1047 |
|
committed within the territorial jurisdiction of the United States | 1048 |
|
and is a violation of the criminal laws of the United States, this | 1049 |
|
state, or any other state or the act described in division (R)(1) | 1050 |
|
of this section is committed outside the territorial jurisdiction | 1051 |
|
of the United States and would be a violation of the criminal laws | 1052 |
|
of the United States, this state, or any other state if committed | 1053 |
|
within the territorial jurisdiction of the United States. | 1054 |
| (A) "Administer," "controlled substance," "dispense," | 1095 |
|
"distribute," "hypodermic," "manufacturer," "official written | 1096 |
|
order," "person," "pharmacist," "pharmacy," "sale," "schedule I," | 1097 |
|
"schedule II," "schedule III," "schedule IV," "schedule V," and | 1098 |
|
"wholesaler" have the same meanings as in section 3719.01 of the | 1099 |
|
Revised Code. | 1100 |
| (1) For any compound, mixture, preparation, or substance | 1108 |
|
included in schedule I, schedule II, or schedule III, with the | 1109 |
|
exception of marihuana, cocaine, L.S.D., heroin, and hashish and | 1110 |
|
except as provided in division (D)(2) or (5) of this section, | 1111 |
|
whichever of the following is applicable: | 1112 |
| (f) An amount equal to or exceeding one hundred twenty grams | 1133 |
|
or thirty times the maximum daily dose in the usual dose range | 1134 |
|
specified in a standard pharmaceutical reference manual of a | 1135 |
|
compound, mixture, preparation, or substance that is or contains | 1136 |
|
any amount of a schedule II stimulant that is in a final dosage | 1137 |
|
form manufactured by a person authorized by the "Federal Food, | 1138 |
|
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as | 1139 |
|
amended, and the federal drug abuse control laws, as defined in | 1140 |
|
section 3719.01 of the Revised Code, that is or contains any | 1141 |
|
amount of a schedule II depressant substance or a schedule II | 1142 |
|
hallucinogenic substance; | 1143 |
| (g) An amount equal to or exceeding three grams of a | 1144 |
|
compound, mixture, preparation, or substance that is or contains | 1145 |
|
any amount of a schedule II stimulant, or any of its salts or | 1146 |
|
isomers, that is not in a final dosage form manufactured by a | 1147 |
|
person authorized by the Federal Food, Drug, and Cosmetic Act and | 1148 |
|
the federal drug abuse control laws. | 1149 |
| (1) A violation of division (A) of section 2913.02 that | 1177 |
|
constitutes theft of drugs, or a violation of section 2925.02, | 1178 |
|
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, | 1179 |
|
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or | 1180 |
|
2925.37 of the Revised Code; | 1181 |
| (3) An offense under an existing or former law of this or any | 1186 |
|
other state, or of the United States, of which planting, | 1187 |
|
cultivating, harvesting, processing, making, manufacturing, | 1188 |
|
producing, shipping, transporting, delivering, acquiring, | 1189 |
|
possessing, storing, distributing, dispensing, selling, inducing | 1190 |
|
another to use, administering to another, using, or otherwise | 1191 |
|
dealing with a controlled substance is an element; | 1192 |
| (1) Any compound, mixture, preparation, or substance the gas, | 1201 |
|
fumes, or vapor of which when inhaled can induce intoxication, | 1202 |
|
excitement, giddiness, irrational behavior, depression, | 1203 |
|
stupefaction, paralysis, unconsciousness, asphyxiation, or other | 1204 |
|
harmful physiological effects, and includes, but is not limited | 1205 |
|
to, any of the following: | 1206 |
| (J) "Manufacture" means to plant, cultivate, harvest, | 1216 |
|
process, make, prepare, or otherwise engage in any part of the | 1217 |
|
production of a drug, by propagation, extraction, chemical | 1218 |
|
synthesis, or compounding, or any combination of the same, and | 1219 |
|
includes packaging, repackaging, labeling, and other activities | 1220 |
|
incident to production. | 1221 |
| (P) An offense is "committed in the vicinity of a school" if | 1259 |
|
the offender commits the offense on school premises, in a school | 1260 |
|
building, or within one thousand feet of the boundaries of any | 1261 |
|
school premises, regardless of whether the offender knows the | 1262 |
|
offense is being committed on school premises, in a school | 1263 |
|
building, or within one thousand feet of the boundaries of any | 1264 |
|
school premises. | 1265 |
| (Q) "School" means any school operated by a board of | 1266 |
|
education, any community school established under Chapter 3314. of | 1267 |
|
the Revised Code, or any nonpublic school for which the state | 1268 |
|
board of education prescribes minimum standards under section | 1269 |
|
3301.07 of the Revised Code, whether or not any instruction, | 1270 |
|
extracurricular activities, or training provided by the school is | 1271 |
|
being conducted at the time a criminal offense is committed. | 1272 |
| (2) Any other parcel of real property that is owned or leased | 1278 |
|
by a board of education of a school, the governing authority of a | 1279 |
|
community school established under Chapter 3314. of the Revised | 1280 |
|
Code, or the governing body of a nonpublic school for which the | 1281 |
|
state board of education prescribes minimum standards under | 1282 |
|
section 3301.07 of the Revised Code and on which some of the | 1283 |
|
instruction, extracurricular activities, or training of the school | 1284 |
|
is conducted, whether or not any instruction, extracurricular | 1285 |
|
activities, or training provided by the school is being conducted | 1286 |
|
on the parcel of real property at the time a criminal offense is | 1287 |
|
committed. | 1288 |
| (V) "Professional license" means any license, permit, | 1304 |
|
certificate, registration, qualification, admission, temporary | 1305 |
|
license, temporary permit, temporary certificate, or temporary | 1306 |
|
registration that is described in divisions (W)(1) to (36) of this | 1307 |
|
section and that qualifies a person as a professionally licensed | 1308 |
|
person. | 1309 |
| (8) A person who has been issued a cosmetologist's license, | 1333 |
|
hair designer's license, manicurist's license, esthetician's | 1334 |
|
license, natural hair stylist's license, managing cosmetologist's | 1335 |
|
license, managing hair designer's license, managing manicurist's | 1336 |
|
license, managing esthetician's license, managing natural hair | 1337 |
|
stylist's license, cosmetology instructor's license, hair design | 1338 |
|
instructor's license, manicurist instructor's license, esthetics | 1339 |
|
instructor's license, natural hair style instructor's license, | 1340 |
|
independent contractor's license, or tanning facility permit under | 1341 |
|
Chapter 4713. of the Revised Code; | 1342 |
| (BB) An offense is "committed in the vicinity of a juvenile" | 1441 |
|
if the offender commits the offense within one hundred feet of a | 1442 |
|
juvenile or within the view of a juvenile, regardless of whether | 1443 |
|
the offender knows the age of the juvenile, whether the offender | 1444 |
|
knows the offense is being committed within one hundred feet of or | 1445 |
|
within view of the juvenile, or whether the juvenile actually | 1446 |
|
views the commission of the offense. | 1447 |
| Sec. 3705.17. The body of a person whose death occurs in | 1548 |
|
this state shall not be interred, deposited in a vault or tomb, | 1549 |
|
cremated, hydrolyzed, or otherwise disposed of by a funeral | 1550 |
|
director until a burial permit is issued by a local registrar or | 1551 |
|
sub-registrar of vital statistics. No such permit shall be issued | 1552 |
|
by a local registrar or sub-registrar until a satisfactory death, | 1553 |
|
fetal death, or provisional death certificate is filed with the | 1554 |
|
local registrar or sub-registrar. When the medical certification | 1555 |
|
as to the cause of death cannot be provided by the attending | 1556 |
|
physician or coroner prior to burial, for sufficient cause, as | 1557 |
|
determined by rule of the director of health, the funeral director | 1558 |
|
may file a provisional death certificate with the local registrar | 1559 |
|
or sub-registrar for the purpose of securing a burial or | 1560 |
|
burial-transit permit. When the funeral director files a | 1561 |
|
provisional death certificate to secure a burial or burial-transit | 1562 |
|
permit, the funeral director shall file a satisfactory and | 1563 |
|
complete death certificate within five days after the date of | 1564 |
|
death. The director of health, by rule, may provide additional | 1565 |
|
time for filing a satisfactory death certificate. A burial permit | 1566 |
|
authorizing cremation or hydrolysis shall not be issued upon the | 1567 |
|
filing of a provisional certificate of death. | 1568 |
| When a funeral director or other person obtains a burial | 1569 |
|
permit from a local registrar or sub-registrar, the registrar or | 1570 |
|
sub-registrar shall charge a fee of three dollars for the issuance | 1571 |
|
of the burial permit. Two dollars and fifty cents of each fee | 1572 |
|
collected for a burial permit shall be paid into the state | 1573 |
|
treasury to the credit of the division of real estate in the | 1574 |
|
department of commerce to be used by the division in discharging | 1575 |
|
its duties prescribed in Chapter 4767. of the Revised Code and the | 1576 |
|
Ohio cemetery dispute resolution commission created by section | 1577 |
|
4767.05 of the Revised Code. A local registrar or sub-registrar | 1578 |
|
shall transmit payments of that portion of the amount of each fee | 1579 |
|
collected under this section to the treasurer of state on a | 1580 |
|
quarterly basis or more frequently, if possible. The director of | 1581 |
|
health, by rule, shall provide for the issuance of a burial permit | 1582 |
|
without the payment of the fee required by this section if the | 1583 |
|
total cost of the burial will be paid by an agency or | 1584 |
|
instrumentality of the United States, the state or a state agency, | 1585 |
|
or a political subdivision of the state. | 1586 |
| The director of commerce may by rule adopted in accordance | 1587 |
|
with Chapter 119. of the Revised Code reduce the total amount of | 1588 |
|
the fee required by this section and that portion of the amount of | 1589 |
|
the fee required to be paid to the credit of the division of real | 1590 |
|
estate for the use of the division and the Ohio cemetery dispute | 1591 |
|
resolution commission, if the director determines that the total | 1592 |
|
amount of funds the fee is generating at the amount required by | 1593 |
|
this section exceeds the amount of funds the division of real | 1594 |
|
estate and the commission need to carry out their powers and | 1595 |
|
duties prescribed in Chapter 4767. of the Revised Code. | 1596 |
No person in charge of any premises in which interments or, | 1597 |
cremations, or hydrolyses are made shall inter or, cremate, or | 1598 |
|
hydrolyze or otherwise dispose of a body, unless it is accompanied | 1599 |
|
by a burial permit. Each person in charge of a cemetery, crematory | 1600 |
| facility, hydrolysis facility, or other place of disposal shall | 1601 |
|
indorse upon a burial permit the date of interment, cremation, | 1602 |
| hydrolysis, or other disposal and shall retain such permits for a | 1603 |
|
period of at least five years. The person in charge shall keep an | 1604 |
|
accurate record of all interments, cremations, hydrolyses, or | 1605 |
|
other disposal of dead bodies, made in the premises under the | 1606 |
|
person's charge, stating the name of the deceased person, place of | 1607 |
|
death, date of burial, cremation, hydrolysis, or other disposal, | 1608 |
|
and name and address of the funeral director. Such record shall at | 1609 |
|
all times be open to public inspection. | 1610 |
| Sec. 3705.18. When a death occurs outside the state and the | 1611 |
|
body is transported into this state for burial or other | 1612 |
|
disposition, the body must be accompanied by an authorization for | 1613 |
|
final disposition issued in accordance with the laws and health | 1614 |
|
regulations of the place where death occurred. The authorization | 1615 |
|
that accompanied the body shall be accepted as authorization for | 1616 |
|
burial, cremation, hydrolysis, or other disposal in Ohio. The | 1617 |
|
person in charge of place of burial shall endorse and forward the | 1618 |
|
authorization for final disposition that accompanied the body to | 1619 |
|
the local registrar of vital statistics of the registration | 1620 |
|
district in which burial was made. | 1621 |
| Sec. 3705.19. (A) If the deceased served in the armed forces | 1622 |
|
of the United States, the death certificate shall include a | 1623 |
statement of the branch of service in which hethe deceased | 1624 |
|
served, the date of entry into service, the date and type of | 1625 |
|
discharge from such service, and information to show the name and | 1626 |
location of the place where the deceased was buried or, cremated, | 1627 |
or hydrolyzed, date of burial
or, cremation, or hydrolysis, and | 1628 |
|
the location, lot, and grave number of the deceased's burial. | 1629 |
| (B) Whenever the remains of a deceased person are transported | 1630 |
|
into this state for burial or other disposition, the funeral | 1631 |
|
director having responsibility for disposition of the remains | 1632 |
|
shall ascertain from the best qualified persons or sources | 1633 |
|
available whether or not the deceased was a member of the armed | 1634 |
|
forces of the United States. If the funeral director finds the | 1635 |
deceased was a member, hethe funeral director shall also obtain | 1636 |
|
from such persons or sources and shall transcribe on a form | 1637 |
|
prescribed by the director of health, the deceased's branch of | 1638 |
|
service, date of entry into service, date and type of separation | 1639 |
|
or discharge from service, date of birth, state of birth, date of | 1640 |
|
death, date of burial, the name and location of the cemetery, and | 1641 |
|
the lot and grave number where the deceased is buried. The funeral | 1642 |
|
director shall sign the completed form and submit it to the local | 1643 |
|
registrar of vital statistics. If the funeral director is unable | 1644 |
|
to ascertain whether or not the deceased was a member of the armed | 1645 |
|
forces of the United States or ascertains that the deceased was | 1646 |
not a member, hethe funeral director shall enter such information | 1647 |
|
on the form. | 1648 |
| (C) At intervals not to exceed three months, the department | 1655 |
|
of health shall forward to the adjutant general a summary of | 1656 |
|
information concerning deceased members and former members of the | 1657 |
|
armed forces of the United States, including those who died | 1658 |
|
outside this state, but whose remains were buried or received for | 1659 |
|
other final disposition in this state. The summary shall state the | 1660 |
|
name, date of birth, state of birth, date of death, date of entry | 1661 |
|
into service, date and type of separation or discharge from | 1662 |
|
service, branch of service, date of burial, place of burial, and | 1663 |
|
location of grave. At the same time the department forwards this | 1664 |
|
summary to the adjutant general, it shall forward to each county | 1665 |
|
recorder that portion of the summary that relates to burials made, | 1666 |
|
and grave locations situated, within the county. After the summary | 1667 |
|
is sent to the adjutant general, the forms specified in division | 1668 |
|
(B) of this section may be disposed of. | 1669 |
| (B) The product of human conception that suffers a fetal | 1686 |
|
death of at least twenty weeks of gestation occurring in Ohio | 1687 |
|
shall not be interred, deposited in a vault or tomb, cremated, | 1688 |
| hydrolyzed, or otherwise disposed of by a funeral director or | 1689 |
|
other person until a fetal death certificate or provisional death | 1690 |
|
certificate has been filed with and a burial permit is issued by | 1691 |
|
the local registrar of vital statistics of the registration | 1692 |
|
district in which the fetal death occurs, or the body is found. | 1693 |
| Sec. 3707.19. The body of a person who has died of a | 1706 |
|
communicable disease declared by the department of health to | 1707 |
|
require immediate disposal for the protection of others shall be | 1708 |
buried or, cremated, or hydrolyzed within twenty-four hours after | 1709 |
|
death. No public or church funeral shall be held in connection | 1710 |
|
with the burial of such person, and the body shall not be taken | 1711 |
|
into any church, chapel, or other public place. Only adult members | 1712 |
|
of the immediate family of the deceased and such other persons as | 1713 |
are actually necessary may be present at the burial or, cremation, | 1714 |
|
or hydrolysis. | 1715 |
| (B) Excepting public safety vehicles proceeding in accordance | 1723 |
|
with section 4511.45 of the Revised Code or when directed | 1724 |
|
otherwise by a police officer, pedestrians and the operators of | 1725 |
|
all vehicles, street cars, and trackless trolleys shall yield the | 1726 |
|
right of way to each vehicle that is a part of a funeral | 1727 |
|
procession. Whenever the lead vehicle in a funeral procession | 1728 |
|
lawfully enters an intersection, the remainder of the vehicles in | 1729 |
|
the procession may continue to follow the lead vehicle through the | 1730 |
|
intersection notwithstanding any traffic control devices or right | 1731 |
|
of way provisions of the Revised Code, provided that the operator | 1732 |
|
of each vehicle exercises due care to avoid colliding with any | 1733 |
|
other vehicle or pedestrian. | 1734 |
| (D) Except as otherwise provided in this division, whoever | 1740 |
|
violates this section is guilty of a minor misdemeanor. If, within | 1741 |
|
one year of the offense, the offender previously has been | 1742 |
|
convicted of or pleaded guilty to one predicate motor vehicle or | 1743 |
|
traffic offense, whoever violates this section is guilty of a | 1744 |
|
misdemeanor of the fourth degree. If, within one year of the | 1745 |
|
offense, the offender previously has been convicted of two or more | 1746 |
|
predicate motor vehicle or traffic offenses, whoever violates this | 1747 |
|
section is guilty of a misdemeanor of the third degree. | 1748 |
| (C) "Funeral directing" means the business or profession of | 1758 |
|
directing or supervising funerals for profit, the arrangement or | 1759 |
|
sale of funeral services, the filling out or execution of a | 1760 |
|
funeral service contract, the business or profession of preparing | 1761 |
|
dead human bodies for burial by means other than embalming, the | 1762 |
|
disposition of dead human bodies, the provision or maintenance of | 1763 |
|
a place for the preparation, the care, or disposition of dead | 1764 |
|
human bodies, the use in connection with a business of the term | 1765 |
|
"funeral director," "undertaker," "mortician," or any other term | 1766 |
|
from which can be implied the business of funeral directing, or | 1767 |
|
the holding out to the public that one is a funeral director or a | 1768 |
|
disposer of dead human bodies. | 1769 |
| (K) "Crematory facility" means the physical location at which | 1791 |
|
a cremation chamber is located and the cremation process takes | 1792 |
|
place. "Crematory facility" does not include an infectious waste | 1793 |
|
incineration facility for which a license is held under division | 1794 |
|
(B) of section 3734.05 of the Revised Code, or a solid waste | 1795 |
|
incineration facility for which a license is held under division | 1796 |
|
(A) of that section that includes a notation pursuant to division | 1797 |
|
(B)(3) of that section authorizing the facility to also treat | 1798 |
|
infectious wastes, in connection with the incineration of body | 1799 |
|
parts other than dead human bodies that were donated to science | 1800 |
|
for purposes of medical education or research. | 1801 |
| (T) "Preneed funeral contract" means a written agreement, | 1830 |
|
contract, or series of contracts to sell or otherwise provide any | 1831 |
|
funeral services, funeral goods, or any combination thereof to be | 1832 |
|
used in connection with the funeral or final disposition of a dead | 1833 |
|
human body, where payment for the goods or services is made either | 1834 |
|
outright or on an installment basis, prior to the death of the | 1835 |
|
person purchasing the goods or services or for whom the goods or | 1836 |
|
services are purchased. "Preneed funeral contract" does not | 1837 |
|
include any preneed cemetery merchandise and services contract or | 1838 |
|
any agreement, contract, or series of contracts pertaining to the | 1839 |
|
sale of any burial lot, burial or interment right, entombment | 1840 |
|
right, or columbarium right with respect to which an endowment | 1841 |
|
care fund is established or is exempt from establishment pursuant | 1842 |
|
to section 1721.21 of the Revised Code. | 1843 |
| (X) "Hydrolysis" means the technical process of using heat, | 1855 |
|
water, potassium hydroxide or an alternate alkaline solution, and | 1856 |
|
pressure, agitation, or both, to dissolve human tissue within a | 1857 |
|
hydrolysis container and reduce human remains to bone fragments. | 1858 |
|
"Hydrolysis" includes the processing and may include the | 1859 |
|
pulverization of bone fragments. | 1860 |
| Sec. 4717.04. (A) The board of embalmers and funeral | 1874 |
|
directors shall adopt rules in accordance with Chapter 119. of the | 1875 |
|
Revised Code for the government, transaction of the business, and | 1876 |
|
the management of the affairs of the board of embalmers and | 1877 |
|
funeral directors and the crematory review board, and for the | 1878 |
|
administration and enforcement of this chapter. These rules shall | 1879 |
|
include all of the following: | 1880 |
| (b) Purposely violating any provision of sections 4717.01 to | 1921 |
|
4717.15 of the Revised Code or a rule adopted under any of those | 1922 |
|
sections; division (A) or (B) of section 4717.23; division (B)(1) | 1923 |
|
or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions | 1924 |
|
(H) to (K) of section 4717.26; division (D)(1) of section 4717.27; | 1925 |
|
or divisions (A) to (C) of section 4717.28 of the Revised Code; | 1926 |
| Each instance of the commission of any of the types of | 1941 |
|
conduct described in divisions (A)(9)(a), (b), (c), (d), (e), (f), | 1942 |
|
and (g) of this section is a separate violation. The rules adopted | 1943 |
|
under division (A)(9) of this section shall establish the amount | 1944 |
|
of the forfeiture for a violation of each of those divisions. The | 1945 |
|
forfeiture for a first violation shall not exceed five thousand | 1946 |
|
dollars, and the forfeiture for a second or subsequent violation | 1947 |
|
shall not exceed ten thousand dollars. The amount of the | 1948 |
|
forfeiture may differ among the types of violations according to | 1949 |
|
what the board considers the seriousness of each violation. | 1950 |
| Sec. 4717.05. (A) Any person who desires to be licensed as | 1969 |
|
an embalmer shall apply to the board of embalmers and funeral | 1970 |
|
directors on a form provided by the board. The applicant shall | 1971 |
|
include with the application an initial license fee as set forth | 1972 |
|
in section 4717.07 of the Revised Code and evidence, verified by | 1973 |
|
oath and satisfactory to the board, that the applicant meets all | 1974 |
|
of the following requirements: | 1975 |
| (2) If the applicant has pleaded guilty to, has been found by | 1978 |
|
a judge or jury to be guilty of, or has had a judicial finding of | 1979 |
|
eligibility for treatment in lieu of conviction entered against | 1980 |
|
the applicant in this state for aggravated murder, murder, | 1981 |
|
voluntary manslaughter, felonious assault, kidnapping, rape, | 1982 |
|
sexual battery, gross sexual imposition, aggravated arson, | 1983 |
|
aggravated robbery, or aggravated burglary, or has pleaded guilty | 1984 |
|
to, has been found by a judge or jury to be guilty of, or has had | 1985 |
|
a judicial finding of eligibility for treatment in lieu of | 1986 |
|
conviction entered against the applicant in another jurisdiction | 1987 |
|
for a substantially equivalent offense, at least five years has | 1988 |
|
elapsed since the applicant was released from incarceration, a | 1989 |
|
community control sanction, a post-release control sanction, | 1990 |
|
parole, or treatment in connection with the offense. | 1991 |
| (F) A funeral director or embalmer may request the funeral | 2048 |
|
director's or embalmer's license be placed on inactive status by | 2049 |
|
submitting to the board a form prescribed by the board and such | 2050 |
|
other information as the board may request. A funeral director or | 2051 |
|
embalmer may not place the funeral director's or embalmer's | 2052 |
|
license on inactive status unless the funeral director or embalmer | 2053 |
|
is in good standing with the board and is in compliance with | 2054 |
|
applicable continuing education requirements. A funeral director | 2055 |
|
or embalmer who is granted inactive status is prohibited from | 2056 |
|
participating in any activity for which a funeral director's or | 2057 |
|
embalmer's license is required in this state. A funeral director | 2058 |
|
or embalmer who has been granted inactive status is exempt from | 2059 |
|
the continuing education requirements under section 4717.09 of the | 2060 |
|
Revised Code during the period of the inactive status. | 2061 |
| Sec. 4717.06. (A)(1) Any person who desires to obtain a | 2081 |
license to operate a funeral home, embalming facility,
or | 2082 |
|
crematory facility, or hydrolysis facility shall apply to the | 2083 |
|
board of embalmers and funeral directors on a form provided by the | 2084 |
|
board. The application shall include the initial license fee set | 2085 |
|
forth in section 4717.07 of the Revised Code and proof | 2086 |
|
satisfactory to the board that the funeral home, embalming | 2087 |
facility, or crematory facility, or hydrolysis facility is in | 2088 |
|
compliance with rules adopted by the board under section 4717.04 | 2089 |
|
of the Revised Code, rules adopted by the board of building | 2090 |
|
standards under Chapter 3781. of the Revised Code, and all other | 2091 |
|
federal, state, and local requirements relating to the safety of | 2092 |
|
the premises. | 2093 |
(2) If the funeral home, embalming facility, or crematory | 2094 |
|
facility, or hydrolysis facility to which the license application | 2095 |
|
pertains is owned by a corporation or limited liability company, | 2096 |
|
the application shall include the name and address of the | 2097 |
|
corporation's or limited liability company's statutory agent | 2098 |
|
appointed under section 1701.07 or 1705.06 of the Revised Code or, | 2099 |
|
in the case of a foreign corporation, the corporation's designated | 2100 |
|
agent appointed under section 1703.041 of the Revised Code. If the | 2101 |
funeral home, embalming facility, or crematory facility, or | 2102 |
|
hydrolysis facility to which the application pertains is owned by | 2103 |
|
a partnership, the application shall include the name and address | 2104 |
|
of each of the partners. If, at any time after the submission of a | 2105 |
|
license application or issuance of a license, the statutory or | 2106 |
|
designated agent of a corporation or limited liability company | 2107 |
owning a funeral home, embalming facility,
or crematory facility, | 2108 |
|
or hydrolysis facility or the address of the statutory or | 2109 |
|
designated agent changes or, in the case of a partnership, any of | 2110 |
the partners of the funeral home, embalming facility, or crematory | 2111 |
|
facility, or hydrolysis facility or the address of any of the | 2112 |
|
partners changes, the applicant for or holder of the license to | 2113 |
operate the funeral home, embalming facility,
or crematory | 2114 |
|
facility, or hydrolysis facility shall submit written notice to | 2115 |
|
the board, within thirty days after the change, informing the | 2116 |
|
board of the change and of any name or address of a statutory or | 2117 |
|
designated agent or partner that has changed from that contained | 2118 |
|
in the application for the license or the most recent notice | 2119 |
|
submitted under division (A)(2) of this section. | 2120 |
| (a) If embalming will take place at the funeral home, an | 2128 |
|
embalming room that is adequately equipped and maintained. The | 2129 |
|
embalming room shall be kept in a clean and sanitary manner and | 2130 |
|
used only for the embalming, preparation, or holding of dead human | 2131 |
|
bodies. The embalming room shall contain only the articles, | 2132 |
|
facilities, and instruments necessary for those purposes. | 2133 |
| (3) Except as provided in division (B) of section 4717.11 of | 2140 |
|
the Revised Code, a funeral home shall be established and operated | 2141 |
|
only under the name of a holder of a funeral director's license | 2142 |
|
issued by the board who is actually in charge of and ultimately | 2143 |
|
responsible for the funeral home, and a funeral home license shall | 2144 |
|
not include directional or geographical references in the name of | 2145 |
|
the funeral home. The holder of the funeral home license shall be | 2146 |
|
a funeral director licensed under this chapter who is actually in | 2147 |
|
charge of and ultimately responsible for the funeral home. Nothing | 2148 |
|
in division (B)(3) of this section prohibits the holder of a | 2149 |
|
funeral home license from including directional or geographical | 2150 |
|
references in promotional or advertising materials identifying the | 2151 |
|
location of the funeral home. | 2152 |
| (2) The crematory facility shall be adequately equipped and | 2173 |
maintained in a clean and sanitary manner. The crematory shall | 2174 |
contain only the articles, facilities, and instruments necessary | 2175 |
for carrying out the business of the crematory. The crematory | 2176 |
shall contain a separate area for the performance of cremation and | 2177 |
pulverization of dead human bodies, human body parts, and animals. | 2178 |
| The crematory facility may be located in a funeral home, embalming | 2179 |
|
facility, cemetery building, hydrolysis facility, or other | 2180 |
|
building in which the crematory facility may lawfully operate. If | 2181 |
|
a crematory facility engages in the cremation of animals, the | 2182 |
|
crematory facility shall cremate animals in a cremation chamber | 2183 |
|
that also is not used to cremate dead human bodies or human body | 2184 |
|
parts and shall not cremate animals in a cremation chamber used | 2185 |
|
for the cremation of dead human bodies and human body parts. | 2186 |
|
Cremation chambers that are used for the cremation of dead human | 2187 |
|
bodies or human body parts and cremation chambers used for the | 2188 |
|
cremation of animals may be located in the same area. | 2189 |
| (2) The hydrolysis facility shall be adequately equipped and | 2204 |
|
maintained in a clean and sanitary manner. The hydrolysis facility | 2205 |
|
may be located in a funeral home, embalming facility, cemetery | 2206 |
|
building, crematory facility, or other building in which the | 2207 |
|
hydrolysis facility may lawfully operate. If the hydrolysis | 2208 |
|
facility engages in the hydrolysis of animals, the hydrolysis | 2209 |
|
facility shall hydrolyze animals in a hydrolysis chamber that is | 2210 |
|
not also used to hydrolyze dead human bodies or human body parts | 2211 |
|
and shall not hydrolyze animals in a hydrolysis chamber used for | 2212 |
|
the hydrolysis of dead human bodies and human body parts. | 2213 |
|
Hydrolysis chambers that are used for the hydrolysis for dead | 2214 |
|
human bodies or human body parts and the hydrolysis chambers used | 2215 |
|
for the hydrolysis of animals may be located in the same area. | 2216 |
| (C) A holder of a lapsed embalmer's or funeral director's | 2293 |
|
license may reinstate the license with the board by paying the | 2294 |
|
lapsed license fee established under section 4717.07 of the | 2295 |
|
Revised Code, except that if the license is lapsed for more than | 2296 |
|
one hundred eighty days after its expiration date, the holder also | 2297 |
|
shall take and pass the Ohio laws examination for each license as | 2298 |
|
a condition for reinstatement. | 2299 |
| Sec. 4717.10. (A) The board of embalmers and funeral | 2300 |
|
directors may recognize licenses issued to embalmers and funeral | 2301 |
|
directors by other states, and upon presentation of such licenses, | 2302 |
|
may issue to the holder an embalmer's or funeral director's | 2303 |
|
license under this chapter. The board shall charge the same fee as | 2304 |
|
prescribed in section 4717.07 of the Revised Code to issue or | 2305 |
|
renew such an embalmer's or funeral director's license. Such | 2306 |
|
licenses shall be renewed annually as provided in section 4717.08 | 2307 |
|
of the Revised Code. The board shall not issue a license to any | 2308 |
|
person under this section unless the applicant proves that the | 2309 |
|
applicant, in the state in which the applicant is licensed, has | 2310 |
|
complied with requirements substantially equal to those | 2311 |
|
established in section 4717.05 of the Revised Code. | 2312 |
| (C) The board of embalmers and funeral directors may | 2322 |
|
determine under what conditions a courtesy card may be issued to | 2323 |
|
funeral directors in bordering states after taking into account | 2324 |
|
whether and under what conditions and fees such border states | 2325 |
|
issue similar courtesy cards to funeral directors licensed in this | 2326 |
|
state. Applicants for courtesy cards shall apply on forms | 2327 |
|
prescribed by the board, pay an annual fee set by the board for | 2328 |
|
initial applications and renewals, and adhere to such other | 2329 |
|
requirements imposed by the board on courtesy cardholders. | 2330 |
| Sec. 4717.11. (A) A person who is licensed to operate a | 2347 |
|
funeral home shall obtain a new license upon any change in | 2348 |
|
location of the funeral home or any change in ownership of the | 2349 |
|
funeral business that owns the funeral home that results in a | 2350 |
|
majority of the ownership of the funeral business being held by | 2351 |
|
one or more persons who solely or in combination with others did | 2352 |
|
not own a majority of the funeral business immediately prior to | 2353 |
|
the change in ownership. The person licensed to operate the | 2354 |
|
funeral home shall surrender the current license to the board | 2355 |
|
within thirty days after any such change occurs. If a funeral home | 2356 |
is sold, the new
ownerfuneral director who will be actually in | 2357 |
|
charge and ultimately responsible for the funeral home shall apply | 2358 |
|
for a license within thirty days after the date of the closing of | 2359 |
|
the purchase of the funeral home. Upon the filing of an | 2360 |
|
application for a funeral home license by a licensed funeral | 2361 |
|
director, the funeral home may continue to operate until the board | 2362 |
|
denies the funeral home's application. | 2363 |
| (B) When the funeral director who is licensed to operate a | 2364 |
funeral home dies or otherwise ceases to operate the home because | 2365 |
|
of death, resignation, employment termination, sale of the funeral | 2366 |
|
home, or any other reason, the funeral home may continue to | 2367 |
|
operate under that person's name, provided that the name of the | 2368 |
|
new person licensed to operate the funeral home is added to the | 2369 |
|
license within twenty-four months after the previous license | 2370 |
|
holder dies or otherwise ceases to operate the funeral home. The | 2371 |
|
new licensee shall meet the requirements of section 4717.06 of the | 2372 |
|
Revised Code. | 2373 |
| (C) A person who is licensed to operate an embalming facility | 2374 |
|
shall obtain a new license upon any change in location of the | 2375 |
|
embalming facility or any change in ownership of the business | 2376 |
|
entity that owns the embalming facility that results in a majority | 2377 |
|
of the ownership of the business entity being held by one or more | 2378 |
|
persons who solely or in combination with others did not own a | 2379 |
|
majority of the business entity immediately prior to the change in | 2380 |
|
ownership. The person licensed to operate the facility shall | 2381 |
|
surrender the current license to the board within thirty days | 2382 |
|
after any such change occurs. | 2383 |
| (D) A person who is licensed to operate a crematory facility | 2384 |
|
shall obtain a new license upon any change in location of the | 2385 |
|
crematory facility or any change in ownership of the business | 2386 |
|
entity operating the facility that results in a majority of the | 2387 |
|
ownership of the business entity being held by one or more persons | 2388 |
|
who solely or in combination with others did not own a majority of | 2389 |
|
the business entity immediately prior to the change in ownership. | 2390 |
|
The person licensed to operate the crematory facility shall | 2391 |
|
surrender the current license to the board within thirty days | 2392 |
|
after any such change occurs. | 2393 |
| (E) A person who is licensed to operate a hydrolysis facility | 2394 |
|
shall obtain a new license upon any change in the location of the | 2395 |
|
hydrolysis facility or any change in the ownership of the business | 2396 |
|
entity operating the facility that results in a majority of the | 2397 |
|
ownership of the business entity being held by one or more persons | 2398 |
|
who solely or in combination with others did not own a majority of | 2399 |
|
the business entity immediately before the change in ownership. | 2400 |
|
The person licensed to operate the hydrolysis facility shall | 2401 |
|
surrender the current license to the board within thirty days | 2402 |
|
after any such change occurs. | 2403 |
| (4) The conducting of funerals and the burial of dead human | 2430 |
|
bodies in accordance with the ceremonies or rights described in | 2431 |
|
division (B) of this section without the use, employment, or | 2432 |
|
supervision of a licensed embalmer or funeral director, except | 2433 |
|
when the body is that of a person whose death was caused by a | 2434 |
|
virulent communicable disease, in which case the rules of the | 2435 |
|
department of health or board of health having territorial | 2436 |
|
jurisdiction shall apply. | 2437 |
| (1) Engage in the business or profession of funeral directing | 2439 |
|
unless the person is licensed as a funeral director under this | 2440 |
|
chapter, is certified as an apprentice funeral director in | 2441 |
|
accordance with rules adopted under section 4717.04 of the Revised | 2442 |
|
Code and is assisting a funeral director licensed under this | 2443 |
|
chapter, or is a student in a college of mortuary sciences | 2444 |
|
approved by the board and is under the direct supervision of a | 2445 |
|
funeral director licensed by the board; | 2446 |
| (4) Advertise or otherwise offer to provide or convey the | 2461 |
|
impression that the person provides embalming services unless the | 2462 |
|
person is licensed as an embalmer under this chapter and is | 2463 |
|
employed by or under contract to a licensed funeral home or a | 2464 |
|
licensed embalming facility and performs embalming services for | 2465 |
|
the funeral home or embalming facility in a manner consistent with | 2466 |
|
the advertisement, offering, or conveyance; | 2467 |
| (C) No person who holds a funeral home license for a funeral | 2502 |
|
home that is closed, or that is owned by a funeral business in | 2503 |
|
which changes in the ownership of the funeral business result in a | 2504 |
|
majority of the ownership of the funeral business being held by | 2505 |
|
one or more persons who solely or in combination with others did | 2506 |
|
not own a majority of the funeral business immediately prior to | 2507 |
|
the change in ownership, shall fail to submit to the board within | 2508 |
|
thirty days after the closing or such a change in ownership of the | 2509 |
|
funeral business owning the funeral home, a clearly enumerated | 2510 |
|
account of all of the following from which the licensee, at the | 2511 |
|
time of the closing or change in ownership of the funeral business | 2512 |
|
and in connection with the funeral home, was to receive payment | 2513 |
|
for providing funeral services, funeral goods, or any combination | 2514 |
|
of those in connection with the funeral or final disposition of a | 2515 |
|
dead human body: | 2516 |
| (3) Accounts at banks or savings banks insured by the federal | 2522 |
|
deposit insurance corporation, savings and loan associations | 2523 |
|
insured by the federal savings and loan insurance corporation or | 2524 |
|
the Ohio deposit guarantee fund, or credit unions insured by the | 2525 |
|
national credit union administration or a credit union share | 2526 |
|
guaranty corporation organized under Chapter 1761. of the Revised | 2527 |
|
Code that are payable upon the death of the person for whose | 2528 |
|
benefit deposits into the accounts were made. | 2529 |
| (3) The applicant or licensee has purposely violated any | 2539 |
|
provision of sections 4717.01 to 4717.15 or a rule adopted under | 2540 |
|
any of those sections; division (A) or (B) of section 4717.23; | 2541 |
|
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), | 2542 |
|
or divisions (H) to (K) of section 4717.26; division (D)(1) of | 2543 |
|
section 4717.27; or divisions (A) to (C) of section 4717.28 of the | 2544 |
|
Revised Code; any rule or order of the department of health or a | 2545 |
|
board of health of a health district governing the disposition of | 2546 |
|
dead human bodies; or any other rule or order applicable to the | 2547 |
|
applicant or licensee. | 2548 |
| (2) The board shall send to the crematory review board | 2576 |
|
written notice that it proposes to refuse to issue or renew, or | 2577 |
|
proposes to suspend or revoke, a license to operate a crematory | 2578 |
|
facility or hydrolysis facility. If, after the conclusion of the | 2579 |
|
adjudicatory hearing on the matter conducted under division (E) of | 2580 |
|
section 4717.03 of the Revised Code, the board of embalmers and | 2581 |
|
funeral directors finds that any of the circumstances described in | 2582 |
|
divisions (A)(1) to (10) of this section apply to the person named | 2583 |
|
in its proposed action, the board may issue a final order under | 2584 |
|
division (E) of section 4717.03 of the Revised Code refusing to | 2585 |
|
issue or renew, or suspending or revoking, the person's license to | 2586 |
|
operate a crematory facility or hydrolysis facility. | 2587 |
| (C) If the board of embalmers and funeral directors | 2588 |
|
determines that there is clear and convincing evidence that any of | 2589 |
|
the circumstances described in divisions (A)(1) to (10) of this | 2590 |
|
section apply to the holder of a license issued under this chapter | 2591 |
|
and that the licensee's continued practice presents a danger of | 2592 |
|
immediate and serious harm to the public, the board may suspend | 2593 |
|
the licensee's license without a prior adjudicatory hearing. The | 2594 |
|
executive director of the board shall prepare written allegations | 2595 |
|
for consideration by the board. | 2596 |
| The board shall issue a written order of suspension by | 2599 |
|
certified mail or in person in accordance with section 119.07 of | 2600 |
|
the Revised Code. Such an order is not subject to suspension by | 2601 |
|
the court during the pendency of any appeal filed under section | 2602 |
|
119.12 of the Revised Code. If the holder of an embalmer's, | 2603 |
|
funeral director's, funeral home, or embalming facility license | 2604 |
|
requests an adjudicatory hearing by the board, the date set for | 2605 |
|
the hearing shall be within fifteen days, but not earlier than | 2606 |
|
seven days, after the licensee has requested a hearing, unless the | 2607 |
|
board and the licensee agree to a different time for holding the | 2608 |
|
hearing. | 2609 |
| Upon issuing a written order of suspension to the holder of a | 2610 |
|
license to operate a crematory facility or hydrolysis facility, | 2611 |
|
the board of embalmers and funeral directors shall send written | 2612 |
|
notice of the issuance of the order to the crematory review board. | 2613 |
|
The crematory review board shall hold an adjudicatory hearing on | 2614 |
|
the order under division (E) of section 4717.03 of the Revised | 2615 |
|
Code within fifteen days, but not earlier than seven days, after | 2616 |
|
the issuance of the order, unless the crematory review board and | 2617 |
|
the licensee agree to a different time for holding the | 2618 |
|
adjudicatory hearing. | 2619 |
| Any summary suspension imposed under this division shall | 2620 |
|
remain in effect, unless reversed on appeal, until a final | 2621 |
|
adjudicatory order issued by the board of embalmers and funeral | 2622 |
|
directors pursuant to this division and Chapter 119. of the | 2623 |
|
Revised Code, or division (E) of section 4717.03 of the Revised | 2624 |
|
Code, as applicable, becomes effective. The board of embalmers and | 2625 |
|
funeral directors shall issue its final adjudicatory order within | 2626 |
|
sixty days after the completion of its hearing or, in the case of | 2627 |
|
the summary suspension of a license to operate a crematory | 2628 |
|
facility or hydrolysis facility, within sixty days after | 2629 |
|
completion of the adjudicatory hearing by the crematory review | 2630 |
|
board. A failure to issue the order within that time results in | 2631 |
|
the dissolution of the summary suspension order, but does not | 2632 |
|
invalidate any subsequent final adjudicatory order. | 2633 |
| (D) If the board of embalmers and funeral directors suspends | 2634 |
|
or revokes a license held by a funeral director or a funeral home | 2635 |
|
for any reason identified in division (A) of this section, the | 2636 |
|
board may file a complaint with the court of common pleas in the | 2637 |
|
county where the violation occurred requesting appointment of a | 2638 |
|
receiver and the sequestration of the assets of the funeral home | 2639 |
|
that held the suspended or revoked license or the licensed funeral | 2640 |
|
home that employs the funeral director that held the suspended or | 2641 |
|
revoked license. If the court of common pleas is satisfied with | 2642 |
|
the application for a receivership, the court may appoint a | 2643 |
|
receiver. | 2644 |
| The board or a receiver may employ and procure whatever | 2645 |
|
assistance or advice is necessary in the receivership or | 2646 |
|
liquidation and distribution of the assets of the funeral home, | 2647 |
|
and, for that purpose, may retain officers or employees of the | 2648 |
|
funeral home as needed. All expenses of the receivership or | 2649 |
|
liquidation shall be paid from the assets of the funeral home and | 2650 |
|
shall be a lien on those assets, and that lien shall be a priority | 2651 |
|
to any other lien. | 2652 |
| (E) Any holder of a license issued under this chapter who has | 2653 |
|
pleaded guilty to, has been found by a judge or jury to be guilty | 2654 |
|
of, or has had a judicial finding of eligibility for treatment in | 2655 |
|
lieu of conviction entered against the individual in this state | 2656 |
|
for aggravated murder, murder, voluntary manslaughter, felonious | 2657 |
|
assault, kidnapping, rape, sexual battery, gross sexual | 2658 |
|
imposition, aggravated arson, aggravated robbery, or aggravated | 2659 |
|
burglary, or who has pleaded guilty to, has been found by a judge | 2660 |
|
or jury to be guilty of, or has had a judicial finding of | 2661 |
|
eligibility for treatment in lieu of conviction entered against | 2662 |
|
the individual in another jurisdiction for any substantially | 2663 |
|
equivalent criminal offense, is hereby suspended from practice | 2664 |
|
under this chapter by operation of law, and any license issued to | 2665 |
|
the individual under this chapter is hereby suspended by operation | 2666 |
|
of law as of the date of the guilty plea, verdict or finding of | 2667 |
|
guilt, or judicial finding of eligibility for treatment in lieu of | 2668 |
|
conviction, regardless of whether the proceedings are brought in | 2669 |
|
this state or another jurisdiction. The board shall notify the | 2670 |
|
suspended individual of the suspension of the individual's license | 2671 |
|
by the operation of this division by certified mail or in person | 2672 |
|
in accordance with section 119.07 of the Revised Code. If an | 2673 |
|
individual whose license is suspended under this division fails to | 2674 |
|
make a timely request for an adjudicatory hearing, the board shall | 2675 |
|
enter a final order revoking the license. | 2676 |
| Sec. 4717.21. (A) Any person, on an antemortem basis, may | 2724 |
|
serve as the person's own authorizing agent, authorize the | 2725 |
|
person's own cremation or hydrolysis, and specify the arrangements | 2726 |
|
for the final disposition of the person's own cremated or | 2727 |
hydrolyzed remains by executing an antemortem
cremation | 2728 |
|
authorization form. A guardian, custodian, or other personal | 2729 |
|
representative who is authorized by law or contract to do so on | 2730 |
|
behalf of a person, on an antemortem basis, may authorize the | 2731 |
|
cremation or hydrolysis of the person and specify the arrangements | 2732 |
|
for the final disposition of the person's cremated or hydrolyzed | 2733 |
remains by executing an antemortem cremation authorization form on | 2734 |
the person's behalf. Any such antemortem cremation authorization | 2735 |
|
form also shall be signed by one witness. The original copy of the | 2736 |
|
executed authorization form shall be sent to the operator of the | 2737 |
|
crematory or hydrolysis facility being authorized to conduct the | 2738 |
|
cremation or hydrolysis, and a copy shall be retained by the | 2739 |
|
person who executed the authorization form. The person who | 2740 |
executed an antemortem cremation authorization form may revoke the | 2741 |
|
authorization at any time by providing written notice of the | 2742 |
|
revocation to the operator of the crematory or hydrolysis facility | 2743 |
|
named in the authorization form. The person who executed the | 2744 |
|
authorization form may transfer the authorization to another | 2745 |
|
crematory or hydrolysis facility by providing written notice to | 2746 |
the operator of
the crematorysuch facility named in the original | 2747 |
|
authorization of the revocation of the authorization and, in | 2748 |
|
accordance with this division, executing a new antemortem | 2749 |
cremation authorization form authorizing the operator of another | 2750 |
crematory facility to conduct the cremation or hydrolysis. | 2751 |
| NOTICE: Upon the death of the person who is the subject of | 2759 |
this antemortem cremation authorization, the person holding the | 2760 |
|
right of disposition under section 2108.70 or 2108.81 of the | 2761 |
|
Revised Code may cancel the cremation or hydrolysis arrangements, | 2762 |
|
modify the arrangements for the final disposition of the cremated | 2763 |
| or hydrolyzed remains, or make alternative arrangements for the | 2764 |
|
final disposition of the decedent's body. However, the person | 2765 |
executing this antemortem cremation authorization is encouraged to | 2766 |
|
state his or her preferences as to the manner of final disposition | 2767 |
|
in a declaration of the right of disposition pursuant to section | 2768 |
|
2108.72 of the Revised Code, including that the arrangements set | 2769 |
|
forth in this form shall be followed. | 2770 |
| (C)(1) Except as provided in division (C)(2) of this section, | 2771 |
|
when the operator of a crematory or hydrolysis facility is in | 2772 |
possession of a cremationan authorization form that has been | 2773 |
|
executed on an antemortem basis in accordance with this section, | 2774 |
|
the other conditions set forth in division (A) of section 4717.23 | 2775 |
of the Revised Code have been met, the crematory facility has | 2776 |
|
possession of the decedent to which the antemortem authorization | 2777 |
pertains, and the crematory facility has received payment for the | 2778 |
|
cremation or hydrolysis of the decedent and the final disposition | 2779 |
|
of the cremated or hydrolyzed remains of the decedent or is | 2780 |
otherwise assured of payment for those services, the
crematory | 2781 |
|
facility shall cremate or hydrolyze the decedent as directed and | 2782 |
dispose of the cremated remains in accordance with the | 2783 |
instructions contained in the antemortem
cremation authorization | 2784 |
|
form. | 2785 |
| (2) A person with the right of disposition for a decedent | 2786 |
|
under section 2108.70 or 2108.81 of the Revised Code who is not | 2787 |
|
disqualified under section 2108.75 of the Revised Code may cancel | 2788 |
|
the arrangements for the decedent's cremation or hydrolysis, | 2789 |
|
modify the arrangements for the final disposition of the | 2790 |
|
decedent's cremated or hydrolyzed remains, or make alternative | 2791 |
|
arrangements for the final disposition of the decedent's body. If | 2792 |
|
a person with the right takes any such action, the operator shall | 2793 |
disregard the instructions contained in the cremationantemortem | 2794 |
|
authorization form and follow the instructions of the person with | 2795 |
|
the right. | 2796 |
(D) An antemortem cremation authorization form executed under | 2797 |
|
division (A) of this section does not constitute a contract for | 2798 |
|
conducting the cremation or hydrolysis of the person named in the | 2799 |
|
authorization form or for the final disposition of the person's | 2800 |
|
cremated or hydrolyzed remains. Despite the existence of such an | 2801 |
antemortem
cremation authorization, a person identified under | 2802 |
division (A) of section 4717.22 of the Revised Code as being | 2803 |
entitled to act as the authorizing agentwith the right of | 2804 |
disposition for the cremation of thea decedent named in the | 2805 |
antemortem authorization, in the descending order of priority in | 2806 |
which they are listed,under section 2108.70 or 2108.81 of the | 2807 |
|
Revised Code may modify, in writing, the arrangements for the | 2808 |
|
final disposition of the cremated or hydrolyzed remains of the | 2809 |
|
decedent set forth in the authorization form or may cancel the | 2810 |
|
cremation or hydrolysis and claim the decedent's body for purposes | 2811 |
|
of making alternative arrangements for the final disposition of | 2812 |
the decedent's body. The revocation of an antemortem cremation | 2813 |
|
authorization form executed under division (A) of this section, or | 2814 |
|
the cancellation of the cremation or hydrolysis of the person | 2815 |
|
named in the antemortem authorization or modification of the | 2816 |
|
arrangements for the final disposition of the person's cremated or | 2817 |
|
hydrolyzed remains as authorized by this division, does not affect | 2818 |
|
the validity or enforceability of any contract entered into for | 2819 |
|
the cremation or hydrolysis of the person named in the antemortem | 2820 |
|
authorization or for the final disposition of the person's | 2821 |
|
cremated or hydrolyzed remains. | 2822 |
| (E) Nothing in this section applies to any antemortem | 2823 |
cremation authorization form executed prior to the effective date | 2824 |
|
of this section. Any cemetery, funeral home, crematory facility, | 2825 |
| hydrolysis facility or other party may specify, with the written | 2826 |
|
approval of the person who executed the antemortem authorization, | 2827 |
|
that such an antemortem authorization is subject to sections | 2828 |
|
4717.21 to 4717.30 of the Revised Code. | 2829 |
| (C) If body parts were removed from a decedent whose body was | 2841 |
|
donated to science for purposes of medical education or research, | 2842 |
|
the person who has the right of disposition under section 2108.70 | 2843 |
|
or 2108.81 of the Revised Code may serve as the authorizing agent | 2844 |
|
for the cremation or hydrolysis of the body parts. In the absence | 2845 |
|
of any action by the person with the right of disposition with | 2846 |
|
respect to the cremation or hydrolysis of such body parts, the | 2847 |
|
medical education or research facility to which the decedent's | 2848 |
|
body was donated may serve as the authorizing agent for the | 2849 |
|
cremation or hydrolysis of such parts. | 2850 |
| (1) A period of at least twenty-four hours has elapsed since | 2857 |
|
the decedent's death as indicated on a complete, nonprovisional | 2858 |
|
death certificate filed under section 3705.16 of the Revised Code | 2859 |
|
or under the laws of another state that are substantially | 2860 |
|
equivalent to that section, unless, if the decedent died from a | 2861 |
|
virulent communicable disease, the department of health or board | 2862 |
|
of health having territorial jurisdiction where the death of the | 2863 |
|
decedent occurred requires by rule or order the cremation or | 2864 |
|
hydrolysis to occur prior to the end of that period; | 2865 |
(3) The operator has received a completed cremation | 2869 |
|
authorization form executed pursuant to section 4717.21 or 4717.24 | 2870 |
|
of the Revised Code, as applicable, that authorizes the cremation | 2871 |
or hydrolysis of the decedent. A blank
cremation authorization | 2872 |
|
form shall be provided by the operator and shall comply with | 2873 |
|
section 4717.24 of the Revised Code and, if applicable, section | 2874 |
|
4717.21 of the Revised Code. | 2875 |
| (B) No operator of a crematory or hydrolysis facility shall | 2878 |
|
cremate or hydrolyze, or allow the cremation or hydrolysis of, any | 2879 |
|
body parts, including, without limitation, dead human bodies that | 2880 |
|
were donated to science for purposes of medical research or | 2881 |
education, at a crematorythe facility the operator is licensed to | 2882 |
|
operate in this state until both of the following have occurred: | 2883 |
| (4) A statement that the authorizing agent in fact has the | 2905 |
|
right to authorize cremation or hydrolysis of the decedent and | 2906 |
|
that the authorizing agent does not have actual knowledge of the | 2907 |
|
existence of any living person who has a superior priority right | 2908 |
|
to act as the authorizing agent under section 4717.22 of the | 2909 |
Revised Code. If the person executing the cremation authorization | 2910 |
|
form knows of another living person who has such a superior | 2911 |
|
priority right, the authorization form shall include a statement | 2912 |
|
indicating that the person executing the authorization form has | 2913 |
|
made reasonable efforts to contact the person having the superior | 2914 |
|
priority right and has been unable to do so and that the person | 2915 |
|
executing the authorization form has no reason to believe that the | 2916 |
|
person having the superior priority right would object to the | 2917 |
|
cremation or hydrolysis of the decedent. | 2918 |
(7) AIn the case of a cremation authorization form, a | 2929 |
|
statement of whether the crematory facility is authorized to | 2930 |
|
simultaneously cremate the decedent in the same cremation chamber | 2931 |
|
with one or more other decedents who were related to the decedent | 2932 |
|
named in the cremation authorization form by consanguinity or | 2933 |
|
affinity or who, at any time during the one-year period preceding | 2934 |
|
the decedent's death, lived with the decedent in a common law | 2935 |
|
marital relationship or otherwise cohabited with the decedent. A | 2936 |
|
cremation authorization form executed under this section shall not | 2937 |
|
authorize the simultaneous cremation of a decedent in the same | 2938 |
|
cremation chamber with one or more other decedents except under | 2939 |
|
the circumstances described in the immediately preceding sentence. | 2940 |
| (12) The manner in which the final disposition of the | 2961 |
|
cremated or hydrolyzed remains of the decedent is to occur, if | 2962 |
known. If the cremation authorization form does not specify the | 2963 |
|
manner of the final disposition of the cremated or hydrolyzed | 2964 |
remains, it shall indicate that the cremated remains will be held | 2965 |
|
by the crematory or hydrolysis facility for thirty days after the | 2966 |
|
cremation or hydrolysis, unless, prior to the end of that period, | 2967 |
they are picked up from the crematory facility by the person | 2968 |
designated on the cremation authorization form to receive them, | 2969 |
|
the authorizing agent, or, if applicable, the funeral director who | 2970 |
|
obtained the burial or burial-transit permit for the decedent, or | 2971 |
are delivered or shipped by the operator of the crematory facility | 2972 |
|
to one of those persons. The authorization form shall indicate | 2973 |
|
that if no instructions for the final disposition are provided on | 2974 |
|
the authorization form and that if no arrangements for final | 2975 |
|
disposition have been made within the thirty-day period, the | 2976 |
crematory facility may return the cremated remains to the | 2977 |
|
authorizing agent. The authorization form shall further indicate | 2978 |
that if no arrangements for the final disposition of the cremated | 2979 |
|
remains have been made within sixty days after the completion of | 2980 |
|
the cremation or hydrolysis and if the authorizing agent has not | 2981 |
|
picked them up or caused them to be picked up within that period, | 2982 |
|
the operator or funeral director may dispose of them in accordance | 2983 |
|
with division (C) of section 4717.27 of the Revised Code. | 2984 |
(17) The signature of a funeral director licensed under this | 3001 |
chapter, or another individual, as a witness. If a licensed | 3002 |
funeral director signs the authorization form as a witness, the | 3003 |
funeral director is responsible for verifying the accuracy of the | 3004 |
information and statements required under divisions (A)(1) and (2) | 3005 |
of this section, but is not responsible for verifying the accuracy | 3006 |
of any of the other information or statements provided on the | 3007 |
authorization form by the authorizing agent, unless the funeral | 3008 |
director has actual knowledge to the contrary regarding any of the | 3009 |
other information or statements. In addition, at the time the | 3010 |
decedent is delivered to the crematory facility, the funeral | 3011 |
director shall certify that the dead human body delivered to the | 3012 |
crematory facility is that of the decedent identified on the | 3013 |
authorization form and shall certify that the responsibility | 3014 |
imposed on the funeral director by division (B) of section 4717.29 | 3015 |
of the Revised Code has been carried out. If an individual other | 3016 |
than a licensed funeral director signs the authorization form as a | 3017 |
witness, the individual is not responsible for the accuracy of any | 3018 |
of the information or statements provided on the authorization | 3019 |
form, unless the individual has actual knowledge to the contrary | 3020 |
regarding any of the information or statements provided by the | 3021 |
|
authorizing agent and the signature of at least one witness who | 3022 |
|
observed the authorizing agent execute the cremation or hydrolysis | 3023 |
|
authorization form. | 3024 |
| (B) In making the identification of the decedent required by | 3025 |
|
division (A)(1) of this section, the funeral home arranging the | 3026 |
|
cremation or hydrolysis shall require the authorizing agent or the | 3027 |
|
agent's appointed representative to visually identify the | 3028 |
|
decedent's remains or a photograph or other visual image of the | 3029 |
|
remains. If identification is by photograph or other visual image, | 3030 |
|
the authorizing agent or representative shall sign the photograph | 3031 |
|
or other visual image. If visual identification is not feasible, | 3032 |
|
other positive identification of the decedent may be used | 3033 |
|
including, but not limited to, reliance upon an identification | 3034 |
|
made through the coroner's office or identification of photographs | 3035 |
|
or other visual images of scars, tattoos, or physical deformities | 3036 |
|
taken from the decedent's remains. | 3037 |
| (C) An authorizing agent who is not available to execute a | 3038 |
|
cremation or hydrolysis authorization form in person may designate | 3039 |
|
another individual to serve as the authorizing agent by providing | 3040 |
|
to the operator of the crematory or hydrolysis facility where the | 3041 |
|
cremation or hydrolysis is to occur a written designation, | 3042 |
|
acknowledged before a notary public or other person authorized to | 3043 |
|
administer oaths, authorizing that other individual to serve as | 3044 |
|
the authorizing agent, or by sending to the operator a facsimile | 3045 |
|
transmission of the written designation that has been so | 3046 |
|
acknowledged. Any such written designation shall contain the name | 3047 |
|
of the decedent, the name and address of the authorizing agent, | 3048 |
|
the relationship of the authorizing agent to the decedent, and the | 3049 |
|
name and address of the individual who is being designated to | 3050 |
|
serve as the authorizing agent. Upon receiving such a written | 3051 |
|
designation or a facsimile transmission of such a written | 3052 |
|
designation, the operator shall permit the individual named in the | 3053 |
|
written designation to serve as the authorizing agent and to | 3054 |
execute the cremation authorization form authorizing the cremation | 3055 |
| or hydrolysis of the decedent named in the written designation. | 3056 |
(C)(D) An authorizing agent who signs a cremation or | 3057 |
|
hydrolysis authorization form under this section is hereby deemed | 3058 |
|
to warrant the accuracy of the information and statements | 3059 |
contained in thesuch authorization form, including the person's | 3060 |
| identification of the decedent and the agent's authority to | 3061 |
|
authorize the cremation or hydrolysis. A funeral home and its | 3062 |
|
employees are not responsible for verifying the accuracy of any | 3063 |
|
information or statements the authorizing agent made on the | 3064 |
|
authorization form, unless the funeral home or its employees have | 3065 |
|
actual knowledge to the contrary regarding any such information or | 3066 |
|
statement. When delivering the decedent's remains to a crematory | 3067 |
|
or hydrolysis facility or in carrying out the disposition in its | 3068 |
|
own facility, the funeral home is responsible for having the | 3069 |
|
decedent identified pursuant to division (B) of this section and | 3070 |
|
carrying out the obligations imposed on the funeral home by | 3071 |
|
division (B) of section 4717.29 of the Revised Code. | 3072 |
(D)(E) At any time after executing a cremation or hydrolysis | 3073 |
|
authorization form and prior to the beginning of the cremation or | 3074 |
|
hydrolysis process, the authorizing agent who executed the | 3075 |
cremation authorization form under division (A) or (B)(C) of this | 3076 |
|
section may, in writing, modify the arrangements for the final | 3077 |
|
disposition of the cremated or hydrolyzed remains of the decedent | 3078 |
|
set forth in the authorization form or may, in writing, revoke the | 3079 |
|
authorization, cancel the cremation or hydrolysis, and claim the | 3080 |
|
decedent's body for purposes of making alternative arrangements | 3081 |
|
for the final disposition of the decedent's body. The operator of | 3082 |
a crematory facility shall cancel the cremation or hydrolysis if | 3083 |
|
the operator receives such a revocation before beginning the | 3084 |
|
cremation or hydrolysis. | 3085 |
(E)(F) A cremation or hydrolysis authorization form executed | 3086 |
|
under this section does not constitute a contract for conducting | 3087 |
|
the cremation or hydrolysis of the decedent named in the | 3088 |
|
authorization form or for the final disposition of the cremated or | 3089 |
hydrolyzed remains of the decedent. The revocation of a cremation | 3090 |
| the authorization form or modification of the arrangements for the | 3091 |
|
final disposition of the cremated or hydrolyzed remains of the | 3092 |
decedent pursuant to division
(D)(E) of this section does not | 3093 |
|
affect the validity or enforceability of any contract for the | 3094 |
|
cremation or hydrolysis of the decedent named in the authorization | 3095 |
|
form or for the final disposition of the cremated or hydrolyzed | 3096 |
|
remains of the decedent. | 3097 |
| (8) The manner in which the final disposition of the cremated | 3135 |
or hydrolyzed remains is to occur, if known. If the cremation | 3136 |
|
authorization form does not specify the manner of the final | 3137 |
|
disposition of the cremated or hydrolyzed remains, it shall | 3138 |
indicate that the cremated remains will be held by the crematory | 3139 |
|
facility for thirty days after the cremation or hydrolysis, | 3140 |
|
unless, prior to the end of that period, they are picked up from | 3141 |
the crematory facility by the person designated on the | 3142 |
|
authorization form to receive them or by the authorizing agent, or | 3143 |
are delivered or shipped by the operator of the crematory facility | 3144 |
|
to one of those persons. The authorization form shall indicate | 3145 |
|
that if no instructions for the final disposition of the cremated | 3146 |
| or hydrolyzed remains are provided on the authorization form and | 3147 |
|
that if no arrangements for final disposition have been made | 3148 |
within the thirty-day period, the crematory facility may return | 3149 |
the cremated remains to the authorizing agent. The authorization | 3150 |
|
form shall further indicate that if no arrangements for the final | 3151 |
disposition of the cremated remains have been made within sixty | 3152 |
|
days after the cremation or hydrolysis and if the authorizing | 3153 |
|
agent or person designated on the authorization form to receive | 3154 |
the cremated remains has not picked them up or caused them to be | 3155 |
|
picked up within that period, the operator may dispose of them in | 3156 |
|
accordance with division (C)(1) or (2) of section 4717.27 of the | 3157 |
|
Revised Code. | 3158 |
| (C) At any time after executing a cremation or hydrolysis | 3167 |
|
authorization form and prior to the beginning of the cremation or | 3168 |
hydrolysis process, an authorizing agent who executed a cremation | 3169 |
| such an authorization form under this section may, in writing, | 3170 |
|
revoke the authorization, cancel the cremation or hydrolysis, and | 3171 |
|
claim the decedent's body or the body parts for purposes of making | 3172 |
|
alternative arrangements for the final disposition of the | 3173 |
decedent's body or the body parts. The operator of a crematory | 3174 |
|
facility shall cancel the cremation or hydrolysis if the operator | 3175 |
|
receives such a revocation before beginning the cremation or | 3176 |
|
hydrolysis. | 3177 |
| (D) A cremation or hydrolysis authorization form executed | 3178 |
|
under this section does not constitute a contract for conducting | 3179 |
|
the cremation or hydrolysis of the decedent named in the | 3180 |
|
authorization form or body parts removed from the decedent or | 3181 |
|
living person named in the form or for the final disposition of | 3182 |
|
the cremated or hydrolyzed remains of the decedent or body parts. | 3183 |
The revocation of a cremationan authorization form or | 3184 |
|
modification of the arrangements for the final disposition of the | 3185 |
|
cremated or hydrolyzed remains of the decedent or the body parts | 3186 |
|
pursuant to division (C) of this section does not affect the | 3187 |
|
validity or enforceability of any contract for the cremation or | 3188 |
|
hydrolysis of the decedent named in the authorization form, the | 3189 |
|
cremation or hydrolysis of body parts from the decedent or living | 3190 |
|
person named in the authorization form, or the final disposition | 3191 |
|
of the cremated or hydrolyzed remains of the decedent or body | 3192 |
|
parts. | 3193 |
| Sec. 4717.26. (A) The operator of a crematory or hydrolysis | 3194 |
|
facility may schedule the time for the cremation or hydrolysis of | 3195 |
|
a dead human body to occur at the operator's own convenience at | 3196 |
|
any time after the conditions set forth in division (A) or (B) of | 3197 |
|
section 4717.23 of the revised code, as applicable, have been met | 3198 |
|
and the decedent or body parts have been delivered to the | 3199 |
|
facility, unless, in the case of a dead human body, the operator | 3200 |
|
has received specific instructions to the contrary on the | 3201 |
|
cremation or hydrolysis authorization form authorizing the | 3202 |
|
cremation or hydrolysis of the decedent executed under section | 3203 |
|
4717.21, 4717.24, or 4717.25 of the Revised Code. The operator of | 3204 |
|
a crematory or hydrolysis facility becomes responsible for a dead | 3205 |
|
human body or body parts when the body or body parts have been | 3206 |
|
delivered to or accepted by the facility or an employee or agent | 3207 |
|
of the facility. | 3208 |
| (1) Upon receipt at the crematory or hydrolysis facility of | 3211 |
|
any dead human body that has not been embalmed, and subject to the | 3212 |
|
prohibition set forth in division (C)(1) of this section, place | 3213 |
the body in a holding or refrigerated facility at the crematory | 3214 |
|
facility and keep the body in the holding or refrigerated facility | 3215 |
|
until near the time the cremation or hydrolysis process commences | 3216 |
|
or until the body is held at the facility for eight hours or | 3217 |
|
longer. If the body is held for eight hours or longer, place the | 3218 |
body in a refrigerated facility at the
crematory facility and keep | 3219 |
|
the body in the refrigerated facility until near the time the | 3220 |
|
cremation or hydrolysis process commences; | 3221 |
| (D) No operator of a crematory or hydrolysis facility shall | 3238 |
|
simultaneously cremate or hydrolyze more than one decedent or body | 3239 |
|
parts removed from more than one decedent or living person in the | 3240 |
same cremation or hydrolysis chamber unless the cremation | 3241 |
|
authorization forms executed under section 4717.21, 4717.24, or | 3242 |
|
4717.25 of the Revised Code authorizing the cremation or | 3243 |
|
hydrolysis of each of the decedents or body parts removed from | 3244 |
|
each decedent or living person specifically authorize such a | 3245 |
|
simultaneous cremation or hydrolysis. This division does not | 3246 |
|
prohibit the use of cremation equipment that contains more than | 3247 |
|
one cremation chamber. | 3248 |
| (E) No operator of a crematory or hydrolysis facility shall | 3249 |
permit any persons other than employees of the crematory facility, | 3250 |
|
the authorizing agent for the cremation or hydrolysis of the | 3251 |
decedent who is to be, is being, or was cremated, persons | 3252 |
|
designated to be present at the cremation or hydrolysis of the | 3253 |
decedent on the cremation authorization form executed under | 3254 |
|
section 4717.21 or 4717.24 of the Revised Code, and persons | 3255 |
authorized by the individual who is actually in chargeoperator of | 3256 |
the crematory facility, to be present in the holding facility or | 3257 |
cremation roomor hydrolysis area while any dead human bodies or | 3258 |
body parts are being held there prior to cremation or are being | 3259 |
cremated or while any cremated remains are being removed from the | 3260 |
cremation chamberor during the cremation or hydrolysis process. | 3261 |
| (F)(1) No operator of a crematory or hydrolysis facility | 3262 |
|
shall remove any dental gold, body parts, organs, or other items | 3263 |
|
of value from a dead human body prior to the cremation or | 3264 |
|
hydrolysis or from the cremated or hydrolyzed remains after | 3265 |
cremation or hydrolysis unless the cremation authorization form | 3266 |
|
authorizing the cremation or hydrolysis of the decedent executed | 3267 |
|
under section 4717.21 or 4717.24 of the Revised Code specifically | 3268 |
|
authorizes the removal thereof. | 3269 |
| (G) Upon the completion of each cremation or hydrolysis, the | 3275 |
|
operator of a crematory or hydrolysis facility shall remove from | 3276 |
|
the cremation or hydrolysis chamber all of the cremation or | 3277 |
|
hydrolysis residue that is practicably recoverable. If the | 3278 |
cremation authorization form executed under section 4717.21, | 3279 |
|
4717.24, or 4717.25 of the Revised Code specifies that the | 3280 |
|
cremated or hydrolyzed remains are to be placed in an urn, the | 3281 |
|
operator shall place them in the type of urn specified on the | 3282 |
|
authorization form. If the authorization form does not specify | 3283 |
|
that the cremated or hydrolyzed remains are to be placed in an | 3284 |
|
urn, the operator shall place them in a temporary container. If | 3285 |
|
not all of the recovered cremated or hydrolyzed remains will fit | 3286 |
|
in the urn selected or the temporary container, the operator shall | 3287 |
|
place the remainder in a separate temporary container, and the | 3288 |
cremated remains placed in the separate temporary container shall | 3289 |
|
be delivered, released, or disposed of along with those in the urn | 3290 |
|
or other temporary container. Nothing in this section requires an | 3291 |
operator of a crematory facility to recover any specified quantity | 3292 |
|
or quality of cremated or hydrolyzed remains upon the completion | 3293 |
of a cremation or hydrolysis, but only requires an operator to | 3294 |
|
recover from the cremation or hydrolysis chamber all of the | 3295 |
|
cremation or hydrolysis residue that is practically recoverable. | 3296 |
| (H) No operator of a crematory or hydrolysis facility shall | 3297 |
|
knowingly represent to an authorizing agent or a designee of an | 3298 |
|
authorizing agent that an urn or temporary container contains the | 3299 |
|
recovered cremated or hydrolyzed remains of a specific decedent or | 3300 |
|
of body parts removed from a specific decedent or living person | 3301 |
|
when it does not. This division does not prohibit the making of | 3302 |
|
such a representation because of the presence in the recovered | 3303 |
|
cremated or hydrolyzed remains of de minimus amounts of the | 3304 |
|
cremated or hydrolyzed remains of another decedent or of body | 3305 |
|
parts removed from another decedent or living person that were not | 3306 |
|
practicably recoverable and that remained in the cremation or | 3307 |
hydrolysis chamber after the cremated remains from any previous | 3308 |
cremationscremation or hydrolysis were removed. | 3309 |
| (I) No operator of a crematory or hydrolysis facility or | 3310 |
|
funeral director shall ship or cause to be shipped any cremated or | 3311 |
|
hydrolyzed remains by a class or method of mail, common carrier | 3312 |
|
service, or delivery service that does not have an internal system | 3313 |
for tracing the location of the cremated remains during shipment | 3314 |
|
and that does not require a signed receipt from the person | 3315 |
accepting delivery of the cremated remains. | 3316 |
| (B) If the cremation or hydrolysis authorization form does | 3336 |
|
not contain instructions for the final disposition of the cremated | 3337 |
| or hydrolyzed remains of the decedent or body parts, if no | 3338 |
|
arrangements for the disposition of the cremated or hydrolyzed | 3339 |
|
remains are made within thirty days after the completion of the | 3340 |
cremation or hydrolysis, and if the crematedsuch remains have not | 3341 |
|
been picked up within that thirty-day period by the person | 3342 |
|
designated to receive them on the authorization form or, in the | 3343 |
|
absence of such a designated person, by the authorizing agent, the | 3344 |
operator of the
crematory facility or the funeral home holding | 3345 |
|
the unclaimed cremated or hydrolyzed remains, at the end of that | 3346 |
|
thirty-day period, may release or deliver them in person to, or | 3347 |
|
cause their delivery by a method described in division (I) of | 3348 |
|
section 4717.26 of the Revised Code that is acceptable under that | 3349 |
|
division to, the person designated to receive them on the | 3350 |
cremation authorization form or, if no person has been so | 3351 |
|
designated, to the authorizing agent. | 3352 |
| (C)(1) If the cremation or hydrolysis authorization form does | 3353 |
|
not contain instructions for the final disposition of the cremated | 3354 |
| or hydrolyzed remains of the decedent or body parts, if no | 3355 |
arrangements for the final disposition of the crematedsuch | 3356 |
|
remains are made within sixty days after the completion of the | 3357 |
cremation or hydrolysis, and if the crematedsuch remains have not | 3358 |
|
been picked up by the person designated on the authorization form | 3359 |
|
to receive them or, in the absence of such a designated person, by | 3360 |
the authorizing agent, the operator of the
crematory facility or | 3361 |
|
the funeral home holding the unclaimed cremated or hydrolyzed | 3362 |
remains may dispose of the crematedsuch remains in a grave, | 3363 |
|
crypt, or niche at any time after the end of that sixty-day | 3364 |
|
period. | 3365 |
| (2) If the cremation or hydrolysis authorization form | 3366 |
|
specifies the manner of the final disposition of the cremated or | 3367 |
|
hydrolyzed remains, or if within sixty days after the completion | 3368 |
|
of the cremation or hydrolysis, the authorizing agent makes | 3369 |
|
arrangements for the final disposition of the cremated or | 3370 |
|
hydrolyzed remains, and if either the arrangements have not been | 3371 |
|
carried out within that sixty-day period because of the inaction | 3372 |
of a party other than the operator of the crematory facility or | 3373 |
|
the funeral home holding the unclaimed cremated or hydrolyzed | 3374 |
|
remains, or the authorizing agent fails to pick up the cremated or | 3375 |
|
hydrolyzed remains within that sixty-day period, the operator of | 3376 |
the crematory facility or the funeral home holding the unclaimed | 3377 |
cremated or hydrolyzed remains may dispose of the crematedsuch | 3378 |
|
remains in a grave, crypt, or niche at any time after the end of | 3379 |
|
that period. | 3380 |
| (3) If cremated or hydrolyzed remains of a decedent who was | 3381 |
|
eighteen years or older at the time of death are unclaimed under | 3382 |
|
divisions (C)(1) and (2) of this section, the operator of the | 3383 |
crematory or hydrolysis facility or the funeral home holding the | 3384 |
crematedsuch remains shall, before disposing of the unclaimed | 3385 |
cremated remains, notify the secretary of the United States | 3386 |
|
department of veterans affairs of the name of, and other | 3387 |
|
identifying information related to, the decedent. If, within sixty | 3388 |
|
days of the notification, the secretary of the department of | 3389 |
veterans affairs notifies the crematory facility or funeral home | 3390 |
|
that the decedent was a veteran who is eligible for burial in a | 3391 |
|
national cemetery under the control of the national cemetery | 3392 |
|
administration and that the secretary agrees to provide for the | 3393 |
cost of the transportation and burial of the unclaimed
cremated | 3394 |
remains in a national cemetery, the crematory facility or funeral | 3395 |
|
home shall follow the directions of the secretary and arrange for | 3396 |
|
the burial of the unclaimed remains in the national cemetery at | 3397 |
|
the secretary's expense. If the secretary does not assume the | 3398 |
|
right to direct the burial of the unclaimed remains within sixty | 3399 |
days of the notification by the crematory facility or funeral | 3400 |
home, the crematory facility or funeral home may carry out the | 3401 |
|
disposition of the unclaimed remains under divisions (C)(1) and | 3402 |
|
(2) of this section. | 3403 |
| (4) When cremated or hydrolyzed remains are disposed of in | 3404 |
|
accordance with division (C)(1) or (2) of this section, the | 3405 |
|
authorizing agent who executed the cremation or hydrolysis | 3406 |
|
authorization form authorizing the cremation or hydrolysis of the | 3407 |
|
decedent or body parts under section 4717.24 or 4717.25 of the | 3408 |
|
Revised Code is liable to the operator of the crematory or | 3409 |
|
hydrolysis facility or the funeral home for the cost of the final | 3410 |
|
disposition, which cost shall not exceed the reasonable cost for | 3411 |
disposing of the crematedunclaimed remains in a common grave or | 3412 |
crypt in the county where the crematedunclaimed remains were | 3413 |
|
buried or placed in a crypt or niche. | 3414 |
| (b) The commingling of the cremated or hydrolyzed remains of | 3431 |
|
more than one decedent or of body parts removed from more than one | 3432 |
|
decedent or living person or the placement in the same urn or | 3433 |
|
temporary container of the cremated or hydrolyzed remains of more | 3434 |
|
than one decedent or of body parts removed from more than one | 3435 |
|
decedent or living person when each authorizing agent who executed | 3436 |
|
the cremation or hydrolysis authorization form authorizing the | 3437 |
|
cremation or hydrolysis of each of the decedents or body parts | 3438 |
|
removed from each of the decedents or living persons under section | 3439 |
|
4717.21, 4717.24, or 4717.25 of the Revised Code authorized the | 3440 |
commingling of the crematedsuch remains or the placement of the | 3441 |
crematedsuch remains in the same urn or temporary container on | 3442 |
|
the authorization form. | 3443 |
| (c) The commingling, by the individual designated on the | 3444 |
|
cremation or hydrolysis authorization form authorizing the | 3445 |
|
cremation
or hydrolysis of the decedent or body parts to receive | 3446 |
|
the cremated
or hydrolyzed remains, other than a funeral director | 3447 |
|
or employee of a cemetery, or by the authorizing agent who | 3448 |
executed the
cremation authorization form, after receipt of the | 3449 |
cremated or hydrolyzed remains, of the crematedsuch remains with | 3450 |
|
those of another decedent or of body parts removed from another | 3451 |
|
decedent or living person or the placing of them by any such | 3452 |
|
person in the same urn or temporary container with those of | 3453 |
|
another decedent or of body parts removed from another decedent or | 3454 |
|
living person. | 3455 |
| Sec. 4717.28. (A) No operator of a crematory or hydrolysis | 3456 |
|
facility shall fail to ensure that a written receipt is provided | 3457 |
|
to the person who delivers a dead human body or body parts to the | 3458 |
|
facility for cremation or hydrolysis. If the dead human body is | 3459 |
|
other than one that was donated to science for purposes of medical | 3460 |
|
education or research, the receipt shall be signed by both a | 3461 |
representative of the crematory facility and the person who | 3462 |
delivered the decedent to the crematory facility and shall | 3463 |
|
indicate the name of the decedent; the date and time of delivery; | 3464 |
|
the type of casket or alternative container in which the decedent | 3465 |
|
was delivered to the facility; the name of the person who | 3466 |
|
delivered the decedent to the facility; if applicable, the name of | 3467 |
|
the funeral home or other establishment with whom the delivery | 3468 |
|
person is affiliated; and the name of the person who received the | 3469 |
|
decedent on behalf of the facility. If the dead human body was | 3470 |
|
donated to science for purposes of medical education or research, | 3471 |
|
the receipt shall consist of a copy of the cremation or hydrolysis | 3472 |
|
authorization form executed under section 4717.21, 4717.24, or | 3473 |
|
4717.25 of the Revised Code that authorizes the cremation or | 3474 |
|
hydrolysis of the decedent or body parts that has been signed by | 3475 |
both a representative of the crematory facility and the person who | 3476 |
delivered the decedent or body parts to the
crematory facility and | 3477 |
|
that indicates the date and time of the delivery. The operator may | 3478 |
|
provide the copy of the receipt to the person who delivered the | 3479 |
|
decedent or body parts to the facility either in person or by | 3480 |
|
certified mail, return receipt requested. | 3481 |
| (B) No operator of a crematory or hydrolysis facility shall | 3482 |
|
fail to ensure at the time of releasing cremated or hydrolyzed | 3483 |
|
remains that a written receipt signed by both a representative of | 3484 |
the crematory facility and the person who received the cremated | 3485 |
such remains is provided to the person who received the cremated | 3486 |
|
remains. Unless the cremated or hydrolyzed remains are those of a | 3487 |
|
dead human body that was donated to science for purposes of | 3488 |
|
medical education or research or are those of body parts, the | 3489 |
|
receipt shall indicate the name of the decedent; the date and time | 3490 |
of the release; the name of the person to whom the cremated | 3491 |
|
remains were released; if applicable, the name of the funeral | 3492 |
home, cemetery, or other entity to whom the cremated remains were | 3493 |
released; and the name of the person who released the cremated | 3494 |
remains on behalf of the crematory facility. If the cremated or | 3495 |
|
hydrolyzed remains are those of a dead human body that was donated | 3496 |
|
to science for purposes of medical education or research or are | 3497 |
|
those of body parts, the receipt shall consist of a copy of the | 3498 |
|
cremation or hydrolysis authorization form executed under section | 3499 |
|
4717.21, 4717.24, or 4717.25 of the Revised Code that authorizes | 3500 |
|
the cremation or hydrolysis of the decedent or body parts that has | 3501 |
|
been signed by both a representative of the crematory or | 3502 |
hydrolysis facility and the person who received the cremated | 3503 |
|
remains and that indicates the date and time of the release. If | 3504 |
the cremated remains were delivered to the authorizing agent or | 3505 |
other individual designated on the cremation authorization form by | 3506 |
|
a method described in division (I) of section 4717.26 of the | 3507 |
|
Revised Code that is acceptable under that division, the receipt | 3508 |
|
required by this division shall accompany the cremated or | 3509 |
|
hydrolyzed remains, and the signature of the authorizing agent or | 3510 |
|
other designated individual on the delivery receipt meets the | 3511 |
requirement of this division that the person receiving the | 3512 |
crematedsuch remains sign the receipt provided by the crematory | 3513 |
|
facility. | 3514 |
| (2) A record of each cremation and hydrolysis conducted at | 3523 |
thesuch facility, containing at least the name of the decedent | 3524 |
|
or, in the case of body parts, the name of the decedent or living | 3525 |
|
person from whom the body parts were removed, the date and time of | 3526 |
|
the cremation or hydrolysis, and the final disposition made of the | 3527 |
|
cremated or hydrolyzed remains; | 3528 |
| (4) A separate record of the cremated or hydrolyzed remains | 3531 |
|
of each decedent or the body parts removed from each decedent or | 3532 |
|
living person that were disposed of in accordance with division | 3533 |
|
(C)(1) or (2) of section 4717.27 of the Revised Code, containing | 3534 |
|
at least the name of the decedent, the date and time of the | 3535 |
|
cremation or hydrolysis, and the location, date, and manner of | 3536 |
|
final disposition of the cremated or hydrolyzed remains. | 3537 |
(b) HavingFor having arranged or performed the cremation or | 3556 |
|
hydrolysis of the decedent or body parts removed from the decedent | 3557 |
|
or living person or having released or disposed of the cremated or | 3558 |
|
hydrolyzed remains in accordance with the instructions set forth | 3559 |
in a cremationan authorization form executed in person by the | 3560 |
|
person authorized to serve as the authorizing agent for the | 3561 |
|
cremation or hydrolysis of the decedent or for the cremation or | 3562 |
|
hydrolysis of body parts of the decedent or living person, named | 3563 |
in the cremation authorization form executed under section 4717.24 | 3564 |
|
or 4717.25 of the Revised Code. | 3565 |
| (1) The operator has actual knowledge that there is a dispute | 3578 |
|
regarding the cremation or hydrolysis of the decedent or body | 3579 |
|
parts, until such time as the operator receives an order of the | 3580 |
probate court of common pleas having jurisdiction ordering the | 3581 |
|
cremation or hydrolysis of the decedent or body parts or until the | 3582 |
|
operator receives from the parties to the dispute a copy of a | 3583 |
|
written agreement resolving the dispute and authorizing the | 3584 |
|
cremation or hydrolysis to be performed. | 3585 |
| (C) The operator of a crematory or hydrolysis facility or a | 3595 |
|
funeral director is not liable in damages in a civil action for | 3596 |
|
refusing to release or dispose of the cremated or hydrolyzed | 3597 |
|
remains of a decedent or body parts when the operator or funeral | 3598 |
|
director has actual knowledge that there is a dispute regarding | 3599 |
the release or final disposition of the cremated remains in | 3600 |
|
connection with any damages sustained, prior to the time the | 3601 |
|
operator or funeral director receives an order of the probate | 3602 |
court of common pleas having jurisdiction ordering the release or | 3603 |
|
final disposition of the cremated
or hydrolyzed remains, or prior | 3604 |
to the time the facilityoperator or funeral director receives | 3605 |
|
from the parties to the dispute a copy of a written agreement | 3606 |
|
resolving the dispute and authorizing the cremation or hydrolysis | 3607 |
|
to be performed. | 3608 |
| (D) The operator of a crematory or hydrolysis facility is not | 3609 |
|
liable in damages in a civil action in connection with the | 3610 |
|
cremation or hydrolysis of, or disposition of the cremated or | 3611 |
|
hydrolyzed remains of, any dental gold, jewelry, or other items of | 3612 |
|
value delivered to the facility with a dead human body or body | 3613 |
|
parts, unless either or both of the following apply: | 3614 |
(1) The cremation authorization form authorizing the | 3615 |
|
cremation or hydrolysis of the decedent or body parts executed | 3616 |
|
under section 4717.21, 4717.24, or 4717.25 of the Revised Code, as | 3617 |
|
applicable, contains specific instructions for the removal or | 3618 |
|
recovery and disposition of any such dental gold, jewelry, or | 3619 |
other items of value prior to or after the cremation or | 3620 |
|
hydrolysis, and the operator has failed to comply with the written | 3621 |
|
instructions. | 3622 |
| Sec. 5120.45. The state shall bear the expense of the burial | 3634 |
or, cremation, or hydrolysis of an inmate who dies in a state | 3635 |
|
correctional institution, if the body is not claimed for interment | 3636 |
or, cremation, or hydrolysis at the expense of friends or | 3637 |
|
relatives, or is not delivered for anatomical purposes or for the | 3638 |
|
study of embalming in accordance with section 1713.34 of the | 3639 |
|
Revised Code. When the expense is borne by the state, interment of | 3640 |
|
the person or the person's cremated or hydrolyzed remains shall be | 3641 |
|
in the institution cemetery or other place provided by the state. | 3642 |
|
The managing officer of the institution shall provide at the grave | 3643 |
of the person or, if the person's cremated remains are buried, at | 3644 |
the grave of the person's cremated remains, a metal, stone, or | 3645 |
|
concrete marker on which shall be inscribed the name and age of | 3646 |
|
the person and the date of death. | 3647 |
| Sec. 5121.11. The state shall bear the expense of the | 3648 |
|
burial, hydrolysis, or cremation of an indigent resident who dies | 3649 |
|
in a state institution operated by the department of developmental | 3650 |
|
disabilities under section 5123.03 of the Revised Code or in a | 3651 |
|
state correctional institution if the body is not claimed for | 3652 |
|
interment, hydrolysis, or cremation at the expense of friends or | 3653 |
|
relatives or is not delivered for anatomical purposes or for the | 3654 |
|
study of embalming in accordance with section 1713.34 of the | 3655 |
|
Revised Code. The managing officer of the institution shall | 3656 |
|
provide at the grave of the person or, if the person's cremated or | 3657 |
|
hydrolyzed remains are buried, at the grave of the person's | 3658 |
cremated remains, a metal, stone, or concrete marker on which | 3659 |
|
shall be inscribed the name and age of the person and the date of | 3660 |
|
death. | 3661 |
| Sec. 5121.53. The state shall bear the expense of the | 3662 |
|
burial, hydrolysis, or cremation of an indigent patient who dies | 3663 |
|
in a hospital if the body is not claimed for interment, | 3664 |
|
hydrolysis, or cremation at the expense of friends or relatives, | 3665 |
|
or is not delivered for anatomical purposes or for the study of | 3666 |
|
embalming in accordance with section 1713.34 of the Revised Code. | 3667 |
|
The managing officer of the hospital shall provide at the grave of | 3668 |
|
the patient or, if the patient's cremated or hydrolyzed remains | 3669 |
are buried, at the grave of the patient's cremated remains, a | 3670 |
|
metal, stone, or concrete marker on which shall be inscribed the | 3671 |
|
name and age of the patient and the date of death. | 3672 |
| Sec. 5901.24. If it is desired to bury the body or cremated | 3673 |
| or hydrolyzed remains of any deceased veteran in any cemetery not | 3674 |
|
having a burial plot as provided by section 5901.22 of the Revised | 3675 |
|
Code, the board of county commissioners, any board of township | 3676 |
|
trustees, or the legislative authority of any municipal | 3677 |
|
corporation in the county in which the cemetery is situated may | 3678 |
|
purchase a space for the grave of the veteran or the veteran's | 3679 |
cremated remains, provide for the care of the plot, and pay the | 3680 |
|
amount of the purchase price and maintenance cost from the funds | 3681 |
|
in the treasury of the county, township, or municipal corporation. | 3682 |
| Sec. 5901.25. The board of county commissioners shall | 3683 |
|
require the veterans service commission, upon application and with | 3684 |
|
the approval of the family or friends of the deceased, to | 3685 |
|
contract, at a fair and reasonable price, with the funeral | 3686 |
|
director selected by the family or friends, and cause to be | 3687 |
|
interred, hydrolyzed, or cremated in a decent and respectable | 3688 |
|
manner the body of any veteran, or the parent, spouse, or | 3689 |
|
surviving spouse of any such veteran, who dies without the means | 3690 |
|
to defray the necessary funeral, hydrolysis, or cremation | 3691 |
|
expenses. Such a burial may be made in any cemetery or burial | 3692 |
|
ground within the state, other than those used exclusively for the | 3693 |
|
burial of paupers and criminals. | 3694 |
| Sec. 5901.26. Pursuant to section 5901.25 of the Revised | 3695 |
|
Code, the veterans service commission shall use the forms of | 3696 |
|
contracts prescribed by sections 5901.25 to 5901.32 of the Revised | 3697 |
|
Code, and abide by the regulations provided by such sections. The | 3698 |
|
commission shall see that funeral directors furnish all items | 3699 |
|
specified in the contract, that when the benefits of such sections | 3700 |
|
are claimed the entire amount to be contributed by the county | 3701 |
|
toward the cost of the burial, hydrolysis, or cremation shall not | 3702 |
|
exceed the sum of one thousand dollars, and that any remaining | 3703 |
|
costs are paid by the family or friends of the deceased. | 3704 |
| Sec. 5901.27. Before assuming the charge and expense of any | 3705 |
|
burial, hydrolysis, or cremation, the veterans service commission, | 3706 |
|
pursuant to section 5901.25 of the Revised Code, shall satisfy | 3707 |
|
itself, beyond a reasonable doubt, by careful inquiry, that the | 3708 |
|
family of the deceased is unable, for want of means, to defray the | 3709 |
|
expenses of the burial, hydrolysis, or cremation, or that the | 3710 |
|
family may be deprived of means actually necessary for its | 3711 |
|
immediate support. Thereupon the commission shall cause the | 3712 |
|
deceased to be buried, hydrolyzed, or cremated and make a report | 3713 |
|
thereof to the board of county commissioners. The report shall set | 3714 |
|
forth that the commission found the family of the deceased person | 3715 |
|
in indigent circumstances and unable to pay the expenses of | 3716 |
|
burial, hydrolysis, or cremation. The report shall also set forth | 3717 |
|
the name of the deceased, the rank and command to which the | 3718 |
|
deceased belonged if a veteran, the date of death, the place of | 3719 |
|
burial or disposition made of the person's hydrolyzed or cremated | 3720 |
|
remains, the occupation while living, and an accurate itemized | 3721 |
|
statement of the expenses incurred by reason of the burial, | 3722 |
|
hydrolysis, or cremation. | 3723 |
| "I ................, funeral director, residing at | 3731 |
|
................. hereby agree to furnish the following items for | 3732 |
|
the burial, hydrolysis, or cremation (circle one) of | 3733 |
|
..............., who resided at ..................., and died | 3734 |
|
.............., ........., which shall consist of: | 3735 |
| Sec. 5901.32. Upon securing the report and statement of | 3755 |
|
expenses as provided by section 5901.27 of the Revised Code, the | 3756 |
|
board of county commissioners shall transcribe in a book to be | 3757 |
|
kept for that purpose, all the facts contained in the report | 3758 |
|
concerning a deceased veteran, and shall certify the expenses thus | 3759 |
|
incurred to the county auditor, who shall draw a warrant for those | 3760 |
|
expenses upon the county treasurer, to be paid from the county | 3761 |
|
fund to such persons as are designated by the board. Upon the | 3762 |
|
death of any indigent veteran residing within the county at the | 3763 |
|
time of death and the burial of the indigent veteran or the | 3764 |
|
indigent veteran's cremated or hydrolyzed remains, the board shall | 3765 |
|
make application to the proper authorities, under the United | 3766 |
|
States government, for a suitable headstone, as provided by act of | 3767 |
|
congress, and shall cause it to be placed at the grave of the | 3768 |
deceased veteran or the deceased veteran's cremated remains. | 3769 |
| Section 2. That existing sections 9.15, 313.12, 759.01, | 3770 |
|
1713.36, 1721.06, 1721.18, 1721.21, 2108.15, 2108.70, 2108.72, | 3771 |
|
2108.75, 2108.82, 2108.83, 2108.84, 2108.85, 2108.86, 2108.87, | 3772 |
|
2111.13, 2743.51, 2925.01, 3705.01, 3705.17, 3705.18, 3705.19, | 3773 |
|
3705.20, 3707.19, 4511.451, 4717.01, 4717.04, 4717.05, 4717.06, | 3774 |
|
4717.07, 4717.08, 4717.10, 4717.11, 4717.12, 4717.13, 4717.14, | 3775 |
|
4717.20, 4717.21, 4717.22, 4717.23, 4717.24, 4717.25, 4717.26, | 3776 |
|
4717.27, 4717.28, 4717.30, 5120.45, 5121.11, 5121.53, 5901.24, | 3777 |
|
5901.25, 5901.26, 5901.27, 5901.29, and 5901.32 of the Revised | 3778 |
|
Code are hereby repealed. | 3779 |