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H. B. No. 481 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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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.
(If the representative is a group of persons, indicate the
name, last known address, and telephone number of each person in
the group.)
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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.)
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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:
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.
I hereby agree that any of the following that receives a copy
of this written declaration may act under it:
- Hydrolysis facility operator;
- Business operating a columbarium;
- 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.
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.
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Signed this ...... day of ....... |
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(Signature of declarant) |
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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.
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.
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Signed this ...... day of ....... |
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Signature of representative (if representative is a group of persons, each person in the group shall sign) |
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Signed this ...... day of ....... |
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Signature of successor representative (if successor representative is a group of persons, each person in the group shall sign) |
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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: |
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Residing at: |
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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.
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Signature of notary public |
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My commission expires on: |
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(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:
(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:
(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;
(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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