130th Ohio General Assembly
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H. B. No. 481  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 481


Representative Hackett 

Cosponsors: Representatives Beck, Grossman, Boose, Wachtmann, Henne, Slaby 



A BILL
To amend sections 9.15, 313.12, 759.01, 1713.36, 1721.06, 1721.18, 1721.21, 2108.15, 2108.70, 2108.72, 2108.75, 2108.82, 2108.83, 2108.84, 2108.85, 2108.86, 2108.87, 2111.13, 2743.51, 2925.01, 3705.01, 3705.17, 3705.18, 3705.19, 3705.20, 3707.19, 4511.451, 4717.01, 4717.04, 4717.05, 4717.06, 4717.07, 4717.08, 4717.10, 4717.11, 4717.12, 4717.13, 4717.14, 4717.20, 4717.21, 4717.22, 4717.23, 4717.24, 4717.25, 4717.26, 4717.27, 4717.28, 4717.30, 5120.45, 5121.11, 5121.53, 5901.24, 5901.25, 5901.26, 5901.27, 5901.29, and 5901.32 of the Revised Code to authorize the Board of Embalmers and Funeral Directors to license and regulate alkaline hydrolysis facilities and 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 9.15, 313.12, 759.01, 1713.36, 1721.06, 1721.18, 1721.21, 2108.15, 2108.70, 2108.72, 2108.75, 2108.82, 2108.83, 2108.84, 2108.85, 2108.86, 2108.87, 2111.13, 2743.51, 2925.01, 3705.01, 3705.17, 3705.18, 3705.19, 3705.20, 3707.19, 4511.451, 4717.01, 4717.04, 4717.05, 4717.06, 4717.07, 4717.08, 4717.10, 4717.11, 4717.12, 4717.13, 4717.14, 4717.20, 4717.21, 4717.22, 4717.23, 4717.24, 4717.25, 4717.26, 4717.27, 4717.28, 4717.30, 5120.45, 5121.11, 5121.53, 5901.24, 5901.25, 5901.26, 5901.27, 5901.29, and 5901.32 of the Revised Code be amended to read as follows:
Sec. 9.15.  When the body of a dead person is found in a township or municipal corporation, and such person was not an inmate of a correctional, benevolent, or charitable institution of this state, and the body is not claimed by any person for private interment or cremation at the person's own expense, or delivered for the purpose of medical or surgical study or dissection in accordance with section 1713.34 of the Revised Code, it shall be disposed of as follows:
(A) If the person was a legal resident of the county, the proper officers of the township or municipal corporation in which the person's body was found shall cause it to be buried, hydrolyzed, or cremated at the expense of the township or municipal corporation in which the person had a legal residence at the time of death.
(B) If the person had a legal residence in any other county of the state at the time of death, the superintendent of the county home of the county in which such body was found shall cause it to be buried, hydrolyzed, or cremated at the expense of the township or municipal corporation in which the person had a legal residence at the time of death.
(C) If the person was an inmate of a correctional institution of the county or a patient or resident of a benevolent institution of the county, the person had no legal residence in the state, or the person's legal residence is unknown, the superintendent shall cause the person to be buried, hydrolyzed, or cremated at the expense of the county.
Such officials shall provide, at the grave of the person or, if the person's cremated or hydrolyzed remains are buried, at the grave of the person's cremated remains, a stone or concrete marker on which the person's name and age, if known, and date of death shall be inscribed.
A political subdivision is not relieved of its duty to bury, hydrolyze, or cremate a person at its expense under this section when the body is claimed by an indigent person.
Sec. 313.12. (A) When any person dies as a result of criminal or other violent means, by casualty, by suicide, or in any suspicious or unusual manner, when any person, including a child under two years of age, dies suddenly when in apparent good health, or when any mentally retarded person or developmentally disabled person dies regardless of the circumstances, the physician called in attendance, or any member of an ambulance service, emergency squad, or law enforcement agency who obtains knowledge thereof arising from the person's duties, shall immediately notify the office of the coroner of the known facts concerning the time, place, manner, and circumstances of the death, and any other information that is required pursuant to sections 313.01 to 313.22 of the Revised Code. In such cases, if a request is made for cremation or hydrolysis, the funeral director called in attendance shall immediately notify the coroner.
(B) As used in this section, "mentally retarded person" and "developmentally disabled person" have the same meanings as in section 5123.01 of the Revised Code.
Sec. 759.01.  Any municipal corporation may provide public cemeteries and crematories for burial or incineration of the dead and regulate public and private cemeteries and crematories crematory or hydrolysis facility. Any cemetery established by a municipal corporation shall register with the division of real estate in the department of commerce pursuant to section 4767.03 of the Revised Code. Any cemetery of that nature is subject to Chapter 4767. and to sections 517.23 to 517.25 and 1721.211 of the Revised Code in addition to being subject to this chapter.
Sec. 1713.36.  After the bodies referred to in section 1713.34 of the Revised Code have been subjected to medical or surgical examination or dissection or for the study of embalming, the remains thereof shall be interred, or shall be cremated or hydrolyzed and the ashes remains interred, in some suitable place at the expense of the parties in whose keeping the corpse was placed.
Sec. 1721.06.  After paying for its land, a cemetery company or association shall apply all its receipts and income, whether from sale of lots, from donations, or otherwise, exclusively to laying out, preserving, protecting, and embellishing the cemetery and avenues within it or leading to it, to the erection of buildings necessary or appropriate for cemetery purposes, and to paying the necessary expenses of the cemetery company or association. No debts shall be incurred by the cemetery company or association except for purchasing, laying out, inclosing, and embellishing the ground, buildings necessary or appropriate for cemetery purposes, and avenues, for which purposes it may contract debts to be paid out of future receipts. For purposes of this section, buildings appropriate for cemetery purposes include, but are not limited to, buildings for crematory or hydrolysis facilities, funeral homes, and other buildings intended to produce income for the cemetery company or association.
No part of the funds of a cemetery company or association, or of the proceeds of land sold by it, shall ever be divided among its stockholders or lot owners, and all its funds shall be used exclusively for the purposes of the company or association as specified in this section, or invested in a fund the income of which shall be so used and appropriated.
Sec. 1721.18.  Any company or association incorporated for the erection and maintenance of a crematory or hydrolysis facility may exercise all the rights and powers conferred by sections 1721.01 to 1721.18, inclusive, of the Revised Code, subject to the conditions provided in such sections. No building shall be erected for such a purpose within two hundred yards of a dwelling house unless the owner of the dwelling house gives his the owner's consent. No person, company, association, or firm shall establish a morgue on a street upon which there are dwelling houses unless the owners or occupants of all dwelling houses within two hundred yards of the proposed morgue give their written consent thereto. This section does not apply to a crematory or hydrolysis facility built, or a morgue established, as of on or before April 3, 1900.
Sec. 1721.21.  (A) As used in this section:
(1) "Person" means any corporation, company, partnership, individual, or other entity owning or operating a cemetery for the disposition of human remains.
(2) "Cemetery" means any one or a combination of more than one of the following:
(a) A burial ground for earth interments;
(b) A mausoleum for crypt entombments;
(c) A columbarium for the deposit of cremated or hydrolyzed remains;
(d) A scattering ground for the spreading of cremated or hydrolyzed remains.
(3) "Interment" means the disposition of human remains by earth burial, entombment, or inurnment.
(4) "Burial right" means the right of earth interment.
(5) "Entombment right" means the right of entombment in a mausoleum.
(6) "Columbarium right" means the right of inurnment in a columbarium for cremated or hydrolyzed remains.
(B) No person shall operate or continue to operate any cemetery in this state unless an endowment care trust is established and maintained as required by this section.
(C) Any person desiring to operate any cemetery that is organized or developed after July 1, 1970, before offering to sell or selling any burial lot, burial right, entombment right, or columbarium right in that cemetery, shall first establish an endowment care trust, segregated from other assets, and place in that fund a minimum of fifty thousand dollars in cash or in bonds of the United States, this state, or any county or municipal corporation of this state.
Whenever any person described in this division has placed another fifty thousand dollars in the endowment care trust out of gross sales proceeds, in addition to the deposit required by this division, that person, after submitting proof of this fact to the trustees of the endowment care trust, may be paid a distribution in the sum of fifty thousand dollars from the endowment care trust.
(D) Any person desiring to operate or to continue to operate any cemetery after July 1, 1970, shall place into the endowment care trust as required by this section not less than ten per cent of the gross sales proceeds received from the sale of any burial lot, burial right, entombment right, or columbarium right. This percentage shall be placed in the endowment care trust no later than thirty days following the month in which the entire gross sales are received.
(E) The trustees of the endowment care trust shall consist of at least three individuals who have been residents of the county in which the cemetery is located for at least one year, or a trust company licensed under Chapter 1111. of the Revised Code or a national bank or federal savings association that has securities pledged in accordance with section 1111.04 of the Revised Code. If the trustees are not a financial institution or trust company, the trustees shall be bonded by a corporate surety or fidelity bond in an aggregate amount of not less than one hundred per cent of the funds held by the trustees. The trustees or their agent shall, on a continuous basis, keep exact records as to the amount of funds under any joint account or trust instrument being held for the individual beneficiaries showing the amount paid, the amount deposited and invested, and accruals and income.
The funds of the endowment care trust shall be held and invested in the manner in which trust funds are permitted to be held and invested pursuant to sections 2109.37 and 2109.371 of the Revised Code.
(F) Any person offering to sell or selling any burial lot, burial right, entombment right, or columbarium right shall give to the purchaser of the lot or right, at the time of sale, a written agreement that identifies and unconditionally guarantees to the purchaser the specific location of the lot or the specific location to which the right applies.
(G) No person shall open or close any grave, crypt, or niche for the interment of human remains in a cemetery without the permission of the cemetery association or other entity having control and management of the cemetery.
(H) Except as provided in division (G) of this section, this section does not apply to a family cemetery as defined in section 4767.02 of the Revised Code, to any cemetery that is owned and operated entirely and exclusively by churches, religious societies, established fraternal organizations, municipal corporations, or other political subdivisions of the state, or to a national cemetery.
(I) The dividend and interest income from the endowment care trust shall be used only for the cost and expenses incurred to establish, manage, and administer the trust and for the maintenance, supervision, improvement, and preservation of the grounds, lots, buildings, equipment, statuary, and other real and personal property of the cemetery.
(J)(1) Annual reports of all the assets and investments of the endowment care trust shall be prepared and maintained, and shall be available for inspection at reasonable times by any owner of interment rights in the cemetery.
(2) Every cemetery required to establish and maintain an endowment care trust shall file an affidavit annually with the division of real estate of the department of commerce, in a form prescribed by the division, certifying under oath each of the following:
(a) That the cemetery has deposited, at the time specified in division (D) of this section, the amounts required by that division in the cemetery's endowment care trust;
(b) That only dividend and interest income have been paid from the endowment care trust, and the cemetery used the amounts withdrawn only for the purposes specified in division (I) of this section;
(c) That all principal and capital gains have remained in the endowment care trust;
(d) That the endowment care trust has not been used to collateralize or guarantee loans and has not otherwise been subjected to any consensual lien;
(e) That the endowment care trust is invested in compliance with the investing standards set forth in sections 2109.37 and 2109.371 of the Revised Code.
Sec. 2108.15.  Subject to division (I) of section 2108.11 and sections 2108.26 to 2108.272 of the Revised Code, the rights of the person to which a part passes under section 2108.11 of the Revised Code shall be superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part.
Subject to the terms of the document of gift and sections 2108.01 to 2108.29 of the Revised Code, a person that accepts an anatomical gift of an entire body may allow embalming, burial, hydrolysis, or cremation, and use of remains in a funeral service. If the gift is of a part, the person to whom the part passes under section 2108.11 of the Revised Code, upon the death of the donor and before embalming, burial, hydrolysis, or cremation, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the decedent's body passes to the persons to whom the right of disposition for the body has been assigned pursuant to section 2108.70 of the Revised Code or who have the right of disposition for the body as described in section 2108.81 of the Revised Code.
Sec. 2108.70.  (A) As used in this section and sections 2108.71 to 2108.90 of the Revised Code:
(1) "Adult" means an individual who is eighteen years of age or older.
(2) "Declarant" means an adult who has executed a written declaration described in division (B) of this section.
(3) "Representative" means an adult or a group of adults, collectively, to whom a declarant has assigned the right of disposition.
(4) "Right of disposition" means one or more of the rights described in division (B) of this section that a declarant chooses to assign to a representative in a written declaration executed under that division or all of the rights described in division (B) of this section that are assigned to a person pursuant to section 2108.81 of the Revised Code.
(5) "Successor representative" means an adult or group of adults, collectively, to whom the right of disposition for a declarant has been reassigned because the declarant's representative is disqualified from exercising the right under section 2108.75 of the Revised Code. Each successor representative shall be considered in the order the representative is designated by the declarant.
(B) An adult who is of sound mind may execute at any time a written declaration assigning to a representative one or more of the following rights:
(1) The right to direct the disposition, after death, of the declarant's body or any part of the declarant's body that becomes separated from the body before death. This right includes the right to determine the location, manner, and conditions of the disposition of the declarant's bodily remains.
(2) The right to make arrangements and purchase goods and services for the declarant's funeral. This right includes the right to determine the location, manner, and condition of the declarant's funeral.
(3) The right to make arrangements and purchase goods and services for the declarant's burial, cremation, hydrolysis, or other manner of final disposition. This right includes the right to determine the location, manner, and condition of the declarant's burial, cremation, hydrolysis, or other manner of final disposition.
(C)(1) Subject to division (C)(2) of this section, a declarant may designate a successor representative.
(2) If a representative is a group of persons and not all of the persons in the group meet at least one criterion to be disqualified from serving as the representative, as described in section 2108.75 of the Revised Code, the persons in the group who are not disqualified shall remain the representative who has the right of disposition.
(D) The assignment or reassignment of a right of disposition to a representative and a successor representative supercedes supersedes an assignment of a right of disposition under section 2108.81 of the Revised Code.
Sec. 2108.72.  (A) The written declaration described in section 2108.70 of the Revised Code shall include all of the following:
(1) The declarant's legal name and present address;
(2) A statement that the declarant, an adult being of sound mind, willfully and voluntarily appoints a representative to have the declarant's right of disposition for the declarant's body upon the declarant's death;
(3) A statement that all decisions made by the declarant's representative with respect to the right of disposition are binding;
(4) The name, last known address, and last known telephone number of the representative or, if the representative is a group of persons, the name, last known address, and last known telephone number of each person in the group;
(5) If the declarant chooses to have a successor representative, a statement that if any person or group of persons named as the declarant's representative is disqualified from serving in such position as described in section 2108.75 of the Revised Code, the declarant appoints a successor representative;
(6) If applicable, the name, last known address, and last known telephone number of the successor representative or, if the successor representative is a group of persons, the name, last known address, and last known telephone number of each person in the group;
(7) A space where the declarant may indicate the declarant's preferences regarding how the right of disposition should be exercised, including any religious observances the declarant wishes the person with the right of disposition to consider;
(8) A space where the declarant may indicate one or more sources of funds that may be used to pay for goods and services associated with the exercise of the right of disposition;
(9) A statement that the declarant's written declaration becomes effective on the declarant's death;
(10) A statement that the declarant revokes any written declaration that the declarant executed, in accordance with section 2108.70 of the Revised Code, prior to the execution of the present written declaration;
(11) A space where the declarant can sign and date the written declaration;
(12) A space where a notary public or two witnesses can sign and date the written declaration as described in section 2108.73 of the Revised Code.
(B) A written declaration may take the following form:
APPOINTMENT OF REPRESENTATIVE FOR DISPOSITION OF BODILY REMAINS, FUNERAL ARRANGEMENTS, AND BURIAL, HYDROLYSIS, OR CREMATION GOODS AND SERVICES:
I, ................. (legal name and present address of declarant), an adult being of sound mind, willfully and voluntarily appoint my representative, named below, to have the right of disposition, as defined in section 2108.70 of the Revised Code, for my body upon my death. All decisions made by my representative with respect to the right of disposition shall be binding.
REPRESENTATIVE:
(If the representative is a group of persons, indicate the name, last known address, and telephone number of each person in the group.)
Name(s):
Address(es):
Telephone Number(s):

SUCCESSOR REPRESENTATIVE:
If my representative is disqualified from serving as my representative as described in section 2108.75 of the Revised Code, then I hereby appoint the following person or group of persons to serve as my successor representative.
(If the successor representative is a group of persons, indicate the name, last known address, and telephone number of each person in the group.)
Name(s):
Address(es):
Telephone Number(s):

PREFERENCES REGARDING HOW THE RIGHT OF DISPOSITION SHOULD BE EXERCISED, INCLUDING ANY RELIGIOUS OBSERVANCES THE DECLARANT WISHES A REPRESENTATIVE OR A SUCCESSOR REPRESENTATIVE TO CONSIDER:

ONE OR MORE SOURCES OF FUNDS THAT COULD BE USED TO PAY FOR GOODS AND SERVICES ASSOCIATED WITH AN EXERCISE OF THE RIGHT OF DISPOSITION:

DURATION:
The appointment of my representative and, if applicable, successor representative, becomes effective upon my death.
PRIOR APPOINTMENTS REVOKED:
I hereby revoke any written declaration that I executed in accordance with section 2108.70 of the Ohio Revised Code prior to the date of execution of this written declaration indicated below.
AUTHORIZATION TO ACT:
I hereby agree that any of the following that receives a copy of this written declaration may act under it:
- Cemetery organization;
- Hydrolysis facility operator;
- Crematory operator;
- Business operating a columbarium;
- Funeral director;
- Embalmer;
- Funeral home;
- Any other person asked to assist with my funeral, burial, hydrolysis, cremation, or other manner of final disposition.
MODIFICATION AND REVOCATION - WHEN EFFECTIVE:
Any modification or revocation of this written declaration is not effective as to any party until that party receives actual notice of the modification or revocation.
LIABILITY:
No person who acts in accordance with a properly executed copy of this written declaration shall be liable for damages of any kind associated with the person's reliance on this declaration.
Signed this ...... day of .......
(Signature of declarant)

ACKNOWLEDGMENT OF ASSUMPTION OF OBLIGATIONS AND COSTS:
By signing below, the representative, or successor representative, if applicable, acknowledges that he or she, as representative or successor representative, assumes the right of disposition as defined in section 2108.70 of the Revised Code, and understands that he or she is liable for the reasonable costs of exercising the right, including any goods and services that are purchased.
ACCEPTANCE (OPTIONAL):
The undersigned hereby accepts this appointment as representative or successor representative, as applicable, for the right of disposition as defined in section 2108.70 of the Revised Code.
Signed this ...... day of .......
Signature of representative (if representative is a group of persons, each person in the group shall sign)
Signed this ...... day of .......
Signature of successor representative (if successor representative is a group of persons, each person in the group shall sign)

WITNESSES:
I attest that the declarant signed or acknowledged this assignment of the right of disposition under section 2108.70 of the Revised Code in my presence and that the declarant is at least eighteen years of age and appears to be of sound mind and not under or subject to duress, fraud, or undue influence. I further attest that I am not the declarant's representative or successor representative, I am at least eighteen years of age, and I am not related to the declarant by blood, marriage, or adoption.
First witness:
Name (printed):
Residing at:
Signature:
Date:
Second witness:
Name (printed):
Residing at:
Signature:
Date:

OR
NOTARY ACKNOWLEDGMENT:
State of Ohio
County of ............. SS.
On ..............., before me, the undersigned notary public, personally appeared ................., known to me or satisfactorily proven to be the person whose name is subscribed as the declarant, and who has acknowledged that he or she executed this written declaration under section 2108.70 of the Revised Code for the purposes expressed in that section. I attest that the declarant is at least eighteen years of age and appears to be of sound mind and not under or subject to duress, fraud, or undue influence.
Signature of notary public
My commission expires on:

(C) Completion of a federal Record of Emergency Data form, DD Form 93, or its successor form, by a member of the military, is sufficient to constitute a written declaration under section 2108.70 of the Revised Code if section 13a of DD Form 93, entitled "Person Authorized to Direct Disposition," has been properly completed by the member of the military who has subsequently died while under active duty orders as described in 10 U.S.C. 1481.
Sec. 2108.75.  (A) A person shall be disqualified from serving as a representative or successor representative, or from having the right of disposition for a deceased adult pursuant to section 2108.81 of the Revised Code, if any of the following occurs:
(1) The person dies.
(2) A probate court declares or determines that the person is incompetent.
(3) The person resigns or declines to exercise the right as described in section 2108.88 of the Revised Code.
(4) The person refuses to exercise the right within two days after notification of the declarant's death.
(5) The person cannot be located with reasonable effort.
(6) The person meets the criteria described in section 2108.76 or 2108.77 of the Revised Code.
(B) No owner, employee, or agent of a funeral home, cemetery, or crematory or hydrolysis facility providing funeral, burial, or cremation, or hydrolysis services for a declarant shall serve as a representative or successor representative for the declarant unless the owner, employee, or agent is related to the declarant by blood, marriage, or adoption.
(C) Subject to divisions (C)(2) and (D)(2) of section 2108.70 of the Revised Code, if a person is disqualified from serving as the declarant's representative or successor representative, or from having the right of disposition for a deceased adult pursuant to section 2108.81 of the Revised Code, as described in division (A) of this section, the right is automatically reassigned to, and vests in, the next person who has the right pursuant to the declarant's written declaration or pursuant to the order of priority in section 2108.81 of the Revised Code.
Sec. 2108.82.  (A) Notwithstanding section 2108.81 of the Revised Code and in accordance with division (B) of this section, the probate court for the county in which the declarant or deceased person resided at the time of death may, on its own motion or the motion of another person, assign to any person the right of disposition for a declarant or deceased person.
(B) In making a determination for purposes of division (A) of this section and division (C) of section 2108.79 of the Revised Code, the court shall consider the following:
(1) Whether evidence presented to, or in the possession of the court, demonstrates that the person who is the subject of the motion and the declarant or deceased person had a close personal relationship;
(2) The reasonableness and practicality of any plans that the person who is the subject of the motion may have for the declarant's or deceased person's funeral, burial, cremation, hydrolysis, or final disposition, including the degree to which such plans allow maximum participation by all persons who wish to pay their final respects to the deceased person;
(3) The willingness of the person who is the subject of the motion to assume the responsibility to pay for the declarant's or deceased person's funeral, burial, cremation, hydrolysis, or final disposition and the desires of that person;
(4) The convenience and needs of other families and friends wishing to pay their final respects to the declarant or deceased person;
(5) The express written desires of the declarant or deceased person.
(C) Except to the extent considered under division (B)(3) of this section, the following persons do not have a greater claim to the right of disposition than such persons otherwise have pursuant to law:
(1) A person who is willing to assume the responsibility to pay for the declarant's or deceased person's funeral, burial, cremation, hydrolysis, or final disposition;
(2) The personal representative of the declarant or deceased person.
Sec. 2108.83.  In the event of a dispute regarding the right of disposition, a funeral home, funeral director, crematory or hydrolysis facility operator, cemetery operator, cemetery organization, or other person asked to assist with a declarant's or deceased person's funeral, burial, cremation, hydrolysis, or other manner of final disposition shall not be liable for damages of any kind for refusing to accept the remains, refusing to inter, cremate, hydrolyze, or otherwise dispose of the remains, or refusing to complete funeral or other arrangements pertaining to final disposition until such funeral home, funeral director, crematory or hydrolysis facility operator, cemetery operator, cemetery organization, or other person receives a court order or a written document that is executed by a person that the funeral home, funeral director, crematory or hydrolysis facility operator, cemetery operator, cemetery organization, or other person reasonably believes has the right of disposition and that clearly expresses how the right of disposition is to be exercised.
Sec. 2108.84.  If a funeral home, funeral director, crematory or hydrolysis facility operator, or other person asked to assist with a declarant's or deceased person's funeral, burial, cremation, hydrolysis, or other manner of final disposition is in possession of a declarant's or deceased person's remains while a dispute described in section 2108.83 of the Revised Code is pending, the funeral home, funeral director, crematory or hydrolysis facility operator, or other person may embalm or refrigerate and shelter the remains to preserve them and may add the cost of embalming, refrigeration, and sheltering to the final disposition costs to be charged.
Sec. 2108.85.  (A) If a funeral home, funeral director, crematory or hydrolysis facility operator, cemetery operator, cemetery organization, or other person asked to assist with a declarant's or deceased person's funeral, burial, cremation, hydrolysis, or other manner of final disposition brings a legal action for purposes of section 2108.83 or 2108.84 of the Revised Code, the funeral home, funeral director, crematory or hydrolysis facility operator, cemetery operator, cemetery organization, or other person may add to the costs the person charges for the goods and services the person provided the legal fees, if reasonable, and the court costs that the person incurred.
(B) The right created by division (A) of this section shall neither be construed to require, nor impose a duty on, a funeral home, funeral director, crematory or hydrolysis facility operator, cemetery operator, cemetery organization, or other person asked to assist with a declarant's or deceased person's funeral, burial, cremation, hydrolysis, or other manner of final disposition, to bring a legal action and such person shall not be held criminally or civilly liable for not bringing an action.
Sec. 2108.86.  (A) A funeral home, funeral director, crematory or hydrolysis facility operator, cemetery operator, cemetery organization, or other person asked to assist with a declarant's funeral, burial, cremation, hydrolysis, or other manner of final disposition has the right to rely on the content of a written declaration and the instructions of the person or group of persons whom the funeral home, funeral director, crematory or hydrolysis facility operator, cemetery operator, cemetery organization, or other person reasonably believes has the right of disposition.
(B) If the circumstances described in division (A) of section 2108.81 of the Revised Code apply, a funeral home, funeral director, crematory or hydrolysis facility operator, cemetery operator, cemetery organization, or other person asked to assist with a deceased person's funeral, burial, cremation, hydrolysis, or other manner of final disposition has the right to rely on the instructions of the person or group of persons the funeral home, funeral director, crematory or hydrolysis facility operator, cemetery operator, cemetery organization, or other person reasonably believes has the right of disposition pursuant to section 2108.81 of the Revised Code.
(C) No funeral home, funeral director, crematory or hydrolysis facility operator, cemetery operator, cemetery organization, or other person asked to assist with a deceased person's funeral, burial, cremation, hydrolysis, or other manner of final disposition, who relies, pursuant to divisions (A) and (B) of this section, in good faith on the contents of a written declaration or the instructions of the person or group of persons the funeral home, funeral director, crematory or hydrolysis facility operator, cemetery operator, cemetery organization, or other person reasonably believes has the right of disposition, shall be subject to criminal or civil liability or subject to disciplinary action for taking an action or not taking an action in reliance on such contents or instructions and for otherwise complying with sections 2108.70 to 2108.90 of the Revised Code.
Sec. 2108.87.  (A) A funeral home, funeral director, crematory or hydrolysis facility operator, cemetery operator, cemetery organization, or other person asked to assist with a deceased person's funeral, burial, cremation, hydrolysis, or other manner of final disposition may independently investigate the existence of, or locate or contact, the following persons:
(1) A representative or successor representative named in a written declaration;
(2) A person listed in section 2108.81 of the Revised Code.
(B) In no circumstances shall a funeral home, funeral director, crematory or hydrolysis facility operator, cemetery operator, cemetery organization, or other person asked to assist with a deceased person's funeral, burial, cremation, hydrolysis, or other manner of final disposition have a duty to independently investigate the existence of, or locate or contact, the persons described in division (A) of this section.
Sec. 2111.13.  (A) When a guardian is appointed to have the custody and maintenance of a ward, and to have charge of the education of the ward if the ward is a minor, the guardian's duties are as follows:
(1) To protect and control the person of the ward;
(2) To provide suitable maintenance for the ward when necessary, which shall be paid out of the estate of such ward upon the order of the guardian of the person;
(3) To provide such maintenance and education for such ward as the amount of the ward's estate justifies when the ward is a minor and has no father or mother, or has a father or mother who fails to maintain or educate the ward, which shall be paid out of such ward's estate upon the order of the guardian of the person;
(4) To obey all the orders and judgments of the probate court touching the guardianship.
(B) Except as provided in section 2111.131 of the Revised Code, no part of the ward's estate shall be used for the support, maintenance, or education of such ward unless ordered and approved by the court.
(C) A guardian of the person may authorize or approve the provision to the ward of medical, health, or other professional care, counsel, treatment, or services unless the ward or an interested party files objections with the probate court, or the court, by rule or order, provides otherwise.
(D) Unless a person with the right of disposition for a ward under section 2108.70 or 2108.81 of the Revised Code has made a decision regarding whether or not consent to an autopsy or post-mortem examination on the body of the deceased ward under section 2108.50 of the Revised Code shall be given, a guardian of the person of a ward who has died may consent to the autopsy or post-mortem examination.
(E) If a deceased ward did not have a guardian of the estate, the estate is not required to be administered by a probate court, and a person with the right of disposition for a ward, as described in section 2108.70 or 2108.81 of the Revised Code, has not made a decision regarding the disposition of the ward's body or remains, the guardian of the person of the ward may authorize the burial or, cremation, or hydrolysis of the ward.
(F) A guardian who gives consent or authorization as described in divisions (D) and (E) of this section shall notify the probate court as soon as possible after giving the consent or authorization.
Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the Revised Code:
(A) "Claimant" means both of the following categories of persons:
(1) Any of the following persons who claim an award of reparations under sections 2743.51 to 2743.72 of the Revised Code:
(a) A victim who was one of the following at the time of the criminally injurious conduct:
(i) A resident of the United States;
(ii) A resident of a foreign country the laws of which permit residents of this state to recover compensation as victims of offenses committed in that country.
(b) A dependent of a deceased victim who is described in division (A)(1)(a) of this section;
(c) A third person, other than a collateral source, who legally assumes or voluntarily pays the obligations of a victim, or of a dependent of a victim, who is described in division (A)(1)(a) of this section, which obligations are incurred as a result of the criminally injurious conduct that is the subject of the claim and may include, but are not limited to, medical or burial expenses;
(d) A person who is authorized to act on behalf of any person who is described in division (A)(1)(a), (b), or (c) of this section;
(e) The estate of a deceased victim who is described in division (A)(1)(a) of this section.
(2) Any of the following persons who claim an award of reparations under sections 2743.51 to 2743.72 of the Revised Code:
(a) A victim who had a permanent place of residence within this state at the time of the criminally injurious conduct and who, at the time of the criminally injurious conduct, complied with any one of the following:
(i) Had a permanent place of employment in this state;
(ii) Was a member of the regular armed forces of the United States or of the United States coast guard or was a full-time member of the Ohio organized militia or of the United States army reserve, naval reserve, or air force reserve;
(iii) Was retired and receiving social security or any other retirement income;
(iv) Was sixty years of age or older;
(v) Was temporarily in another state for the purpose of receiving medical treatment;
(vi) Was temporarily in another state for the purpose of performing employment-related duties required by an employer located within this state as an express condition of employment or employee benefits;
(vii) Was temporarily in another state for the purpose of receiving occupational, vocational, or other job-related training or instruction required by an employer located within this state as an express condition of employment or employee benefits;
(viii) Was a full-time student at an academic institution, college, or university located in another state;
(ix) Had not departed the geographical boundaries of this state for a period exceeding thirty days or with the intention of becoming a citizen of another state or establishing a permanent place of residence in another state.
(b) A dependent of a deceased victim who is described in division (A)(2)(a) of this section;
(c) A third person, other than a collateral source, who legally assumes or voluntarily pays the obligations of a victim, or of a dependent of a victim, who is described in division (A)(2)(a) of this section, which obligations are incurred as a result of the criminally injurious conduct that is the subject of the claim and may include, but are not limited to, medical or burial expenses;
(d) A person who is authorized to act on behalf of any person who is described in division (A)(2)(a), (b), or (c) of this section;
(e) The estate of a deceased victim who is described in division (A)(2)(a) of this section.
(B) "Collateral source" means a source of benefits or advantages for economic loss otherwise reparable that the victim or claimant has received, or that is readily available to the victim or claimant, from any of the following sources:
(1) The offender;
(2) The government of the United States or any of its agencies, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes them excess or secondary to benefits under sections 2743.51 to 2743.72 of the Revised Code;
(3) Social security, medicare, and medicaid;
(4) State-required, temporary, nonoccupational disability insurance;
(5) Workers' compensation;
(6) Wage continuation programs of any employer;
(7) Proceeds of a contract of insurance payable to the victim for loss that the victim sustained because of the criminally injurious conduct;
(8) A contract providing prepaid hospital and other health care services, or benefits for disability;
(9) That portion of the proceeds of all contracts of insurance payable to the claimant on account of the death of the victim that exceeds fifty thousand dollars;
(10) Any compensation recovered or recoverable under the laws of another state, district, territory, or foreign country because the victim was the victim of an offense committed in that state, district, territory, or country.
"Collateral source" does not include any money, or the monetary value of any property, that is subject to sections 2969.01 to 2969.06 of the Revised Code or that is received as a benefit from the Ohio public safety officers death benefit fund created by section 742.62 of the Revised Code.
(C) "Criminally injurious conduct" means one of the following:
(1) For the purposes of any person described in division (A)(1) of this section, any conduct that occurs or is attempted in this state; poses a substantial threat of personal injury or death; and is punishable by fine, imprisonment, or death, or would be so punishable but for the fact that the person engaging in the conduct lacked capacity to commit the crime under the laws of this state. Criminally injurious conduct does not include conduct arising out of the ownership, maintenance, or use of a motor vehicle, except when any of the following applies:
(a) The person engaging in the conduct intended to cause personal injury or death;
(b) The person engaging in the conduct was using the vehicle to flee immediately after committing a felony or an act that would constitute a felony but for the fact that the person engaging in the conduct lacked the capacity to commit the felony under the laws of this state;
(c) The person engaging in the conduct was using the vehicle in a manner that constitutes an OVI violation;
(d) The conduct occurred on or after July 25, 1990, and the person engaging in the conduct was using the vehicle in a manner that constitutes a violation of section 2903.08 of the Revised Code;
(e) The person engaging in the conduct acted in a manner that caused serious physical harm to a person and that constituted a violation of section 4549.02 or 4549.021 of the Revised Code.
(2) For the purposes of any person described in division (A)(2) of this section, any conduct that occurs or is attempted in another state, district, territory, or foreign country; poses a substantial threat of personal injury or death; and is punishable by fine, imprisonment, or death, or would be so punishable but for the fact that the person engaging in the conduct lacked capacity to commit the crime under the laws of the state, district, territory, or foreign country in which the conduct occurred or was attempted. Criminally injurious conduct does not include conduct arising out of the ownership, maintenance, or use of a motor vehicle, except when any of the following applies:
(a) The person engaging in the conduct intended to cause personal injury or death;
(b) The person engaging in the conduct was using the vehicle to flee immediately after committing a felony or an act that would constitute a felony but for the fact that the person engaging in the conduct lacked the capacity to commit the felony under the laws of the state, district, territory, or foreign country in which the conduct occurred or was attempted;
(c) The person engaging in the conduct was using the vehicle in a manner that constitutes an OVI violation;
(d) The conduct occurred on or after July 25, 1990, the person engaging in the conduct was using the vehicle in a manner that constitutes a violation of any law of the state, district, territory, or foreign country in which the conduct occurred, and that law is substantially similar to a violation of section 2903.08 of the Revised Code;
(e) The person engaging in the conduct acted in a manner that caused serious physical harm to a person and that constituted a violation of any law of the state, district, territory, or foreign country in which the conduct occurred, and that law is substantially similar to section 4549.02 or 4549.021 of the Revised Code.
(3) For the purposes of any person described in division (A)(1) or (2) of this section, terrorism that occurs within or outside the territorial jurisdiction of the United States.
(D) "Dependent" means an individual wholly or partially dependent upon the victim for care and support, and includes a child of the victim born after the victim's death.
(E) "Economic loss" means economic detriment consisting only of allowable expense, work loss, funeral expense, unemployment benefits loss, replacement services loss, cost of crime scene cleanup, and cost of evidence replacement. If criminally injurious conduct causes death, economic loss includes a dependent's economic loss and a dependent's replacement services loss. Noneconomic detriment is not economic loss; however, economic loss may be caused by pain and suffering or physical impairment.
(F)(1) "Allowable expense" means reasonable charges incurred for reasonably needed products, services, and accommodations, including those for medical care, rehabilitation, rehabilitative occupational training, and other remedial treatment and care and including replacement costs for hearing aids; dentures, retainers, and other dental appliances; canes, walkers, and other mobility tools; and eyeglasses and other corrective lenses. It does not include that portion of a charge for a room in a hospital, clinic, convalescent home, nursing home, or any other institution engaged in providing nursing care and related services in excess of a reasonable and customary charge for semiprivate accommodations, unless accommodations other than semiprivate accommodations are medically required.
(2) An immediate family member of a victim of criminally injurious conduct that consists of a homicide, a sexual assault, domestic violence, or a severe and permanent incapacitating injury resulting in paraplegia or a similar life-altering condition, who requires psychiatric care or counseling as a result of the criminally injurious conduct, may be reimbursed for that care or counseling as an allowable expense through the victim's application. The cumulative allowable expense for care or counseling of that nature shall not exceed two thousand five hundred dollars for each immediate family member of a victim of that type and seven thousand five hundred dollars in the aggregate for all immediate family members of a victim of that type.
(3) A family member of a victim who died as a proximate result of criminally injurious conduct may be reimbursed as an allowable expense through the victim's application for wages lost and travel expenses incurred in order to attend criminal justice proceedings arising from the criminally injurious conduct. The cumulative allowable expense for wages lost and travel expenses incurred by a family member to attend criminal justice proceedings shall not exceed five hundred dollars for each family member of the victim and two thousand dollars in the aggregate for all family members of the victim.
(4)(a) "Allowable expense" includes reasonable expenses and fees necessary to obtain a guardian's bond pursuant to section 2109.04 of the Revised Code when the bond is required to pay an award to a fiduciary on behalf of a minor or other incompetent.
(b) "Allowable expense" includes attorney's fees not exceeding one thousand dollars, at a rate not exceeding one hundred dollars per hour, incurred to successfully obtain a restraining order, custody order, or other order to physically separate a victim from an offender. Attorney's fees for the services described in this division may include an amount for reasonable travel time incurred to attend court hearings, not exceeding three hours' round-trip for each court hearing, assessed at a rate not exceeding thirty dollars per hour.
(G) "Work loss" means loss of income from work that the injured person would have performed if the person had not been injured and expenses reasonably incurred by the person to obtain services in lieu of those the person would have performed for income, reduced by any income from substitute work actually performed by the person, or by income the person would have earned in available appropriate substitute work that the person was capable of performing but unreasonably failed to undertake.
(H) "Replacement services loss" means expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the injured person would have performed, not for income, but for the benefit of the person's self or family, if the person had not been injured.
(I) "Dependent's economic loss" means loss after a victim's death of contributions of things of economic value to the victim's dependents, not including services they would have received from the victim if the victim had not suffered the fatal injury, less expenses of the dependents avoided by reason of the victim's death. If a minor child of a victim is adopted after the victim's death, the minor child continues after the adoption to incur a dependent's economic loss as a result of the victim's death. If the surviving spouse of a victim remarries, the surviving spouse continues after the remarriage to incur a dependent's economic loss as a result of the victim's death.
(J) "Dependent's replacement services loss" means loss reasonably incurred by dependents after a victim's death in obtaining ordinary and necessary services in lieu of those the victim would have performed for their benefit if the victim had not suffered the fatal injury, less expenses of the dependents avoided by reason of the victim's death and not subtracted in calculating the dependent's economic loss. If a minor child of a victim is adopted after the victim's death, the minor child continues after the adoption to incur a dependent's replacement services loss as a result of the victim's death. If the surviving spouse of a victim remarries, the surviving spouse continues after the remarriage to incur a dependent's replacement services loss as a result of the victim's death.
(K) "Noneconomic detriment" means pain, suffering, inconvenience, physical impairment, or other nonpecuniary damage.
(L) "Victim" means a person who suffers personal injury or death as a result of any of the following:
(1) Criminally injurious conduct;
(2) The good faith effort of any person to prevent criminally injurious conduct;
(3) The good faith effort of any person to apprehend a person suspected of engaging in criminally injurious conduct.
(M) "Contributory misconduct" means any conduct of the claimant or of the victim through whom the claimant claims an award of reparations that is unlawful or intentionally tortious and that, without regard to the conduct's proximity in time or space to the criminally injurious conduct, has a causal relationship to the criminally injurious conduct that is the basis of the claim.
(N)(1) "Funeral expense" means any reasonable charges that are not in excess of seven thousand five hundred dollars per funeral and that are incurred for expenses directly related to a victim's funeral, cremation, hydrolysis, or burial and any wages lost or travel expenses incurred by a family member of a victim in order to attend the victim's funeral, cremation, hydrolysis, or burial.
(2) An award for funeral expenses shall be applied first to expenses directly related to the victim's funeral, cremation, hydrolysis, or burial. An award for wages lost or travel expenses incurred by a family member of the victim shall not exceed five hundred dollars for each family member and shall not exceed in the aggregate the difference between seven thousand five hundred dollars and expenses that are reimbursed by the program and that are directly related to the victim's funeral, cremation, hydrolysis, or burial.
(O) "Unemployment benefits loss" means a loss of unemployment benefits pursuant to Chapter 4141. of the Revised Code when the loss arises solely from the inability of a victim to meet the able to work, available for suitable work, or the actively seeking suitable work requirements of division (A)(4)(a) of section 4141.29 of the Revised Code.
(P) "OVI violation" means any of the following:
(1) A violation of section 4511.19 of the Revised Code, of any municipal ordinance prohibiting the operation of a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them, or of any municipal ordinance prohibiting the operation of a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine;
(2) A violation of division (A)(1) of section 2903.06 of the Revised Code;
(3) A violation of division (A)(2), (3), or (4) of section 2903.06 of the Revised Code or of a municipal ordinance substantially similar to any of those divisions, if the offender was under the influence of alcohol, a drug of abuse, or a combination of them, at the time of the commission of the offense;
(4) For purposes of any person described in division (A)(2) of this section, a violation of any law of the state, district, territory, or foreign country in which the criminally injurious conduct occurred, if that law is substantially similar to a violation described in division (P)(1) or (2) of this section or if that law is substantially similar to a violation described in division (P)(3) of this section and the offender was under the influence of alcohol, a drug of abuse, or a combination of them, at the time of the commission of the offense.
(Q) "Pendency of the claim" for an original reparations application or supplemental reparations application means the period of time from the date the criminally injurious conduct upon which the application is based occurred until the date a final decision, order, or judgment concerning that original reparations application or supplemental reparations application is issued.
(R) "Terrorism" means any activity to which all of the following apply:
(1) The activity involves a violent act or an act that is dangerous to human life.
(2) The act described in division (R)(1) of this section is committed within the territorial jurisdiction of the United States and is a violation of the criminal laws of the United States, this state, or any other state or the act described in division (R)(1) of this section is committed outside the territorial jurisdiction of the United States and would be a violation of the criminal laws of the United States, this state, or any other state if committed within the territorial jurisdiction of the United States.
(3) The activity appears to be intended to do any of the following:
(a) Intimidate or coerce a civilian population;
(b) Influence the policy of any government by intimidation or coercion;
(c) Affect the conduct of any government by assassination or kidnapping.
(4) The activity occurs primarily outside the territorial jurisdiction of the United States or transcends the national boundaries of the United States in terms of the means by which the activity is accomplished, the person or persons that the activity appears intended to intimidate or coerce, or the area or locale in which the perpetrator or perpetrators of the activity operate or seek asylum.
(S) "Transcends the national boundaries of the United States" means occurring outside the territorial jurisdiction of the United States in addition to occurring within the territorial jurisdiction of the United States.
(T) "Cost of crime scene cleanup" means any of the following:
(1) The replacement cost for items of clothing removed from a victim in order to make an assessment of possible physical harm or to treat physical harm;
(2) Reasonable and necessary costs of cleaning the scene and repairing, for the purpose of personal security, property damaged at the scene where the criminally injurious conduct occurred, not to exceed seven hundred fifty dollars in the aggregate per claim.
(U) "Cost of evidence replacement" means costs for replacement of property confiscated for evidentiary purposes related to the criminally injurious conduct, not to exceed seven hundred fifty dollars in the aggregate per claim.
(V) "Provider" means any person who provides a victim or claimant with a product, service, or accommodations that are an allowable expense or a funeral expense.
(W) "Immediate family member" means an individual who resided in the same permanent household as a victim at the time of the criminally injurious conduct and who is related to the victim by affinity or consanguinity.
(X) "Family member" means an individual who is related to a victim by affinity or consanguinity.
Sec. 2925.01.  As used in this chapter:
(A) "Administer," "controlled substance," "dispense," "distribute," "hypodermic," "manufacturer," "official written order," "person," "pharmacist," "pharmacy," "sale," "schedule I," "schedule II," "schedule III," "schedule IV," "schedule V," and "wholesaler" have the same meanings as in section 3719.01 of the Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the same meanings as in section 3719.011 of the Revised Code.
(C) "Drug," "dangerous drug," "licensed health professional authorized to prescribe drugs," and "prescription" have the same meanings as in section 4729.01 of the Revised Code.
(D) "Bulk amount" of a controlled substance means any of the following:
(1) For any compound, mixture, preparation, or substance included in schedule I, schedule II, or schedule III, with the exception of marihuana, cocaine, L.S.D., heroin, and hashish and except as provided in division (D)(2) or (5) of this section, whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or twenty-five unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a schedule I opiate or opium derivative;
(b) An amount equal to or exceeding ten grams of a compound, mixture, preparation, or substance that is or contains any amount of raw or gum opium;
(c) An amount equal to or exceeding thirty grams or ten unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a schedule I hallucinogen other than tetrahydrocannabinol or lysergic acid amide, or a schedule I stimulant or depressant;
(d) An amount equal to or exceeding twenty grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II opiate or opium derivative;
(e) An amount equal to or exceeding five grams or ten unit doses of a compound, mixture, preparation, or substance that is or contains any amount of phencyclidine;
(f) An amount equal to or exceeding one hundred twenty grams or thirty times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II stimulant that is in a final dosage form manufactured by a person authorized by the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and the federal drug abuse control laws, as defined in section 3719.01 of the Revised Code, that is or contains any amount of a schedule II depressant substance or a schedule II hallucinogenic substance;
(g) An amount equal to or exceeding three grams of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II stimulant, or any of its salts or isomers, that is not in a final dosage form manufactured by a person authorized by the Federal Food, Drug, and Cosmetic Act and the federal drug abuse control laws.
(2) An amount equal to or exceeding one hundred twenty grams or thirty times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule III or IV substance other than an anabolic steroid or a schedule III opiate or opium derivative;
(3) An amount equal to or exceeding twenty grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty milliliters or two hundred fifty grams of a compound, mixture, preparation, or substance that is or contains any amount of a schedule V substance;
(5) An amount equal to or exceeding two hundred solid dosage units, sixteen grams, or sixteen milliliters of a compound, mixture, preparation, or substance that is or contains any amount of a schedule III anabolic steroid.
(E) "Unit dose" means an amount or unit of a compound, mixture, or preparation containing a controlled substance that is separately identifiable and in a form that indicates that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual.
(F) "Cultivate" includes planting, watering, fertilizing, or tilling.
(G) "Drug abuse offense" means any of the following:
(1) A violation of division (A) of section 2913.02 that constitutes theft of drugs, or a violation of section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code;
(2) A violation of an existing or former law of this or any other state or of the United States that is substantially equivalent to any section listed in division (G)(1) of this section;
(3) An offense under an existing or former law of this or any other state, or of the United States, of which planting, cultivating, harvesting, processing, making, manufacturing, producing, shipping, transporting, delivering, acquiring, possessing, storing, distributing, dispensing, selling, inducing another to use, administering to another, using, or otherwise dealing with a controlled substance is an element;
(4) A conspiracy to commit, attempt to commit, or complicity in committing or attempting to commit any offense under division (G)(1), (2), or (3) of this section.
(H) "Felony drug abuse offense" means any drug abuse offense that would constitute a felony under the laws of this state, any other state, or the United States.
(I) "Harmful intoxicant" does not include beer or intoxicating liquor but means any of the following:
(1) Any compound, mixture, preparation, or substance the gas, fumes, or vapor of which when inhaled can induce intoxication, excitement, giddiness, irrational behavior, depression, stupefaction, paralysis, unconsciousness, asphyxiation, or other harmful physiological effects, and includes, but is not limited to, any of the following:
(a) Any volatile organic solvent, plastic cement, model cement, fingernail polish remover, lacquer thinner, cleaning fluid, gasoline, or other preparation containing a volatile organic solvent;
(b) Any aerosol propellant;
(c) Any fluorocarbon refrigerant;
(d) Any anesthetic gas.
(2) Gamma Butyrolactone;
(3) 1,4 Butanediol.
(J) "Manufacture" means to plant, cultivate, harvest, process, make, prepare, or otherwise engage in any part of the production of a drug, by propagation, extraction, chemical synthesis, or compounding, or any combination of the same, and includes packaging, repackaging, labeling, and other activities incident to production.
(K) "Possess" or "possession" means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.
(L) "Sample drug" means a drug or pharmaceutical preparation that would be hazardous to health or safety if used without the supervision of a licensed health professional authorized to prescribe drugs, or a drug of abuse, and that, at one time, had been placed in a container plainly marked as a sample by a manufacturer.
(M) "Standard pharmaceutical reference manual" means the current edition, with cumulative changes if any, of any of the following reference works:
(1) "The National Formulary";
(2) "The United States Pharmacopeia," prepared by authority of the United States Pharmacopeial Convention, Inc.;
(3) Other standard references that are approved by the state board of pharmacy.
(N) "Juvenile" means a person under eighteen years of age.
(O) "Counterfeit controlled substance" means any of the following:
(1) Any drug that bears, or whose container or label bears, a trademark, trade name, or other identifying mark used without authorization of the owner of rights to that trademark, trade name, or identifying mark;
(2) Any unmarked or unlabeled substance that is represented to be a controlled substance manufactured, processed, packed, or distributed by a person other than the person that manufactured, processed, packed, or distributed it;
(3) Any substance that is represented to be a controlled substance but is not a controlled substance or is a different controlled substance;
(4) Any substance other than a controlled substance that a reasonable person would believe to be a controlled substance because of its similarity in shape, size, and color, or its markings, labeling, packaging, distribution, or the price for which it is sold or offered for sale.
(P) An offense is "committed in the vicinity of a school" if the offender commits the offense on school premises, in a school building, or within one thousand feet of the boundaries of any school premises, regardless of whether the offender knows the offense is being committed on school premises, in a school building, or within one thousand feet of the boundaries of any school premises.
(Q) "School" means any school operated by a board of education, any community school established under Chapter 3314. of the Revised Code, or any nonpublic school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted at the time a criminal offense is committed.
(R) "School premises" means either of the following:
(1) The parcel of real property on which any school is situated, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted on the premises at the time a criminal offense is committed;
(2) Any other parcel of real property that is owned or leased by a board of education of a school, the governing authority of a community school established under Chapter 3314. of the Revised Code, or the governing body of a nonpublic school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code and on which some of the instruction, extracurricular activities, or training of the school is conducted, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted on the parcel of real property at the time a criminal offense is committed.
(S) "School building" means any building in which any of the instruction, extracurricular activities, or training provided by a school is conducted, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted in the school building at the time a criminal offense is committed.
(T) "Disciplinary counsel" means the disciplinary counsel appointed by the board of commissioners on grievances and discipline of the supreme court under the Rules for the Government of the Bar of Ohio.
(U) "Certified grievance committee" means a duly constituted and organized committee of the Ohio state bar association or of one or more local bar associations of the state of Ohio that complies with the criteria set forth in Rule V, section 6 of the Rules for the Government of the Bar of Ohio.
(V) "Professional license" means any license, permit, certificate, registration, qualification, admission, temporary license, temporary permit, temporary certificate, or temporary registration that is described in divisions (W)(1) to (36) of this section and that qualifies a person as a professionally licensed person.
(W) "Professionally licensed person" means any of the following:
(1) A person who has obtained a license as a manufacturer of controlled substances or a wholesaler of controlled substances under Chapter 3719. of the Revised Code;
(2) A person who has received a certificate or temporary certificate as a certified public accountant or who has registered as a public accountant under Chapter 4701. of the Revised Code and who holds an Ohio permit issued under that chapter;
(3) A person who holds a certificate of qualification to practice architecture issued or renewed and registered under Chapter 4703. of the Revised Code;
(4) A person who is registered as a landscape architect under Chapter 4703. of the Revised Code or who holds a permit as a landscape architect issued under that chapter;
(5) A person licensed under Chapter 4707. of the Revised Code;
(6) A person who has been issued a certificate of registration as a registered barber under Chapter 4709. of the Revised Code;
(7) A person licensed and regulated to engage in the business of a debt pooling company by a legislative authority, under authority of Chapter 4710. of the Revised Code;
(8) A person who has been issued a cosmetologist's license, hair designer's license, manicurist's license, esthetician's license, natural hair stylist's license, managing cosmetologist's license, managing hair designer's license, managing manicurist's license, managing esthetician's license, managing natural hair stylist's license, cosmetology instructor's license, hair design instructor's license, manicurist instructor's license, esthetics instructor's license, natural hair style instructor's license, independent contractor's license, or tanning facility permit under Chapter 4713. of the Revised Code;
(9) A person who has been issued a license to practice dentistry, a general anesthesia permit, a conscious intravenous sedation permit, a limited resident's license, a limited teaching license, a dental hygienist's license, or a dental hygienist's teacher's certificate under Chapter 4715. of the Revised Code;
(10) A person who has been issued an embalmer's license, a funeral director's license, a funeral home license, or a crematory or hydrolysis facility license, or who has been registered for an embalmer's or funeral director's apprenticeship under Chapter 4717. of the Revised Code;
(11) A person who has been licensed as a registered nurse or practical nurse, or who has been issued a certificate for the practice of nurse-midwifery under Chapter 4723. of the Revised Code;
(12) A person who has been licensed to practice optometry or to engage in optical dispensing under Chapter 4725. of the Revised Code;
(13) A person licensed to act as a pawnbroker under Chapter 4727. of the Revised Code;
(14) A person licensed to act as a precious metals dealer under Chapter 4728. of the Revised Code;
(15) A person licensed as a pharmacist, a pharmacy intern, a wholesale distributor of dangerous drugs, or a terminal distributor of dangerous drugs under Chapter 4729. of the Revised Code;
(16) A person who is authorized to practice as a physician assistant under Chapter 4730. of the Revised Code;
(17) A person who has been issued a certificate to practice medicine and surgery, osteopathic medicine and surgery, a limited branch of medicine, or podiatry under Chapter 4731. of the Revised Code;
(18) A person licensed as a psychologist or school psychologist under Chapter 4732. of the Revised Code;
(19) A person registered to practice the profession of engineering or surveying under Chapter 4733. of the Revised Code;
(20) A person who has been issued a license to practice chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker or real estate salesperson under Chapter 4735. of the Revised Code;
(22) A person registered as a registered sanitarian under Chapter 4736. of the Revised Code;
(23) A person licensed to operate or maintain a junkyard under Chapter 4737. of the Revised Code;
(24) A person who has been issued a motor vehicle salvage dealer's license under Chapter 4738. of the Revised Code;
(25) A person who has been licensed to act as a steam engineer under Chapter 4739. of the Revised Code;
(26) A person who has been issued a license or temporary permit to practice veterinary medicine or any of its branches, or who is registered as a graduate animal technician under Chapter 4741. of the Revised Code;
(27) A person who has been issued a hearing aid dealer's or fitter's license or trainee permit under Chapter 4747. of the Revised Code;
(28) A person who has been issued a class A, class B, or class C license or who has been registered as an investigator or security guard employee under Chapter 4749. of the Revised Code;
(29) A person licensed and registered to practice as a nursing home administrator under Chapter 4751. of the Revised Code;
(30) A person licensed to practice as a speech-language pathologist or audiologist under Chapter 4753. of the Revised Code;
(31) A person issued a license as an occupational therapist or physical therapist under Chapter 4755. of the Revised Code;
(32) A person who is licensed as a professional clinical counselor or professional counselor, licensed as a social worker or independent social worker, or registered as a social work assistant under Chapter 4757. of the Revised Code;
(33) A person issued a license to practice dietetics under Chapter 4759. of the Revised Code;
(34) A person who has been issued a license or limited permit to practice respiratory therapy under Chapter 4761. of the Revised Code;
(35) A person who has been issued a real estate appraiser certificate under Chapter 4763. of the Revised Code;
(36) A person who has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules.
(X) "Cocaine" means any of the following:
(1) A cocaine salt, isomer, or derivative, a salt of a cocaine isomer or derivative, or the base form of cocaine;
(2) Coca leaves or a salt, compound, derivative, or preparation of coca leaves, including ecgonine, a salt, isomer, or derivative of ecgonine, or a salt of an isomer or derivative of ecgonine;
(3) A salt, compound, derivative, or preparation of a substance identified in division (X)(1) or (2) of this section that is chemically equivalent to or identical with any of those substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves if the extractions do not contain cocaine or ecgonine.
(Y) "L.S.D." means lysergic acid diethylamide.
(Z) "Hashish" means the resin or a preparation of the resin contained in marihuana, whether in solid form or in a liquid concentrate, liquid extract, or liquid distillate form.
(AA) "Marihuana" has the same meaning as in section 3719.01 of the Revised Code, except that it does not include hashish.
(BB) An offense is "committed in the vicinity of a juvenile" if the offender commits the offense within one hundred feet of a juvenile or within the view of a juvenile, regardless of whether the offender knows the age of the juvenile, whether the offender knows the offense is being committed within one hundred feet of or within view of the juvenile, or whether the juvenile actually views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that a prison term shall be imposed" means a presumption, as described in division (D) of section 2929.13 of the Revised Code, that a prison term is a necessary sanction for a felony in order to comply with the purposes and principles of sentencing under section 2929.11 of the Revised Code.
(DD) "Major drug offender" has the same meaning as in section 2929.01 of the Revised Code.
(EE) "Minor drug possession offense" means either of the following:
(1) A violation of section 2925.11 of the Revised Code as it existed prior to July 1, 1996;
(2) A violation of section 2925.11 of the Revised Code as it exists on and after July 1, 1996, that is a misdemeanor or a felony of the fifth degree.
(FF) "Mandatory prison term" has the same meaning as in section 2929.01 of the Revised Code.
(GG) "Adulterate" means to cause a drug to be adulterated as described in section 3715.63 of the Revised Code.
(HH) "Public premises" means any hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort.
(II) "Methamphetamine" means methamphetamine, any salt, isomer, or salt of an isomer of methamphetamine, or any compound, mixture, preparation, or substance containing methamphetamine or any salt, isomer, or salt of an isomer of methamphetamine.
(JJ) "Lawful prescription" means a prescription that is issued for a legitimate medical purpose by a licensed health professional authorized to prescribe drugs, that is not altered or forged, and that was not obtained by means of deception or by the commission of any theft offense.
(KK) "Deception" and "theft offense" have the same meanings as in section 2913.01 of the Revised Code.
Sec. 3705.01.  As used in this chapter:
(A) "Live birth" means the complete expulsion or extraction from its mother of a product of human conception that after such expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.
(B)(1) "Fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which after such expulsion or extraction does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.
(2) "Stillborn" means that an infant suffered a fetal death of at least twenty weeks of gestation.
(C) "Dead body" means a human body or part of a human body from the condition of which it reasonably may be concluded that death recently occurred.
(D) "Physician" means a person licensed pursuant to Chapter 4731. of the Revised Code to practice medicine or surgery or osteopathic medicine and surgery.
(E) "Attending physician" means the physician in charge of the patient's care for the illness or condition that resulted in death.
(F) "Institution" means any establishment, public or private, that provides medical, surgical, or diagnostic care or treatment, or domiciliary care, to two or more unrelated individuals, or to persons committed by law.
(G) "Funeral director" has the meaning given in section 4717.01 of the Revised Code.
(H) "State registrar" means the head of the office of vital statistics in the department of health.
(I) "Medical certification" means completion of the medical certification portion of the certificate of death or fetal death as to the cause of death or fetal death.
(J) "Final disposition" means the interment, cremation, hydrolysis, removal from the state, donation, or other authorized disposition of a dead body or a fetal death.
(K) "Interment" means the final disposition of the remains of a dead body by burial or entombment.
(L) "Cremation" means the reduction to ashes of a dead body.
(M) "Donation" means gift of a dead body to a research institution or medical school.
(N) "System of vital statistics" means the registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required by this chapter, and activities related thereto.
(O) "Vital records" means certificates or reports of birth, death, fetal death, marriage, divorce, dissolution of marriage, annulment, and data related thereto and other documents maintained as required by statute.
(P) "File" means the presentation of vital records for registration by the office of vital statistics.
(Q) "Registration" means the acceptance by the office of vital statistics and the incorporation of vital records into its official records.
(R) "Birth record" means a birth certificate that has been registered with the office of vital statistics; or, if registered prior to March 16, 1989, with the division of vital statistics; or, if registered prior to the establishment of the division of vital statistics, with the department of health or a local registrar.
(S) "Certification of birth" means a document issued by the director of health or state registrar or a local registrar under division (B) of section 3705.23 of the Revised Code.
(T) "Hydrolysis" has the same meaning as in section 4717.01 of the Revised Code.
Sec. 3705.17.  The body of a person whose death occurs in this state shall not be interred, deposited in a vault or tomb, cremated, hydrolyzed, or otherwise disposed of by a funeral director until a burial permit is issued by a local registrar or sub-registrar of vital statistics. No such permit shall be issued by a local registrar or sub-registrar until a satisfactory death, fetal death, or provisional death certificate is filed with the local registrar or sub-registrar. When the medical certification as to the cause of death cannot be provided by the attending physician or coroner prior to burial, for sufficient cause, as determined by rule of the director of health, the funeral director may file a provisional death certificate with the local registrar or sub-registrar for the purpose of securing a burial or burial-transit permit. When the funeral director files a provisional death certificate to secure a burial or burial-transit permit, the funeral director shall file a satisfactory and complete death certificate within five days after the date of death. The director of health, by rule, may provide additional time for filing a satisfactory death certificate. A burial permit authorizing cremation or hydrolysis shall not be issued upon the filing of a provisional certificate of death.
When a funeral director or other person obtains a burial permit from a local registrar or sub-registrar, the registrar or sub-registrar shall charge a fee of three dollars for the issuance of the burial permit. Two dollars and fifty cents of each fee collected for a burial permit shall be paid into the state treasury to the credit of the division of real estate in the department of commerce to be used by the division in discharging its duties prescribed in Chapter 4767. of the Revised Code and the Ohio cemetery dispute resolution commission created by section 4767.05 of the Revised Code. A local registrar or sub-registrar shall transmit payments of that portion of the amount of each fee collected under this section to the treasurer of state on a quarterly basis or more frequently, if possible. The director of health, by rule, shall provide for the issuance of a burial permit without the payment of the fee required by this section if the total cost of the burial will be paid by an agency or instrumentality of the United States, the state or a state agency, or a political subdivision of the state.
The director of commerce may by rule adopted in accordance with Chapter 119. of the Revised Code reduce the total amount of the fee required by this section and that portion of the amount of the fee required to be paid to the credit of the division of real estate for the use of the division and the Ohio cemetery dispute resolution commission, if the director determines that the total amount of funds the fee is generating at the amount required by this section exceeds the amount of funds the division of real estate and the commission need to carry out their powers and duties prescribed in Chapter 4767. of the Revised Code.
No person in charge of any premises in which interments or, cremations, or hydrolyses are made shall inter or, cremate, or hydrolyze or otherwise dispose of a body, unless it is accompanied by a burial permit. Each person in charge of a cemetery, crematory facility, hydrolysis facility, or other place of disposal shall indorse upon a burial permit the date of interment, cremation, hydrolysis, or other disposal and shall retain such permits for a period of at least five years. The person in charge shall keep an accurate record of all interments, cremations, hydrolyses, or other disposal of dead bodies, made in the premises under the person's charge, stating the name of the deceased person, place of death, date of burial, cremation, hydrolysis, or other disposal, and name and address of the funeral director. Such record shall at all times be open to public inspection.
Sec. 3705.18.  When a death occurs outside the state and the body is transported into this state for burial or other disposition, the body must be accompanied by an authorization for final disposition issued in accordance with the laws and health regulations of the place where death occurred. The authorization that accompanied the body shall be accepted as authorization for burial, cremation, hydrolysis, or other disposal in Ohio. The person in charge of place of burial shall endorse and forward the authorization for final disposition that accompanied the body to the local registrar of vital statistics of the registration district in which burial was made.
Sec. 3705.19.  (A) If the deceased served in the armed forces of the United States, the death certificate shall include a statement of the branch of service in which he the deceased served, the date of entry into service, the date and type of discharge from such service, and information to show the name and location of the place where the deceased was buried or, cremated, or hydrolyzed, date of burial or, cremation, or hydrolysis, and the location, lot, and grave number of the deceased's burial.
(B) Whenever the remains of a deceased person are transported into this state for burial or other disposition, the funeral director having responsibility for disposition of the remains shall ascertain from the best qualified persons or sources available whether or not the deceased was a member of the armed forces of the United States. If the funeral director finds the deceased was a member, he the funeral director shall also obtain from such persons or sources and shall transcribe on a form prescribed by the director of health, the deceased's branch of service, date of entry into service, date and type of separation or discharge from service, date of birth, state of birth, date of death, date of burial, the name and location of the cemetery, and the lot and grave number where the deceased is buried. The funeral director shall sign the completed form and submit it to the local registrar of vital statistics. If the funeral director is unable to ascertain whether or not the deceased was a member of the armed forces of the United States or ascertains that the deceased was not a member, he the funeral director shall enter such information on the form.
If no funeral director is responsible for the disposition of the remains of the deceased, the person in charge of the disposition, except a sexton or other person who is customarily in charge only of the premises where burials or, cremations, or hydrolyses take place, shall perform the duties required by this division.
(C) At intervals not to exceed three months, the department of health shall forward to the adjutant general a summary of information concerning deceased members and former members of the armed forces of the United States, including those who died outside this state, but whose remains were buried or received for other final disposition in this state. The summary shall state the name, date of birth, state of birth, date of death, date of entry into service, date and type of separation or discharge from service, branch of service, date of burial, place of burial, and location of grave. At the same time the department forwards this summary to the adjutant general, it shall forward to each county recorder that portion of the summary that relates to burials made, and grave locations situated, within the county. After the summary is sent to the adjutant general, the forms specified in division (B) of this section may be disposed of.
Sec. 3705.20.  (A) The fetal death of the product of human conception of at least twenty weeks of gestation shall be registered on a fetal death certificate.
On application of either parent, the fetal death of the product of human conception prior to twenty weeks of gestation shall be registered on a fetal death certificate, except that the fetal death certificate shall not list the cause of death.
The parent shall include with the application a copy of the statement required by division (B)(1) of section 3727.16 or division (B)(1) of section 4731.82 of the Revised Code. If the father submits the application, he shall also include with it a signed and notarized document from the mother attesting that she voluntarily provided the father with a copy of the statement.
A fetal death certificate for the product of human conception prior to twenty weeks gestation is not proof of a live birth for purposes of federal, state, and local taxes.
(B) The product of human conception that suffers a fetal death of at least twenty weeks of gestation occurring in Ohio shall not be interred, deposited in a vault or tomb, cremated, hydrolyzed, or otherwise disposed of by a funeral director or other person until a fetal death certificate or provisional death certificate has been filed with and a burial permit is issued by the local registrar of vital statistics of the registration district in which the fetal death occurs, or the body is found.
A burial permit for the product of human conception that suffers a fetal death prior to twenty weeks of gestation shall be issued by the local registrar of vital statistics of the registration district in which the fetal death occurs if either parent files a fetal death certificate with that registrar.
(C)(1) The department of health and the local registrar shall keep a separate record and index record of fetal death certificates.
(2) The personal or statistical information on the fetal death certificate shall be obtained by the funeral director or other person in charge of interment or, cremation, or hydrolysis from the best qualified persons or sources available.
Sec. 3707.19.  The body of a person who has died of a communicable disease declared by the department of health to require immediate disposal for the protection of others shall be buried or, cremated, or hydrolyzed within twenty-four hours after death. No public or church funeral shall be held in connection with the burial of such person, and the body shall not be taken into any church, chapel, or other public place. Only adult members of the immediate family of the deceased and such other persons as are actually necessary may be present at the burial or, cremation, or hydrolysis.
Sec. 4511.451.  (A) As used in this section, "funeral procession" means two or more vehicles accompanying the cremated or hydrolyzed remains or the body of a deceased person in the daytime when each of the vehicles has its headlights lighted and is displaying a purple and white or an orange and white pennant attached to each vehicle in such a manner as to be clearly visible to traffic approaching from any direction.
(B) Excepting public safety vehicles proceeding in accordance with section 4511.45 of the Revised Code or when directed otherwise by a police officer, pedestrians and the operators of all vehicles, street cars, and trackless trolleys shall yield the right of way to each vehicle that is a part of a funeral procession. Whenever the lead vehicle in a funeral procession lawfully enters an intersection, the remainder of the vehicles in the procession may continue to follow the lead vehicle through the intersection notwithstanding any traffic control devices or right of way provisions of the Revised Code, provided that the operator of each vehicle exercises due care to avoid colliding with any other vehicle or pedestrian.
(C) No person shall operate any vehicle as a part of a funeral procession without having the headlights of the vehicle lighted and without displaying a purple and white or an orange and white pennant in such a manner as to be clearly visible to traffic approaching from any direction.
(D) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
Sec. 4717.01.  As used in this chapter:
(A) "Embalming" means the preservation and disinfection, or attempted preservation and disinfection, of the dead human body by application of chemicals externally, internally, or both.
(B) "Funeral business" means a sole proprietorship, partnership, corporation, limited liability company, or other business entity that is engaged in funeral directing for profit or for free from one or more funeral homes licensed under this chapter.
(C) "Funeral directing" means the business or profession of directing or supervising funerals for profit, the arrangement or sale of funeral services, the filling out or execution of a funeral service contract, the business or profession of preparing dead human bodies for burial by means other than embalming, the disposition of dead human bodies, the provision or maintenance of a place for the preparation, the care, or disposition of dead human bodies, the use in connection with a business of the term "funeral director," "undertaker," "mortician," or any other term from which can be implied the business of funeral directing, or the holding out to the public that one is a funeral director or a disposer of dead human bodies.
(D) "Funeral home" means a fixed place for the care, preparation for burial, or disposition of dead human bodies or the conducting of funerals. Each business location is a funeral home, regardless of common ownership or management.
(E) "Embalmer" means a person who engages, in whole or in part, in embalming and who is licensed under this chapter.
(F) "Funeral director" means a person who engages, in whole or in part, in funeral directing and who is licensed under this chapter.
(G) "Final disposition" has the same meaning as in division (J) of section 3705.01 of the Revised Code.
(H) "Supervision" means the operation of all phases of the business of funeral directing or embalming under the specific direction of a licensed funeral director or licensed embalmer.
(I) "Direct supervision" means the physical presence of a licensed funeral director or licensed embalmer while the specific functions of the funeral or embalming are being carried out.
(J) "Embalming facility" means a fixed location, separate from the funeral home, that is licensed under this chapter whose only function is the embalming and preparation of dead human bodies.
(K) "Crematory facility" means the physical location at which a cremation chamber is located and the cremation process takes place. "Crematory facility" does not include an infectious waste incineration facility for which a license is held under division (B) of section 3734.05 of the Revised Code, or a solid waste incineration facility for which a license is held under division (A) of that section that includes a notation pursuant to division (B)(3) of that section authorizing the facility to also treat infectious wastes, in connection with the incineration of body parts other than dead human bodies that were donated to science for purposes of medical education or research.
(L) "Crematory" means the building or portion of a building that houses the holding facility and the cremation chamber.
(M) "Cremation" means the technical process of using heat and flame to reduce human or animal remains to bone fragments or ashes or any combination thereof. "Cremation" includes processing and may include the pulverization of bone fragments.
(N) "Cremation chamber" means the enclosed space within which cremation takes place.
(O) "Cremated remains" means all human or animal remains recovered after the completion of the cremation process, which may include the residue of any foreign matter such as casket material, dental work, or eyeglasses that were cremated with the human or animal remains.
(P) "Lapsed license" means a license issued under this chapter that has become invalid because of the failure of the licensee to renew the license within the time limits prescribed under this chapter.
(Q) "Operator of a crematory facility" means the sole proprietorship, partnership, corporation, limited liability company, or other business entity responsible for the overall operation of a crematory facility.
(R) "Processing" means the reduction of identifiable bone fragments to unidentifiable bone fragments through manual or mechanical means after the completion of the cremation or hydrolysis process.
(S) "Pulverization" means the reduction of identifiable bone fragments to granulated particles by manual or mechanical means after the completion of the cremation or hydrolysis process.
(T) "Preneed funeral contract" means a written agreement, contract, or series of contracts to sell or otherwise provide any funeral services, funeral goods, or any combination thereof to be used in connection with the funeral or final disposition of a dead human body, where payment for the goods or services is made either outright or on an installment basis, prior to the death of the person purchasing the goods or services or for whom the goods or services are purchased. "Preneed funeral contract" does not include any preneed cemetery merchandise and services contract or any agreement, contract, or series of contracts pertaining to the sale of any burial lot, burial or interment right, entombment right, or columbarium right with respect to which an endowment care fund is established or is exempt from establishment pursuant to section 1721.21 of the Revised Code.
For the purposes of division (T) of this section, "funeral goods" includes caskets.
(U) "Purchaser" means the individual who has purchased and financed a preneed funeral contract, and who may or may not be the contract beneficiary.
(V) "Contract beneficiary" means the individual for whom funeral goods and funeral services are provided pursuant to a preneed funeral contract.
(W) "Seller" means any person that enters into a preneed funeral contract with a purchaser for the provision of funeral goods, funeral services, or both.
(X) "Hydrolysis" means the technical process of using heat, water, potassium hydroxide or an alternate alkaline solution, and pressure, agitation, or both, to dissolve human tissue within a hydrolysis container and reduce human remains to bone fragments. "Hydrolysis" includes the processing and may include the pulverization of bone fragments.
(Y) "Hydrolysis facility" means the physical location at which a hydrolysis chamber is located and the hydrolysis process takes place.
(Z) "Hydrolysis chamber" means the enclosed container within which hydrolysis takes place.
(AA) "Hydrolyzed remains" means all human or animal remains recovered after the completion of the hydrolysis process, which may include the residue of any foreign matter that was hydrolyzed with such remains.
(BB) "Operator of a hydrolysis facility" means the sole proprietorship, partnership, corporation, limited liability company, or other business entity responsible for the overall operation of a hydrolysis facility.
Sec. 4717.04.  (A) The board of embalmers and funeral directors shall adopt rules in accordance with Chapter 119. of the Revised Code for the government, transaction of the business, and the management of the affairs of the board of embalmers and funeral directors and the crematory review board, and for the administration and enforcement of this chapter. These rules shall include all of the following:
(1) The nature, scope, content, and form of the application that must be completed and license examination that must be passed in order to receive an embalmer's license or a funeral director's license under section 4717.05 of the Revised Code. The rules shall ensure both of the following:
(a) That the embalmer's license examination tests the applicant's knowledge through at least a comprehensive section and an Ohio laws section;
(b) That the funeral director's license examination tests the applicant's knowledge through at least a comprehensive section, an Ohio laws section, and a sanitation section.
(2) The minimum license examination score necessary to be licensed under section 4717.05 of the Revised Code as an embalmer or as a funeral director;
(3) Procedures for determining the dates of the embalmer's and funeral director's license examinations, which shall be administered at least once each year, the time and place of each examination, and the supervision required for each examination;
(4) Procedures for determining whether the board shall accept an applicant's compliance with the licensure, registration, or certification requirements of another state as grounds for granting the applicant a license under this chapter;
(5) A determination of whether completion of a nationally recognized embalmer's or funeral director's examination sufficiently meets the license requirements for the comprehensive section of either the embalmer's or the funeral director's license examination administered under this chapter;
(6) Continuing education requirements for licensed embalmers and funeral directors;
(7) Requirements for the licensing and operation of funeral homes;
(8) Requirements for the licensing and operation of embalming facilities;
(9) A schedule that lists, and specifies a forfeiture commensurate with, each of the following types of conduct which, for the purposes of division (A)(9) of this section and section 4717.15 of the Revised Code, are violations of this chapter:
(a) Obtaining a license under this chapter by fraud or misrepresentation either in the application or in passing the required examination for the license;
(b) Purposely violating any provision of sections 4717.01 to 4717.15 of the Revised Code or a rule adopted under any of those sections; division (A) or (B) of section 4717.23; division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions (H) to (K) of section 4717.26; division (D)(1) of section 4717.27; or divisions (A) to (C) of section 4717.28 of the Revised Code;
(c) Committing unprofessional conduct;
(d) Knowingly permitting an unlicensed person, other than a person serving an apprenticeship, to engage in the profession or business of embalming or funeral directing under the licensee's supervision;
(e) Refusing to promptly submit the custody of a dead human body upon the express order of the person legally entitled to the body;
(f) Transferring a license to operate a funeral home, embalming facility, or crematory facility, or hydrolysis facility from one owner or operator to another, or from one location to another, without notifying the board;
(g) Misleading the public using false or deceptive advertising.
Each instance of the commission of any of the types of conduct described in divisions (A)(9)(a), (b), (c), (d), (e), (f), and (g) of this section is a separate violation. The rules adopted under division (A)(9) of this section shall establish the amount of the forfeiture for a violation of each of those divisions. The forfeiture for a first violation shall not exceed five thousand dollars, and the forfeiture for a second or subsequent violation shall not exceed ten thousand dollars. The amount of the forfeiture may differ among the types of violations according to what the board considers the seriousness of each violation.
(10) Requirements for the licensing and operation of crematory facilities;
(11) Requirements for the licensing and operation of hydrolysis facilities;
(12) Procedures for the issuance of duplicate licenses;
(12)(13) Requirements for criminal records checks of applicants under section 4776.03 of the Revised Code.
(B) The board may adopt rules governing the educational standards for licensure as an embalmer or funeral director and the standards of service and practice to be followed in embalming and funeral directing and in the operation of funeral homes, embalming facilities, and crematory facilities, and hydrolysis facilities in this state.
(C) Nothing in this chapter authorizes the board of embalmers and funeral directors to regulate cemeteries, except that the board shall license and regulate crematories crematory facilities and hydrolysis facilities located at cemeteries in accordance with this chapter.
Sec. 4717.05.  (A) Any person who desires to be licensed as an embalmer shall apply to the board of embalmers and funeral directors on a form provided by the board. The applicant shall include with the application an initial license fee as set forth in section 4717.07 of the Revised Code and evidence, verified by oath and satisfactory to the board, that the applicant meets all of the following requirements:
(1) The applicant is at least eighteen years of age and of good moral character.
(2) If the applicant has pleaded guilty to, has been found by a judge or jury to be guilty of, or has had a judicial finding of eligibility for treatment in lieu of conviction entered against the applicant in this state for aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary, or has pleaded guilty to, has been found by a judge or jury to be guilty of, or has had a judicial finding of eligibility for treatment in lieu of conviction entered against the applicant in another jurisdiction for a substantially equivalent offense, at least five years has elapsed since the applicant was released from incarceration, a community control sanction, a post-release control sanction, parole, or treatment in connection with the offense.
(3) The applicant holds at least a bachelor's degree from a college or university authorized to confer degrees by the Ohio board of regents or the comparable legal agency of another state in which the college or university is located and submits an official transcript from that college or university with the application.
(4) The applicant has satisfactorily completed at least twelve months of instruction in a prescribed course in mortuary science as approved by the board and has presented to the board a certificate showing successful completion of the course. The course of mortuary science college training may be completed either before or after the completion of the educational standard set forth in division (A)(3) of this section.
(5) The applicant has registered with the board prior to beginning an embalmer apprenticeship.
(6) The applicant has satisfactorily completed at least one year of apprenticeship under an embalmer licensed in this state and has assisted that person in embalming at least twenty-five dead human bodies.
(7) The applicant, upon meeting the educational standards provided for in divisions (A)(3) and (4) of this section and completing the apprenticeship required in division (A)(6) of this section, has completed the examination for an embalmer's license required by the board.
(B) Upon receiving satisfactory evidence verified by oath that the applicant meets all the requirements of division (A) of this section, the board shall issue the applicant an embalmer's license.
(C) Any person who desires to be licensed as a funeral director shall apply to the board on a form provided by the board. The application shall include an initial license fee as set forth in section 4717.07 of the Revised Code and evidence, verified by oath and satisfactory to the board, that the applicant meets all of the following requirements:
(1) Except as otherwise provided in division (D) of this section, the applicant has satisfactorily met all the requirements for an embalmer's license as described in divisions (A)(1) to (4) of this section.
(2) The applicant has registered with the board prior to beginning a funeral director apprenticeship.
(3) The applicant, following mortuary science college training described in division (A)(4) of this section, has satisfactorily completed a one-year apprenticeship under a licensed funeral director in this state and has assisted that person in directing at least twenty-five funerals.
(4) The applicant has satisfactorily completed the examination for a funeral director's license as required by the board.
(D) In lieu of mortuary science college training required for a funeral director's license under division (C)(1) of this section, the applicant may substitute a satisfactorily completed two-year apprenticeship under a licensed funeral director in this state assisting that person in directing at least fifty funerals.
(E) Upon receiving satisfactory evidence that the applicant meets all the requirements of division (C) of this section, the board shall issue to the applicant a funeral director's license.
(F) A funeral director or embalmer may request the funeral director's or embalmer's license be placed on inactive status by submitting to the board a form prescribed by the board and such other information as the board may request. A funeral director or embalmer may not place the funeral director's or embalmer's license on inactive status unless the funeral director or embalmer is in good standing with the board and is in compliance with applicable continuing education requirements. A funeral director or embalmer who is granted inactive status is prohibited from participating in any activity for which a funeral director's or embalmer's license is required in this state. A funeral director or embalmer who has been granted inactive status is exempt from the continuing education requirements under section 4717.09 of the Revised Code during the period of the inactive status.
(G) A funeral director or embalmer who has been granted inactive status may not return to active status for at least two years following the date that the inactive status was granted. Following a period of at least two years of inactive status, the funeral director or embalmer may apply to return to active status upon completion of all of the following conditions:
(1) The funeral director or embalmer files with the board a form prescribed by the board seeking active status and provides any other information as the board may request;
(2) The funeral director or embalmer takes and passes the Ohio laws examination for each license being activated;
(3) The funeral director or embalmer pays a reactivation fee to the board in the amount of one hundred forty dollars for each license being reactivated.
(H) As used in this section:
(1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(2) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code.
Sec. 4717.06.  (A)(1) Any person who desires to obtain a license to operate a funeral home, embalming facility, or crematory facility, or hydrolysis facility shall apply to the board of embalmers and funeral directors on a form provided by the board. The application shall include the initial license fee set forth in section 4717.07 of the Revised Code and proof satisfactory to the board that the funeral home, embalming facility, or crematory facility, or hydrolysis facility is in compliance with rules adopted by the board under section 4717.04 of the Revised Code, rules adopted by the board of building standards under Chapter 3781. of the Revised Code, and all other federal, state, and local requirements relating to the safety of the premises.
(2) If the funeral home, embalming facility, or crematory facility, or hydrolysis facility to which the license application pertains is owned by a corporation or limited liability company, the application shall include the name and address of the corporation's or limited liability company's statutory agent appointed under section 1701.07 or 1705.06 of the Revised Code or, in the case of a foreign corporation, the corporation's designated agent appointed under section 1703.041 of the Revised Code. If the funeral home, embalming facility, or crematory facility, or hydrolysis facility to which the application pertains is owned by a partnership, the application shall include the name and address of each of the partners. If, at any time after the submission of a license application or issuance of a license, the statutory or designated agent of a corporation or limited liability company owning a funeral home, embalming facility, or crematory facility, or hydrolysis facility or the address of the statutory or designated agent changes or, in the case of a partnership, any of the partners of the funeral home, embalming facility, or crematory facility, or hydrolysis facility or the address of any of the partners changes, the applicant for or holder of the license to operate the funeral home, embalming facility, or crematory facility, or hydrolysis facility shall submit written notice to the board, within thirty days after the change, informing the board of the change and of any name or address of a statutory or designated agent or partner that has changed from that contained in the application for the license or the most recent notice submitted under division (A)(2) of this section.
(B)(1) The board shall issue a license to operate a funeral home only for the address at which the funeral home is operated. The funeral home license and licenses of the embalmers and funeral directors employed by the funeral home shall be displayed in a conspicuous place within the funeral home.
(2) The funeral home shall have on the premises one of the following:
(a) If embalming will take place at the funeral home, an embalming room that is adequately equipped and maintained. The embalming room shall be kept in a clean and sanitary manner and used only for the embalming, preparation, or holding of dead human bodies. The embalming room shall contain only the articles, facilities, and instruments necessary for those purposes.
(b) If embalming will not take place at the funeral home, a holding room that is adequately equipped and maintained. The holding room shall be kept in a clean and sanitary manner and used only for the preparation, other than embalming, and holding of dead human bodies. The holding room shall contain only the articles and facilities necessary for those purposes.
(3) Except as provided in division (B) of section 4717.11 of the Revised Code, a funeral home shall be established and operated only under the name of a holder of a funeral director's license issued by the board who is actually in charge of and ultimately responsible for the funeral home, and a funeral home license shall not include directional or geographical references in the name of the funeral home. The holder of the funeral home license shall be a funeral director licensed under this chapter who is actually in charge of and ultimately responsible for the funeral home. Nothing in division (B)(3) of this section prohibits the holder of a funeral home license from including directional or geographical references in promotional or advertising materials identifying the location of the funeral home.
(4) Each funeral home shall be directly supervised by a funeral director licensed under this chapter, who shall supervise only one funeral home.
(C)(1) The board shall issue a license to operate an embalming facility only for the address at which the embalming facility is operated. The license shall be displayed in a conspicuous place within the facility.
(2) The embalming facility shall be adequately equipped and maintained in a sanitary manner. The embalming room at such a facility shall contain only the articles, facilities, and instruments necessary for its stated purpose. The embalming room shall be kept in a clean and sanitary condition and used only for the care and preparation of dead human bodies.
(3) An embalming facility license shall be issued only to an embalmer licensed under division (B) of section 4717.05 of the Revised Code, who is actually in charge of the facility.
(D)(1) The board shall issue a license to operate a crematory facility only for the address at which the crematory facility is located and operated. The license shall be displayed in a conspicuous place within the crematory facility.
(2) The crematory facility shall be adequately equipped and maintained in a clean and sanitary manner. The crematory shall contain only the articles, facilities, and instruments necessary for carrying out the business of the crematory. The crematory shall contain a separate area for the performance of cremation and pulverization of dead human bodies, human body parts, and animals. The crematory facility may be located in a funeral home, embalming facility, cemetery building, hydrolysis facility, or other building in which the crematory facility may lawfully operate. If a crematory facility engages in the cremation of animals, the crematory facility shall cremate animals in a cremation chamber that also is not used to cremate dead human bodies or human body parts and shall not cremate animals in a cremation chamber used for the cremation of dead human bodies and human body parts. Cremation chambers that are used for the cremation of dead human bodies or human body parts and cremation chambers used for the cremation of animals may be located in the same area.
(3) A license to operate a crematory facility shall be issued to a the person actually in charge of the crematory facility. This section does not require the individual who is actually in charge of the crematory facility to be an embalmer or funeral director licensed under this chapter.
(4) Nothing in this section or rules adopted under section 4717.04 of the Revised Code precludes the establishment and operation of a crematory facility on or adjacent to the property on which a cemetery, funeral home, or embalming facility, or hydrolysis facility is located.
(E)(1) The board shall issue a license to operate a hydrolysis facility only for the address at which the hydrolysis facility is located and operated. The license shall be displayed in a conspicuous place within the hydrolysis facility.
(2) The hydrolysis facility shall be adequately equipped and maintained in a clean and sanitary manner. The hydrolysis facility may be located in a funeral home, embalming facility, cemetery building, crematory facility, or other building in which the hydrolysis facility may lawfully operate. If the hydrolysis facility engages in the hydrolysis of animals, the hydrolysis facility shall hydrolyze animals in a hydrolysis chamber that is not also used to hydrolyze dead human bodies or human body parts and shall not hydrolyze animals in a hydrolysis chamber used for the hydrolysis of dead human bodies and human body parts. Hydrolysis chambers that are used for the hydrolysis for dead human bodies or human body parts and the hydrolysis chambers used for the hydrolysis of animals may be located in the same area.
(3) A license to operate a licensed hydrolysis facility shall be issued to the person actually in charge of the hydrolysis facility. This section does not require the person in charge of the hydrolysis facility to be an embalmer or funeral director licensed under this chapter.
(4) Nothing in this chapter or rules adopted under section 4717.04 of the Revised Code precludes the establishment and operation of a hydrolysis facility on or adjacent to the property on which a cemetery, funeral home, embalming facility, or crematory facility is located.
Sec. 4717.07.  (A) The board of embalmers and funeral directors shall charge and collect the following fees:
(1) For the initial issuance or biennial renewal of an embalmer's or funeral director's license, one hundred forty dollars;
(2) For the issuance of an embalmer or funeral director registration, twenty-five dollars;
(3) For filing an embalmer or funeral director certificate of apprenticeship, ten dollars;
(4) For the application to take the examination for a license to practice as an embalmer or funeral director, or to retake a section of the examination, thirty-five dollars;
(5) For the initial issuance of a license to operate a funeral home, two hundred fifty dollars and biennial renewal of a license to operate a funeral home, two hundred fifty dollars;
(6) For the reinstatement of a lapsed embalmer's or funeral director's license, the renewal fee prescribed in division (A)(1) of this section plus fifty dollars for each month or portion of a month the license is lapsed until reinstatement;
(7) For the reinstatement of a lapsed license to operate a funeral home, the renewal fee prescribed in division (A)(5) of this section plus fifty dollars for each month or portion of a month the license is lapsed until reinstatement;
(8) For the initial issuance of a license to operate an embalming facility, two hundred dollars and biennial renewal of a license to operate an embalming facility, two hundred dollars;
(9) For the reinstatement of a lapsed license to operate an embalming facility, the renewal fee prescribed in division (A)(8) of this section plus fifty dollars for each month or portion of a month the license is lapsed until reinstatement;
(10) For the initial issuance of a license to operate a crematory facility, two hundred dollars and biennial renewal of a license to operate a crematory facility, two hundred dollars;
(11) For the reinstatement of a lapsed license to operate a crematory facility, the renewal fee prescribed in division (A)(10) of this section plus fifty dollars for each month or portion of a month the license is lapsed until reinstatement;
(12) For the initial issuance for a license to operate a hydrolysis facility, two hundred dollars and biennial renewal of a license to operate a hydrolysis facility, two hundred dollars;
(13) For the reinstatement of a lapsed license to operate a hydrolysis facility, the renewal fee prescribed in division (A)(12) of this section plus fifty dollars for each month or portion of a month the license has lapsed until reinstatement;
(14) For the issuance of a duplicate of a license issued under this chapter, four dollars.
(B) In addition to the fees set forth in division (A) of this section, an applicant shall pay the examination fee assessed by any examining agency the board uses for any section of an examination required under this chapter.
(C) Subject to the approval of the controlling board, the board of embalmers and funeral directors may establish fees in excess of the amounts set forth in this section, provided that these fees do not exceed the amounts set forth in this section by more than fifty per cent.
Sec. 4717.08.  (A) Every license issued under this chapter expires on the last day of December of each even-numbered year and shall be renewed on or before that date according to the standard license renewal procedure set forth in Chapter 4745. of the Revised Code. Licenses not renewed by the last day of December of each even-numbered year are lapsed.
(B) A holder of a lapsed license to operate a funeral home, license to operate an embalming facility, or license to operate a crematory facility, or license to operate a hydrolysis facility may reinstate the license with the board by paying the lapsed license fee established under section 4717.07 of the Revised Code.
(C) A holder of a lapsed embalmer's or funeral director's license may reinstate the license with the board by paying the lapsed license fee established under section 4717.07 of the Revised Code, except that if the license is lapsed for more than one hundred eighty days after its expiration date, the holder also shall take and pass the Ohio laws examination for each license as a condition for reinstatement.
Sec. 4717.10.  (A) The board of embalmers and funeral directors may recognize licenses issued to embalmers and funeral directors by other states, and upon presentation of such licenses, may issue to the holder an embalmer's or funeral director's license under this chapter. The board shall charge the same fee as prescribed in section 4717.07 of the Revised Code to issue or renew such an embalmer's or funeral director's license. Such licenses shall be renewed annually as provided in section 4717.08 of the Revised Code. The board shall not issue a license to any person under this section unless the applicant proves that the applicant, in the state in which the applicant is licensed, has complied with requirements substantially equal to those established in section 4717.05 of the Revised Code.
(B) The board of embalmers and funeral directors may issue courtesy cards. A courtesy cardholder shall be authorized to undertake both the following acts in this state:
(1) Prepare and complete those sections of a death certificate and other permits needed for disposition of deceased human remains in this state and sign and file such death certificates and permits;
(2) Supervise and conduct funeral ceremonies and interments in this state.
(C) The board of embalmers and funeral directors may determine under what conditions a courtesy card may be issued to funeral directors in bordering states after taking into account whether and under what conditions and fees such border states issue similar courtesy cards to funeral directors licensed in this state. Applicants for courtesy cards shall apply on forms prescribed by the board, pay an annual fee set by the board for initial applications and renewals, and adhere to such other requirements imposed by the board on courtesy cardholders.
(D) No courtesy cardholder shall be authorized to undertake any of the following activities in this state:
(1) Arranging funerals or disposition services with members of the public in this state;
(2) Be employed by or under contract to a funeral home licensed in this state to perform funeral services in this state;
(3) Advertise funeral or disposition services in this state;
(4) Enter into or execute funeral or disposition contracts in this state;
(5) Prepare or embalm deceased human remains in this state;
(6) Arrange for or carry out the disinterment of human remains in this state.
(E) As used in this section, "courtesy card" means a special permit that may be issued to a funeral director licensed in a state that borders this state and who does not hold a funeral director's license under this chapter.
Sec. 4717.11.  (A) A person who is licensed to operate a funeral home shall obtain a new license upon any change in location of the funeral home or any change in ownership of the funeral business that owns the funeral home that results in a majority of the ownership of the funeral business being held by one or more persons who solely or in combination with others did not own a majority of the funeral business immediately prior to the change in ownership. The person licensed to operate the funeral home shall surrender the current license to the board within thirty days after any such change occurs. If a funeral home is sold, the new owner funeral director who will be actually in charge and ultimately responsible for the funeral home shall apply for a license within thirty days after the date of the closing of the purchase of the funeral home. Upon the filing of an application for a funeral home license by a licensed funeral director, the funeral home may continue to operate until the board denies the funeral home's application.
(B) When the funeral director who is licensed to operate a funeral home dies or otherwise ceases to operate the home because of death, resignation, employment termination, sale of the funeral home, or any other reason, the funeral home may continue to operate under that person's name, provided that the name of the new person licensed to operate the funeral home is added to the license within twenty-four months after the previous license holder dies or otherwise ceases to operate the funeral home. The new licensee shall meet the requirements of section 4717.06 of the Revised Code.
(C) A person who is licensed to operate an embalming facility shall obtain a new license upon any change in location of the embalming facility or any change in ownership of the business entity that owns the embalming facility that results in a majority of the ownership of the business entity being held by one or more persons who solely or in combination with others did not own a majority of the business entity immediately prior to the change in ownership. The person licensed to operate the facility shall surrender the current license to the board within thirty days after any such change occurs.
(D) A person who is licensed to operate a crematory facility shall obtain a new license upon any change in location of the crematory facility or any change in ownership of the business entity operating the facility that results in a majority of the ownership of the business entity being held by one or more persons who solely or in combination with others did not own a majority of the business entity immediately prior to the change in ownership. The person licensed to operate the crematory facility shall surrender the current license to the board within thirty days after any such change occurs.
(E) A person who is licensed to operate a hydrolysis facility shall obtain a new license upon any change in the location of the hydrolysis facility or any change in the ownership of the business entity operating the facility that results in a majority of the ownership of the business entity being held by one or more persons who solely or in combination with others did not own a majority of the business entity immediately before the change in ownership. The person licensed to operate the hydrolysis facility shall surrender the current license to the board within thirty days after any such change occurs.
Sec. 4717.12.  (A) The following persons are exempt from the provisions of this chapter:
(1) An officer or employee of the department of health or any board of health, who, in compliance with rules or orders of the department of health or board of health, is preparing the body of a person whose death was caused by a virulent communicable disease;
(2) An officer, employee, or licensed physician of a medical college, when any of these are acting on behalf of a medical college;
(3) Any person carrying out sections 1713.34 to 1713.39 of the Revised Code, prescribing the conditions under which the bodies of indigent persons are held subject for anatomical study;
(4) Any person licensed in another state as a funeral director or embalmer who is assisting a funeral director or embalmer licensed under this chapter during a disaster or an emergency in the state that has been declared by this state or a political subdivision.
(B) This chapter does not prevent or interfere with any of the following:
(1) The ceremonies, customs, religious rights, or religion of any people, denomination, or sect;
(2) Any religious denomination or sect, or any body composed of members of a denomination;
(3) Any church or synagogue committee in preparing dead human bodies for burial;
(4) The conducting of funerals and the burial of dead human bodies in accordance with the ceremonies or rights described in division (B) of this section without the use, employment, or supervision of a licensed embalmer or funeral director, except when the body is that of a person whose death was caused by a virulent communicable disease, in which case the rules of the department of health or board of health having territorial jurisdiction shall apply.
Sec. 4717.13.  (A) No person shall do any of the following:
(1) Engage in the business or profession of funeral directing unless the person is licensed as a funeral director under this chapter, is certified as an apprentice funeral director in accordance with rules adopted under section 4717.04 of the Revised Code and is assisting a funeral director licensed under this chapter, or is a student in a college of mortuary sciences approved by the board and is under the direct supervision of a funeral director licensed by the board;
(2) Engage in embalming unless the person is licensed as an embalmer under this chapter, is certified as an apprentice embalmer in accordance with rules adopted under section 4717.04 of the Revised Code and is assisting an embalmer licensed under this chapter, or is a student in a college of mortuary science approved by the board and is under the direct supervision of an embalmer licensed by the board;
(3) Advertise or otherwise offer to provide or convey the impression that the person provides funeral directing services unless the person is licensed as a funeral director under this chapter and is employed by or under contract to a licensed funeral home and performs funeral directing services for that funeral home in a manner consistent with the advertisement, offering, or conveyance;
(4) Advertise or otherwise offer to provide or convey the impression that the person provides embalming services unless the person is licensed as an embalmer under this chapter and is employed by or under contract to a licensed funeral home or a licensed embalming facility and performs embalming services for the funeral home or embalming facility in a manner consistent with the advertisement, offering, or conveyance;
(5) Operate a funeral home without a license to operate the funeral home issued by the board under this chapter;
(6) Practice the business or profession of funeral directing from any place except from a funeral home that a person is licensed to operate under this chapter;
(7) Practice embalming from any place except from a funeral home or embalming facility that a person is licensed to operate under this chapter;
(8) Operate a crematory facility or perform cremation without a license to operate the crematory facility issued under this chapter;
(9) Cremate animals in a cremation chamber in which dead human bodies or body parts are cremated or cremate dead human bodies or human body parts in a cremation chamber in which animals are cremated;
(10) Operate a hydrolysis facility or perform hydrolysis without a license to operate the hydrolysis facility issued under this chapter;
(11) Hydrolyze animals in a hydrolysis chamber in which dead human bodies or human body parts are hydrolyzed or hydrolyze dead human bodies or human body parts in a hydrolysis chamber in which animals are hydrolyzed.
(B) No funeral director or other person in charge of the final disposition of a dead human body shall fail to do one of the following prior to the interment of the body:
(1) Affix to the ankle or wrist of the deceased a tag encased in a durable and long-lasting material that contains the name, date of birth, date of death, and social security number of the deceased;
(2) Place in the casket a capsule containing a tag bearing the information described in division (B)(1) of this section;
(3) If the body was cremated or hydrolyzed, place in the vessel containing the cremated or hydrolyzed remains a tag bearing the information described in division (B)(1) of this section.
(C) No person who holds a funeral home license for a funeral home that is closed, or that is owned by a funeral business in which changes in the ownership of the funeral business result in a majority of the ownership of the funeral business being held by one or more persons who solely or in combination with others did not own a majority of the funeral business immediately prior to the change in ownership, shall fail to submit to the board within thirty days after the closing or such a change in ownership of the funeral business owning the funeral home, a clearly enumerated account of all of the following from which the licensee, at the time of the closing or change in ownership of the funeral business and in connection with the funeral home, was to receive payment for providing funeral services, funeral goods, or any combination of those in connection with the funeral or final disposition of a dead human body:
(1) Preneed funeral contracts governed by sections 4717.31 to 4717.38 of the Revised Code;
(2) Life insurance policies or annuities the benefits of which are payable to the provider of funeral or burial goods or services;
(3) Accounts at banks or savings banks insured by the federal deposit insurance corporation, savings and loan associations insured by the federal savings and loan insurance corporation or the Ohio deposit guarantee fund, or credit unions insured by the national credit union administration or a credit union share guaranty corporation organized under Chapter 1761. of the Revised Code that are payable upon the death of the person for whose benefit deposits into the accounts were made.
Sec. 4717.14.  (A) The board of embalmers and funeral directors may refuse to grant or renew, or may suspend or revoke, any license issued under this chapter for any of the following reasons:
(1) The license was obtained by fraud or misrepresentation either in the application or in passing the examination.
(2) The applicant or licensee has been convicted of or has pleaded guilty to a felony or of any crime involving moral turpitude.
(3) The applicant or licensee has purposely violated any provision of sections 4717.01 to 4717.15 or a rule adopted under any of those sections; division (A) or (B) of section 4717.23; division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions (H) to (K) of section 4717.26; division (D)(1) of section 4717.27; or divisions (A) to (C) of section 4717.28 of the Revised Code; any rule or order of the department of health or a board of health of a health district governing the disposition of dead human bodies; or any other rule or order applicable to the applicant or licensee.
(4) The applicant or licensee has committed immoral or unprofessional conduct.
(5) The applicant or licensee knowingly permitted an unlicensed person, other than a person serving an apprenticeship, to engage in the profession or business of embalming or funeral directing under the applicant's or licensee's supervision.
(6) The applicant or licensee has been habitually intoxicated, or is addicted to the use of morphine, cocaine, or other habit-forming or illegal drugs.
(7) The applicant or licensee has refused to promptly submit the custody of a dead human body upon the express order of the person legally entitled to the body.
(8) The licensee loaned the licensee's own license, or the applicant or licensee borrowed or used the license of another person, or knowingly aided or abetted the granting of an improper license.
(9) The applicant or licensee transferred a license to operate a funeral home, embalming facility, or crematory facility, or hydrolysis facility from one owner or operator to another, or from one location to another, without notifying the board.
(10) The applicant or licensee mislead misled the public by using false or deceptive advertising.
(B)(1) The board of embalmers and funeral directors shall refuse to grant or renew, or shall suspend or revoke, an embalmer's, funeral director's, funeral home, or embalming facility license only in accordance with Chapter 119. of the Revised Code.
(2) The board shall send to the crematory review board written notice that it proposes to refuse to issue or renew, or proposes to suspend or revoke, a license to operate a crematory facility or hydrolysis facility. If, after the conclusion of the adjudicatory hearing on the matter conducted under division (E) of section 4717.03 of the Revised Code, the board of embalmers and funeral directors finds that any of the circumstances described in divisions (A)(1) to (10) of this section apply to the person named in its proposed action, the board may issue a final order under division (E) of section 4717.03 of the Revised Code refusing to issue or renew, or suspending or revoking, the person's license to operate a crematory facility or hydrolysis facility.
(C) If the board of embalmers and funeral directors determines that there is clear and convincing evidence that any of the circumstances described in divisions (A)(1) to (10) of this section apply to the holder of a license issued under this chapter and that the licensee's continued practice presents a danger of immediate and serious harm to the public, the board may suspend the licensee's license without a prior adjudicatory hearing. The executive director of the board shall prepare written allegations for consideration by the board.
The board, after reviewing the written allegations, may suspend a license without a prior hearing.
The board shall issue a written order of suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. Such an order is not subject to suspension by the court during the pendency of any appeal filed under section 119.12 of the Revised Code. If the holder of an embalmer's, funeral director's, funeral home, or embalming facility license requests an adjudicatory hearing by the board, the date set for the hearing shall be within fifteen days, but not earlier than seven days, after the licensee has requested a hearing, unless the board and the licensee agree to a different time for holding the hearing.
Upon issuing a written order of suspension to the holder of a license to operate a crematory facility or hydrolysis facility, the board of embalmers and funeral directors shall send written notice of the issuance of the order to the crematory review board. The crematory review board shall hold an adjudicatory hearing on the order under division (E) of section 4717.03 of the Revised Code within fifteen days, but not earlier than seven days, after the issuance of the order, unless the crematory review board and the licensee agree to a different time for holding the adjudicatory hearing.
Any summary suspension imposed under this division shall remain in effect, unless reversed on appeal, until a final adjudicatory order issued by the board of embalmers and funeral directors pursuant to this division and Chapter 119. of the Revised Code, or division (E) of section 4717.03 of the Revised Code, as applicable, becomes effective. The board of embalmers and funeral directors shall issue its final adjudicatory order within sixty days after the completion of its hearing or, in the case of the summary suspension of a license to operate a crematory facility or hydrolysis facility, within sixty days after completion of the adjudicatory hearing by the crematory review board. A failure to issue the order within that time results in the dissolution of the summary suspension order, but does not invalidate any subsequent final adjudicatory order.
(D) If the board of embalmers and funeral directors suspends or revokes a license held by a funeral director or a funeral home for any reason identified in division (A) of this section, the board may file a complaint with the court of common pleas in the county where the violation occurred requesting appointment of a receiver and the sequestration of the assets of the funeral home that held the suspended or revoked license or the licensed funeral home that employs the funeral director that held the suspended or revoked license. If the court of common pleas is satisfied with the application for a receivership, the court may appoint a receiver.
The board or a receiver may employ and procure whatever assistance or advice is necessary in the receivership or liquidation and distribution of the assets of the funeral home, and, for that purpose, may retain officers or employees of the funeral home as needed. All expenses of the receivership or liquidation shall be paid from the assets of the funeral home and shall be a lien on those assets, and that lien shall be a priority to any other lien.
(E) Any holder of a license issued under this chapter who has pleaded guilty to, has been found by a judge or jury to be guilty of, or has had a judicial finding of eligibility for treatment in lieu of conviction entered against the individual in this state for aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary, or who has pleaded guilty to, has been found by a judge or jury to be guilty of, or has had a judicial finding of eligibility for treatment in lieu of conviction entered against the individual in another jurisdiction for any substantially equivalent criminal offense, is hereby suspended from practice under this chapter by operation of law, and any license issued to the individual under this chapter is hereby suspended by operation of law as of the date of the guilty plea, verdict or finding of guilt, or judicial finding of eligibility for treatment in lieu of conviction, regardless of whether the proceedings are brought in this state or another jurisdiction. The board shall notify the suspended individual of the suspension of the individual's license by the operation of this division by certified mail or in person in accordance with section 119.07 of the Revised Code. If an individual whose license is suspended under this division fails to make a timely request for an adjudicatory hearing, the board shall enter a final order revoking the license.
(F) No person whose license has been suspended or revoked under or by the operation of this section shall practice embalming or funeral directing or operate a funeral home, embalming facility, or crematory facility, or hydrolysis facility until the board has reinstated the person's license.
Sec. 4717.20.  As used in sections 4717.20 to 4717.30 of the Revised Code:
(A) "Alternative container" means a receptacle, other than a casket, in which a dead human body or body parts are transported to a crematory facility and placed in the cremation chamber for cremation, and that meets all of the following requirements:
(1) Is composed of readily combustible materials that are suitable for cremation;
(2) May be closed in order to provide a complete covering for the dead human body or body parts;
(3) Is resistant to leakage or spillage;
(4) Is sufficiently rigid to be handled readily;
(5) Provides protection for the health and safety of crematory personnel.
(B) "Authorizing agent" means the person or persons identified in section 4717.21 or 4717.22 of the Revised Code who are entitled to order the cremation or hydrolysis of a decedent or body parts and to order the final disposition of the cremated or hydrolyzed remains of a decedent or body parts.
(C) "Body parts" means limbs or other portions of the anatomy that are removed from a living person for medical purposes during biopsy, treatment, or surgery. "Body parts" also includes dead human bodies that have been donated to science for purposes of medical education or research and any parts of such a dead human body that were removed for those purposes.
(D) "Burial or burial-transit permit" means a burial permit or burial-transit permit issued under section 3705.17 of the Revised Code or the laws of another state that are substantially similar to that section.
(E) "Casket" means a rigid container that is designed for the encasement of a dead human body and that is constructed of wood, metal, or another rigid material, is ornamented and lined with fabric, and may or may not be combustible.
(F) "Temporary container" means a receptacle for cremated or hydrolyzed remains composed of cardboard, plastic, metal, or another material that can be closed in a manner that prevents the leakage or spillage of the cremated such remains and the entrance of foreign material, and that is of sufficient size to hold the cremated such remains until they are placed in an urn or scattered.
(G) "Urn" means a receptacle designed to encase cremated or hydrolyzed remains permanently.
Sec. 4717.21.  (A) Any person, on an antemortem basis, may serve as the person's own authorizing agent, authorize the person's own cremation or hydrolysis, and specify the arrangements for the final disposition of the person's own cremated or hydrolyzed remains by executing an antemortem cremation authorization form. A guardian, custodian, or other personal representative who is authorized by law or contract to do so on behalf of a person, on an antemortem basis, may authorize the cremation or hydrolysis of the person and specify the arrangements for the final disposition of the person's cremated or hydrolyzed remains by executing an antemortem cremation authorization form on the person's behalf. Any such antemortem cremation authorization form also shall be signed by one witness. The original copy of the executed authorization form shall be sent to the operator of the crematory or hydrolysis facility being authorized to conduct the cremation or hydrolysis, and a copy shall be retained by the person who executed the authorization form. The person who executed an antemortem cremation authorization form may revoke the authorization at any time by providing written notice of the revocation to the operator of the crematory or hydrolysis facility named in the authorization form. The person who executed the authorization form may transfer the authorization to another crematory or hydrolysis facility by providing written notice to the operator of the crematory such facility named in the original authorization of the revocation of the authorization and, in accordance with this division, executing a new antemortem cremation authorization form authorizing the operator of another crematory facility to conduct the cremation or hydrolysis.
(B)(1) Each antemortem cremation authorization form shall specify the final disposition that is to be made of the cremated or hydrolyzed remains.
(2) Every antemortem cremation authorization form entered into on or after the effective date of this amendment shall specify the final disposition that is to be made of the remains and shall include a provision in substantially the following form:
NOTICE: Upon the death of the person who is the subject of this antemortem cremation authorization, the person holding the right of disposition under section 2108.70 or 2108.81 of the Revised Code may cancel the cremation or hydrolysis arrangements, modify the arrangements for the final disposition of the cremated or hydrolyzed remains, or make alternative arrangements for the final disposition of the decedent's body. However, the person executing this antemortem cremation authorization is encouraged to state his or her preferences as to the manner of final disposition in a declaration of the right of disposition pursuant to section 2108.72 of the Revised Code, including that the arrangements set forth in this form shall be followed.
(C)(1) Except as provided in division (C)(2) of this section, when the operator of a crematory or hydrolysis facility is in possession of a cremation an authorization form that has been executed on an antemortem basis in accordance with this section, the other conditions set forth in division (A) of section 4717.23 of the Revised Code have been met, the crematory facility has possession of the decedent to which the antemortem authorization pertains, and the crematory facility has received payment for the cremation or hydrolysis of the decedent and the final disposition of the cremated or hydrolyzed remains of the decedent or is otherwise assured of payment for those services, the crematory facility shall cremate or hydrolyze the decedent as directed and dispose of the cremated remains in accordance with the instructions contained in the antemortem cremation authorization form.
(2) A person with the right of disposition for a decedent under section 2108.70 or 2108.81 of the Revised Code who is not disqualified under section 2108.75 of the Revised Code may cancel the arrangements for the decedent's cremation or hydrolysis, modify the arrangements for the final disposition of the decedent's cremated or hydrolyzed remains, or make alternative arrangements for the final disposition of the decedent's body. If a person with the right takes any such action, the operator shall disregard the instructions contained in the cremation antemortem authorization form and follow the instructions of the person with the right.
(D) An antemortem cremation authorization form executed under division (A) of this section does not constitute a contract for conducting the cremation or hydrolysis of the person named in the authorization form or for the final disposition of the person's cremated or hydrolyzed remains. Despite the existence of such an antemortem cremation authorization, a person identified under division (A) of section 4717.22 of the Revised Code as being entitled to act as the authorizing agent with the right of disposition for the cremation of the a decedent named in the antemortem authorization, in the descending order of priority in which they are listed, under section 2108.70 or 2108.81 of the Revised Code may modify, in writing, the arrangements for the final disposition of the cremated or hydrolyzed remains of the decedent set forth in the authorization form or may cancel the cremation or hydrolysis and claim the decedent's body for purposes of making alternative arrangements for the final disposition of the decedent's body. The revocation of an antemortem cremation authorization form executed under division (A) of this section, or the cancellation of the cremation or hydrolysis of the person named in the antemortem authorization or modification of the arrangements for the final disposition of the person's cremated or hydrolyzed remains as authorized by this division, does not affect the validity or enforceability of any contract entered into for the cremation or hydrolysis of the person named in the antemortem authorization or for the final disposition of the person's cremated or hydrolyzed remains.
(E) Nothing in this section applies to any antemortem cremation authorization form executed prior to the effective date of this section. Any cemetery, funeral home, crematory facility, hydrolysis facility or other party may specify, with the written approval of the person who executed the antemortem authorization, that such an antemortem authorization is subject to sections 4717.21 to 4717.30 of the Revised Code.
Sec. 4717.22.  (A) The person who has the right of disposition under section 2108.70 or 2108.81 of the Revised Code may serve as an authorizing agent for the cremation or hydrolysis of a dead human body, including, without limitation, a dead human body that was donated to science for purposes of medical education or research.
(B) If body parts were removed from a living person, the person from whom the body parts were removed or the person who has the right of disposition under section 2108.70 or 2108.81 of the Revised Code may serve as the authorizing agent for the cremation or hydrolysis of the body parts.
(C) If body parts were removed from a decedent whose body was donated to science for purposes of medical education or research, the person who has the right of disposition under section 2108.70 or 2108.81 of the Revised Code may serve as the authorizing agent for the cremation or hydrolysis of the body parts. In the absence of any action by the person with the right of disposition with respect to the cremation or hydrolysis of such body parts, the medical education or research facility to which the decedent's body was donated may serve as the authorizing agent for the cremation or hydrolysis of such parts.
Sec. 4717.23.  (A) No operator of a crematory or hydrolysis facility shall cremate or hydrolyze, or allow the cremation or hydrolysis at a crematory the facility the operator is licensed to operate under this chapter, of a dead human body, other than one that was donated to science for purposes of medical education or research, until all of the following have occurred:
(1) A period of at least twenty-four hours has elapsed since the decedent's death as indicated on a complete, nonprovisional death certificate filed under section 3705.16 of the Revised Code or under the laws of another state that are substantially equivalent to that section, unless, if the decedent died from a virulent communicable disease, the department of health or board of health having territorial jurisdiction where the death of the decedent occurred requires by rule or order the cremation or hydrolysis to occur prior to the end of that period;
(2) The operator has received a burial or burial-transit permit that authorizes the cremation or hydrolysis of the decedent;
(3) The operator has received a completed cremation authorization form executed pursuant to section 4717.21 or 4717.24 of the Revised Code, as applicable, that authorizes the cremation or hydrolysis of the decedent. A blank cremation authorization form shall be provided by the operator and shall comply with section 4717.24 of the Revised Code and, if applicable, section 4717.21 of the Revised Code.
(4) The operator has received any other documentation required by this state or a political subdivision of this state.
(B) No operator of a crematory or hydrolysis facility shall cremate or hydrolyze, or allow the cremation or hydrolysis of, any body parts, including, without limitation, dead human bodies that were donated to science for purposes of medical research or education, at a crematory the facility the operator is licensed to operate in this state until both of the following have occurred:
(1) The operator has received a completed cremation authorization form executed pursuant to section 4717.25 of the Revised Code or, if the decedent has executed an antemortem cremation authorization form in accordance with section 4717.21 of the Revised Code and has donated the decedent's body to science for purposes of medical education or research, such an antemortem cremation authorization form;
(2) The operator has received any other documentation required by this state or a political subdivision of this state.
Sec. 4717.24.  (A) A cremation or hydrolysis authorization form authorizing the cremation or hydrolysis of a dead human body, other than one that was donated to science for purposes of medical education or research, shall include at least all of the following information and statements:
(1) The identity of A statement that the decedent has been identified in accordance with division (B) of this section;
(2) The name of the funeral director or other individual who obtained the burial or burial-transit permit authorizing the cremation or hydrolysis of the decedent;
(3) The name of the authorizing agent and the relationship of the authorizing agent to the decedent;
(4) A statement that the authorizing agent in fact has the right to authorize cremation or hydrolysis of the decedent and that the authorizing agent does not have actual knowledge of the existence of any living person who has a superior priority right to act as the authorizing agent under section 4717.22 of the Revised Code. If the person executing the cremation authorization form knows of another living person who has such a superior priority right, the authorization form shall include a statement indicating that the person executing the authorization form has made reasonable efforts to contact the person having the superior priority right and has been unable to do so and that the person executing the authorization form has no reason to believe that the person having the superior priority right would object to the cremation or hydrolysis of the decedent.
(5) A In the case of a cremation authorization form, a statement of whether the authorizing agent has actual knowledge of the presence in the decedent of a pacemaker, defibrillator, or any other mechanical or radioactive device or implant that poses a hazard to the health or safety of personnel performing the cremation;
(6) A In the case of a cremation authorization form, a statement indicating the crematory facility is to cremate the casket or alternative container in which the decedent was delivered to or accepted by the crematory facility;
(7) A In the case of a cremation authorization form, a statement of whether the crematory facility is authorized to simultaneously cremate the decedent in the same cremation chamber with one or more other decedents who were related to the decedent named in the cremation authorization form by consanguinity or affinity or who, at any time during the one-year period preceding the decedent's death, lived with the decedent in a common law marital relationship or otherwise cohabited with the decedent. A cremation authorization form executed under this section shall not authorize the simultaneous cremation of a decedent in the same cremation chamber with one or more other decedents except under the circumstances described in the immediately preceding sentence.
(8) The names of any persons designated by the authorizing agent to be present in the holding facility or cremation room or hydrolysis area prior to or during the cremation or hydrolysis of the decedent or during the removal of the cremated or hydrolyzed remains from the cremation or hydrolysis chamber;
(9) The authorization for the crematory or hydrolysis facility to cremate or hydrolyze the decedent and to process or pulverize the cremated or hydrolyzed remains as is the practice at the particular crematory facility;
(10) A In the case of a cremation authorization form, a statement of whether it is the crematory facility's practice to return all of the residue removed from the cremation chamber following the cremation or to separate and remove foreign matter from the residue before returning the cremated remains to the authorizing agent or the person designated on the authorization form to receive the cremated remains pursuant to division (A)(11) of this section;
(11) The name of the person who is to receive the cremated or hydrolyzed remains of the decedent from the crematory or hydrolysis facility;
(12) The manner in which the final disposition of the cremated or hydrolyzed remains of the decedent is to occur, if known. If the cremation authorization form does not specify the manner of the final disposition of the cremated or hydrolyzed remains, it shall indicate that the cremated remains will be held by the crematory or hydrolysis facility for thirty days after the cremation or hydrolysis, unless, prior to the end of that period, they are picked up from the crematory facility by the person designated on the cremation authorization form to receive them, the authorizing agent, or, if applicable, the funeral director who obtained the burial or burial-transit permit for the decedent, or are delivered or shipped by the operator of the crematory facility to one of those persons. The authorization form shall indicate that if no instructions for the final disposition are provided on the authorization form and that if no arrangements for final disposition have been made within the thirty-day period, the crematory facility may return the cremated remains to the authorizing agent. The authorization form shall further indicate that if no arrangements for the final disposition of the cremated remains have been made within sixty days after the completion of the cremation or hydrolysis and if the authorizing agent has not picked them up or caused them to be picked up within that period, the operator or funeral director may dispose of them in accordance with division (C) of section 4717.27 of the Revised Code.
(13) A listing of the items of value to be delivered to the crematory or hydrolysis facility along with the dead human body, if any, and instructions regarding how those items are to be handled;
(14) A statement of whether the authorizing agent has made arrangements for any type of viewing of the decedent or for a service with the decedent present prior to the cremation or hydrolysis and, if so, the date, time, and place of the service;
(15) A statement of whether the crematory facility may proceed with the cremation or hydrolysis at any time after the conditions set forth in division (A) of section 4717.23 of the Revised Code have been met and the decedent has been received at the facility;
(16) The certification of the authorizing agent to the effect that all of the information and statements contained in the authorization form are accurate;
(17) The signature of a funeral director licensed under this chapter, or another individual, as a witness. If a licensed funeral director signs the authorization form as a witness, the funeral director is responsible for verifying the accuracy of the information and statements required under divisions (A)(1) and (2) of this section, but is not responsible for verifying the accuracy of any of the other information or statements provided on the authorization form by the authorizing agent, unless the funeral director has actual knowledge to the contrary regarding any of the other information or statements. In addition, at the time the decedent is delivered to the crematory facility, the funeral director shall certify that the dead human body delivered to the crematory facility is that of the decedent identified on the authorization form and shall certify that the responsibility imposed on the funeral director by division (B) of section 4717.29 of the Revised Code has been carried out. If an individual other than a licensed funeral director signs the authorization form as a witness, the individual is not responsible for the accuracy of any of the information or statements provided on the authorization form, unless the individual has actual knowledge to the contrary regarding any of the information or statements provided by the authorizing agent and the signature of at least one witness who observed the authorizing agent execute the cremation or hydrolysis authorization form.
(B) In making the identification of the decedent required by division (A)(1) of this section, the funeral home arranging the cremation or hydrolysis shall require the authorizing agent or the agent's appointed representative to visually identify the decedent's remains or a photograph or other visual image of the remains. If identification is by photograph or other visual image, the authorizing agent or representative shall sign the photograph or other visual image. If visual identification is not feasible, other positive identification of the decedent may be used including, but not limited to, reliance upon an identification made through the coroner's office or identification of photographs or other visual images of scars, tattoos, or physical deformities taken from the decedent's remains.
(C) An authorizing agent who is not available to execute a cremation or hydrolysis authorization form in person may designate another individual to serve as the authorizing agent by providing to the operator of the crematory or hydrolysis facility where the cremation or hydrolysis is to occur a written designation, acknowledged before a notary public or other person authorized to administer oaths, authorizing that other individual to serve as the authorizing agent, or by sending to the operator a facsimile transmission of the written designation that has been so acknowledged. Any such written designation shall contain the name of the decedent, the name and address of the authorizing agent, the relationship of the authorizing agent to the decedent, and the name and address of the individual who is being designated to serve as the authorizing agent. Upon receiving such a written designation or a facsimile transmission of such a written designation, the operator shall permit the individual named in the written designation to serve as the authorizing agent and to execute the cremation authorization form authorizing the cremation or hydrolysis of the decedent named in the written designation.
(C)(D) An authorizing agent who signs a cremation or hydrolysis authorization form under this section is hereby deemed to warrant the accuracy of the information and statements contained in the such authorization form, including the person's identification of the decedent and the agent's authority to authorize the cremation or hydrolysis. A funeral home and its employees are not responsible for verifying the accuracy of any information or statements the authorizing agent made on the authorization form, unless the funeral home or its employees have actual knowledge to the contrary regarding any such information or statement. When delivering the decedent's remains to a crematory or hydrolysis facility or in carrying out the disposition in its own facility, the funeral home is responsible for having the decedent identified pursuant to division (B) of this section and carrying out the obligations imposed on the funeral home by division (B) of section 4717.29 of the Revised Code.
(D)(E) At any time after executing a cremation or hydrolysis authorization form and prior to the beginning of the cremation or hydrolysis process, the authorizing agent who executed the cremation authorization form under division (A) or (B)(C) of this section may, in writing, modify the arrangements for the final disposition of the cremated or hydrolyzed remains of the decedent set forth in the authorization form or may, in writing, revoke the authorization, cancel the cremation or hydrolysis, and claim the decedent's body for purposes of making alternative arrangements for the final disposition of the decedent's body. The operator of a crematory facility shall cancel the cremation or hydrolysis if the operator receives such a revocation before beginning the cremation or hydrolysis.
(E)(F) A cremation or hydrolysis authorization form executed under this section does not constitute a contract for conducting the cremation or hydrolysis of the decedent named in the authorization form or for the final disposition of the cremated or hydrolyzed remains of the decedent. The revocation of a cremation the authorization form or modification of the arrangements for the final disposition of the cremated or hydrolyzed remains of the decedent pursuant to division (D)(E) of this section does not affect the validity or enforceability of any contract for the cremation or hydrolysis of the decedent named in the authorization form or for the final disposition of the cremated or hydrolyzed remains of the decedent.
Sec. 4717.25.  (A) A cremation or hydrolysis authorization form authorizing the cremation or hydrolysis of any body parts, including, without limitation, dead human bodies that were donated to science for purposes of medical education or research shall include at least all of the following information and statements, as applicable:
(1) The identity of the decedent whose body was donated to science for purposes of medical education or research or the identity of the living person or such a decedent from whom the body parts were removed;
(2) The name of the authorizing agent and the relationship of the authorizing agent to the decedent or the living person from whom the body parts were removed;
(3) A statement that the authorizing agent in fact has the right to authorize the cremation or hydrolysis of the decedent or the body parts removed from the decedent or living person and a description of the basis of the person's right to execute the cremation authorization form;
(4) A statement of whether the crematory or hydrolysis facility is authorized to simultaneously cremate or hydrolyze the decedent or body parts removed from the decedent or living person with one or more other decedents whose bodies were donated to science for purposes of medical education or research or with body parts removed from one or more other decedents or living persons;
(5) The authorization for the crematory or hydrolysis facility to cremate or hydrolyze the decedent or body parts removed from the decedent or living person and to process or pulverize the cremated or hydrolyzed remains as is the practice at the particular crematory facility;
(6) A In the case of cremation, a statement of whether it is the crematory facility's practice to return all of the residue removed from the cremation chamber following the cremation or to separate and remove foreign matter from the residue before returning the cremated remains to the authorizing agent or the authorizing agent's designee;
(7) The name of the person who is to receive the cremated or hydrolyzed remains from the crematory facility;
(8) The manner in which the final disposition of the cremated or hydrolyzed remains is to occur, if known. If the cremation authorization form does not specify the manner of the final disposition of the cremated or hydrolyzed remains, it shall indicate that the cremated remains will be held by the crematory facility for thirty days after the cremation or hydrolysis, unless, prior to the end of that period, they are picked up from the crematory facility by the person designated on the authorization form to receive them or by the authorizing agent, or are delivered or shipped by the operator of the crematory facility to one of those persons. The authorization form shall indicate that if no instructions for the final disposition of the cremated or hydrolyzed remains are provided on the authorization form and that if no arrangements for final disposition have been made within the thirty-day period, the crematory facility may return the cremated remains to the authorizing agent. The authorization form shall further indicate that if no arrangements for the final disposition of the cremated remains have been made within sixty days after the cremation or hydrolysis and if the authorizing agent or person designated on the authorization form to receive the cremated remains has not picked them up or caused them to be picked up within that period, the operator may dispose of them in accordance with division (C)(1) or (2) of section 4717.27 of the Revised Code.
(9) The certification of the authorizing agent to the effect that all of the information and statements contained in the authorization form are accurate.
(B) An authorizing agent who signs a cremation or hydrolysis authorization form under this section is hereby deemed to warrant the accuracy of the information and statements contained in the authorization form, including the person's authority to authorize the cremation or hydrolysis.
(C) At any time after executing a cremation or hydrolysis authorization form and prior to the beginning of the cremation or hydrolysis process, an authorizing agent who executed a cremation such an authorization form under this section may, in writing, revoke the authorization, cancel the cremation or hydrolysis, and claim the decedent's body or the body parts for purposes of making alternative arrangements for the final disposition of the decedent's body or the body parts. The operator of a crematory facility shall cancel the cremation or hydrolysis if the operator receives such a revocation before beginning the cremation or hydrolysis.
(D) A cremation or hydrolysis authorization form executed under this section does not constitute a contract for conducting the cremation or hydrolysis of the decedent named in the authorization form or body parts removed from the decedent or living person named in the form or for the final disposition of the cremated or hydrolyzed remains of the decedent or body parts. The revocation of a cremation an authorization form or modification of the arrangements for the final disposition of the cremated or hydrolyzed remains of the decedent or the body parts pursuant to division (C) of this section does not affect the validity or enforceability of any contract for the cremation or hydrolysis of the decedent named in the authorization form, the cremation or hydrolysis of body parts from the decedent or living person named in the authorization form, or the final disposition of the cremated or hydrolyzed remains of the decedent or body parts.
Sec. 4717.26.  (A) The operator of a crematory or hydrolysis facility may schedule the time for the cremation or hydrolysis of a dead human body to occur at the operator's own convenience at any time after the conditions set forth in division (A) or (B) of section 4717.23 of the revised code, as applicable, have been met and the decedent or body parts have been delivered to the facility, unless, in the case of a dead human body, the operator has received specific instructions to the contrary on the cremation or hydrolysis authorization form authorizing the cremation or hydrolysis of the decedent executed under section 4717.21, 4717.24, or 4717.25 of the Revised Code. The operator of a crematory or hydrolysis facility becomes responsible for a dead human body or body parts when the body or body parts have been delivered to or accepted by the facility or an employee or agent of the facility.
(B) No operator of a crematory or hydrolysis facility shall fail to do either of the following:
(1) Upon receipt at the crematory or hydrolysis facility of any dead human body that has not been embalmed, and subject to the prohibition set forth in division (C)(1) of this section, place the body in a holding or refrigerated facility at the crematory facility and keep the body in the holding or refrigerated facility until near the time the cremation or hydrolysis process commences or until the body is held at the facility for eight hours or longer. If the body is held for eight hours or longer, place the body in a refrigerated facility at the crematory facility and keep the body in the refrigerated facility until near the time the cremation or hydrolysis process commences;
(2) Upon receipt of any dead human body that has been embalmed, place the body in a holding facility at the crematory facility and keep the body in the holding facility until the cremation or hydrolysis process commences.
(C) No operator of a crematory or hydrolysis facility shall do either of the following, unless the instructions contained in the cremation or hydrolysis authorization form authorizing the cremation or hydrolysis of the decedent executed under section 4717.21, 4717.24, or 4717.25 of the Revised Code specifically provide otherwise:
(1) Remove In the case of cremation, remove any dead human body from the casket or alternative container in which the body was delivered to or accepted by the crematory facility;
(2) Fail In the case of cremation, fail to cremate the casket or alternative container in which the body was delivered or accepted, in its entirety with the body.
(D) No operator of a crematory or hydrolysis facility shall simultaneously cremate or hydrolyze more than one decedent or body parts removed from more than one decedent or living person in the same cremation or hydrolysis chamber unless the cremation authorization forms executed under section 4717.21, 4717.24, or 4717.25 of the Revised Code authorizing the cremation or hydrolysis of each of the decedents or body parts removed from each decedent or living person specifically authorize such a simultaneous cremation or hydrolysis. This division does not prohibit the use of cremation equipment that contains more than one cremation chamber.
(E) No operator of a crematory or hydrolysis facility shall permit any persons other than employees of the crematory facility, the authorizing agent for the cremation or hydrolysis of the decedent who is to be, is being, or was cremated, persons designated to be present at the cremation or hydrolysis of the decedent on the cremation authorization form executed under section 4717.21 or 4717.24 of the Revised Code, and persons authorized by the individual who is actually in charge operator of the crematory facility, to be present in the holding facility or cremation room or hydrolysis area while any dead human bodies or body parts are being held there prior to cremation or are being cremated or while any cremated remains are being removed from the cremation chamber or during the cremation or hydrolysis process.
(F)(1) No operator of a crematory or hydrolysis facility shall remove any dental gold, body parts, organs, or other items of value from a dead human body prior to the cremation or hydrolysis or from the cremated or hydrolyzed remains after cremation or hydrolysis unless the cremation authorization form authorizing the cremation or hydrolysis of the decedent executed under section 4717.21 or 4717.24 of the Revised Code specifically authorizes the removal thereof.
(2) No operator of a crematory or hydrolysis facility that removes any dental gold, body parts, organs, or other items from a dead human body or assists in such removal shall charge a fee for doing so that exceeds the actual cost to the crematory facility for performing or assisting in the removal.
(G) Upon the completion of each cremation or hydrolysis, the operator of a crematory or hydrolysis facility shall remove from the cremation or hydrolysis chamber all of the cremation or hydrolysis residue that is practicably recoverable. If the cremation authorization form executed under section 4717.21, 4717.24, or 4717.25 of the Revised Code specifies that the cremated or hydrolyzed remains are to be placed in an urn, the operator shall place them in the type of urn specified on the authorization form. If the authorization form does not specify that the cremated or hydrolyzed remains are to be placed in an urn, the operator shall place them in a temporary container. If not all of the recovered cremated or hydrolyzed remains will fit in the urn selected or the temporary container, the operator shall place the remainder in a separate temporary container, and the cremated remains placed in the separate temporary container shall be delivered, released, or disposed of along with those in the urn or other temporary container. Nothing in this section requires an operator of a crematory facility to recover any specified quantity or quality of cremated or hydrolyzed remains upon the completion of a cremation or hydrolysis, but only requires an operator to recover from the cremation or hydrolysis chamber all of the cremation or hydrolysis residue that is practically recoverable.
(H) No operator of a crematory or hydrolysis facility shall knowingly represent to an authorizing agent or a designee of an authorizing agent that an urn or temporary container contains the recovered cremated or hydrolyzed remains of a specific decedent or of body parts removed from a specific decedent or living person when it does not. This division does not prohibit the making of such a representation because of the presence in the recovered cremated or hydrolyzed remains of de minimus amounts of the cremated or hydrolyzed remains of another decedent or of body parts removed from another decedent or living person that were not practicably recoverable and that remained in the cremation or hydrolysis chamber after the cremated remains from any previous cremations cremation or hydrolysis were removed.
(I) No operator of a crematory or hydrolysis facility or funeral director shall ship or cause to be shipped any cremated or hydrolyzed remains by a class or method of mail, common carrier service, or delivery service that does not have an internal system for tracing the location of the cremated remains during shipment and that does not require a signed receipt from the person accepting delivery of the cremated remains.
(J) No operator of a crematory or hydrolysis facility shall fail to establish and maintain a system for accurately identifying each dead human body in the facility's possession, and for identifying each decedent or living person from which body parts in the facility's possession were removed, throughout all phases of the holding and, cremation, and hydrolysis process.
(K) No operator of a crematory facility shall knowingly use or allow the use of the same cremation chamber for the cremation of dead human bodies, or human body parts, and animals. No operator of a hydrolysis facility shall knowingly use or allow the use of the same hydrolysis chamber for the hydrolysis of dead human bodies or human body parts, and animals.
Sec. 4717.27.  (A) The authorizing agent who executed the cremation or hydrolysis authorization form authorizing the cremation or hydrolysis of a decedent under section 4717.24 of the Revised Code or the cremation or hydrolysis of body parts under section 4717.25 of the Revised Code is ultimately responsible for the final disposition of the cremated or hydrolyzed remains of the decedent or body parts.
(B) If the cremation or hydrolysis authorization form does not contain instructions for the final disposition of the cremated or hydrolyzed remains of the decedent or body parts, if no arrangements for the disposition of the cremated or hydrolyzed remains are made within thirty days after the completion of the cremation or hydrolysis, and if the cremated such remains have not been picked up within that thirty-day period by the person designated to receive them on the authorization form or, in the absence of such a designated person, by the authorizing agent, the operator of the crematory facility or the funeral home holding the unclaimed cremated or hydrolyzed remains, at the end of that thirty-day period, may release or deliver them in person to, or cause their delivery by a method described in division (I) of section 4717.26 of the Revised Code that is acceptable under that division to, the person designated to receive them on the cremation authorization form or, if no person has been so designated, to the authorizing agent.
(C)(1) If the cremation or hydrolysis authorization form does not contain instructions for the final disposition of the cremated or hydrolyzed remains of the decedent or body parts, if no arrangements for the final disposition of the cremated such remains are made within sixty days after the completion of the cremation or hydrolysis, and if the cremated such remains have not been picked up by the person designated on the authorization form to receive them or, in the absence of such a designated person, by the authorizing agent, the operator of the crematory facility or the funeral home holding the unclaimed cremated or hydrolyzed remains may dispose of the cremated such remains in a grave, crypt, or niche at any time after the end of that sixty-day period.
(2) If the cremation or hydrolysis authorization form specifies the manner of the final disposition of the cremated or hydrolyzed remains, or if within sixty days after the completion of the cremation or hydrolysis, the authorizing agent makes arrangements for the final disposition of the cremated or hydrolyzed remains, and if either the arrangements have not been carried out within that sixty-day period because of the inaction of a party other than the operator of the crematory facility or the funeral home holding the unclaimed cremated or hydrolyzed remains, or the authorizing agent fails to pick up the cremated or hydrolyzed remains within that sixty-day period, the operator of the crematory facility or the funeral home holding the unclaimed cremated or hydrolyzed remains may dispose of the cremated such remains in a grave, crypt, or niche at any time after the end of that period.
(3) If cremated or hydrolyzed remains of a decedent who was eighteen years or older at the time of death are unclaimed under divisions (C)(1) and (2) of this section, the operator of the crematory or hydrolysis facility or the funeral home holding the cremated such remains shall, before disposing of the unclaimed cremated remains, notify the secretary of the United States department of veterans affairs of the name of, and other identifying information related to, the decedent. If, within sixty days of the notification, the secretary of the department of veterans affairs notifies the crematory facility or funeral home that the decedent was a veteran who is eligible for burial in a national cemetery under the control of the national cemetery administration and that the secretary agrees to provide for the cost of the transportation and burial of the unclaimed cremated remains in a national cemetery, the crematory facility or funeral home shall follow the directions of the secretary and arrange for the burial of the unclaimed remains in the national cemetery at the secretary's expense. If the secretary does not assume the right to direct the burial of the unclaimed remains within sixty days of the notification by the crematory facility or funeral home, the crematory facility or funeral home may carry out the disposition of the unclaimed remains under divisions (C)(1) and (2) of this section.
(4) When cremated or hydrolyzed remains are disposed of in accordance with division (C)(1) or (2) of this section, the authorizing agent who executed the cremation or hydrolysis authorization form authorizing the cremation or hydrolysis of the decedent or body parts under section 4717.24 or 4717.25 of the Revised Code is liable to the operator of the crematory or hydrolysis facility or the funeral home for the cost of the final disposition, which cost shall not exceed the reasonable cost for disposing of the cremated unclaimed remains in a common grave or crypt in the county where the cremated unclaimed remains were buried or placed in a crypt or niche.
(D)(1) Except as provided in division (D)(2) of this section, no person shall do either of the following:
(a) Dispose of the cremated or hydrolyzed remains of a dead human body or body parts in such a manner or in such a location that the cremated or hydrolyzed remains are commingled with those of another decedent or body parts removed from another decedent or living person;
(b) Place the cremated or hydrolyzed remains of more than one decedent or of body parts removed from more than one decedent or living person in the same urn or temporary container.
(2) Division (D)(1) of this section does not prohibit any of the following:
(a) The scattering of cremated or hydrolyzed remains at sea or by air or in a dedicated area at a cemetery used exclusively for the scattering on the ground of the cremated or hydrolyzed remains of dead human bodies or body parts.
(b) The commingling of the cremated or hydrolyzed remains of more than one decedent or of body parts removed from more than one decedent or living person or the placement in the same urn or temporary container of the cremated or hydrolyzed remains of more than one decedent or of body parts removed from more than one decedent or living person when each authorizing agent who executed the cremation or hydrolysis authorization form authorizing the cremation or hydrolysis of each of the decedents or body parts removed from each of the decedents or living persons under section 4717.21, 4717.24, or 4717.25 of the Revised Code authorized the commingling of the cremated such remains or the placement of the cremated such remains in the same urn or temporary container on the authorization form.
(c) The commingling, by the individual designated on the cremation or hydrolysis authorization form authorizing the cremation or hydrolysis of the decedent or body parts to receive the cremated or hydrolyzed remains, other than a funeral director or employee of a cemetery, or by the authorizing agent who executed the cremation authorization form, after receipt of the cremated or hydrolyzed remains, of the cremated such remains with those of another decedent or of body parts removed from another decedent or living person or the placing of them by any such person in the same urn or temporary container with those of another decedent or of body parts removed from another decedent or living person.
Sec. 4717.28.  (A) No operator of a crematory or hydrolysis facility shall fail to ensure that a written receipt is provided to the person who delivers a dead human body or body parts to the facility for cremation or hydrolysis. If the dead human body is other than one that was donated to science for purposes of medical education or research, the receipt shall be signed by both a representative of the crematory facility and the person who delivered the decedent to the crematory facility and shall indicate the name of the decedent; the date and time of delivery; the type of casket or alternative container in which the decedent was delivered to the facility; the name of the person who delivered the decedent to the facility; if applicable, the name of the funeral home or other establishment with whom the delivery person is affiliated; and the name of the person who received the decedent on behalf of the facility. If the dead human body was donated to science for purposes of medical education or research, the receipt shall consist of a copy of the cremation or hydrolysis authorization form executed under section 4717.21, 4717.24, or 4717.25 of the Revised Code that authorizes the cremation or hydrolysis of the decedent or body parts that has been signed by both a representative of the crematory facility and the person who delivered the decedent or body parts to the crematory facility and that indicates the date and time of the delivery. The operator may provide the copy of the receipt to the person who delivered the decedent or body parts to the facility either in person or by certified mail, return receipt requested.
(B) No operator of a crematory or hydrolysis facility shall fail to ensure at the time of releasing cremated or hydrolyzed remains that a written receipt signed by both a representative of the crematory facility and the person who received the cremated such remains is provided to the person who received the cremated remains. Unless the cremated or hydrolyzed remains are those of a dead human body that was donated to science for purposes of medical education or research or are those of body parts, the receipt shall indicate the name of the decedent; the date and time of the release; the name of the person to whom the cremated remains were released; if applicable, the name of the funeral home, cemetery, or other entity to whom the cremated remains were released; and the name of the person who released the cremated remains on behalf of the crematory facility. If the cremated or hydrolyzed remains are those of a dead human body that was donated to science for purposes of medical education or research or are those of body parts, the receipt shall consist of a copy of the cremation or hydrolysis authorization form executed under section 4717.21, 4717.24, or 4717.25 of the Revised Code that authorizes the cremation or hydrolysis of the decedent or body parts that has been signed by both a representative of the crematory or hydrolysis facility and the person who received the cremated remains and that indicates the date and time of the release. If the cremated remains were delivered to the authorizing agent or other individual designated on the cremation authorization form by a method described in division (I) of section 4717.26 of the Revised Code that is acceptable under that division, the receipt required by this division shall accompany the cremated or hydrolyzed remains, and the signature of the authorizing agent or other designated individual on the delivery receipt meets the requirement of this division that the person receiving the cremated such remains sign the receipt provided by the crematory facility.
(C) No operator of a crematory or hydrolysis facility shall fail to make or keep on file during the time that the operator remains engaged in the business of cremating or hydrolyzing dead human bodies or body parts, all of the following records and documents:
(1) A copy of each receipt issued upon acceptance by or delivery to the crematory or hydrolysis facility of a dead human body under division (A) of this section;
(2) A record of each cremation and hydrolysis conducted at the such facility, containing at least the name of the decedent or, in the case of body parts, the name of the decedent or living person from whom the body parts were removed, the date and time of the cremation or hydrolysis, and the final disposition made of the cremated or hydrolyzed remains;
(3) A copy of each delivery receipt issued under division (B) of this section;
(4) A separate record of the cremated or hydrolyzed remains of each decedent or the body parts removed from each decedent or living person that were disposed of in accordance with division (C)(1) or (2) of section 4717.27 of the Revised Code, containing at least the name of the decedent, the date and time of the cremation or hydrolysis, and the location, date, and manner of final disposition of the cremated or hydrolyzed remains.
(D) All records required to be maintained under sections 4717.21 to 4717.30 of the Revised Code are subject to inspection by the board of embalmers and funeral directors or an authorized representative of the board, upon reasonable notice, at any reasonable time.
Sec. 4717.30.  (A) The operator of a crematory or hydrolysis facility or a funeral director is not liable in damages in a civil action for any of the following actions or omissions, unless the actions or omissions were made with malicious purpose, in bad faith, or in a wanton or reckless manner or unless any of the conditions set forth in divisions (B)(1) to (3) of this section apply:
(1)(a) For having arranged or performed the cremation or hydrolysis of the decedent, or having released or disposed of the cremated or hydrolyzed remains, in accordance with the instructions set forth in the cremation authorization form executed by the decedent on an antemortem basis under section 4717.21 of the Revised Code;
(b) Having For having arranged or performed the cremation or hydrolysis of the decedent or body parts removed from the decedent or living person or having released or disposed of the cremated or hydrolyzed remains in accordance with the instructions set forth in a cremation an authorization form executed in person by the person authorized to serve as the authorizing agent for the cremation or hydrolysis of the decedent or for the cremation or hydrolysis of body parts of the decedent or living person, named in the cremation authorization form executed under section 4717.24 or 4717.25 of the Revised Code.
(2) Having For having arranged or performed the cremation or hydrolysis of the decedent, or having released or disposed of the cremated or hydrolyzed remains, in accordance with the instructions set forth in the cremation authorization form executed by a designated agent under division (B)(C) of section 4717.24 of the Revised Code.
(B) The operator of a crematory or hydrolysis facility is not liable in damages in a civil action for refusing to accept a dead human body or body parts or to perform a cremation or hydrolysis under any of the following circumstances, unless the refusal was made with malicious purpose, in bad faith, or in a wanton or reckless manner:
(1) The operator has actual knowledge that there is a dispute regarding the cremation or hydrolysis of the decedent or body parts, until such time as the operator receives an order of the probate court of common pleas having jurisdiction ordering the cremation or hydrolysis of the decedent or body parts or until the operator receives from the parties to the dispute a copy of a written agreement resolving the dispute and authorizing the cremation or hydrolysis to be performed.
(2) The operator has a reasonable basis for questioning the accuracy of any of the information or statements contained in a cremation an authorization form executed under section 4717.21, 4717.24, or 4717.25 of the Revised Code, as applicable, that authorizes the cremation or hydrolysis of the decedent or body parts.
(3) The operator has any other lawful reason for refusing to accept the dead human body or body parts or to perform the cremation or hydrolysis.
(C) The operator of a crematory or hydrolysis facility or a funeral director is not liable in damages in a civil action for refusing to release or dispose of the cremated or hydrolyzed remains of a decedent or body parts when the operator or funeral director has actual knowledge that there is a dispute regarding the release or final disposition of the cremated remains in connection with any damages sustained, prior to the time the operator or funeral director receives an order of the probate court of common pleas having jurisdiction ordering the release or final disposition of the cremated or hydrolyzed remains, or prior to the time the facility operator or funeral director receives from the parties to the dispute a copy of a written agreement resolving the dispute and authorizing the cremation or hydrolysis to be performed.
(D) The operator of a crematory or hydrolysis facility is not liable in damages in a civil action in connection with the cremation or hydrolysis of, or disposition of the cremated or hydrolyzed remains of, any dental gold, jewelry, or other items of value delivered to the facility with a dead human body or body parts, unless either or both of the following apply:
(1) The cremation authorization form authorizing the cremation or hydrolysis of the decedent or body parts executed under section 4717.21, 4717.24, or 4717.25 of the Revised Code, as applicable, contains specific instructions for the removal or recovery and disposition of any such dental gold, jewelry, or other items of value prior to or after the cremation or hydrolysis, and the operator has failed to comply with the written instructions.
(2) The actions or omissions of the operator were made with malicious purpose, in bad faith, or in a wanton or reckless manner.
(E)(1) This section does not create a new cause of action against or substantive legal right against the operator of a crematory or hydrolysis facility or a funeral director.
(2) This section does not affect any immunities from civil liability or defenses established by another section of the Revised Code or available at common law to which the operator of a crematory or hydrolysis facility or a funeral director may be entitled under circumstances not covered by this section.
Sec. 5120.45.  The state shall bear the expense of the burial or, cremation, or hydrolysis of an inmate who dies in a state correctional institution, if the body is not claimed for interment or, cremation, or hydrolysis at the expense of friends or relatives, or is not delivered for anatomical purposes or for the study of embalming in accordance with section 1713.34 of the Revised Code. When the expense is borne by the state, interment of the person or the person's cremated or hydrolyzed remains shall be in the institution cemetery or other place provided by the state. The managing officer of the institution shall provide at the grave of the person or, if the person's cremated remains are buried, at the grave of the person's cremated remains, a metal, stone, or concrete marker on which shall be inscribed the name and age of the person and the date of death.
Sec. 5121.11.  The state shall bear the expense of the burial, hydrolysis, or cremation of an indigent resident who dies in a state institution operated by the department of developmental disabilities under section 5123.03 of the Revised Code or in a state correctional institution if the body is not claimed for interment, hydrolysis, or cremation at the expense of friends or relatives or is not delivered for anatomical purposes or for the study of embalming in accordance with section 1713.34 of the Revised Code. The managing officer of the institution shall provide at the grave of the person or, if the person's cremated or hydrolyzed remains are buried, at the grave of the person's cremated remains, a metal, stone, or concrete marker on which shall be inscribed the name and age of the person and the date of death.
Sec. 5121.53.  The state shall bear the expense of the burial, hydrolysis, or cremation of an indigent patient who dies in a hospital if the body is not claimed for interment, hydrolysis, or cremation at the expense of friends or relatives, or is not delivered for anatomical purposes or for the study of embalming in accordance with section 1713.34 of the Revised Code. The managing officer of the hospital shall provide at the grave of the patient or, if the patient's cremated or hydrolyzed remains are buried, at the grave of the patient's cremated remains, a metal, stone, or concrete marker on which shall be inscribed the name and age of the patient and the date of death.
Sec. 5901.24.  If it is desired to bury the body or cremated or hydrolyzed remains of any deceased veteran in any cemetery not having a burial plot as provided by section 5901.22 of the Revised Code, the board of county commissioners, any board of township trustees, or the legislative authority of any municipal corporation in the county in which the cemetery is situated may purchase a space for the grave of the veteran or the veteran's cremated remains, provide for the care of the plot, and pay the amount of the purchase price and maintenance cost from the funds in the treasury of the county, township, or municipal corporation.
Sec. 5901.25.  The board of county commissioners shall require the veterans service commission, upon application and with the approval of the family or friends of the deceased, to contract, at a fair and reasonable price, with the funeral director selected by the family or friends, and cause to be interred, hydrolyzed, or cremated in a decent and respectable manner the body of any veteran, or the parent, spouse, or surviving spouse of any such veteran, who dies without the means to defray the necessary funeral, hydrolysis, or cremation expenses. Such a burial may be made in any cemetery or burial ground within the state, other than those used exclusively for the burial of paupers and criminals.
Sec. 5901.26.  Pursuant to section 5901.25 of the Revised Code, the veterans service commission shall use the forms of contracts prescribed by sections 5901.25 to 5901.32 of the Revised Code, and abide by the regulations provided by such sections. The commission shall see that funeral directors furnish all items specified in the contract, that when the benefits of such sections are claimed the entire amount to be contributed by the county toward the cost of the burial, hydrolysis, or cremation shall not exceed the sum of one thousand dollars, and that any remaining costs are paid by the family or friends of the deceased.
Sec. 5901.27.  Before assuming the charge and expense of any burial, hydrolysis, or cremation, the veterans service commission, pursuant to section 5901.25 of the Revised Code, shall satisfy itself, beyond a reasonable doubt, by careful inquiry, that the family of the deceased is unable, for want of means, to defray the expenses of the burial, hydrolysis, or cremation, or that the family may be deprived of means actually necessary for its immediate support. Thereupon the commission shall cause the deceased to be buried, hydrolyzed, or cremated and make a report thereof to the board of county commissioners. The report shall set forth that the commission found the family of the deceased person in indigent circumstances and unable to pay the expenses of burial, hydrolysis, or cremation. The report shall also set forth the name of the deceased, the rank and command to which the deceased belonged if a veteran, the date of death, the place of burial or disposition made of the person's hydrolyzed or cremated remains, the occupation while living, and an accurate itemized statement of the expenses incurred by reason of the burial, hydrolysis, or cremation.
Sec. 5901.29.  The funeral director employed to perform the service described by section 5901.25 of the Revised Code shall use the blanks provided by this section, specifying what the funeral director is to furnish for the service. The contract shall be signed by the funeral director and a copy thereof left with the veterans service commission with which it is made. Such contract shall read as follows:
"I ................, funeral director, residing at ................. hereby agree to furnish the following items for the burial, hydrolysis, or cremation (circle one) of ..............., who resided at ..................., and died .............., ........., which shall consist of:
(A) One casket, nicely covered with a good quality of black cloth, lined with a good quality of white satin or other material, and trimmed on the outside with handles of a fair quality in keeping with the casket;
(B) One burial robe of a good quality of material;
(C) One plain box appropriate for receiving the coffin or urn containing cremated or hydrolyzed remains inside the grave;
(D) Payment for digging the grave, in the place designated by the friends of the deceased or as otherwise provided, and for filling the grave in a proper manner;
(E) Furnishing a funeral car for conveying the remains to the place of burial or hydrolysis or crematory facility;
(F) Preparing the body for burial when so requested;
(G) Furnishing necessary transportation for the use of the family, friends, and pallbearers, which people shall be returned to their respective homes or to the place where the funeral services were held;
(H) Furnishing a decent, respectable funeral, for the sum of ...... dollars."
Sec. 5901.32.  Upon securing the report and statement of expenses as provided by section 5901.27 of the Revised Code, the board of county commissioners shall transcribe in a book to be kept for that purpose, all the facts contained in the report concerning a deceased veteran, and shall certify the expenses thus incurred to the county auditor, who shall draw a warrant for those expenses upon the county treasurer, to be paid from the county fund to such persons as are designated by the board. Upon the death of any indigent veteran residing within the county at the time of death and the burial of the indigent veteran or the indigent veteran's cremated or hydrolyzed remains, the board shall make application to the proper authorities, under the United States government, for a suitable headstone, as provided by act of congress, and shall cause it to be placed at the grave of the deceased veteran or the deceased veteran's cremated remains.
Section 2.  That existing sections 9.15, 313.12, 759.01, 1713.36, 1721.06, 1721.18, 1721.21, 2108.15, 2108.70, 2108.72, 2108.75, 2108.82, 2108.83, 2108.84, 2108.85, 2108.86, 2108.87, 2111.13, 2743.51, 2925.01, 3705.01, 3705.17, 3705.18, 3705.19, 3705.20, 3707.19, 4511.451, 4717.01, 4717.04, 4717.05, 4717.06, 4717.07, 4717.08, 4717.10, 4717.11, 4717.12, 4717.13, 4717.14, 4717.20, 4717.21, 4717.22, 4717.23, 4717.24, 4717.25, 4717.26, 4717.27, 4717.28, 4717.30, 5120.45, 5121.11, 5121.53, 5901.24, 5901.25, 5901.26, 5901.27, 5901.29, and 5901.32 of the Revised Code are hereby repealed.
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