As Passed by the Senate

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 481

Representative Hackett 

Cosponsors: Representatives Beck, Grossman, Boose, Wachtmann, Henne, Slaby, L., Combs, Adams, R., Boyd, Bubp, Buchy, Carney, Damschroder, Gardner, Garland, Gerberry, Goodwin, Hall, Hayes, Kozlowski, Letson, Mallory, McClain, Milkovich, Newbold, Thompson, Yuko Speaker Batchelder 

Senators Hughes, Jordan, LaRose, Patton, Seitz, Wagoner 

---

A BILL

To amend sections 9.833, 148.06, 149.431, 2744.081,

1

4717.05, 4717.06, 4717.10, 4717.11, 4717.12,

2

4717.13, 4717.21, 4717.24, and 4717.30 of the

3

Revised Code to authorize the Board of Embalmers

4

and Funeral Directors to issue courtesy licenses

5

to allow funeral directors in bordering states to

6

conduct limited funeral-related activities in

7

Ohio; to permit embalmers and funeral directors to

8

place their licenses on inactive status; to

9

clarify that, upon the sale of the funeral home,

10

the home may remain operating based upon a

11

submission of a new license application to the

12

Board; to permit out-of-state funeral directors

13

without a license to work with licensed funeral

14

directors during a declared disaster or emergency;

15

to eliminate the requirement that funeral homes be

16

the guarantor of the identity of decedents and

17

instead require funeral homes to complete only

18

visual identification of remains; to exempt

19

certain records concerning individual and joint

20

self insurance of political subdivisions from the

21

public records law; and to authorize joint county

22

department of job and family services employees

23

and detention facility district employees to

24

participate in a deferred compensation program.

25

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 9.833, 148.06, 149.431, 2744.081,	26
4717.05, 4717.06, 4717.10, 4717.11, 4717.12, 4717.13, 4717.21,	27
4717.24, and 4717.30 of the Revised Code be amended to read as	28
follows:	29

Sec. 9.833.  (A) As used in this section, "political	30
subdivision" has the meaning defined in sections 2744.01 and	31
3905.36 of the Revised Code. For purposes of this section,	32
"political subdivision" includes municipal corporations as defined	33
in section 5705.01 of the Revised Code.	34

(B) Political subdivisions that provide health care benefits	35
for their officers or employees may do any of the following:	36

(1) Establish and maintain an individual self-insurance	37
program with public moneys to provide authorized health care	38
benefits, including but not limited to, health care, prescription	39
drugs, dental care, and vision care, in accordance with division	40
(C) of this section;	41

(2) Establish and maintain a health savings account program	42
whereby employees or officers may establish and maintain health	43
savings accounts in accordance with section 223 of the Internal	44
Revenue Code. Public moneys may be used to pay for or fund	45
federally qualified high deductible health plans that are linked	46
to health savings accounts or to make contributions to health	47
savings accounts. A health savings account program may be a part	48
of a self-insurance program.	49

(3) After establishing an individual self-insurance program,	50
agree with other political subdivisions that have established	51
individual self-insurance programs for health care benefits, that	52
their programs will be jointly administered in a manner specified	53
in the agreement;	54

(4) Pursuant to a written agreement and in accordance with	55
division (C) of this section, join in any combination with other	56
political subdivisions to establish and maintain a joint	57
self-insurance program to provide health care benefits;	58

(5) Pursuant to a written agreement, join in any combination	59
with other political subdivisions to procure or contract for	60
policies, contracts, or plans of insurance to provide health care	61
benefits, which may include a health savings account program for	62
their officers and employees subject to the agreement;	63

(6) Use in any combination any of the policies, contracts,	64
plans, or programs authorized under this division.	65

(7) Any agreement made under division (B)(3), (4), (5), or	66
(6) of this section shall be in writing, comply with division (C)	67
of this section, and contain best practices established in	68
consultation with and approved by the department of administrative	69
services. The best practices may be reviewed and amended at the	70
discretion of the political subdivisions in consultation with the	71
department. Detailed information regarding the best practices	72
shall be made available to any employee upon that employee's	73
request.	74

(8) Purchase plans approved by the department of	75
administrative services under section 9.901 of the Revised Code.	76

(C) Except as otherwise provided in division (E) of this	77
section, the following apply to individual or joint self-insurance	78
programs established pursuant to this section:	79

(1) Such funds shall be reserved as are necessary, in the	80
exercise of sound and prudent actuarial judgment, to cover	81
potential cost of health care benefits for the officers and	82
employees of the political subdivision. A certified audited	83
financial statement and a report of aggregate amounts so reserved	84
and aggregate disbursements made from such funds, together with a	85
written report of a member of the American academy of actuaries	86
certifying whether the amounts reserved conform to the	87
requirements of this division, are computed in accordance with	88
accepted loss reserving standards, and are fairly stated in	89
accordance with sound loss reserving principles, shall be prepared	90
and maintained, within ninety days after the last day of the	91
fiscal year of the entity for which the report is provided for	92
that fiscal year, in the office of the program administrator	93
described in division (C)(3) of this section.	94

The report required by division (C)(1) of this section shall	95
include, but not be limited to, the aggregate of disbursements	96
made for the administration of the program, including claims paid,	97
costs of the legal representation of political subdivisions and	98
employees, and fees paid to consultants.	99

The program administrator described in division (C)(3) of	100
this section shall make the report required by this division	101
available for inspection by any person at all reasonable times	102
during regular business hours, and, upon the request of such	103
person, shall make copies of the report available at cost within a	104
reasonable period of time. The program administrator shall further	105
provide the report to the auditor of state under Chapter 117. of	106
the Revised Code. The report required by this division is in lieu	107
of the records required by division (A) of section 149.431 of the	108
Revised Code.	109

(2) Each political subdivision shall reserve funds necessary	110
for an individual or joint self-insurance program in a special	111
fund that may be established for political subdivisions other than	112
an agency or instrumentality pursuant to an ordinance or	113
resolution of the political subdivision and not subject to section	114
5705.12 of the Revised Code. An agency or instrumentality shall	115
reserve the funds necessary for an individual or joint	116
self-insurance program in a special fund established pursuant to a	117
resolution duly adopted by the agency's or instrumentality's	118
governing board. The political subdivision may allocate the costs	119
of insurance or any self-insurance program, or both, among the	120
funds or accounts established under this division on the basis of	121
relative exposure and loss experience.	122

(3) A contract may be awarded, without the necessity of	123
competitive bidding, to any person, political subdivision,	124
nonprofit corporation organized under Chapter 1702. of the Revised	125
Code, or regional council of governments created under Chapter	126
167. of the Revised Code for purposes of administration of an	127
individual or joint self-insurance program. No such contract shall	128
be entered into without full, prior, public disclosure of all	129
terms and conditions. The disclosure shall include, at a minimum,	130
a statement listing all representations made in connection with	131
any possible savings and losses resulting from the contract, and	132
potential liability of any political subdivision or employee. The	133
proposed contract and statement shall be disclosed and presented	134
at a meeting of the political subdivision not less than one week	135
prior to the meeting at which the political subdivision authorizes	136
the contract.	137

A contract awarded to a nonprofit corporation or a regional	138
council of governments under this division may provide that all	139
employees of the nonprofit corporation or regional council of	140
governments, the employees of all entities related to the	141
nonprofit corporation or regional council of governments, and the	142
employees of other nonprofit corporations that have fifty or fewer	143
employees and have been organized for the primary purpose of	144
representing the interests of political subdivisions, may be	145
covered by the individual or joint self-insurance program under	146
the terms and conditions set forth in the contract.	147

(4) The individual or joint self-insurance program shall	148
include a contract with a certified public accountant and a member	149
of the American academy of actuaries for the preparation of the	150
written evaluations required under division (C)(1) of this	151
section.	152

(5) A joint self-insurance program may allocate the costs of	153
funding the program among the funds or accounts established under	154
this division to the participating political subdivisions on the	155
basis of their relative exposure and loss experience.	156

(6) An individual self-insurance program may allocate the	157
costs of funding the program among the funds or accounts	158
established under this division to the political subdivision that	159
established the program.	160

(7) Two or more political subdivisions may also authorize the	161
establishment and maintenance of a joint health care cost	162
containment program, including, but not limited to, the employment	163
of risk managers, health care cost containment specialists, and	164
consultants, for the purpose of preventing and reducing health	165
care costs covered by insurance, individual self-insurance, or	166
joint self-insurance programs.	167

(8) A political subdivision is not liable under a joint	168
self-insurance program for any amount in excess of amounts payable	169
pursuant to the written agreement for the participation of the	170
political subdivision in the joint self-insurance program. Under a	171
joint self-insurance program agreement, a political subdivision	172
may, to the extent permitted under the written agreement, assume	173
the risks of any other political subdivision. A joint	174
self-insurance program established under this section is deemed a	175
separate legal entity for the public purpose of enabling the	176
members of the joint self-insurance program to obtain insurance or	177
to provide for a formalized, jointly administered self-insurance	178
fund for its members. An entity created pursuant to this section	179
is exempt from all state and local taxes.	180

(9) Any political subdivision, other than an agency or	181
instrumentality, may issue general obligation bonds, or special	182
obligation bonds that are not payable from real or personal	183
property taxes, and may also issue notes in anticipation of such	184
bonds, pursuant to an ordinance or resolution of its legislative	185
authority or other governing body for the purpose of providing	186
funds to pay expenses associated with the settlement of claims,	187
whether by way of a reserve or otherwise, and to pay the political	188
subdivision's portion of the cost of establishing and maintaining	189
an individual or joint self-insurance program or to provide for	190
the reserve in the special fund authorized by division (C)(2) of	191
this section.	192

In its ordinance or resolution authorizing bonds or notes	193
under this section, a political subdivision may elect to issue	194
such bonds or notes under the procedures set forth in Chapter 133.	195
of the Revised Code. In the event of such an election,	196
notwithstanding Chapter 133. of the Revised Code, the maturity of	197
the bonds may be for any period authorized in the ordinance or	198
resolution not exceeding twenty years, which period shall be the	199
maximum maturity of the bonds for purposes of section 133.22 of	200
the Revised Code.	201

Bonds and notes issued under this section shall not be	202
considered in calculating the net indebtedness of the political	203
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	204
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	205
hereby made applicable to bonds or notes authorized under this	206
section.	207

(10) A joint self-insurance program is not an insurance	208
company. Its operation does not constitute doing an insurance	209
business and is not subject to the insurance laws of this state.	210

(D) A political subdivision may procure group life insurance	211
for its employees in conjunction with an individual or joint	212
self-insurance program authorized by this section, provided that	213
the policy of group life insurance is not self-insured.	214

(E) This section does not apply to individual self-insurance	215
programs created solely by municipal corporations as defined in	216
section 5705.01 of the Revised Code.	217

(F) A public official or employee of a political subdivision	218
who is or becomes a member of the governing body of the program	219
administrator of a joint self-insurance program in which the	220
political subdivision participates is not in violation of division	221
(D) or (E) of section 102.03, division (C) of section 102.04, or	222
section 2921.42 of the Revised Code as a result of either of the	223
following:	224

(1) The political subdivision's entering under this section	225
into the written agreement to participate in the joint	226
self-insurance program;	227

(2) The political subdivision's entering under this section	228
into any other contract with the joint self-insurance program.	229

Sec. 148.06.  As used in this section:

230

(A) "Government unit" means a county, park district of any	231
kind, conservancy district, sanitary district, regional water and	232
sewer district, regional transit authority, health district,	233
public library district, or county law library, joint county	234
department of job and family services, or a detention facility	235
district of any kind.	236

(B) "Governing board" means, in the case of the county, the	237
board of county commissioners; in the case of a park district, the	238
board of park commissioners; in the case of a conservancy	239
district, the district's board of directors; in the case of a	240
sanitary district, the district's board of directors; in the case	241
of a regional water and sewer district, the district's board of	242
trustees; in the case of a regional transit authority, the	243
authority's board of trustees; in the case of a health district,	244
the board of health; in the case of a public library district, the	245
board of library trustees; and in the case of a county law	246
library, the board of trustees of the law library association, in	247
the case of a joint county department of job and family services,	248
the department's board of directors; and in the case of a	249
detention facility district, the board or joint board of county	250
commissioners.	251

In addition to the program of deferred compensation that may	252
be offered under this chapter, a governing board may offer to all	253
of the officers and employees of the government unit not to exceed	254
two additional programs for deferral of compensation designed for	255
favorable tax treatment of the compensation so deferred. Any such	256
program shall include a reasonable number of options to the	257
officer or employee for the investment of the deferred funds,	258
including annuities, variable annuities, regulated investment	259
trusts, or other forms of investment approved by the governing	260
board, that will assure the desired tax treatment of the funds.	261

Any income deferred under such a plan shall continue to be	262
included as regular compensation for the purpose of computing the	263
contributions to and benefits from the officer's or employee's	264
retirement system but shall not be included in the computation of	265
any federal and state income taxes withheld on behalf of any such	266
employee.	267

Sec. 149.431.  (A) AnyExcept as provided in sections 9.833	268
and 2744.08 of the Revised Code, any governmental entity or agency	269
and any nonprofit corporation or association, except a corporation	270
organized pursuant to Chapter 1719. of the Revised Code prior to	271
January 1, 1980 or organized pursuant to Chapter 3941. of the	272
Revised Code, that enters into a contract or other agreement with	273
the federal government, a unit of state government, or a political	274
subdivision or taxing unit of this state for the provision of	275
services shall keep accurate and complete financial records of any	276
moneys expended in relation to the performance of the services	277
pursuant to such contract or agreement according to generally	278
accepted accounting principles. Such contract or agreement and	279
such financial records shall be deemed to be public records as	280
defined in division (A)(1) of section 149.43 of the Revised Code	281
and are subject to the requirements of division (B) of that	282
section, except that:	283

(1) Any information directly or indirectly identifying a	284
present or former individual patient or client or hissuch an	285
individual patient's or client's diagnosis, prognosis, or medical	286
treatment, treatment for a mental or emotional disorder, treatment	287
for mental retardation or a developmental disability, treatment	288
for drug abuse or alcoholism, or counseling for personal or social	289
problems is not a public record;	290

(2) If disclosure of the contract or agreement or financial	291
records is requested at a time when confidential professional	292
services are being provided to a patient or client whose	293
confidentiality might be violated if disclosure were made at that	294
time, disclosure may be deferred if reasonable times are	295
established when the contract or agreement or financial records	296
will be disclosed.	297

(3) Any nonprofit corporation or association that receives	298
both public and private funds in fulfillment of any such contract	299
or other agreement is not required to keep as public records the	300
financial records of any private funds expended in relation to the	301
performance of services pursuant to the contract or agreement.	302

(B) Any nonprofit corporation or association that receives	303
more than fifty per cent of its gross receipts excluding moneys	304
received pursuant to Title XVIII of the "Social Security Act," 49	305
Stat. 620 (1935), 42 U.S.C. 301, as amended, in a calendar year in	306
fulfillment of a contract or other agreement for services with a	307
governmental entity shall maintain information setting forth the	308
compensation of any individual serving the nonprofit corporation	309
or association in an executive or administrative capacity. Such	310
information shall be deemed to be public records as defined in	311
division (A)(1) of section 149.43 of the Revised Code and is	312
subject to the requirements of division (B) of that section.	313

Nothing in this section shall be construed to otherwise limit	314
the provisions of section 149.43 of the Revised Code.	315

Sec. 2744.081.  (A) Regardless of whether a political	316
subdivision, under section 2744.08 of the Revised Code, secures a	317
policy or policies of liability insurance, establishes and	318
maintains a self-insurance program, or enters into an agreement	319
for the joint administration of a self-insurance program, the	320
political subdivision may, pursuant to a written agreement and to	321
the extent that it considers necessary, join with other political	322
subdivisions in establishing and maintaining a joint	323
self-insurance pool to provide for the payment of judgments,	324
settlement of claims, expense, loss, and damage that arises, or is	325
claimed to have arisen, from an act or omission of the political	326
subdivision or any of its employees in connection with a	327
governmental or proprietary function and to indemnify or hold	328
harmless the subdivision's employees against such loss or damage.	329

All of the following apply to a joint self-insurance pool	330
under this section:	331

(1) Such funds shall be reserved as are necessary, in the	332
exercise of sound and prudent actuarial judgment, to cover	333
potential political subdivision and employee liability, expense,	334
loss, and damage. A report of aggregate amounts so reserved and	335
aggregate disbursements made from such funds, together with a	336
written report of a member of the American academy of actuaries	337
certifying whether the amounts reserved conform to the	338
requirements of this division, are computed in accordance with	339
accepted loss reserving standards, and are fairly stated in	340
accordance with sound loss reserving principles, shall be prepared	341
and maintained in the office of the pool administrator described	342
in division (A)(2) of this section. The report shall be prepared	343
and maintained on or before the last day of March for the	344
preceding calendar year or, if the joint self-insurance pool's	345
fiscal year is other than a calendar year, not later than ninety	346
days after the close of the pool's fiscal year.	347

The report required by this division shall include, but not	348
be limited to, the aggregate of disbursements made for the	349
administration of the pool, including claims paid, costs of the	350
legal representation of political subdivisions and employees, and	351
fees paid to consultants.	352

The pool administrator described in division (A)(2) of this	353
section shall make the report required by this division available	354
for inspection by any person at all reasonable times during	355
regular business hours, and, upon the request of such person,	356
shall make copies of the report available at cost within a	357
reasonable period of time. The report required by this division is	358
in lieu of the records required by division (A) of section 149.431	359
of the Revised Code.	360

(2) A contract may be awarded, without the necessity of	361
competitive bidding, to any person, political subdivision,	362
nonprofit corporation organized under Chapter 1702. of the Revised	363
Code, or regional council of governments created under Chapter	364
167. of the Revised Code for purposes of administration of a joint	365
self-insurance pool. No such contract shall be entered into	366
without full, prior, public disclosure of all terms and	367
conditions. Such disclosure shall include, at a minimum, a	368
statement listing all representations made in connection with any	369
possible savings and losses resulting from such contract, and	370
potential liability of any political subdivision or employee. The	371
proposed contract and statement shall be disclosed and presented	372
at a meeting of the political subdivision not less than one week	373
prior to the meeting at which the political subdivision authorizes	374
the contract.	375

(3) A joint self-insurance pool shall include a contract with	376
a member of the American academy of actuaries for the preparation	377
of the written evaluation of the reserve funds required under	378
division (A)(1) of this section.	379

(4) A joint self-insurance pool may allocate the costs of	380
funding the pool among the funds or accounts in the treasuries of	381
the political subdivisions on the basis of their relative exposure	382
and loss experience.	383

(B) Two or more political subdivisions may also authorize the	384
establishment and maintenance of a joint risk-management program,	385
including but not limited to the employment of risk managers and	386
consultants, for the purpose of preventing and reducing the risks	387
covered by insurance, self-insurance, or joint self-insurance	388
programs.	389

(C) A political subdivision is not liable under a joint	390
self-insurance pool for any amount in excess of amounts payable	391
pursuant to the written agreement for the participation of the	392
political subdivision in the joint self-insurance pool. Under a	393
joint self-insurance pool agreement a political subdivision may,	394
to the extent permitted under the written agreement, assume the	395
risks of any other political subdivision, including the	396
indemnification of its employees. A joint self-insurance pool,	397
established under this section, is deemed a separate legal entity	398
for the public purpose of enabling the members of the joint	399
self-insurance pool to obtain insurance or to provide for a	400
formalized, jointly administered self-insurance fund for its	401
members. An entity created pursuant to this section is exempt from	402
all state and local taxes.	403

(D) Any political subdivision may issue general obligation	404
bonds, or special obligation bonds which are not payable from real	405
or personal property taxes, and may also issue notes in	406
anticipation of such bonds, pursuant to an ordinance or resolution	407
of its legislative authority or other governing body for the	408
purpose of providing funds to pay judgments, losses, damages, and	409
the expenses of litigation or settlement of claims, whether by way	410
of a reserve or otherwise, and to pay the political subdivision's	411
portion of the cost of establishing and maintaining a joint	412
self-insurance pool or to provide for the reserve in the special	413
fund authorized by division (A)(2)(a) of section 2744.08 of the	414
Revised Code.	415

In its ordinance or resolution authorizing bonds or notes	416
under this section, a political subdivision may elect to issue	417
such bonds or notes under the procedures set forth in Chapter 133.	418
of the Revised Code. In the event of such an election,	419
notwithstanding Chapter 133. of the Revised Code, the maturity of	420
the bonds may be for any period authorized in the ordinance or	421
resolution not exceeding twenty years, which period shall be the	422
maximum maturity of the bonds for purposes of section 133.22 of	423
the Revised Code.	424

Bonds and notes issued under this section shall not be	425
considered in calculating the net indebtedness of the political	426
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	427
the Revised Code. Sections 9.98 to 9.983 of the Revised Code apply	428
to bonds or notes authorized under this section.	429

(E)(1) A joint self-insurance pool, in addition to its powers	430
to provide self-insurance against any and all liabilities under	431
this chapter, may also include any one or more of the following	432
forms of property or casualty self-insurance for the purpose of	433
covering any other liabilities or risks of the members of the	434
pool:	435

(a) Public general liability, professional liability, or	436
employees liability;	437

(b) Individual or fleet motor vehicle or automobile liability	438
and protection against other liability and loss associated with	439
the ownership, maintenance, and use of motor vehicles;	440

(c) Aircraft liability and protection against other liability	441
and loss associated with the ownership, maintenance, and use of	442
aircraft;	443

(d) Fidelity, surety, and guarantee;

444

(e) Loss or damage to property and loss of use and occupancy	445
of property by fire, lightning, hail, tempest, flood, earthquake,	446
or snow, explosion, accident, or other risk;	447

(f) Marine, inland transportation and navigation, boiler,	448
containers, pipes, engines, flywheels, elevators, and machinery;	449

(g) Environmental impairment;

450

(h) Loss or damage by any hazard upon any other risk to which	451
political subdivisions are subject, which is not prohibited by	452
statute or at common law from being the subject of casualty or	453
property insurance.	454

(2) A joint self-insurance pool is not an insurance company.	455
Its operation does not constitute doing an insurance business and	456
is not subject to the insurance laws of this state.	457

(F) A public official or employee of a political subdivision	458
who is or becomes a member of the governing body of a joint	459
self-insurance pool in which the political subdivision	460
participates is not in violation of division (D) or (E) of section	461
102.03, division (C) of section 102.04, or section 2921.42 of the	462
Revised Code as a result of the political subdivision's entering	463
under this section into the written agreement to participate in	464
the pool or into any contract with the pool.	465

(G) This section shall not be construed to affect the ability	466
of any political subdivision to self-insure under the authority	467
conferred by any other section of the Revised Code.	468

Sec. 4717.05.  (A) Any person who desires to be licensed as	469
an embalmer shall apply to the board of embalmers and funeral	470
directors on a form provided by the board. The applicant shall	471
include with the application an initial license fee as set forth	472
in section 4717.07 of the Revised Code and evidence, verified by	473
oath and satisfactory to the board, that the applicant meets all	474
of the following requirements:	475

(1) The applicant is at least eighteen years of age and of	476
good moral character.	477

(2) If the applicant has pleaded guilty to, has been found by	478
a judge or jury to be guilty of, or has had a judicial finding of	479
eligibility for treatment in lieu of conviction entered against	480
the applicant in this state for aggravated murder, murder,	481
voluntary manslaughter, felonious assault, kidnapping, rape,	482
sexual battery, gross sexual imposition, aggravated arson,	483
aggravated robbery, or aggravated burglary, or has pleaded guilty	484
to, has been found by a judge or jury to be guilty of, or has had	485
a judicial finding of eligibility for treatment in lieu of	486
conviction entered against the applicant in another jurisdiction	487
for a substantially equivalent offense, at least five years has	488
elapsed since the applicant was released from incarceration, a	489
community control sanction, a post-release control sanction,	490
parole, or treatment in connection with the offense.	491

(3) The applicant holds at least a bachelor's degree from a	492
college or university authorized to confer degrees by the Ohio	493
board of regents or the comparable legal agency of another state	494
in which the college or university is located and submits an	495
official transcript from that college or university with the	496
application.	497

(4) The applicant has satisfactorily completed at least	498
twelve months of instruction in a prescribed course in mortuary	499
science as approved by the board and has presented to the board a	500
certificate showing successful completion of the course. The	501
course of mortuary science college training may be completed	502
either before or after the completion of the educational standard	503
set forth in division (A)(3) of this section.	504

(5) The applicant has registered with the board prior to	505
beginning an embalmer apprenticeship.	506

(6) The applicant has satisfactorily completed at least one	507
year of apprenticeship under an embalmer licensed in this state	508
and has assisted that person in embalming at least twenty-five	509
dead human bodies.	510

(7) The applicant, upon meeting the educational standards	511
provided for in divisions (A)(3) and (4) of this section and	512
completing the apprenticeship required in division (A)(6) of this	513
section, has completed the examination for an embalmer's license	514
required by the board.	515

(B) Upon receiving satisfactory evidence verified by oath	516
that the applicant meets all the requirements of division (A) of	517
this section, the board shall issue the applicant an embalmer's	518
license.	519

(C) Any person who desires to be licensed as a funeral	520
director shall apply to the board on a form provided by the board.	521
The application shall include an initial license fee as set forth	522
in section 4717.07 of the Revised Code and evidence, verified by	523
oath and satisfactory to the board, that the applicant meets all	524
of the following requirements:	525

(1) Except as otherwise provided in division (D) of this	526
section, the applicant has satisfactorily met all the requirements	527
for an embalmer's license as described in divisions (A)(1) to (4)	528
of this section.	529

(2) The applicant has registered with the board prior to	530
beginning a funeral director apprenticeship.	531

(3) The applicant, following mortuary science college	532
training described in division (A)(4) of this section, has	533
satisfactorily completed a one-year apprenticeship under a	534
licensed funeral director in this state and has assisted that	535
person in directing at least twenty-five funerals.	536

(4) The applicant has satisfactorily completed the	537
examination for a funeral director's license as required by the	538
board.	539

(D) In lieu of mortuary science college training required for	540
a funeral director's license under division (C)(1) of this	541
section, the applicant may substitute a satisfactorily completed	542
two-year apprenticeship under a licensed funeral director in this	543
state assisting that person in directing at least fifty funerals.	544

(E) Upon receiving satisfactory evidence that the applicant	545
meets all the requirements of division (C) of this section, the	546
board shall issue to the applicant a funeral director's license.	547

(F) A funeral director or embalmer may request the funeral	548
director's or embalmer's license be placed on inactive status by	549
submitting to the board a form prescribed by the board and such	550
other information as the board may request. A funeral director or	551
embalmer may not place the funeral director's or embalmer's	552
license on inactive status unless the funeral director or embalmer	553
is in good standing with the board and is in compliance with	554
applicable continuing education requirements. A funeral director	555
or embalmer who is granted inactive status is prohibited from	556
participating in any activity for which a funeral director's or	557
embalmer's license is required in this state. A funeral director	558
or embalmer who has been granted inactive status is exempt from	559
the continuing education requirements under section 4717.09 of the	560
Revised Code during the period of the inactive status.	561

(G) A funeral director or embalmer who has been granted	562
inactive status may not return to active status for at least two	563
years following the date that the inactive status was granted.	564
Following a period of at least two years of inactive status, the	565
funeral director or embalmer may apply to return to active status	566
upon completion of all of the following conditions:	567

(1) The funeral director or embalmer files with the board a	568
form prescribed by the board seeking active status and provides	569
any other information as the board may request;	570

(2) The funeral director or embalmer takes and passes the	571
Ohio laws examination for each license being activated;	572

(3) The funeral director or embalmer pays a reactivation fee	573
to the board in the amount of one hundred forty dollars for each	574
license being reactivated.	575

(H) As used in this section:

576

(1) "Community control sanction" has the same meaning as in	577
section 2929.01 of the Revised Code.	578

(2) "Post-release control sanction" has the same meaning as	579
in section 2967.01 of the Revised Code.	580

Sec. 4717.06.  (A)(1) Any person who desires to obtain a	581
license to operate a funeral home, embalming facility, or	582
crematory facility shall apply to the board of embalmers and	583
funeral directors on a form provided by the board. The application	584
shall include the initial license fee set forth in section 4717.07	585
of the Revised Code and proof satisfactory to the board that the	586
funeral home, embalming facility, or crematory facility is in	587
compliance with rules adopted by the board under section 4717.04	588
of the Revised Code, rules adopted by the board of building	589
standards under Chapter 3781. of the Revised Code, and all other	590
federal, state, and local requirements relating to the safety of	591
the premises.	592

(2) If the funeral home, embalming facility, or crematory	593
facility to which the license application pertains is owned by a	594
corporation or limited liability company, the application shall	595
include the name and address of the corporation's or limited	596
liability company's statutory agent appointed under section	597
1701.07 or 1705.06 of the Revised Code or, in the case of a	598
foreign corporation, the corporation's designated agent appointed	599
under section 1703.041 of the Revised Code. If the funeral home,	600
embalming facility, or crematory facility to which the application	601
pertains is owned by a partnership, the application shall include	602
the name and address of each of the partners. If, at any time	603
after the submission of a license application or issuance of a	604
license, the statutory or designated agent of a corporation or	605
limited liability company owning a funeral home, embalming	606
facility, or crematory facility or the address of the statutory or	607
designated agent changes or, in the case of a partnership, any of	608
the partners of the funeral home, embalming facility, or crematory	609
facility or the address of any of the partners changes, the	610
applicant for or holder of the license to operate the funeral	611
home, embalming facility, or crematory facility shall submit	612
written notice to the board, within thirty days after the change,	613
informing the board of the change and of any name or address of a	614
statutory or designated agent or partner that has changed from	615
that contained in the application for the license or the most	616
recent notice submitted under division (A)(2) of this section.	617

(B)(1) The board shall issue a license to operate a funeral	618
home only for the address at which the funeral home is operated.	619
The funeral home license and licenses of the embalmers and funeral	620
directors employed by the funeral home shall be displayed in a	621
conspicuous place within the funeral home.	622

(2) The funeral home shall have on the premises one of the	623
following:	624

(a) If embalming will take place at the funeral home, an	625
embalming room that is adequately equipped and maintained. The	626
embalming room shall be kept in a clean and sanitary manner and	627
used only for the embalming, preparation, or holding of dead human	628
bodies. The embalming room shall contain only the articles,	629
facilities, and instruments necessary for those purposes.	630

(b) If embalming will not take place at the funeral home, a	631
holding room that is adequately equipped and maintained. The	632
holding room shall be kept in a clean and sanitary manner and used	633
only for the preparation, other than embalming, and holding of	634
dead human bodies. The holding room shall contain only the	635
articles and facilities necessary for those purposes.	636

(3) Except as provided in division (B) of section 4717.11 of	637
the Revised Code, a funeral home shall be established and operated	638
only under the name of a holder of a funeral director's license	639
issued by the board who is actually in charge of and ultimately	640
responsible for the funeral home, and a funeral home license shall	641
not include directional or geographical references in the name of	642
the funeral home. The holder of the funeral home license shall be	643
a funeral director licensed under this chapter who is actually in	644
charge of and ultimately responsible for the funeral home. Nothing	645
in division (B)(3) of this section prohibits the holder of a	646
funeral home license from including directional or geographical	647
references in promotional or advertising materials identifying the	648
location of the funeral home.	649

(4) Each funeral home shall be directly supervised by a	650
funeral director licensed under this chapter, who shall supervise	651
only one funeral home.	652

(C)(1) The board shall issue a license to operate an	653
embalming facility only for the address at which the embalming	654
facility is operated. The license shall be displayed in a	655
conspicuous place within the facility.	656

(2) The embalming facility shall be adequately equipped and	657
maintained in a sanitary manner. The embalming room at such a	658
facility shall contain only the articles, facilities, and	659
instruments necessary for its stated purpose. The embalming room	660
shall be kept in a clean and sanitary condition and used only for	661
the care and preparation of dead human bodies.	662

(3) An embalming facility license shall be issued only to an	663
embalmer licensed under division (B) of section 4717.05 of the	664
Revised Code, who is actually in charge of the facility.	665

(D)(1) The board shall issue a license to operate a crematory	666
facility only for the address at which the crematory facility is	667
located and operated. The license shall be displayed in a	668
conspicuous place within the crematory facility.	669

(2) The crematory facility shall be adequately equipped and	670
maintained in a clean and sanitary manner. The crematory shall	671
contain only the articles, facilities, and instruments necessary	672
for carrying out the business of the crematory. The crematory	673
shall contain a separate area for the performance of cremation and	674
pulverization of dead human bodies, human body parts, and animals.	675
The crematory facility may be located in a funeral home, embalming	676
facility, cemetery building, or other building in which the	677
crematory facility may lawfully operate. If a crematory facility	678
engages in the cremation of animals, the crematory facility shall	679
cremate animals in a cremation chamber that also is not used to	680
cremate dead human bodies or human body parts and shall not	681
cremate animals in a cremation chamber used for the cremation of	682
dead human bodies and human body parts. Cremation chambers that	683
are used for the cremation of dead human bodies or human body	684
parts and cremation chambers used for the cremation of animals may	685
be located in the same area.	686

(3) A license to operate a crematory facility shall be issued	687
to athe person actually in charge of the crematory facility. This	688
section does not require the individual who is actually in charge	689
of the crematory facility to be an embalmer or funeral director	690
licensed under this chapter.	691

(4) Nothing in this section or rules adopted under section	692
4717.04 of the Revised Code precludes the establishment and	693
operation of a crematory facility on or adjacent to the property	694
on which a cemetery, funeral home, or embalming facility is	695
located.	696

Sec. 4717.10. (A) The board of embalmers and funeral	697
directors may recognize licenses issued to embalmers and funeral	698
directors by other states, and upon presentation of such licenses,	699
may issue to the holder an embalmer's or funeral director's	700
license under this chapter. The board shall charge the same fee as	701
prescribed in section 4717.07 of the Revised Code to issue or	702
renew such an embalmer's or funeral director's license. Such	703
licenses shall be renewed annually as provided in section 4717.08	704
of the Revised Code. The board shall not issue a license to any	705
person under this section unless the applicant proves that the	706
applicant, in the state in which the applicant is licensed, has	707
complied with requirements substantially equal to those	708
established in section 4717.05 of the Revised Code.	709

(B) The board of embalmers and funeral directors may issue	710
courtesy cards. A courtesy cardholder shall be authorized to	711
undertake both the following acts in this state:	712

(1) Prepare and complete those sections of a death	713
certificate and other permits needed for disposition of deceased	714
human remains in this state and sign and file such death	715
certificates and permits;	716

(2) Supervise and conduct funeral ceremonies and interments	717
in this state.	718

(C) The board of embalmers and funeral directors may	719
determine under what conditions a courtesy card may be issued to	720
funeral directors in bordering states after taking into account	721
whether and under what conditions and fees such border states	722
issue similar courtesy cards to funeral directors licensed in this	723
state. Applicants for courtesy cards shall apply on forms	724
prescribed by the board, pay an annual fee set by the board for	725
initial applications and renewals, and adhere to such other	726
requirements imposed by the board on courtesy cardholders.	727

(D) No courtesy cardholder shall be authorized to undertake	728
any of the following activities in this state:	729

(1) Arranging funerals or disposition services with members	730
of the public in this state;	731

(2) Be employed by or under contract to a funeral home	732
licensed in this state to perform funeral services in this state;	733

(3) Advertise funeral or disposition services in this state;

734

(4) Enter into or execute funeral or disposition contracts in	735
this state;	736

(5) Prepare or embalm deceased human remains in this state;

737

(6) Arrange for or carry out the disinterment of human	738
remains in this state.	739

(E) As used in this section, "courtesy card" means a special	740
permit that may be issued to a funeral director licensed in a	741
state that borders this state and who does not hold a funeral	742
director's license under this chapter.	743

Sec. 4717.11.  (A) A person who is licensed to operate a	744
funeral home shall obtain a new license upon any change in	745
location of the funeral home or any change in ownership of the	746
funeral business that owns the funeral home that results in a	747
majority of the ownership of the funeral business being held by	748
one or more persons who solely or in combination with others did	749
not own a majority of the funeral business immediately prior to	750
the change in ownership. The person licensed to operate the	751
funeral home shall surrender the current license to the board	752
within thirty days after any such change occurs. If a funeral home	753
is sold, the new ownerfuneral director who will be actually in	754
charge and ultimately responsible for the funeral home shall apply	755
for a license within thirty days after the date of the closing of	756
the purchase of the funeral home. Upon the filing of an	757
application for a funeral home license by a licensed funeral	758
director, the funeral home may continue to operate until the board	759
denies the funeral home's application.	760

(B) When the funeral director who is licensed to operate a	761
funeral home dies or otherwise ceases to operate the home because	762
of death, resignation, employment termination, sale of the funeral	763
home, or any other reason, the funeral home may continue to	764
operate under that person's name, provided that the name of the	765
new person licensed to operate the funeral home is added to the	766
license within twenty-four months after the previous license	767
holder dies or otherwise ceases to operate the funeral home. The	768
new licensee shall meet the requirements of section 4717.06 of the	769
Revised Code.	770

(C) A person who is licensed to operate an embalming facility	771
shall obtain a new license upon any change in location of the	772
embalming facility or any change in ownership of the business	773
entity that owns the embalming facility that results in a majority	774
of the ownership of the business entity being held by one or more	775
persons who solely or in combination with others did not own a	776
majority of the business entity immediately prior to the change in	777
ownership. The person licensed to operate the facility shall	778
surrender the current license to the board within thirty days	779
after any such change occurs.	780

(D) A person who is licensed to operate a crematory facility	781
shall obtain a new license upon any change in location of the	782
crematory facility or any change in ownership of the business	783
entity operating the facility that results in a majority of the	784
ownership of the business entity being held by one or more persons	785
who solely or in combination with others did not own a majority of	786
the business entity immediately prior to the change in ownership.	787
The person licensed to operate the crematory facility shall	788
surrender the current license to the board within thirty days	789
after any such change occurs.	790

Sec. 4717.12.  (A) The following persons are exempt from the	791
provisions of this chapter:	792

(1) An officer or employee of the department of health or any	793
board of health, who, in compliance with rules or orders of the	794
department of health or board of health, is preparing the body of	795
a person whose death was caused by a virulent communicable	796
disease;	797

(2) An officer, employee, or licensed physician of a medical	798
college, when any of these are acting on behalf of a medical	799
college;	800

(3) Any person carrying out sections 1713.34 to 1713.39 of	801
the Revised Code, prescribing the conditions under which the	802
bodies of indigent persons are held subject for anatomical study;	803

(4) Any person licensed in another state as a funeral	804
director or embalmer who is assisting a funeral director or	805
embalmer licensed under this chapter during a disaster or an	806
emergency in the state that has been declared by this state or a	807
political subdivision.	808

(B) This chapter does not prevent or interfere with any of	809
the following:	810

(1) The ceremonies, customs, religious rights, or religion of	811
any people, denomination, or sect;	812

(2) Any religious denomination or sect, or any body composed	813
of members of a denomination;	814

(3) Any church or synagogue committee in preparing dead human	815
bodies for burial;	816

(4) The conducting of funerals and the burial of dead human	817
bodies in accordance with the ceremonies or rights described in	818
division (B) of this section without the use, employment, or	819
supervision of a licensed embalmer or funeral director, except	820
when the body is that of a person whose death was caused by a	821
virulent communicable disease, in which case the rules of the	822
department of health or board of health having territorial	823
jurisdiction shall apply.	824

Sec. 4717.13.  (A) No person shall do any of the following:

825

(1) Engage in the business or profession of funeral directing	826
unless the person is licensed as a funeral director under this	827
chapter, is certified as an apprentice funeral director in	828
accordance with rules adopted under section 4717.04 of the Revised	829
Code and is assisting a funeral director licensed under this	830
chapter, or is a student in a college of mortuary sciences	831
approved by the board and is under the direct supervision of a	832
funeral director licensed by the board;	833

(2) Engage in embalming unless the person is licensed as an	834
embalmer under this chapter, is certified as an apprentice	835
embalmer in accordance with rules adopted under section 4717.04 of	836
the Revised Code and is assisting an embalmer licensed under this	837
chapter, or is a student in a college of mortuary science approved	838
by the board and is under the direct supervision of an embalmer	839
licensed by the board;	840

(3) Advertise or otherwise offer to provide or convey the	841
impression that the person provides funeral directing services	842
unless the person is licensed as a funeral director under this	843
chapter and is employed by or under contract to a licensed funeral	844
home and performs funeral directing services for that funeral home	845
in a manner consistent with the advertisement, offering, or	846
conveyance;	847

(4) Advertise or otherwise offer to provide or convey the	848
impression that the person provides embalming services unless the	849
person is licensed as an embalmer under this chapter and is	850
employed by or under contract to a licensed funeral home or a	851
licensed embalming facility and performs embalming services for	852
the funeral home or embalming facility in a manner consistent with	853
the advertisement, offering, or conveyance;	854

(5) Operate a funeral home without a license to operate the	855
funeral home issued by the board under this chapter;	856

(6) Practice the business or profession of funeral directing	857
from any place except from a funeral home that a person is	858
licensed to operate under this chapter;	859

(7) Practice embalming from any place except from a funeral	860
home or embalming facility that a person is licensed to operate	861
under this chapter;	862

(8) Operate a crematory or perform cremation without a	863
license to operate the crematory issued under this chapter;	864

(9) Cremate animals in a cremation chamber in which dead	865
human bodies or body parts are cremated or cremate dead human	866
bodies or human body parts in a cremation chamber in which animals	867
are cremated.	868

(10) Hold a dead human body, before final disposition, for	869
more than forty-eight hours after the time of death unless the	870
dead human body is embalmed or placed into refrigeration and	871
maintained at a constant temperature of less than forty degrees.	872

(B) No funeral director or other person in charge of the	873
final disposition of a dead human body shall fail to do one of the	874
following prior to the interment of the body:	875

(1) Affix to the ankle or wrist of the deceased a tag encased	876
in a durable and long-lasting material that contains the name,	877
date of birth, date of death, and social security number of the	878
deceased;	879

(2) Place in the casket a capsule containing a tag bearing	880
the information described in division (B)(1) of this section;	881

(3) If the body was cremated, place in the vessel containing	882
the cremated remains a tag bearing the information described in	883
division (B)(1) of this section.	884

(C) No person who holds a funeral home license for a funeral	885
home that is closed, or that is owned by a funeral business in	886
which changes in the ownership of the funeral business result in a	887
majority of the ownership of the funeral business being held by	888
one or more persons who solely or in combination with others did	889
not own a majority of the funeral business immediately prior to	890
the change in ownership, shall fail to submit to the board within	891
thirty days after the closing or such a change in ownership of the	892
funeral business owning the funeral home, a clearly enumerated	893
account of all of the following from which the licensee, at the	894
time of the closing or change in ownership of the funeral business	895
and in connection with the funeral home, was to receive payment	896
for providing funeral services, funeral goods, or any combination	897
of those in connection with the funeral or final disposition of a	898
dead human body:	899

(1) Preneed funeral contracts governed by sections 4717.31 to	900
4717.38 of the Revised Code;	901

(2) Life insurance policies or annuities the benefits of	902
which are payable to the provider of funeral or burial goods or	903
services;	904

(3) Accounts at banks or savings banks insured by the federal	905
deposit insurance corporation, savings and loan associations	906
insured by the federal savings and loan insurance corporation or	907
the Ohio deposit guarantee fund, or credit unions insured by the	908
national credit union administration or a credit union share	909
guaranty corporation organized under Chapter 1761. of the Revised	910
Code that are payable upon the death of the person for whose	911
benefit deposits into the accounts were made.	912

Sec. 4717.21.  (A) Any person, on an antemortem basis, may	913
serve as the person's own authorizing agent, authorize the	914
person's own cremation, and specify the arrangements for the final	915
disposition of the person's own cremated remains by executing an	916
antemortem cremation authorization form. A guardian, custodian, or	917
other personal representative who is authorized by law or contract	918
to do so on behalf of a person, on an antemortem basis, may	919
authorize the cremation of the person and specify the arrangements	920
for the final disposition of the person's cremated remains by	921
executing an antemortem cremation authorization form on the	922
person's behalf. Any such antemortem cremation authorization form	923
also shall be signed by one witness. The original copy of the	924
executed authorization form shall be sent to the operator of the	925
crematory facility being authorized to conduct the cremation, and	926
a copy shall be retained by the person who executed the	927
authorization form. The person who executed an antemortem	928
cremation authorization form may revoke the authorization at any	929
time by providing written notice of the revocation to the operator	930
of the crematory facility named in the authorization form. The	931
person who executed the authorization form may transfer the	932
authorization to another crematory facility by providing written	933
notice to the operator of the crematory facility named in the	934
original authorization of the revocation of the authorization and,	935
in accordance with this division, executing a new antemortem	936
cremation authorization form authorizing the operator of another	937
crematory facility to conduct the cremation.	938

(B)(1) Each antemortem cremation authorization form shall	939
specify the final disposition that is to be made of the cremated	940
remains.	941

(2) Every antemortem cremation authorization form entered	942
into on or after the effective date of this amendment shall	943
specify the final disposition that is to be made of the remains	944
and shall include a provision in substantially the following form:	945

NOTICE: Upon the death of the person who is the subject of	946
this antemortem cremation authorization, the person holding the	947
right of disposition under section 2108.70 or 2108.81 of the	948
Revised Code may cancel the cremation arrangements, modify the	949
arrangements for the final disposition of the cremated remains, or	950
make alternative arrangements for the final disposition of the	951
decedent's body. However, the person executing this antemortem	952
cremation authorization is encouraged to state his or her	953
preferences as to the manner of final disposition in a declaration	954
of the right of disposition pursuant to section 2108.72 of the	955
Revised Code, including that the arrangements set forth in this	956
form shall be followed.	957

(C)(1) Except as provided in division (C)(2) of this section,	958
when the operator of a crematory facility is in possession of a	959
cremation authorization form that has been executed on an	960
antemortem basis in accordance with this section, the other	961
conditions set forth in division (A) of section 4717.23 of the	962
Revised Code have been met, the crematory facility has possession	963
of the decedent to which the antemortem authorization pertains,	964
and the crematory facility has received payment for the cremation	965
of the decedent and the final disposition of the cremated remains	966
of the decedent or is otherwise assured of payment for those	967
services, the crematory facility shall cremate the decedent as	968
directed and dispose of the cremated remains in accordance with	969
the instructions contained in the antemortem cremation	970
authorization form.	971

(2) A person with the right of disposition for a decedent	972
under section 2108.70 or 2108.81 of the Revised Code who is not	973
disqualified under section 2108.75 of the Revised Code may cancel	974
the arrangements for the decedent's cremation, modify the	975
arrangements for the final disposition of the decedent's cremated	976
remains, or make alternative arrangements for the final	977
disposition of the decedent's body. If a person with the right	978
takes any such action, the operator shall disregard the	979
instructions contained in the antemortem cremation authorization	980
form and follow the instructions of the person with the right.	981

(D) An antemortem cremation authorization form executed under	982
division (A) of this section does not constitute a contract for	983
conducting the cremation of the person named in the authorization	984
form or for the final disposition of the person's cremated	985
remains. Despite the existence of such an antemortem cremation	986
authorization, a person identified under division (A) of section	987
4717.22 of the Revised Code as being entitled to act as the	988
authorizing agentwith the right of disposition for the cremation	989
of thea decedent named in the antemortem authorization, in the	990
descending order of priority in which they are listed,under	991
section 2108.70 or 2108.81 of the Revised Code may modify, in	992
writing, the arrangements for the final disposition of the	993
cremated remains of the decedent set forth in the authorization	994
form or may cancel the cremation and claim the decedent's body for	995
purposes of making alternative arrangements for the final	996
disposition of the decedent's body. The revocation of an	997
antemortem cremation authorization form executed under division	998
(A) of this section, or the cancellation of the cremation of the	999
person named in the antemortem authorization or modification of	1000
the arrangements for the final disposition of the person's	1001
cremated remains as authorized by this division, does not affect	1002
the validity or enforceability of any contract entered into for	1003
the cremation of the person named in the antemortem authorization	1004
or for the final disposition of the person's cremated remains.	1005

(E) Nothing in this section applies to any antemortem	1006
cremation authorization form executed prior to the effective date	1007
of this section. Any cemetery, funeral home, crematory facility,	1008
or other party may specify, with the written approval of the	1009
person who executed the antemortem authorization, that such an	1010
antemortem authorization is subject to sections 4717.21 to 4717.30	1011
of the Revised Code.	1012

Sec. 4717.24.  (A) A cremation authorization form authorizing	1013
the cremation of a dead human body, other than one that was	1014
donated to science for purposes of medical education or research,	1015
shall include at least all of the following information and	1016
statements:	1017

(1) The identity ofA statement that the decedent has been	1018
identified in accordance with division (B) of this section;	1019

(2) The name of the funeral director or other individual who	1020
obtained the burial or burial-transit permit authorizing the	1021
cremation of the decedent;	1022

(3) The name of the authorizing agent and the relationship of	1023
the authorizing agent to the decedent;	1024

(4) A statement that the authorizing agent in fact has the	1025
right to authorize cremation of the decedent and that the	1026
authorizing agent does not have actual knowledge of the existence	1027
of any living person who has a superior priority right to act as	1028
the authorizing agent under section 4717.22 of the Revised Code.	1029
If the person executing the cremation authorization form knows of	1030
another living person who has such a superior priority right, the	1031
authorization form shall include a statement indicating that the	1032
person executing the authorization form has made reasonable	1033
efforts to contact the person having the superior priority right	1034
and has been unable to do so and that the person executing the	1035
authorization form has no reason to believe that the person having	1036
the superior priority right would object to the cremation of the	1037
decedent.	1038

(5) A statement of whether the authorizing agent has actual	1039
knowledge of the presence in the decedent of a pacemaker,	1040
defibrillator, or any other mechanical or radioactive device or	1041
implant that poses a hazard to the health or safety of personnel	1042
performing the cremation;	1043

(6) A statement indicating the crematory facility is to	1044
cremate the casket or alternative container in which the decedent	1045
was delivered to or accepted by the crematory facility;	1046

(7) A statement of whether the crematory facility is	1047
authorized to simultaneously cremate the decedent in the same	1048
cremation chamber with one or more other decedents who were	1049
related to the decedent named in the cremation authorization form	1050
by consanguinity or affinity or who, at any time during the	1051
one-year period preceding the decedent's death, lived with the	1052
decedent in a common law marital relationship or otherwise	1053
cohabited with the decedent. A cremation authorization form	1054
executed under this section shall not authorize the simultaneous	1055
cremation of a decedent in the same cremation chamber with one or	1056
more other decedents except under the circumstances described in	1057
the immediately preceding sentence.	1058

(8) The names of any persons designated by the authorizing	1059
agent to be present in the holding facility or cremation room	1060
prior to or during the cremation of the decedent or during the	1061
removal of the cremated remains from the cremation chamber;	1062

(9) The authorization for the crematory facility to cremate	1063
the decedent and to process or pulverize the cremated remains as	1064
is the practice at the particular crematory facility;	1065

(10) A statement of whether it is the crematory facility's	1066
practice to return all of the residue removed from the cremation	1067
chamber following the cremation or to separate and remove foreign	1068
matter from the residue before returning the cremated remains to	1069
the authorizing agent or the person designated on the	1070
authorization form to receive the cremated remains pursuant to	1071
division (A)(11) of this section;	1072

(11) The name of the person who is to receive the cremated	1073
remains of the decedent from the crematory facility;	1074

(12) The manner in which the final disposition of the	1075
cremated remains of the decedent is to occur, if known. If the	1076
cremation authorization form does not specify the manner of the	1077
final disposition of the cremated remains, it shall indicate that	1078
the cremated remains will be held by the crematory facility for	1079
thirty days after the cremation, unless, prior to the end of that	1080
period, they are picked up from the crematory facility by the	1081
person designated on the cremation authorization form to receive	1082
them, the authorizing agent, or, if applicable, the funeral	1083
director who obtained the burial or burial-transit permit for the	1084
decedent, or are delivered or shipped by the operator of the	1085
crematory facility to one of those persons. The authorization form	1086
shall indicate that if no instructions for the final disposition	1087
are provided on the authorization form and that if no arrangements	1088
for final disposition have been made within the thirty-day period,	1089
the crematory facility may return the cremated remains to the	1090
authorizing agent. The authorization form shall further indicate	1091
that if no arrangements for the final disposition of the cremated	1092
remains have been made within sixty days after the completion of	1093
the cremation and if the authorizing agent has not picked them up	1094
or caused them to be picked up within that period, the operator	1095
may dispose of them in accordance with division (C) of section	1096
4717.27 of the Revised Code.	1097

(13) A listing of the items of value to be delivered to the	1098
crematory facility along with the dead human body, if any, and	1099
instructions regarding how those items are to be handled;	1100

(14) A statement of whether the authorizing agent has made	1101
arrangements for any type of viewing of the decedent or for a	1102
service with the decedent present prior to the cremation and, if	1103
so, the date, time, and place of the service;	1104

(15) A statement of whether the crematory facility may	1105
proceed with the cremation at any time after the conditions set	1106
forth in division (A) of section 4717.23 of the Revised Code have	1107
been met and the decedent has been received at the facility;	1108

(16) The certification of the authorizing agent to the effect	1109
that all of the information and statements contained in the	1110
authorization form are accurate;	1111

(17) The signature of a funeral director licensed under this	1112
chapter, or another individual, as a witness. If a licensed	1113
funeral director signs the authorization form as a witness, the	1114
funeral director is responsible for verifying the accuracy of the	1115
information and statements required under divisions (A)(1) and (2)	1116
of this section, but is not responsible for verifying the accuracy	1117
of any of the other information or statements provided on the	1118
authorization form by the authorizing agent, unless the funeral	1119
director has actual knowledge to the contrary regarding any of the	1120
other information or statements. In addition, at the time the	1121
decedent is delivered to the crematory facility, the funeral	1122
director shall certify that the dead human body delivered to the	1123
crematory facility is that of the decedent identified on the	1124
authorization form and shall certify that the responsibility	1125
imposed on the funeral director by division (B) of section 4717.29	1126
of the Revised Code has been carried out. If an individual other	1127
than a licensed funeral director signs the authorization form as a	1128
witness, the individual is not responsible for the accuracy of any	1129
of the information or statements provided on the authorization	1130
form, unless the individual has actual knowledge to the contrary	1131
regarding any of the information or statements provided by the	1132
authorizing agent and the signature of at least one witness who	1133
observed the authorizing agent execute the cremation authorization	1134
form.	1135

(B) In making the identification of the decedent required by	1136
division (A)(1) of this section, the funeral home arranging the	1137
cremation shall require the authorizing agent or the agent's	1138
appointed representative to visually identify the decedent's	1139
remains or a photograph or other visual image of the remains. If	1140
identification is by photograph or other visual image, the	1141
authorizing agent or representative shall sign the photograph or	1142
other visual image. If visual identification is not feasible,	1143
other positive identification of the decedent may be used	1144
including, but not limited to, reliance upon an identification	1145
made through the coroner's office or identification of photographs	1146
or other visual images of scars, tattoos, or physical deformities	1147
taken from the decedent's remains.	1148

(C) An authorizing agent who is not available to execute a	1149
cremation authorization form in person may designate another	1150
individual to serve as the authorizing agent by providing to the	1151
operator of the crematory facility where the cremation is to occur	1152
a written designation, acknowledged before a notary public or	1153
other person authorized to administer oaths, authorizing that	1154
other individual to serve as the authorizing agent, or by sending	1155
to the operator a facsimile transmission of the written	1156
designation that has been so acknowledged. Any such written	1157
designation shall contain the name of the decedent, the name and	1158
address of the authorizing agent, the relationship of the	1159
authorizing agent to the decedent, and the name and address of the	1160
individual who is being designated to serve as the authorizing	1161
agent. Upon receiving such a written designation or a facsimile	1162
transmission of such a written designation, the operator shall	1163
permit the individual named in the written designation to serve as	1164
the authorizing agent and to execute the cremation authorization	1165
form authorizing the cremation of the decedent named in the	1166
written designation.	1167

(C)(D) An authorizing agent who signs a cremation	1168
authorization form under this section is hereby deemed to warrant	1169
the accuracy of the information and statements contained in the	1170
such authorization form, including the person'sidentification of	1171
the decedent and the agent's authority to authorize the cremation.	1172
A funeral home and its employees are not responsible for verifying	1173
the accuracy of any information or statements the authorizing	1174
agent made on the authorization form, unless the funeral home or	1175
its employees have actual knowledge to the contrary regarding any	1176
such information or statement. When delivering the decedent's	1177
remains to a crematory facility or in carrying out the disposition	1178
in its own facility, the funeral home is responsible for having	1179
the decedent identified pursuant to division (B) of this section	1180
and carrying out the obligations imposed on the funeral home by	1181
division (B) of section 4717.29 of the Revised Code.	1182

(D)(E) At any time after executing a cremation authorization	1183
form and prior to the beginning of the cremation process, the	1184
authorizing agent who executed the cremation authorization form	1185
under division (A) or (B)(C) of this section may, in writing,	1186
modify the arrangements for the final disposition of the cremated	1187
remains of the decedent set forth in the authorization form or	1188
may, in writing, revoke the authorization, cancel the cremation,	1189
and claim the decedent's body for purposes of making alternative	1190
arrangements for the final disposition of the decedent's body. The	1191
operator of a crematory facility shall cancel the cremation if the	1192
operator receives such a revocation before beginning the	1193
cremation.	1194

(E)(F) A cremation authorization form executed under this	1195
section does not constitute a contract for conducting the	1196
cremation of the decedent named in the authorization form or for	1197
the final disposition of the cremated remains of the decedent. The	1198
revocation of a cremation authorization form or modification of	1199
the arrangements for the final disposition of the cremated remains	1200
of the decedent pursuant to division (D)(E) of this section does	1201
not affect the validity or enforceability of any contract for the	1202
cremation of the decedent named in the authorization form or for	1203
the final disposition of the cremated remains of the decedent.	1204

Sec. 4717.30.  (A) The operator of a crematory facility or a	1205
funeral director is not liable in damages in a civil action for	1206
any of the following actions or omissions, unless the actions or	1207
omissions were made with malicious purpose, in bad faith, or in a	1208
wanton or reckless manner or unless any of the conditions set	1209
forth in divisions (B)(1) to (3) of this section apply:	1210

(1)(a) For having arranged or performed the cremation of the	1211
decedent, or having released or disposed of the cremated remains,	1212
in accordance with the instructions set forth in the cremation	1213
authorization form executed by the decedent on an antemortem basis	1214
under section 4717.21 of the Revised Code;	1215

(b) HavingFor having arranged or performed the cremation of	1216
the decedent or body parts removed from the decedent or living	1217
person or having released or disposed of the cremated remains in	1218
accordance with the instructions set forth in a cremation	1219
authorization form executed in person by the person authorized to	1220
serve as the authorizing agent for the cremation of the decedent	1221
or for the cremation of body parts of the decedent or living	1222
person, named in the cremation authorization form executed under	1223
section 4717.24 or 4717.25 of the Revised Code.	1224

(2) HavingFor having arranged or performed the cremation of	1225
the decedent, or having released or disposed of the cremated	1226
remains, in accordance with the instructions set forth in the	1227
cremation authorization form executed by a designated agent under	1228
division (B)(C) of section 4717.24 of the Revised Code.	1229

(B) The operator of a crematory facility is not liable in	1230
damages in a civil action for refusing to accept a dead human body	1231
or body parts or to perform a cremation under any of the following	1232
circumstances, unless the refusal was made with malicious purpose,	1233
in bad faith, or in a wanton or reckless manner:	1234

(1) The operator has actual knowledge that there is a dispute	1235
regarding the cremation of the decedent or body parts, until such	1236
time as the operator receives an order of the probate court of	1237
common pleas having jurisdiction ordering the cremation of the	1238
decedent or body parts or until the operator receives from the	1239
parties to the dispute a copy of a written agreement resolving the	1240
dispute and authorizing the cremation to be performed.	1241

(2) The operator has a reasonable basis for questioning the	1242
accuracy of any of the information or statements contained in a	1243
cremation authorization form executed under section 4717.21,	1244
4717.24, or 4717.25 of the Revised Code, as applicable, that	1245
authorizes the cremation of the decedent or body parts.	1246

(3) The operator has any other lawful reason for refusing to	1247
accept the dead human body or body parts or to perform the	1248
cremation.	1249

(C) The operator of a crematory facility or a funeral	1250
director is not liable in damages in a civil action for refusing	1251
to release or dispose of the cremated remains of a decedent or	1252
body parts when the operator or funeral director has actual	1253
knowledge that there is a dispute regarding the release or final	1254
disposition of the cremated remains in connection with any damages	1255
sustained, prior to the time the operator or funeral director	1256
receives an order of the probate court of common pleas having	1257
jurisdiction ordering the release or final disposition of the	1258
cremated remains, or prior to the time the facilityoperator or	1259
funeral director receives from the parties to the dispute a copy	1260
of a written agreement resolving the dispute and authorizing the	1261
cremation to be performed.	1262

(D) The operator of a crematory facility is not liable in	1263
damages in a civil action in connection with the cremation of, or	1264
disposition of the cremated remains of, any dental gold, jewelry,	1265
or other items of value delivered to the facility with a dead	1266
human body or body parts, unless either or both of the following	1267
apply:	1268

(1) The cremation authorization form authorizing the	1269
cremation of the decedent or body parts executed under section	1270
4717.21, 4717.24, or 4717.25 of the Revised Code, as applicable,	1271
contains specific instructions for the removal or recovery and	1272
disposition of any such dental gold, jewelry, or other items of	1273
value prior to or after the cremation, and the operator has failed	1274
to comply with the written instructions.	1275

(2) The actions or omissions of the operator were made with	1276
malicious purpose, in bad faith, or in a wanton or reckless	1277
manner.	1278

(E)(1) This section does not create a new cause of action	1279
against or substantive legal right against the operator of a	1280
crematory facility or a funeral director.	1281

(2) This section does not affect any immunities from civil	1282
liability or defenses established by another section of the	1283
Revised Code or available at common law to which the operator of a	1284
crematory or a funeral director may be entitled under	1285
circumstances not covered by this section.	1286

Section 2.  That existing sections 9.833, 148.06, 149.431,	1287
2744.081, 4717.05, 4717.06, 4717.10, 4717.11, 4717.12, 4717.13,	1288
4717.21, 4717.24, and 4717.30 of the Revised Code are hereby	1289
repealed.	1290