Sub. H. B. No. 481 As Reported by the House State Government and Elections Committee

As Reported by the House State Government and Elections Committee

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 481

Representative Hackett

Cosponsors: Representatives Beck, Grossman, Boose, Wachtmann, Henne, Slaby, L., Combs

A BILL

To amend sections 4717.05, 4717.06, 4717.10, 4717.11,

4717.12, 4717.21, 4717.24, and 4717.30 of the

Revised Code to authorize the Board of Embalmers

and Funeral Directors to issue courtesy licenses

to allow funeral directors in bordering states to

conduct limited funeral-related activities in

Ohio; to permit embalmers and funeral directors to

place their licenses on inactive status; to

clarify that, upon the sale of the funeral home,

the home may remain operating based upon a

submission of a new license application to the

Board; to permit out-of-state funeral directors

without a license to work with licensed funeral

directors during a declared disaster or emergency;

and to eliminate the requirement that funeral

homes be the guarantor of the identity of

decedents and instead require funeral homes to

complete only visual identification of remains.

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

Section 1. That sections 4717.05, 4717.06, 4717.10, 4717.11,	19
4717.12, 4717.21, 4717.24, and 4717.30 of the Revised Code be	20
amended to read as follows:	21

Sec. 4717.05. (A) Any person who desires to be licensed as	22
an embalmer shall apply to the board of embalmers and funeral	23
directors on a form provided by the board. The applicant shall	24
include with the application an initial license fee as set forth	25
in section 4717.07 of the Revised Code and evidence, verified by	26
oath and satisfactory to the board, that the applicant meets all	27
of the following requirements:	28

(1) The applicant is at least eighteen years of age and of	29
good moral character.	30

(2) If the applicant has pleaded guilty to, has been found by	31
a judge or jury to be guilty of, or has had a judicial finding of	32
eligibility for treatment in lieu of conviction entered against	33
the applicant in this state for aggravated murder, murder,	34
voluntary manslaughter, felonious assault, kidnapping, rape,	35
sexual battery, gross sexual imposition, aggravated arson,	36
aggravated robbery, or aggravated burglary, or has pleaded guilty	37
to, has been found by a judge or jury to be guilty of, or has had	38
a judicial finding of eligibility for treatment in lieu of	39
conviction entered against the applicant in another jurisdiction	40
for a substantially equivalent offense, at least five years has	41
elapsed since the applicant was released from incarceration, a	42
community control sanction, a post-release control sanction,	43
parole, or treatment in connection with the offense.	44

(3) The applicant holds at least a bachelor's degree from a	45
college or university authorized to confer degrees by the Ohio	46
board of regents or the comparable legal agency of another state	47
in which the college or university is located and submits an	48
official transcript from that college or university with the	49
application.	50

(4) The applicant has satisfactorily completed at least	51
twelve months of instruction in a prescribed course in mortuary	52
science as approved by the board and has presented to the board a	53
certificate showing successful completion of the course. The	54
course of mortuary science college training may be completed	55
either before or after the completion of the educational standard	56
set forth in division (A)(3) of this section.	57

(5) The applicant has registered with the board prior to	58
beginning an embalmer apprenticeship.	59

(6) The applicant has satisfactorily completed at least one	60
year of apprenticeship under an embalmer licensed in this state	61
and has assisted that person in embalming at least twenty-five	62
dead human bodies.	63

(7) The applicant, upon meeting the educational standards	64
provided for in divisions (A)(3) and (4) of this section and	65
completing the apprenticeship required in division (A)(6) of this	66
section, has completed the examination for an embalmer's license	67
required by the board.	68

(B) Upon receiving satisfactory evidence verified by oath	69
that the applicant meets all the requirements of division (A) of	70
this section, the board shall issue the applicant an embalmer's	71
license.	72

(C) Any person who desires to be licensed as a funeral	73
director shall apply to the board on a form provided by the board.	74
The application shall include an initial license fee as set forth	75
in section 4717.07 of the Revised Code and evidence, verified by	76
oath and satisfactory to the board, that the applicant meets all	77
of the following requirements:	78

(1) Except as otherwise provided in division (D) of this	79
section, the applicant has satisfactorily met all the requirements	80
for an embalmer's license as described in divisions (A)(1) to (4)	81
of this section.	82

(2) The applicant has registered with the board prior to	83
beginning a funeral director apprenticeship.	84

(3) The applicant, following mortuary science college	85
training described in division (A)(4) of this section, has	86
satisfactorily completed a one-year apprenticeship under a	87
licensed funeral director in this state and has assisted that	88
person in directing at least twenty-five funerals.	89

(4) The applicant has satisfactorily completed the	90
examination for a funeral director's license as required by the	91
board.	92

(D) In lieu of mortuary science college training required for	93
a funeral director's license under division (C)(1) of this	94
section, the applicant may substitute a satisfactorily completed	95
two-year apprenticeship under a licensed funeral director in this	96
state assisting that person in directing at least fifty funerals.	97

(E) Upon receiving satisfactory evidence that the applicant	98
meets all the requirements of division (C) of this section, the	99
board shall issue to the applicant a funeral director's license.	100

(F) A funeral director or embalmer may request the funeral	101
director's or embalmer's license be placed on inactive status by	102
submitting to the board a form prescribed by the board and such	103
other information as the board may request. A funeral director or	104
embalmer may not place the funeral director's or embalmer's	105
license on inactive status unless the funeral director or embalmer	106
is in good standing with the board and is in compliance with	107
applicable continuing education requirements. A funeral director	108
or embalmer who is granted inactive status is prohibited from	109
participating in any activity for which a funeral director's or	110
embalmer's license is required in this state. A funeral director	111
or embalmer who has been granted inactive status is exempt from	112
the continuing education requirements under section 4717.09 of the	113
Revised Code during the period of the inactive status.	114

(G) A funeral director or embalmer who has been granted	115
inactive status may not return to active status for at least two	116
years following the date that the inactive status was granted.	117
Following a period of at least two years of inactive status, the	118
funeral director or embalmer may apply to return to active status	119
upon completion of all of the following conditions:	120

(1) The funeral director or embalmer files with the board a	121
form prescribed by the board seeking active status and provides	122
any other information as the board may request;	123

(2) The funeral director or embalmer takes and passes the	124
Ohio laws examination for each license being activated;	125

(3) The funeral director or embalmer pays a reactivation fee	126
to the board in the amount of one hundred forty dollars for each	127
license being reactivated.	128

(H) As used in this section:

129

(1) "Community control sanction" has the same meaning as in	130
section 2929.01 of the Revised Code.	131

(2) "Post-release control sanction" has the same meaning as	132
in section 2967.01 of the Revised Code.	133

Sec. 4717.06. (A)(1) Any person who desires to obtain a	134
license to operate a funeral home, embalming facility, or	135
crematory facility shall apply to the board of embalmers and	136
funeral directors on a form provided by the board. The application	137
shall include the initial license fee set forth in section 4717.07	138
of the Revised Code and proof satisfactory to the board that the	139
funeral home, embalming facility, or crematory facility is in	140
compliance with rules adopted by the board under section 4717.04	141
of the Revised Code, rules adopted by the board of building	142
standards under Chapter 3781. of the Revised Code, and all other	143
federal, state, and local requirements relating to the safety of	144
the premises.	145

(2) If the funeral home, embalming facility, or crematory	146
facility to which the license application pertains is owned by a	147
corporation or limited liability company, the application shall	148
include the name and address of the corporation's or limited	149
liability company's statutory agent appointed under section	150
1701.07 or 1705.06 of the Revised Code or, in the case of a	151
foreign corporation, the corporation's designated agent appointed	152
under section 1703.041 of the Revised Code. If the funeral home,	153
embalming facility, or crematory facility to which the application	154
pertains is owned by a partnership, the application shall include	155
the name and address of each of the partners. If, at any time	156
after the submission of a license application or issuance of a	157
license, the statutory or designated agent of a corporation or	158
limited liability company owning a funeral home, embalming	159
facility, or crematory facility or the address of the statutory or	160
designated agent changes or, in the case of a partnership, any of	161
the partners of the funeral home, embalming facility, or crematory	162
facility or the address of any of the partners changes, the	163
applicant for or holder of the license to operate the funeral	164
home, embalming facility, or crematory facility shall submit	165
written notice to the board, within thirty days after the change,	166
informing the board of the change and of any name or address of a	167
statutory or designated agent or partner that has changed from	168
that contained in the application for the license or the most	169
recent notice submitted under division (A)(2) of this section.	170

(B)(1) The board shall issue a license to operate a funeral	171
home only for the address at which the funeral home is operated.	172
The funeral home license and licenses of the embalmers and funeral	173
directors employed by the funeral home shall be displayed in a	174
conspicuous place within the funeral home.	175

(2) The funeral home shall have on the premises one of the	176
following:	177

(a) If embalming will take place at the funeral home, an	178
embalming room that is adequately equipped and maintained. The	179
embalming room shall be kept in a clean and sanitary manner and	180
used only for the embalming, preparation, or holding of dead human	181
bodies. The embalming room shall contain only the articles,	182
facilities, and instruments necessary for those purposes.	183

(b) If embalming will not take place at the funeral home, a	184
holding room that is adequately equipped and maintained. The	185
holding room shall be kept in a clean and sanitary manner and used	186
only for the preparation, other than embalming, and holding of	187
dead human bodies. The holding room shall contain only the	188
articles and facilities necessary for those purposes.	189

(3) Except as provided in division (B) of section 4717.11 of	190
the Revised Code, a funeral home shall be established and operated	191
only under the name of a holder of a funeral director's license	192
issued by the board who is actually in charge of and ultimately	193
responsible for the funeral home, and a funeral home license shall	194
not include directional or geographical references in the name of	195
the funeral home. The holder of the funeral home license shall be	196
a funeral director licensed under this chapter who is actually in	197
charge of and ultimately responsible for the funeral home. Nothing	198
in division (B)(3) of this section prohibits the holder of a	199
funeral home license from including directional or geographical	200
references in promotional or advertising materials identifying the	201
location of the funeral home.	202

(4) Each funeral home shall be directly supervised by a	203
funeral director licensed under this chapter, who shall supervise	204
only one funeral home.	205

(C)(1) The board shall issue a license to operate an	206
embalming facility only for the address at which the embalming	207
facility is operated. The license shall be displayed in a	208
conspicuous place within the facility.	209

(2) The embalming facility shall be adequately equipped and	210
maintained in a sanitary manner. The embalming room at such a	211
facility shall contain only the articles, facilities, and	212
instruments necessary for its stated purpose. The embalming room	213
shall be kept in a clean and sanitary condition and used only for	214
the care and preparation of dead human bodies.	215

(3) An embalming facility license shall be issued only to an	216
embalmer licensed under division (B) of section 4717.05 of the	217
Revised Code, who is actually in charge of the facility.	218

(D)(1) The board shall issue a license to operate a crematory	219
facility only for the address at which the crematory facility is	220
located and operated. The license shall be displayed in a	221
conspicuous place within the crematory facility.	222

(2) The crematory facility shall be adequately equipped and	223
maintained in a clean and sanitary manner. ~~The crematory shall~~	224
~~contain only the articles, facilities, and instruments necessary~~	225
~~for carrying out the business of the crematory. The crematory~~	226
~~shall contain a separate area for the performance of cremation and~~	227
~~pulverization of dead human bodies, human body parts, and animals.~~	228
The crematory facility may be located in a funeral home, embalming	229
facility, cemetery building, or other building in which the	230
crematory facility may lawfully operate. If a crematory facility	231
engages in the cremation of animals, the crematory facility shall	232
cremate animals in a cremation chamber that also is not used to	233
cremate dead human bodies or human body parts and shall not	234
cremate animals in a cremation chamber used for the cremation of	235
dead human bodies and human body parts. Cremation chambers that	236
are used for the cremation of dead human bodies or human body	237
parts and cremation chambers used for the cremation of animals may	238
be located in the same area.	239

(3) A license to operate a crematory facility shall be issued	240
to athe person actually in charge of the crematory facility. This	241
section does not require the individual who is actually in charge	242
of the crematory facility to be an embalmer or funeral director	243
licensed under this chapter.	244

(4) Nothing in this section or rules adopted under section	245
4717.04 of the Revised Code precludes the establishment and	246
operation of a crematory facility on or adjacent to the property	247
on which a cemetery, funeral home, or embalming facility is	248
located.	249

Sec. 4717.10. (A) The board of embalmers and funeral	250
directors may recognize licenses issued to embalmers and funeral	251
directors by other states, and upon presentation of such licenses,	252
may issue to the holder an embalmer's or funeral director's	253
license under this chapter. The board shall charge the same fee as	254
prescribed in section 4717.07 of the Revised Code to issue or	255
renew such an embalmer's or funeral director's license. Such	256
licenses shall be renewed annually as provided in section 4717.08	257
of the Revised Code. The board shall not issue a license to any	258
person under this section unless the applicant proves that the	259
applicant, in the state in which the applicant is licensed, has	260
complied with requirements substantially equal to those	261
established in section 4717.05 of the Revised Code.	262

(B) The board of embalmers and funeral directors may issue	263
courtesy cards. A courtesy cardholder shall be authorized to	264
undertake both the following acts in this state:	265

(1) Prepare and complete those sections of a death	266
certificate and other permits needed for disposition of deceased	267
human remains in this state and sign and file such death	268
certificates and permits;	269

(2) Supervise and conduct funeral ceremonies and interments	270
in this state.	271

(C) The board of embalmers and funeral directors may	272
determine under what conditions a courtesy card may be issued to	273
funeral directors in bordering states after taking into account	274
whether and under what conditions and fees such border states	275
issue similar courtesy cards to funeral directors licensed in this	276
state. Applicants for courtesy cards shall apply on forms	277
prescribed by the board, pay an annual fee set by the board for	278
initial applications and renewals, and adhere to such other	279
requirements imposed by the board on courtesy cardholders.	280

(D) No courtesy cardholder shall be authorized to undertake	281
any of the following activities in this state:	282

(1) Arranging funerals or disposition services with members	283
of the public in this state;	284

(2) Be employed by or under contract to a funeral home	285
licensed in this state to perform funeral services in this state;	286

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

287

(4) Enter into or execute funeral or disposition contracts in	288
this state;	289

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

290

(6) Arrange for or carry out the disinterment of human	291
remains in this state.	292

(E) As used in this section, "courtesy card" means a special	293
permit that may be issued to a funeral director licensed in a	294
state that borders this state and who does not hold a funeral	295
director's license under this chapter.	296

Sec. 4717.11. (A) A person who is licensed to operate a	297
funeral home shall obtain a new license upon any change in	298
location of the funeral home or any change in ownership of the	299
funeral business that owns the funeral home that results in a	300
majority of the ownership of the funeral business being held by	301
one or more persons who solely or in combination with others did	302
not own a majority of the funeral business immediately prior to	303
the change in ownership. The person licensed to operate the	304
funeral home shall surrender the current license to the board	305
within thirty days after any such change occurs. If a funeral home	306
is sold, the new ~~owner~~funeral director who will be actually in	307
charge and ultimately responsible for the funeral home shall apply	308
for a license within thirty days after the date of the closing of	309
the purchase of the funeral home. Upon the filing of an	310
application for a funeral home license by a licensed funeral	311
director, the funeral home may continue to operate until the board	312
denies the funeral home's application.	313

(B) When the funeral director who is licensed to operate a	314
funeral home ~~dies or otherwise~~ ceases to operate the home because	315
of death, resignation, employment termination, sale of the funeral	316
home, or any other reason, the funeral home may continue to	317
operate under that person's name, provided that the name of the	318
new person licensed to operate the funeral home is added to the	319
license within twenty-four months after the previous license	320
holder dies or otherwise ceases to operate the funeral home. The	321
new licensee shall meet the requirements of section 4717.06 of the	322
Revised Code.	323

(C) A person who is licensed to operate an embalming facility	324
shall obtain a new license upon any change in location of the	325
embalming facility or any change in ownership of the business	326
entity that owns the embalming facility that results in a majority	327
of the ownership of the business entity being held by one or more	328
persons who solely or in combination with others did not own a	329
majority of the business entity immediately prior to the change in	330
ownership. The person licensed to operate the facility shall	331
surrender the current license to the board within thirty days	332
after any such change occurs.	333

(D) A person who is licensed to operate a crematory facility	334
shall obtain a new license upon any change in location of the	335
crematory facility or any change in ownership of the business	336
entity operating the facility that results in a majority of the	337
ownership of the business entity being held by one or more persons	338
who solely or in combination with others did not own a majority of	339
the business entity immediately prior to the change in ownership.	340
The person licensed to operate the crematory facility shall	341
surrender the current license to the board within thirty days	342
after any such change occurs.	343

Sec. 4717.12. (A) The following persons are exempt from the	344
provisions of this chapter:	345

(1) An officer or employee of the department of health or any	346
board of health, who, in compliance with rules or orders of the	347
department of health or board of health, is preparing the body of	348
a person whose death was caused by a virulent communicable	349
disease;	350

(2) An officer, employee, or licensed physician of a medical	351
college, when any of these are acting on behalf of a medical	352
college;	353

(3) Any person carrying out sections 1713.34 to 1713.39 of	354
the Revised Code, prescribing the conditions under which the	355
bodies of indigent persons are held subject for anatomical study;	356

(4) Any person licensed in another state as a funeral	357
director or embalmer who is assisting a funeral director or	358
embalmer licensed under this chapter during a disaster or an	359
emergency in the state that has been declared by this state or a	360
political subdivision.	361

(B) This chapter does not prevent or interfere with any of	362
the following:	363

(1) The ceremonies, customs, religious rights, or religion of	364
any people, denomination, or sect;	365

(2) Any religious denomination or sect, or any body composed	366
of members of a denomination;	367

(3) Any church or synagogue committee in preparing dead human	368
bodies for burial;	369

(4) The conducting of funerals and the burial of dead human	370
bodies in accordance with the ceremonies or rights described in	371
division (B) of this section without the use, employment, or	372
supervision of a licensed embalmer or funeral director, except	373
when the body is that of a person whose death was caused by a	374
virulent communicable disease, in which case the rules of the	375
department of health or board of health having territorial	376
jurisdiction shall apply.	377

Sec. 4717.21. (A) Any person, on an antemortem basis, may	378
serve as the person's own authorizing agent, authorize the	379
person's own cremation, and specify the arrangements for the final	380
disposition of the person's own cremated remains by executing an	381
antemortem cremation authorization form. A guardian, custodian, or	382
other personal representative who is authorized by law or contract	383
to do so on behalf of a person, on an antemortem basis, may	384
authorize the cremation of the person and specify the arrangements	385
for the final disposition of the person's cremated remains by	386
executing an antemortem cremation authorization form on the	387
person's behalf. Any such antemortem cremation authorization form	388
also shall be signed by one witness. The original copy of the	389
executed authorization form shall be sent to the operator of the	390
crematory facility being authorized to conduct the cremation, and	391
a copy shall be retained by the person who executed the	392
authorization form. The person who executed an antemortem	393
cremation authorization form may revoke the authorization at any	394
time by providing written notice of the revocation to the operator	395
of the crematory facility named in the authorization form. The	396
person who executed the authorization form may transfer the	397
authorization to another crematory facility by providing written	398
notice to the operator of the crematory facility named in the	399
original authorization of the revocation of the authorization and,	400
in accordance with this division, executing a new antemortem	401
cremation authorization form authorizing the operator of another	402
crematory facility to conduct the cremation.	403

(B)(1) Each antemortem cremation authorization form shall	404
specify the final disposition that is to be made of the cremated	405
remains.	406

(2) Every antemortem cremation authorization form entered	407
into on or after the effective date of this amendment shall	408
specify the final disposition that is to be made of the remains	409
and shall include a provision in substantially the following form:	410

NOTICE: Upon the death of the person who is the subject of	411
this antemortem cremation authorization, the person holding the	412
right of disposition under section 2108.70 or 2108.81 of the	413
Revised Code may cancel the cremation arrangements, modify the	414
arrangements for the final disposition of the cremated remains, or	415
make alternative arrangements for the final disposition of the	416
decedent's body. However, the person executing this antemortem	417
cremation authorization is encouraged to state his or her	418
preferences as to the manner of final disposition in a declaration	419
of the right of disposition pursuant to section 2108.72 of the	420
Revised Code, including that the arrangements set forth in this	421
form shall be followed.	422

(C)(1) Except as provided in division (C)(2) of this section,	423
when the operator of a crematory facility is in possession of a	424
cremation authorization form that has been executed on an	425
antemortem basis in accordance with this section, the other	426
conditions set forth in division (A) of section 4717.23 of the	427
Revised Code have been met, the crematory facility has possession	428
of the decedent to which the antemortem authorization pertains,	429
and the crematory facility has received payment for the cremation	430
of the decedent and the final disposition of the cremated remains	431
of the decedent or is otherwise assured of payment for those	432
services, the crematory facility shall cremate the decedent as	433
directed and dispose of the cremated remains in accordance with	434
the instructions contained in the antemortem cremation	435
authorization form.	436

(2) A person with the right of disposition for a decedent	437
under section 2108.70 or 2108.81 of the Revised Code who is not	438
disqualified under section 2108.75 of the Revised Code may cancel	439
the arrangements for the decedent's cremation, modify the	440
arrangements for the final disposition of the decedent's cremated	441
remains, or make alternative arrangements for the final	442
disposition of the decedent's body. If a person with the right	443
takes any such action, the operator shall disregard the	444
instructions contained in the antemortem cremation authorization	445
form and follow the instructions of the person with the right.	446

(D) An antemortem cremation authorization form executed under	447
division (A) of this section does not constitute a contract for	448
conducting the cremation of the person named in the authorization	449
form or for the final disposition of the person's cremated	450
remains. Despite the existence of such an antemortem cremation	451
authorization, a person ~~identified under division (A) of section~~	452
~~4717.22 of the Revised Code as being entitled to act as the~~	453
~~authorizing agent~~with the right of disposition for ~~the cremation~~	454
~~of the~~a decedent ~~named in the antemortem authorization, in the~~	455
~~descending order of priority in which they are listed,~~under	456
section 2108.70 or 2108.81 of the Revised Code may modify, in	457
writing, the arrangements for the final disposition of the	458
cremated remains of the decedent set forth in the authorization	459
form or may cancel the cremation and claim the decedent's body for	460
purposes of making alternative arrangements for the final	461
disposition of the decedent's body. The revocation of an	462
antemortem cremation authorization form executed under division	463
(A) of this section, or the cancellation of the cremation of the	464
person named in the antemortem authorization or modification of	465
the arrangements for the final disposition of the person's	466
cremated remains as authorized by this division, does not affect	467
the validity or enforceability of any contract entered into for	468
the cremation of the person named in the antemortem authorization	469
or for the final disposition of the person's cremated remains.	470

(E) Nothing in this section applies to any antemortem	471
cremation authorization form executed prior to the effective date	472
of this section. Any cemetery, funeral home, crematory facility,	473
or other party may specify, with the written approval of the	474
person who executed the antemortem authorization, that such an	475
antemortem authorization is subject to sections 4717.21 to 4717.30	476
of the Revised Code.	477

Sec. 4717.24. (A) A cremation authorization form authorizing	478
the cremation of a dead human body, other than one that was	479
donated to science for purposes of medical education or research,	480
shall include at least all of the following information and	481
statements:	482

(1) ~~The identity of~~A statement that the decedent has been	483
identified in accordance with division (B) of this section;	484

(2) The name of the funeral director or other individual who	485
obtained the burial or burial-transit permit authorizing the	486
cremation of the decedent;	487

(3) The name of the authorizing agent and the relationship of	488
the authorizing agent to the decedent;	489

(4) A statement that the authorizing agent in fact has the	490
right to authorize cremation of the decedent and that the	491
authorizing agent does not have actual knowledge of the existence	492
of any living person who has a superior priority right to act as	493
the authorizing agent under section 4717.22 of the Revised Code.	494
If the person executing the cremation authorization form knows of	495
another living person who has such a superior priority right, the	496
authorization form shall include a statement indicating that the	497
person executing the authorization form has made reasonable	498
efforts to contact the person having the superior priority right	499
and has been unable to do so and that the person executing the	500
authorization form has no reason to believe that the person having	501
the superior priority right would object to the cremation of the	502
decedent.	503

(5) A statement of whether the authorizing agent has actual	504
knowledge of the presence in the decedent of a pacemaker,	505
defibrillator, or any other mechanical or radioactive device or	506
implant that poses a hazard to the health or safety of personnel	507
performing the cremation;	508

(6) A statement indicating the crematory facility is to	509
cremate the casket or alternative container in which the decedent	510
was delivered to or accepted by the crematory facility;	511

(7) A statement of whether the crematory facility is	512
authorized to simultaneously cremate the decedent in the same	513
cremation chamber with one or more other decedents who were	514
related to the decedent named in the cremation authorization form	515
by consanguinity or affinity or who, at any time during the	516
one-year period preceding the decedent's death, lived with the	517
decedent in a common law marital relationship or otherwise	518
cohabited with the decedent. A cremation authorization form	519
executed under this section shall not authorize the simultaneous	520
cremation of a decedent in the same cremation chamber with one or	521
more other decedents except under the circumstances described in	522
the immediately preceding sentence.	523

(8) The names of any persons designated by the authorizing	524
agent to be present in the holding facility or cremation room	525
prior to or during the cremation of the decedent or during the	526
removal of the cremated remains from the cremation chamber;	527

(9) The authorization for the crematory facility to cremate	528
the decedent and to process or pulverize the cremated remains as	529
is the practice at the particular crematory facility;	530

(10) A statement of whether it is the crematory facility's	531
practice to return all of the residue removed from the cremation	532
chamber following the cremation or to separate and remove foreign	533
matter from the residue before returning the cremated remains to	534
the authorizing agent or the person designated on the	535
authorization form to receive the cremated remains pursuant to	536
division (A)(11) of this section;	537

(11) The name of the person who is to receive the cremated	538
remains of the decedent from the crematory facility;	539

(12) The manner in which the final disposition of the	540
cremated remains of the decedent is to occur, if known. If the	541
cremation authorization form does not specify the manner of the	542
final disposition of the cremated remains, it shall indicate that	543
the cremated remains will be held by the crematory facility for	544
thirty days after the cremation, unless, prior to the end of that	545
period, they are picked up from the crematory facility by the	546
person designated on the cremation authorization form to receive	547
them, the authorizing agent, or, if applicable, the funeral	548
director who obtained the burial or burial-transit permit for the	549
decedent, or are delivered or shipped by the operator of the	550
crematory facility to one of those persons. The authorization form	551
shall indicate that if no instructions for the final disposition	552
are provided on the authorization form and that if no arrangements	553
for final disposition have been made within the thirty-day period,	554
the crematory facility may return the cremated remains to the	555
authorizing agent. The authorization form shall further indicate	556
that if no arrangements for the final disposition of the cremated	557
remains have been made within sixty days after the completion of	558
the cremation and if the authorizing agent has not picked them up	559
or caused them to be picked up within that period, the operator	560
may dispose of them in accordance with division (C) of section	561
4717.27 of the Revised Code.	562

(13) A listing of the items of value to be delivered to the	563
crematory facility along with the dead human body, if any, and	564
instructions regarding how those items are to be handled;	565

(14) A statement of whether the authorizing agent has made	566
arrangements for any type of viewing of the decedent or for a	567
service with the decedent present prior to the cremation and, if	568
so, the date, time, and place of the service;	569

(15) A statement of whether the crematory facility may	570
proceed with the cremation at any time after the conditions set	571
forth in division (A) of section 4717.23 of the Revised Code have	572
been met and the decedent has been received at the facility;	573

(16) The certification of the authorizing agent to the effect	574
that all of the information and statements contained in the	575
authorization form are accurate;	576

(17) The signature of ~~a funeral director licensed under this~~	577
~~chapter, or another individual, as a witness. If a licensed~~	578
~~funeral director signs the authorization form as a witness, the~~	579
~~funeral director is responsible for verifying the accuracy of the~~	580
~~information and statements required under divisions (A)(1) and (2)~~	581
~~of this section, but is not responsible for verifying the accuracy~~	582
~~of any of the other information or statements provided on the~~	583
~~authorization form by the authorizing agent, unless the funeral~~	584
~~director has actual knowledge to the contrary regarding any of the~~	585
~~other information or statements. In addition, at the time the~~	586
~~decedent is delivered to the crematory facility, the funeral~~	587
~~director shall certify that the dead human body delivered to the~~	588
~~crematory facility is that of the decedent identified on the~~	589
~~authorization form and shall certify that the responsibility~~	590
~~imposed on the funeral director by division (B) of section 4717.29~~	591
~~of the Revised Code has been carried out. If an individual other~~	592
~~than a licensed funeral director signs the authorization form as a~~	593
~~witness, the individual is not responsible for the accuracy of any~~	594
~~of the information or statements provided on the authorization~~	595
~~form, unless the individual has actual knowledge to the contrary~~	596
~~regarding any of the information or statements provided by~~ the	597
authorizing agent and the signature of at least one witness who	598
observed the authorizing agent execute the cremation authorization	599
form.	600

(B) In making the identification of the decedent required by	601
division (A)(1) of this section, the funeral home arranging the	602
cremation shall require the authorizing agent or the agent's	603
appointed representative to visually identify the decedent's	604
remains or a photograph or other visual image of the remains. If	605
identification is by photograph or other visual image, the	606
authorizing agent or representative shall sign the photograph or	607
other visual image. If visual identification is not feasible,	608
other positive identification of the decedent may be used	609
including, but not limited to, reliance upon an identification	610
made through the coroner's office or identification of photographs	611
or other visual images of scars, tattoos, or physical deformities	612
taken from the decedent's remains.	613

(C) An authorizing agent who is not available to execute a	614
cremation authorization form in person may designate another	615
individual to serve as the authorizing agent by providing to the	616
operator of the crematory facility where the cremation is to occur	617
a written designation, acknowledged before a notary public or	618
other person authorized to administer oaths, authorizing that	619
other individual to serve as the authorizing agent, or by sending	620
to the operator a facsimile transmission of the written	621
designation that has been so acknowledged. Any such written	622
designation shall contain the name of the decedent, the name and	623
address of the authorizing agent, the relationship of the	624
authorizing agent to the decedent, and the name and address of the	625
individual who is being designated to serve as the authorizing	626
agent. Upon receiving such a written designation or a facsimile	627
transmission of such a written designation, the operator shall	628
permit the individual named in the written designation to serve as	629
the authorizing agent and to execute the cremation authorization	630
form authorizing the cremation of the decedent named in the	631
written designation.	632

~~(C)~~(D) An authorizing agent who signs a cremation	633
authorization form under this section is hereby deemed to warrant	634
the accuracy of the information and statements contained in ~~the~~	635
such authorization form, including the ~~person's~~identification of	636
the decedent and the agent's authority to authorize the cremation.	637
A funeral home and its employees are not responsible for verifying	638
the accuracy of any information or statements the authorizing	639
agent made on the authorization form, unless the funeral home or	640
its employees have actual knowledge to the contrary regarding any	641
such information or statement. When delivering the decedent's	642
remains to a crematory facility or in carrying out the disposition	643
in its own facility, the funeral home is responsible for having	644
the decedent identified pursuant to division (B) of this section	645
and carrying out the obligations imposed on the funeral home by	646
division (B) of section 4717.29 of the Revised Code.	647

~~(D)~~(E) At any time after executing a cremation authorization	648
form and prior to the beginning of the cremation process, the	649
authorizing agent who executed the cremation authorization form	650
under division (A) or ~~(B)~~(C) of this section may, in writing,	651
modify the arrangements for the final disposition of the cremated	652
remains of the decedent set forth in the authorization form or	653
may, in writing, revoke the authorization, cancel the cremation,	654
and claim the decedent's body for purposes of making alternative	655
arrangements for the final disposition of the decedent's body. The	656
operator of a crematory facility shall cancel the cremation if the	657
operator receives such a revocation before beginning the	658
cremation.	659

~~(E)~~(F) A cremation authorization form executed under this	660
section does not constitute a contract for conducting the	661
cremation of the decedent named in the authorization form or for	662
the final disposition of the cremated remains of the decedent. The	663
revocation of a cremation authorization form or modification of	664
the arrangements for the final disposition of the cremated remains	665
of the decedent pursuant to division ~~(D)~~(E) of this section does	666
not affect the validity or enforceability of any contract for the	667
cremation of the decedent named in the authorization form or for	668
the final disposition of the cremated remains of the decedent.	669

Sec. 4717.30. (A) The operator of a crematory facility or a	670
funeral director is not liable in damages in a civil action for	671
any of the following actions or omissions, unless the actions or	672
omissions were made with malicious purpose, in bad faith, or in a	673
wanton or reckless manner or unless any of the conditions set	674
forth in divisions (B)(1) to (3) of this section apply:	675

(1)(a) For having arranged or performed the cremation of the	676
decedent, or having released or disposed of the cremated remains,	677
in accordance with the instructions set forth in the cremation	678
authorization form executed by the decedent on an antemortem basis	679
under section 4717.21 of the Revised Code;	680

(b) ~~Having~~For having arranged or performed the cremation of	681
the decedent or body parts removed from the decedent or living	682
person or having released or disposed of the cremated remains in	683
accordance with the instructions set forth in a cremation	684
authorization form executed ~~in person~~ by the person authorized to	685
serve as the authorizing agent for the cremation of the decedent	686
or for the cremation of body parts of the decedent or living	687
person, named in the cremation authorization form executed under	688
section 4717.24 or 4717.25 of the Revised Code.	689

(2) ~~Having~~For having arranged or performed the cremation of	690
the decedent, or having released or disposed of the cremated	691
remains, in accordance with the instructions set forth in the	692
cremation authorization form executed by a designated agent under	693
division ~~(B)~~(C) of section 4717.24 of the Revised Code.	694

(B) The operator of a crematory facility is not liable in	695
damages in a civil action for refusing to accept a dead human body	696
or body parts or to perform a cremation under any of the following	697
circumstances, unless the refusal was made with malicious purpose,	698
in bad faith, or in a wanton or reckless manner:	699

(1) The operator has actual knowledge that there is a dispute	700
regarding the cremation of the decedent or body parts, until such	701
time as the operator receives an order of the probate court of	702
~~common pleas~~ having jurisdiction ordering the cremation of the	703
decedent or body parts or until the operator receives from the	704
parties to the dispute a copy of a written agreement resolving the	705
dispute and authorizing the cremation to be performed.	706

(2) The operator has a reasonable basis for questioning the	707
accuracy of any of the information or statements contained in a	708
cremation authorization form executed under section 4717.21,	709
4717.24, or 4717.25 of the Revised Code, as applicable, that	710
authorizes the cremation of the decedent or body parts.	711

(3) The operator has any other lawful reason for refusing to	712
accept the dead human body or body parts or to perform the	713
cremation.	714

(C) The operator of a crematory facility or a funeral	715
director is not liable in damages in a civil action for refusing	716
to release or dispose of the cremated remains of a decedent or	717
body parts when the operator or funeral director has actual	718
knowledge that there is a dispute regarding the release or final	719
disposition of the cremated remains in connection with any damages	720
sustained, prior to the time the operator or funeral director	721
receives an order of the probate court ~~of common pleas~~ having	722
jurisdiction ordering the release or final disposition of the	723
cremated remains, or prior to the time the ~~facility~~operator or	724
funeral director receives from the parties to the dispute a copy	725
of a written agreement resolving the dispute and authorizing the	726
cremation to be performed.	727

(D) The operator of a crematory facility is not liable in	728
damages in a civil action in connection with the cremation of, or	729
disposition of the cremated remains of, any dental gold, jewelry,	730
or other items of value delivered to the facility with a dead	731
human body or body parts, unless either or both of the following	732
apply:	733

(1) The cremation authorization form authorizing the	734
cremation of the decedent or body parts executed under section	735
4717.21, 4717.24, or 4717.25 of the Revised Code, as applicable,	736
contains specific instructions for the removal or recovery and	737
disposition of any such dental gold, jewelry, or other items of	738
value prior to ~~or after~~ the cremation, and the operator has failed	739
to comply with the written instructions.	740

(2) The actions or omissions of the operator were made with	741
malicious purpose, in bad faith, or in a wanton or reckless	742
manner.	743

(E)(1) This section does not create a new cause of action	744
against or substantive legal right against the operator of a	745
crematory facility or a funeral director.	746

(2) This section does not affect any immunities from civil	747
liability or defenses established by another section of the	748
Revised Code or available at common law to which the operator of a	749
crematory or a funeral director may be entitled under	750
circumstances not covered by this section.	751

Section 2. That existing sections 4717.05, 4717.06, 4717.10,	752
4717.11, 4717.12, 4717.21, 4717.24, and 4717.30 of the Revised	753
Code are hereby repealed.	754