Bill Text: OH HB481 | 2011-2012 | 129th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To authorize the Board of Embalmers and Funeral Directors to issue courtesy licenses to allow funeral directors in bordering states to conduct limited funeral-related activities in Ohio; to permit embalmers and funeral directors to place their licenses on inactive status; to clarify that, upon the sale of the funeral home, the home may remain operating based upon a submission of a new license application to the Board; to permit out-of-state funeral directors without a license to work with licensed funeral directors during a declared disaster or emergency; 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; to exempt certain records concerning individual and joint self insurance of political subdivisions from the public records law; and to authorize joint county department of job and family services employees and detention facility district employees to participate in a deferred compensation program.
Spectrum: Moderate Partisan Bill (Republican 27-8)
Status: (Passed) 2013-03-22 - Effective Date [HB481 Detail]
Download: Ohio-2011-HB481-Introduced.html
As Introduced
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To authorize the Board of Embalmers and Funeral Directors to issue courtesy licenses to allow funeral directors in bordering states to conduct limited funeral-related activities in Ohio; to permit embalmers and funeral directors to place their licenses on inactive status; to clarify that, upon the sale of the funeral home, the home may remain operating based upon a submission of a new license application to the Board; to permit out-of-state funeral directors without a license to work with licensed funeral directors during a declared disaster or emergency; 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; to exempt certain records concerning individual and joint self insurance of political subdivisions from the public records law; and to authorize joint county department of job and family services employees and detention facility district employees to participate in a deferred compensation program.
Spectrum: Moderate Partisan Bill (Republican 27-8)
Status: (Passed) 2013-03-22 - Effective Date [HB481 Detail]
Download: Ohio-2011-HB481-Introduced.html
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Representative Hackett
Cosponsors:
Representatives Beck, Grossman, Boose, Wachtmann, Henne, Slaby
To amend sections 9.15, 313.12, 759.01, 1713.36, | 1 |
1721.06, 1721.18, 1721.21, 2108.15, 2108.70, | 2 |
2108.72, 2108.75, 2108.82, 2108.83, 2108.84, | 3 |
2108.85, 2108.86, 2108.87, 2111.13, 2743.51, | 4 |
2925.01, 3705.01, 3705.17, 3705.18, 3705.19, | 5 |
3705.20, 3707.19, 4511.451, 4717.01, 4717.04, | 6 |
4717.05, 4717.06, 4717.07, 4717.08, 4717.10, | 7 |
4717.11, 4717.12, 4717.13, 4717.14, 4717.20, | 8 |
4717.21, 4717.22, 4717.23, 4717.24, 4717.25, | 9 |
4717.26, 4717.27, 4717.28, 4717.30, 5120.45, | 10 |
5121.11, 5121.53, 5901.24, 5901.25, 5901.26, | 11 |
5901.27, 5901.29, and 5901.32 of the Revised Code | 12 |
to authorize the Board of Embalmers and Funeral | 13 |
Directors to license and regulate alkaline | 14 |
hydrolysis facilities and issue courtesy licenses | 15 |
to allow funeral directors in bordering states to | 16 |
conduct limited funeral-related activities in | 17 |
Ohio; to permit embalmers and funeral directors to | 18 |
place their licenses on inactive status; to | 19 |
clarify that, upon the sale of the funeral home, | 20 |
the home may remain operating based upon a | 21 |
submission of a new license application to the | 22 |
Board; to permit out-of-state funeral directors | 23 |
without a license to work with licensed funeral | 24 |
directors during a declared disaster or emergency; | 25 |
and to eliminate the requirement that funeral | 26 |
homes be the guarantor of the identity of | 27 |
decedents and instead require funeral homes to | 28 |
complete only visual identification of remains. | 29 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.15, 313.12, 759.01, 1713.36, | 30 |
1721.06, 1721.18, 1721.21, 2108.15, 2108.70, 2108.72, 2108.75, | 31 |
2108.82, 2108.83, 2108.84, 2108.85, 2108.86, 2108.87, 2111.13, | 32 |
2743.51, 2925.01, 3705.01, 3705.17, 3705.18, 3705.19, 3705.20, | 33 |
3707.19, 4511.451, 4717.01, 4717.04, 4717.05, 4717.06, 4717.07, | 34 |
4717.08, 4717.10, 4717.11, 4717.12, 4717.13, 4717.14, 4717.20, | 35 |
4717.21, 4717.22, 4717.23, 4717.24, 4717.25, 4717.26, 4717.27, | 36 |
4717.28, 4717.30, 5120.45, 5121.11, 5121.53, 5901.24, 5901.25, | 37 |
5901.26, 5901.27, 5901.29, and 5901.32 of the Revised Code be | 38 |
amended to read as follows: | 39 |
Sec. 9.15. When the body of a dead person is found in a | 40 |
township or municipal corporation, and such person was not an | 41 |
inmate of a correctional, benevolent, or charitable institution of | 42 |
this state, and the body is not claimed by any person for private | 43 |
interment or cremation at the person's own expense, or delivered | 44 |
for the purpose of medical or surgical study or dissection in | 45 |
accordance with section 1713.34 of the Revised Code, it shall be | 46 |
disposed of as follows: | 47 |
(A) If the person was a legal resident of the county, the | 48 |
proper officers of the township or municipal corporation in which | 49 |
the person's body was found shall cause it to be buried, | 50 |
hydrolyzed, or cremated at the expense of the township or | 51 |
municipal corporation in which the person had a legal residence at | 52 |
the time of death. | 53 |
(B) If the person had a legal residence in any other county | 54 |
of the state at the time of death, the superintendent of the | 55 |
county home of the county in which such body was found shall cause | 56 |
it to be buried, hydrolyzed, or cremated at the expense of the | 57 |
township or municipal corporation in which the person had a legal | 58 |
residence at the time of death. | 59 |
(C) If the person was an inmate of a correctional institution | 60 |
of the county or a patient or resident of a benevolent institution | 61 |
of the county, the person had no legal residence in the state, or | 62 |
the person's legal residence is unknown, the superintendent shall | 63 |
cause the person to be buried, hydrolyzed, or cremated at the | 64 |
expense of the county. | 65 |
Such officials shall provide, at the grave of the person or, | 66 |
if the person's cremated or hydrolyzed remains are buried, at the | 67 |
grave of the person's
| 68 |
on which the person's name and age, if known, and date of death | 69 |
shall be inscribed. | 70 |
A political subdivision is not relieved of its duty to bury, | 71 |
hydrolyze, or cremate a person at its expense under this section | 72 |
when the body is claimed by an indigent person. | 73 |
Sec. 313.12. (A) When any person dies as a result of criminal | 74 |
or other violent means, by casualty, by suicide, or in any | 75 |
suspicious or unusual manner, when any person, including a child | 76 |
under two years of age, dies suddenly when in apparent good | 77 |
health, or when any mentally retarded person or developmentally | 78 |
disabled person dies regardless of the circumstances, the | 79 |
physician called in attendance, or any member of an ambulance | 80 |
service, emergency squad, or law enforcement agency who obtains | 81 |
knowledge thereof arising from the person's duties, shall | 82 |
immediately notify the office of the coroner of the known facts | 83 |
concerning the time, place, manner, and circumstances of the | 84 |
death, and any other information that is required pursuant to | 85 |
sections 313.01 to 313.22 of the Revised Code. In such cases, if a | 86 |
request is made for cremation or hydrolysis, the funeral director | 87 |
called in attendance shall immediately notify the coroner. | 88 |
(B) As used in this section, "mentally retarded person" and | 89 |
"developmentally disabled person" have the same meanings as in | 90 |
section 5123.01 of the Revised Code. | 91 |
Sec. 759.01. Any municipal corporation may provide public | 92 |
cemeteries and crematories for burial or incineration of the dead | 93 |
and regulate public and private cemeteries and | 94 |
crematory or hydrolysis facility. Any cemetery established by a | 95 |
municipal corporation shall register with the division of real | 96 |
estate in the department of commerce pursuant to section 4767.03 | 97 |
of the Revised Code. Any cemetery of that nature is subject to | 98 |
Chapter 4767. and to sections 517.23 to 517.25 and 1721.211 of the | 99 |
Revised Code in addition to being subject to this chapter. | 100 |
Sec. 1713.36. After the bodies referred to in section | 101 |
1713.34 of the Revised Code have been subjected to medical or | 102 |
surgical examination or dissection or for the study of embalming, | 103 |
the remains thereof shall be interred, or shall be cremated or | 104 |
hydrolyzed and the | 105 |
at the expense of the parties in whose keeping the corpse was | 106 |
placed. | 107 |
Sec. 1721.06. After paying for its land, a cemetery company | 108 |
or association shall apply all its receipts and income, whether | 109 |
from sale of lots, from donations, or otherwise, exclusively to | 110 |
laying out, preserving, protecting, and embellishing the cemetery | 111 |
and avenues within it or leading to it, to the erection of | 112 |
buildings necessary or appropriate for cemetery purposes, and to | 113 |
paying the necessary expenses of the cemetery company or | 114 |
association. No debts shall be incurred by the cemetery company or | 115 |
association except for purchasing, laying out, inclosing, and | 116 |
embellishing the ground, buildings necessary or appropriate for | 117 |
cemetery purposes, and avenues, for which purposes it may contract | 118 |
debts to be paid out of future receipts. For purposes of this | 119 |
section, buildings appropriate for cemetery purposes include, but | 120 |
are not limited to, buildings for crematory or hydrolysis | 121 |
facilities, funeral homes, and other buildings intended to produce | 122 |
income for the cemetery company or association. | 123 |
No part of the funds of a cemetery company or association, or | 124 |
of the proceeds of land sold by it, shall ever be divided among | 125 |
its stockholders or lot owners, and all its funds shall be used | 126 |
exclusively for the purposes of the company or association as | 127 |
specified in this section, or invested in a fund the income of | 128 |
which shall be so used and appropriated. | 129 |
Sec. 1721.18. Any company or association incorporated for | 130 |
the erection and maintenance of a crematory or hydrolysis facility | 131 |
may exercise all the rights and powers conferred by sections | 132 |
1721.01 to 1721.18, inclusive, of the Revised Code, subject to the | 133 |
conditions provided in such sections. No building shall be erected | 134 |
for such a purpose within two hundred yards of a dwelling house | 135 |
unless the owner of the dwelling house gives | 136 |
consent. No person, company, association, or firm shall establish | 137 |
a morgue on a street upon which there are dwelling houses unless | 138 |
the owners or occupants of all dwelling houses within two hundred | 139 |
yards of the proposed morgue give their written consent thereto. | 140 |
This section does not apply to a crematory or hydrolysis facility | 141 |
built, or a morgue established | 142 |
Sec. 1721.21. (A) As used in this section: | 143 |
(1) "Person" means any corporation, company, partnership, | 144 |
individual, or other entity owning or operating a cemetery for the | 145 |
disposition of human remains. | 146 |
(2) "Cemetery" means any one or a combination of more than | 147 |
one of the following: | 148 |
(a) A burial ground for earth interments; | 149 |
(b) A mausoleum for crypt entombments; | 150 |
(c) A columbarium for the deposit of cremated or hydrolyzed | 151 |
remains; | 152 |
(d) A scattering ground for the spreading of cremated or | 153 |
hydrolyzed remains. | 154 |
(3) "Interment" means the disposition of human remains by | 155 |
earth burial, entombment, or inurnment. | 156 |
(4) "Burial right" means the right of earth interment. | 157 |
(5) "Entombment right" means the right of entombment in a | 158 |
mausoleum. | 159 |
(6) "Columbarium right" means the right of inurnment in a | 160 |
columbarium for cremated or hydrolyzed remains. | 161 |
(B) No person shall operate or continue to operate any | 162 |
cemetery in this state unless an endowment care trust is | 163 |
established and maintained as required by this section. | 164 |
(C) Any person desiring to operate any cemetery that is | 165 |
organized or developed after July 1, 1970, before offering to sell | 166 |
or selling any burial lot, burial right, entombment right, or | 167 |
columbarium right in that cemetery, shall first establish an | 168 |
endowment care trust, segregated from other assets, and place in | 169 |
that fund a minimum of fifty thousand dollars in cash or in bonds | 170 |
of the United States, this state, or any county or municipal | 171 |
corporation of this state. | 172 |
Whenever any person described in this division has placed | 173 |
another fifty thousand dollars in the endowment care trust out of | 174 |
gross sales proceeds, in addition to the deposit required by this | 175 |
division, that person, after submitting proof of this fact to the | 176 |
trustees of the endowment care trust, may be paid a distribution | 177 |
in the sum of fifty thousand dollars from the endowment care | 178 |
trust. | 179 |
(D) Any person desiring to operate or to continue to operate | 180 |
any cemetery after July 1, 1970, shall place into the endowment | 181 |
care trust as required by this section not less than ten per cent | 182 |
of the gross sales proceeds received from the sale of any burial | 183 |
lot, burial right, entombment right, or columbarium right. This | 184 |
percentage shall be placed in the endowment care trust no later | 185 |
than thirty days following the month in which the entire gross | 186 |
sales are received. | 187 |
(E) The trustees of the endowment care trust shall consist of | 188 |
at least three individuals who have been residents of the county | 189 |
in which the cemetery is located for at least one year, or a trust | 190 |
company licensed under Chapter 1111. of the Revised Code or a | 191 |
national bank or federal savings association that has securities | 192 |
pledged in accordance with section 1111.04 of the Revised Code. If | 193 |
the trustees are not a financial institution or trust company, the | 194 |
trustees shall be bonded by a corporate surety or fidelity bond in | 195 |
an aggregate amount of not less than one hundred per cent of the | 196 |
funds held by the trustees. The trustees or their agent shall, on | 197 |
a continuous basis, keep exact records as to the amount of funds | 198 |
under any joint account or trust instrument being held for the | 199 |
individual beneficiaries showing the amount paid, the amount | 200 |
deposited and invested, and accruals and income. | 201 |
The funds of the endowment care trust shall be held and | 202 |
invested in the manner in which trust funds are permitted to be | 203 |
held and invested pursuant to sections 2109.37 and 2109.371 of the | 204 |
Revised Code. | 205 |
(F) Any person offering to sell or selling any burial lot, | 206 |
burial right, entombment right, or columbarium right shall give to | 207 |
the purchaser of the lot or right, at the time of sale, a written | 208 |
agreement that identifies and unconditionally guarantees to the | 209 |
purchaser the specific location of the lot or the specific | 210 |
location to which the right applies. | 211 |
(G) No person shall open or close any grave, crypt, or niche | 212 |
for the interment of human remains in a cemetery without the | 213 |
permission of the cemetery association or other entity having | 214 |
control and management of the cemetery. | 215 |
(H) Except as provided in division (G) of this section, this | 216 |
section does not apply to a family cemetery as defined in section | 217 |
4767.02 of the Revised Code, to any cemetery that is owned and | 218 |
operated entirely and exclusively by churches, religious | 219 |
societies, established fraternal organizations, municipal | 220 |
corporations, or other political subdivisions of the state, or to | 221 |
a national cemetery. | 222 |
(I) The dividend and interest income from the endowment care | 223 |
trust shall be used only for the cost and expenses incurred to | 224 |
establish, manage, and administer the trust and for the | 225 |
maintenance, supervision, improvement, and preservation of the | 226 |
grounds, lots, buildings, equipment, statuary, and other real and | 227 |
personal property of the cemetery. | 228 |
(J)(1) Annual reports of all the assets and investments of | 229 |
the endowment care trust shall be prepared and maintained, and | 230 |
shall be available for inspection at reasonable times by any owner | 231 |
of interment rights in the cemetery. | 232 |
(2) Every cemetery required to establish and maintain an | 233 |
endowment care trust shall file an affidavit annually with the | 234 |
division of real estate of the department of commerce, in a form | 235 |
prescribed by the division, certifying under oath each of the | 236 |
following: | 237 |
(a) That the cemetery has deposited, at the time specified in | 238 |
division (D) of this section, the amounts required by that | 239 |
division in the cemetery's endowment care trust; | 240 |
(b) That only dividend and interest income have been paid | 241 |
from the endowment care trust, and the cemetery used the amounts | 242 |
withdrawn only for the purposes specified in division (I) of this | 243 |
section; | 244 |
(c) That all principal and capital gains have remained in the | 245 |
endowment care trust; | 246 |
(d) That the endowment care trust has not been used to | 247 |
collateralize or guarantee loans and has not otherwise been | 248 |
subjected to any consensual lien; | 249 |
(e) That the endowment care trust is invested in compliance | 250 |
with the investing standards set forth in sections 2109.37 and | 251 |
2109.371 of the Revised Code. | 252 |
Sec. 2108.15. Subject to division (I) of section 2108.11 and | 253 |
sections 2108.26 to 2108.272 of the Revised Code, the rights of | 254 |
the person to which a part passes under section 2108.11 of the | 255 |
Revised Code shall be superior to the rights of all others with | 256 |
respect to the part. The person may accept or reject an anatomical | 257 |
gift in whole or in part. | 258 |
Subject to the terms of the document of gift and sections | 259 |
2108.01 to 2108.29 of the Revised Code, a person that accepts an | 260 |
anatomical gift of an entire body may allow embalming, burial, | 261 |
hydrolysis, or cremation, and use of remains in a funeral service. | 262 |
If the gift is of a part, the person to whom the part passes under | 263 |
section 2108.11 of the Revised Code, upon the death of the donor | 264 |
and before embalming, burial, hydrolysis, or cremation, shall | 265 |
cause the part to be removed without unnecessary mutilation. After | 266 |
removal of the part, custody of the remainder of the decedent's | 267 |
body passes to the persons to whom the right of disposition for | 268 |
the body has been assigned pursuant to section 2108.70 of the | 269 |
Revised Code or who have the right of disposition for the body as | 270 |
described in section 2108.81 of the Revised Code. | 271 |
Sec. 2108.70. (A) As used in this section and sections | 272 |
2108.71 to 2108.90 of the Revised Code: | 273 |
(1) "Adult" means an individual who is eighteen years of age | 274 |
or older. | 275 |
(2) "Declarant" means an adult who has executed a written | 276 |
declaration described in division (B) of this section. | 277 |
(3) "Representative" means an adult or a group of adults, | 278 |
collectively, to whom a declarant has assigned the right of | 279 |
disposition. | 280 |
(4) "Right of disposition" means one or more of the rights | 281 |
described in division (B) of this section that a declarant chooses | 282 |
to assign to a representative in a written declaration executed | 283 |
under that division or all of the rights described in division (B) | 284 |
of this section that are assigned to a person pursuant to section | 285 |
2108.81 of the Revised Code. | 286 |
(5) "Successor representative" means an adult or group of | 287 |
adults, collectively, to whom the right of disposition for a | 288 |
declarant has been reassigned because the declarant's | 289 |
representative is disqualified from exercising the right under | 290 |
section 2108.75 of the Revised Code. Each successor representative | 291 |
shall be considered in the order the representative is designated | 292 |
by the declarant. | 293 |
(B) An adult who is of sound mind may execute at any time a | 294 |
written declaration assigning to a representative one or more of | 295 |
the following rights: | 296 |
(1) The right to direct the disposition, after death, of the | 297 |
declarant's body or any part of the declarant's body that becomes | 298 |
separated from the body before death. This right includes the | 299 |
right to determine the location, manner, and conditions of the | 300 |
disposition of the declarant's bodily remains. | 301 |
(2) The right to make arrangements and purchase goods and | 302 |
services for the declarant's funeral. This right includes the | 303 |
right to determine the location, manner, and condition of the | 304 |
declarant's funeral. | 305 |
(3) The right to make arrangements and purchase goods and | 306 |
services for the declarant's burial, cremation, hydrolysis, or | 307 |
other manner of final disposition. This right includes the right | 308 |
to determine the location, manner, and condition of the | 309 |
declarant's burial, cremation, hydrolysis, or other manner of | 310 |
final disposition. | 311 |
(C)(1) Subject to division (C)(2) of this section, a | 312 |
declarant may designate a successor representative. | 313 |
(2) If a representative is a group of persons and not all of | 314 |
the persons in the group meet at least one criterion to be | 315 |
disqualified from serving as the representative, as described in | 316 |
section 2108.75 of the Revised Code, the persons in the group who | 317 |
are not disqualified shall remain the representative who has the | 318 |
right of disposition. | 319 |
(D) The assignment or reassignment of a right of disposition | 320 |
to a representative and a successor representative | 321 |
supersedes an assignment of a right of disposition under section | 322 |
2108.81 of the Revised Code. | 323 |
Sec. 2108.72. (A) The written declaration described in | 324 |
section 2108.70 of the Revised Code shall include all of the | 325 |
following: | 326 |
(1) The declarant's legal name and present address; | 327 |
(2) A statement that the declarant, an adult being of sound | 328 |
mind, willfully and voluntarily appoints a representative to have | 329 |
the declarant's right of disposition for the declarant's body upon | 330 |
the declarant's death; | 331 |
(3) A statement that all decisions made by the declarant's | 332 |
representative with respect to the right of disposition are | 333 |
binding; | 334 |
(4) The name, last known address, and last known telephone | 335 |
number of the representative or, if the representative is a group | 336 |
of persons, the name, last known address, and last known telephone | 337 |
number of each person in the group; | 338 |
(5) If the declarant chooses to have a successor | 339 |
representative, a statement that if any person or group of persons | 340 |
named as the declarant's representative is disqualified from | 341 |
serving in such position as described in section 2108.75 of the | 342 |
Revised Code, the declarant appoints a successor representative; | 343 |
(6) If applicable, the name, last known address, and last | 344 |
known telephone number of the successor representative or, if the | 345 |
successor representative is a group of persons, the name, last | 346 |
known address, and last known telephone number of each person in | 347 |
the group; | 348 |
(7) A space where the declarant may indicate the declarant's | 349 |
preferences regarding how the right of disposition should be | 350 |
exercised, including any religious observances the declarant | 351 |
wishes the person with the right of disposition to consider; | 352 |
(8) A space where the declarant may indicate one or more | 353 |
sources of funds that may be used to pay for goods and services | 354 |
associated with the exercise of the right of disposition; | 355 |
(9) A statement that the declarant's written declaration | 356 |
becomes effective on the declarant's death; | 357 |
(10) A statement that the declarant revokes any written | 358 |
declaration that the declarant executed, in accordance with | 359 |
section 2108.70 of the Revised Code, prior to the execution of the | 360 |
present written declaration; | 361 |
(11) A space where the declarant can sign and date the | 362 |
written declaration; | 363 |
(12) A space where a notary public or two witnesses can sign | 364 |
and date the written declaration as described in section 2108.73 | 365 |
of the Revised Code. | 366 |
(B) A written declaration may take the following form: | 367 |
APPOINTMENT OF REPRESENTATIVE FOR DISPOSITION OF BODILY | 368 |
REMAINS, FUNERAL ARRANGEMENTS, AND BURIAL, HYDROLYSIS, OR | 369 |
CREMATION GOODS AND SERVICES: | 370 |
I, ................. (legal name and present address of | 371 |
declarant), an adult being of sound mind, willfully and | 372 |
voluntarily appoint my representative, named below, to have the | 373 |
right of disposition, as defined in section 2108.70 of the Revised | 374 |
Code, for my body upon my death. All decisions made by my | 375 |
representative with respect to the right of disposition shall be | 376 |
binding. | 377 |
REPRESENTATIVE: | 378 |
(If the representative is a group of persons, indicate the | 379 |
name, last known address, and telephone number of each person in | 380 |
the group.) | 381 |
Name(s): | 382 | ||||
Address(es): | 383 | ||||
Telephone Number(s): | 384 |
SUCCESSOR REPRESENTATIVE: | 385 |
If my representative is disqualified from serving as my | 386 |
representative as described in section 2108.75 of the Revised | 387 |
Code, then I hereby appoint the following person or group of | 388 |
persons to serve as my successor representative. | 389 |
(If the successor representative is a group of persons, | 390 |
indicate the name, last known address, and telephone number of | 391 |
each person in the group.) | 392 |
Name(s): | 393 | ||||
Address(es): | 394 | ||||
Telephone Number(s): | 395 |
PREFERENCES REGARDING HOW THE RIGHT OF DISPOSITION SHOULD BE | 396 |
EXERCISED, INCLUDING ANY RELIGIOUS OBSERVANCES THE DECLARANT | 397 |
WISHES A REPRESENTATIVE OR A SUCCESSOR REPRESENTATIVE TO CONSIDER: | 398 |
399 | |||
400 | |||
401 | |||
402 |
ONE OR MORE SOURCES OF FUNDS THAT COULD BE USED TO PAY FOR | 403 |
GOODS AND SERVICES ASSOCIATED WITH AN EXERCISE OF THE RIGHT OF | 404 |
DISPOSITION: | 405 |
406 | |||
407 | |||
408 | |||
409 |
DURATION: | 410 |
The appointment of my representative and, if applicable, | 411 |
successor representative, becomes effective upon my death. | 412 |
PRIOR APPOINTMENTS REVOKED: | 413 |
I hereby revoke any written declaration that I executed in | 414 |
accordance with section 2108.70 of the Ohio Revised Code prior to | 415 |
the date of execution of this written declaration indicated below. | 416 |
AUTHORIZATION TO ACT: | 417 |
I hereby agree that any of the following that receives a copy | 418 |
of this written declaration may act under it: | 419 |
- Cemetery organization; | 420 |
- Hydrolysis facility operator; | 421 |
- Crematory operator; | 422 |
- Business operating a columbarium; | 423 |
- Funeral director; | 424 |
- Embalmer; | 425 |
- Funeral home; | 426 |
- Any other person asked to assist with my funeral, burial, | 427 |
hydrolysis, cremation, or other manner of final disposition. | 428 |
MODIFICATION AND REVOCATION - WHEN EFFECTIVE: | 429 |
Any modification or revocation of this written declaration is | 430 |
not effective as to any party until that party receives actual | 431 |
notice of the modification or revocation. | 432 |
LIABILITY: | 433 |
No person who acts in accordance with a properly executed | 434 |
copy of this written declaration shall be liable for damages of | 435 |
any kind associated with the person's reliance on this | 436 |
declaration. | 437 |
Signed this ...... day of ....... | 438 | ||
439 | |||
(Signature of declarant) | 440 |
ACKNOWLEDGMENT OF ASSUMPTION OF OBLIGATIONS AND COSTS: | 441 |
By signing below, the representative, or successor | 442 |
representative, if applicable, acknowledges that he or she, as | 443 |
representative or successor representative, assumes the right of | 444 |
disposition as defined in section 2108.70 of the Revised Code, and | 445 |
understands that he or she is liable for the reasonable costs of | 446 |
exercising the right, including any goods and services that are | 447 |
purchased. | 448 |
ACCEPTANCE (OPTIONAL): | 449 |
The undersigned hereby accepts this appointment as | 450 |
representative or successor representative, as applicable, for the | 451 |
right of disposition as defined in section 2108.70 of the Revised | 452 |
Code. | 453 |
Signed this ...... day of ....... | 454 | ||
455 | |||
Signature of representative (if representative is a group of persons, each person in the group shall sign) | 456 | ||
Signed this ...... day of ....... | 457 | ||
458 | |||
Signature of successor representative (if successor representative is a group of persons, each person in the group shall sign) | 459 |
WITNESSES: | 460 |
I attest that the declarant signed or acknowledged this | 461 |
assignment of the right of disposition under section 2108.70 of | 462 |
the Revised Code in my presence and that the declarant is at least | 463 |
eighteen years of age and appears to be of sound mind and not | 464 |
under or subject to duress, fraud, or undue influence. I further | 465 |
attest that I am not the declarant's representative or successor | 466 |
representative, I am at least eighteen years of age, and I am not | 467 |
related to the declarant by blood, marriage, or adoption. | 468 |
First witness: | 469 | ||||
Name (printed): | 470 | ||||
Residing at: | 471 | ||||
Signature: | 472 | ||||
473 | |||||
Date: | 474 | ||||
475 | |||||
Second witness: | 476 | ||||
Name (printed): | 477 | ||||
Residing at: | 478 | ||||
Signature: | 479 | ||||
480 | |||||
Date: | 481 | ||||
482 |
OR | 483 |
NOTARY ACKNOWLEDGMENT: | 484 |
State of Ohio | 485 |
County of ............. SS. | 486 |
On ..............., before me, the undersigned notary public, | 487 |
personally appeared ................., known to me or | 488 |
satisfactorily proven to be the person whose name is subscribed as | 489 |
the declarant, and who has acknowledged that he or she executed | 490 |
this written declaration under section 2108.70 of the Revised Code | 491 |
for the purposes expressed in that section. I attest that the | 492 |
declarant is at least eighteen years of age and appears to be of | 493 |
sound mind and not under or subject to duress, fraud, or undue | 494 |
influence. | 495 |
Signature of notary public | 496 | ||
497 | |||
My commission expires on: | 498 | ||
499 |
(C) Completion of a federal Record of Emergency Data form, DD | 500 |
Form 93, or its successor form, by a member of the military, is | 501 |
sufficient to constitute a written declaration under section | 502 |
2108.70 of the Revised Code if section 13a of DD Form 93, entitled | 503 |
"Person Authorized to Direct Disposition," has been properly | 504 |
completed by the member of the military who has subsequently died | 505 |
while under active duty orders as described in 10 U.S.C. 1481. | 506 |
Sec. 2108.75. (A) A person shall be disqualified from | 507 |
serving as a representative or successor representative, or from | 508 |
having the right of disposition for a deceased adult pursuant to | 509 |
section 2108.81 of the Revised Code, if any of the following | 510 |
occurs: | 511 |
(1) The person dies. | 512 |
(2) A probate court declares or determines that the person is | 513 |
incompetent. | 514 |
(3) The person resigns or declines to exercise the right as | 515 |
described in section 2108.88 of the Revised Code. | 516 |
(4) The person refuses to exercise the right within two days | 517 |
after notification of the declarant's death. | 518 |
(5) The person cannot be located with reasonable effort. | 519 |
(6) The person meets the criteria described in section | 520 |
2108.76 or 2108.77 of the Revised Code. | 521 |
(B) No owner, employee, or agent of a funeral home, cemetery, | 522 |
or crematory or hydrolysis facility providing funeral, burial, | 523 |
cremation, or hydrolysis services for a declarant shall serve as a | 524 |
representative or successor representative for the declarant | 525 |
unless the owner, employee, or agent is related to the declarant | 526 |
by blood, marriage, or adoption. | 527 |
(C) Subject to divisions (C)(2) and (D)(2) of section 2108.70 | 528 |
of the Revised Code, if a person is disqualified from serving as | 529 |
the declarant's representative or successor representative, or | 530 |
from having the right of disposition for a deceased adult pursuant | 531 |
to section 2108.81 of the Revised Code, as described in division | 532 |
(A) of this section, the right is automatically reassigned to, and | 533 |
vests in, the next person who has the right pursuant to the | 534 |
declarant's written declaration or pursuant to the order of | 535 |
priority in section 2108.81 of the Revised Code. | 536 |
Sec. 2108.82. (A) Notwithstanding section 2108.81 of the | 537 |
Revised Code and in accordance with division (B) of this section, | 538 |
the probate court for the county in which the declarant or | 539 |
deceased person resided at the time of death may, on its own | 540 |
motion or the motion of another person, assign to any person the | 541 |
right of disposition for a declarant or deceased person. | 542 |
(B) In making a determination for purposes of division (A) of | 543 |
this section and division (C) of section 2108.79 of the Revised | 544 |
Code, the court shall consider the following: | 545 |
(1) Whether evidence presented to, or in the possession of | 546 |
the court, demonstrates that the person who is the subject of the | 547 |
motion and the declarant or deceased person had a close personal | 548 |
relationship; | 549 |
(2) The reasonableness and practicality of any plans that the | 550 |
person who is the subject of the motion may have for the | 551 |
declarant's or deceased person's funeral, burial, cremation, | 552 |
hydrolysis, or final disposition, including the degree to which | 553 |
such plans allow maximum participation by all persons who wish to | 554 |
pay their final respects to the deceased person; | 555 |
(3) The willingness of the person who is the subject of the | 556 |
motion to assume the responsibility to pay for the declarant's or | 557 |
deceased person's funeral, burial, cremation, hydrolysis, or final | 558 |
disposition and the desires of that person; | 559 |
(4) The convenience and needs of other families and friends | 560 |
wishing to pay their final respects to the declarant or deceased | 561 |
person; | 562 |
(5) The express written desires of the declarant or deceased | 563 |
person. | 564 |
(C) Except to the extent considered under division (B)(3) of | 565 |
this section, the following persons do not have a greater claim to | 566 |
the right of disposition than such persons otherwise have pursuant | 567 |
to law: | 568 |
(1) A person who is willing to assume the responsibility to | 569 |
pay for the declarant's or deceased person's funeral, burial, | 570 |
cremation, hydrolysis, or final disposition; | 571 |
(2) The personal representative of the declarant or deceased | 572 |
person. | 573 |
Sec. 2108.83. In the event of a dispute regarding the right | 574 |
of disposition, a funeral home, funeral director, crematory or | 575 |
hydrolysis facility operator, cemetery operator, cemetery | 576 |
organization, or other person asked to assist with a declarant's | 577 |
or deceased person's funeral, burial, cremation, hydrolysis, or | 578 |
other manner of final disposition shall not be liable for damages | 579 |
of any kind for refusing to accept the remains, refusing to inter, | 580 |
cremate, hydrolyze, or otherwise dispose of the remains, or | 581 |
refusing to complete funeral or other arrangements pertaining to | 582 |
final disposition until such funeral home, funeral director, | 583 |
crematory or hydrolysis facility operator, cemetery operator, | 584 |
cemetery organization, or other person receives a court order or a | 585 |
written document that is executed by a person that the funeral | 586 |
home, funeral director, crematory or hydrolysis facility operator, | 587 |
cemetery operator, cemetery organization, or other person | 588 |
reasonably believes has the right of disposition and that clearly | 589 |
expresses how the right of disposition is to be exercised. | 590 |
Sec. 2108.84. If a funeral home, funeral director, crematory | 591 |
or hydrolysis facility operator, or other person asked to assist | 592 |
with a declarant's or deceased person's funeral, burial, | 593 |
cremation, hydrolysis, or other manner of final disposition is in | 594 |
possession of a declarant's or deceased person's remains while a | 595 |
dispute described in section 2108.83 of the Revised Code is | 596 |
pending, the funeral home, funeral director, crematory or | 597 |
hydrolysis facility operator, or other person may embalm or | 598 |
refrigerate and shelter the remains to preserve them and may add | 599 |
the cost of embalming, refrigeration, and sheltering to the final | 600 |
disposition costs to be charged. | 601 |
Sec. 2108.85. (A) If a funeral home, funeral director, | 602 |
crematory or hydrolysis facility operator, cemetery operator, | 603 |
cemetery organization, or other person asked to assist with a | 604 |
declarant's or deceased person's funeral, burial, cremation, | 605 |
hydrolysis, or other manner of final disposition brings a legal | 606 |
action for purposes of section 2108.83 or 2108.84 of the Revised | 607 |
Code, the funeral home, funeral director, crematory or hydrolysis | 608 |
facility operator, cemetery operator, cemetery organization, or | 609 |
other person may add to the costs the person charges for the goods | 610 |
and services the person provided the legal fees, if reasonable, | 611 |
and the court costs that the person incurred. | 612 |
(B) The right created by division (A) of this section shall | 613 |
neither be construed to require, nor impose a duty on, a funeral | 614 |
home, funeral director, crematory or hydrolysis facility operator, | 615 |
cemetery operator, cemetery organization, or other person asked to | 616 |
assist with a declarant's or deceased person's funeral, burial, | 617 |
cremation, hydrolysis, or other manner of final disposition, to | 618 |
bring a legal action and such person shall not be held criminally | 619 |
or civilly liable for not bringing an action. | 620 |
Sec. 2108.86. (A) A funeral home, funeral director, | 621 |
crematory or hydrolysis facility operator, cemetery operator, | 622 |
cemetery organization, or other person asked to assist with a | 623 |
declarant's funeral, burial, cremation, hydrolysis, or other | 624 |
manner of final disposition has the right to rely on the content | 625 |
of a written declaration and the instructions of the person or | 626 |
group of persons whom the funeral home, funeral director, | 627 |
crematory or hydrolysis facility operator, cemetery operator, | 628 |
cemetery organization, or other person reasonably believes has the | 629 |
right of disposition. | 630 |
(B) If the circumstances described in division (A) of section | 631 |
2108.81 of the Revised Code apply, a funeral home, funeral | 632 |
director, crematory or hydrolysis facility operator, cemetery | 633 |
operator, cemetery organization, or other person asked to assist | 634 |
with a deceased person's funeral, burial, cremation, hydrolysis, | 635 |
or other manner of final disposition has the right to rely on the | 636 |
instructions of the person or group of persons the funeral home, | 637 |
funeral director, crematory or hydrolysis facility operator, | 638 |
cemetery operator, cemetery organization, or other person | 639 |
reasonably believes has the right of disposition pursuant to | 640 |
section 2108.81 of the Revised Code. | 641 |
(C) No funeral home, funeral director, crematory or | 642 |
hydrolysis facility operator, cemetery operator, cemetery | 643 |
organization, or other person asked to assist with a deceased | 644 |
person's funeral, burial, cremation, hydrolysis, or other manner | 645 |
of final disposition, who relies, pursuant to divisions (A) and | 646 |
(B) of this section, in good faith on the contents of a written | 647 |
declaration or the instructions of the person or group of persons | 648 |
the funeral home, funeral director, crematory or hydrolysis | 649 |
facility operator, cemetery operator, cemetery organization, or | 650 |
other person reasonably believes has the right of disposition, | 651 |
shall be subject to criminal or civil liability or subject to | 652 |
disciplinary action for taking an action or not taking an action | 653 |
in reliance on such contents or instructions and for otherwise | 654 |
complying with sections 2108.70 to 2108.90 of the Revised Code. | 655 |
Sec. 2108.87. (A) A funeral home, funeral director, | 656 |
crematory or hydrolysis facility operator, cemetery operator, | 657 |
cemetery organization, or other person asked to assist with a | 658 |
deceased person's funeral, burial, cremation, hydrolysis, or other | 659 |
manner of final disposition may independently investigate the | 660 |
existence of, or locate or contact, the following persons: | 661 |
(1) A representative or successor representative named in a | 662 |
written declaration; | 663 |
(2) A person listed in section 2108.81 of the Revised Code. | 664 |
(B) In no circumstances shall a funeral home, funeral | 665 |
director, crematory or hydrolysis facility operator, cemetery | 666 |
operator, cemetery organization, or other person asked to assist | 667 |
with a deceased person's funeral, burial, cremation, hydrolysis, | 668 |
or other manner of final disposition have a duty to independently | 669 |
investigate the existence of, or locate or contact, the persons | 670 |
described in division (A) of this section. | 671 |
Sec. 2111.13. (A) When a guardian is appointed to have the | 672 |
custody and maintenance of a ward, and to have charge of the | 673 |
education of the ward if the ward is a minor, the guardian's | 674 |
duties are as follows: | 675 |
(1) To protect and control the person of the ward; | 676 |
(2) To provide suitable maintenance for the ward when | 677 |
necessary, which shall be paid out of the estate of such ward upon | 678 |
the order of the guardian of the person; | 679 |
(3) To provide such maintenance and education for such ward | 680 |
as the amount of the ward's estate justifies when the ward is a | 681 |
minor and has no father or mother, or has a father or mother who | 682 |
fails to maintain or educate the ward, which shall be paid out of | 683 |
such ward's estate upon the order of the guardian of the person; | 684 |
(4) To obey all the orders and judgments of the probate court | 685 |
touching the guardianship. | 686 |
(B) Except as provided in section 2111.131 of the Revised | 687 |
Code, no part of the ward's estate shall be used for the support, | 688 |
maintenance, or education of such ward unless ordered and approved | 689 |
by the court. | 690 |
(C) A guardian of the person may authorize or approve the | 691 |
provision to the ward of medical, health, or other professional | 692 |
care, counsel, treatment, or services unless the ward or an | 693 |
interested party files objections with the probate court, or the | 694 |
court, by rule or order, provides otherwise. | 695 |
(D) Unless a person with the right of disposition for a ward | 696 |
under section 2108.70 or 2108.81 of the Revised Code has made a | 697 |
decision regarding whether or not consent to an autopsy or | 698 |
post-mortem examination on the body of the deceased ward under | 699 |
section 2108.50 of the Revised Code shall be given, a guardian of | 700 |
the person of a ward who has died may consent to the autopsy or | 701 |
post-mortem examination. | 702 |
(E) If a deceased ward did not have a guardian of the estate, | 703 |
the estate is not required to be administered by a probate court, | 704 |
and a person with the right of disposition for a ward, as | 705 |
described in section 2108.70 or 2108.81 of the Revised Code, has | 706 |
not made a decision regarding the disposition of the ward's body | 707 |
or remains, the guardian of the person of the ward may authorize | 708 |
the burial | 709 |
(F) A guardian who gives consent or authorization as | 710 |
described in divisions (D) and (E) of this section shall notify | 711 |
the probate court as soon as possible after giving the consent or | 712 |
authorization. | 713 |
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of the | 714 |
Revised Code: | 715 |
(A) "Claimant" means both of the following categories of | 716 |
persons: | 717 |
(1) Any of the following persons who claim an award of | 718 |
reparations under sections 2743.51 to 2743.72 of the Revised Code: | 719 |
(a) A victim who was one of the following at the time of the | 720 |
criminally injurious conduct: | 721 |
(i) A resident of the United States; | 722 |
(ii) A resident of a foreign country the laws of which permit | 723 |
residents of this state to recover compensation as victims of | 724 |
offenses committed in that country. | 725 |
(b) A dependent of a deceased victim who is described in | 726 |
division (A)(1)(a) of this section; | 727 |
(c) A third person, other than a collateral source, who | 728 |
legally assumes or voluntarily pays the obligations of a victim, | 729 |
or of a dependent of a victim, who is described in division | 730 |
(A)(1)(a) of this section, which obligations are incurred as a | 731 |
result of the criminally injurious conduct that is the subject of | 732 |
the claim and may include, but are not limited to, medical or | 733 |
burial expenses; | 734 |
(d) A person who is authorized to act on behalf of any person | 735 |
who is described in division (A)(1)(a), (b), or (c) of this | 736 |
section; | 737 |
(e) The estate of a deceased victim who is described in | 738 |
division (A)(1)(a) of this section. | 739 |
(2) Any of the following persons who claim an award of | 740 |
reparations under sections 2743.51 to 2743.72 of the Revised Code: | 741 |
(a) A victim who had a permanent place of residence within | 742 |
this state at the time of the criminally injurious conduct and | 743 |
who, at the time of the criminally injurious conduct, complied | 744 |
with any one of the following: | 745 |
(i) Had a permanent place of employment in this state; | 746 |
(ii) Was a member of the regular armed forces of the United | 747 |
States or of the United States coast guard or was a full-time | 748 |
member of the Ohio organized militia or of the United States army | 749 |
reserve, naval reserve, or air force reserve; | 750 |
(iii) Was retired and receiving social security or any other | 751 |
retirement income; | 752 |
(iv) Was sixty years of age or older; | 753 |
(v) Was temporarily in another state for the purpose of | 754 |
receiving medical treatment; | 755 |
(vi) Was temporarily in another state for the purpose of | 756 |
performing employment-related duties required by an employer | 757 |
located within this state as an express condition of employment or | 758 |
employee benefits; | 759 |
(vii) Was temporarily in another state for the purpose of | 760 |
receiving occupational, vocational, or other job-related training | 761 |
or instruction required by an employer located within this state | 762 |
as an express condition of employment or employee benefits; | 763 |
(viii) Was a full-time student at an academic institution, | 764 |
college, or university located in another state; | 765 |
(ix) Had not departed the geographical boundaries of this | 766 |
state for a period exceeding thirty days or with the intention of | 767 |
becoming a citizen of another state or establishing a permanent | 768 |
place of residence in another state. | 769 |
(b) A dependent of a deceased victim who is described in | 770 |
division (A)(2)(a) of this section; | 771 |
(c) A third person, other than a collateral source, who | 772 |
legally assumes or voluntarily pays the obligations of a victim, | 773 |
or of a dependent of a victim, who is described in division | 774 |
(A)(2)(a) of this section, which obligations are incurred as a | 775 |
result of the criminally injurious conduct that is the subject of | 776 |
the claim and may include, but are not limited to, medical or | 777 |
burial expenses; | 778 |
(d) A person who is authorized to act on behalf of any person | 779 |
who is described in division (A)(2)(a), (b), or (c) of this | 780 |
section; | 781 |
(e) The estate of a deceased victim who is described in | 782 |
division (A)(2)(a) of this section. | 783 |
(B) "Collateral source" means a source of benefits or | 784 |
advantages for economic loss otherwise reparable that the victim | 785 |
or claimant has received, or that is readily available to the | 786 |
victim or claimant, from any of the following sources: | 787 |
(1) The offender; | 788 |
(2) The government of the United States or any of its | 789 |
agencies, a state or any of its political subdivisions, or an | 790 |
instrumentality of two or more states, unless the law providing | 791 |
for the benefits or advantages makes them excess or secondary to | 792 |
benefits under sections 2743.51 to 2743.72 of the Revised Code; | 793 |
(3) Social security, medicare, and medicaid; | 794 |
(4) State-required, temporary, nonoccupational disability | 795 |
insurance; | 796 |
(5) Workers' compensation; | 797 |
(6) Wage continuation programs of any employer; | 798 |
(7) Proceeds of a contract of insurance payable to the victim | 799 |
for loss that the victim sustained because of the criminally | 800 |
injurious conduct; | 801 |
(8) A contract providing prepaid hospital and other health | 802 |
care services, or benefits for disability; | 803 |
(9) That portion of the proceeds of all contracts of | 804 |
insurance payable to the claimant on account of the death of the | 805 |
victim that exceeds fifty thousand dollars; | 806 |
(10) Any compensation recovered or recoverable under the laws | 807 |
of another state, district, territory, or foreign country because | 808 |
the victim was the victim of an offense committed in that state, | 809 |
district, territory, or country. | 810 |
"Collateral source" does not include any money, or the | 811 |
monetary value of any property, that is subject to sections | 812 |
2969.01 to 2969.06 of the Revised Code or that is received as a | 813 |
benefit from the Ohio public safety officers death benefit fund | 814 |
created by section 742.62 of the Revised Code. | 815 |
(C) "Criminally injurious conduct" means one of the | 816 |
following: | 817 |
(1) For the purposes of any person described in division | 818 |
(A)(1) of this section, any conduct that occurs or is attempted in | 819 |
this state; poses a substantial threat of personal injury or | 820 |
death; and is punishable by fine, imprisonment, or death, or would | 821 |
be so punishable but for the fact that the person engaging in the | 822 |
conduct lacked capacity to commit the crime under the laws of this | 823 |
state. Criminally injurious conduct does not include conduct | 824 |
arising out of the ownership, maintenance, or use of a motor | 825 |
vehicle, except when any of the following applies: | 826 |
(a) The person engaging in the conduct intended to cause | 827 |
personal injury or death; | 828 |
(b) The person engaging in the conduct was using the vehicle | 829 |
to flee immediately after committing a felony or an act that would | 830 |
constitute a felony but for the fact that the person engaging in | 831 |
the conduct lacked the capacity to commit the felony under the | 832 |
laws of this state; | 833 |
(c) The person engaging in the conduct was using the vehicle | 834 |
in a manner that constitutes an OVI violation; | 835 |
(d) The conduct occurred on or after July 25, 1990, and the | 836 |
person engaging in the conduct was using the vehicle in a manner | 837 |
that constitutes a violation of section 2903.08 of the Revised | 838 |
Code; | 839 |
(e) The person engaging in the conduct acted in a manner that | 840 |
caused serious physical harm to a person and that constituted a | 841 |
violation of section 4549.02 or 4549.021 of the Revised Code. | 842 |
(2) For the purposes of any person described in division | 843 |
(A)(2) of this section, any conduct that occurs or is attempted in | 844 |
another state, district, territory, or foreign country; poses a | 845 |
substantial threat of personal injury or death; and is punishable | 846 |
by fine, imprisonment, or death, or would be so punishable but for | 847 |
the fact that the person engaging in the conduct lacked capacity | 848 |
to commit the crime under the laws of the state, district, | 849 |
territory, or foreign country in which the conduct occurred or was | 850 |
attempted. Criminally injurious conduct does not include conduct | 851 |
arising out of the ownership, maintenance, or use of a motor | 852 |
vehicle, except when any of the following applies: | 853 |
(a) The person engaging in the conduct intended to cause | 854 |
personal injury or death; | 855 |
(b) The person engaging in the conduct was using the vehicle | 856 |
to flee immediately after committing a felony or an act that would | 857 |
constitute a felony but for the fact that the person engaging in | 858 |
the conduct lacked the capacity to commit the felony under the | 859 |
laws of the state, district, territory, or foreign country in | 860 |
which the conduct occurred or was attempted; | 861 |
(c) The person engaging in the conduct was using the vehicle | 862 |
in a manner that constitutes an OVI violation; | 863 |
(d) The conduct occurred on or after July 25, 1990, the | 864 |
person engaging in the conduct was using the vehicle in a manner | 865 |
that constitutes a violation of any law of the state, district, | 866 |
territory, or foreign country in which the conduct occurred, and | 867 |
that law is substantially similar to a violation of section | 868 |
2903.08 of the Revised Code; | 869 |
(e) The person engaging in the conduct acted in a manner that | 870 |
caused serious physical harm to a person and that constituted a | 871 |
violation of any law of the state, district, territory, or foreign | 872 |
country in which the conduct occurred, and that law is | 873 |
substantially similar to section 4549.02 or 4549.021 of the | 874 |
Revised Code. | 875 |
(3) For the purposes of any person described in division | 876 |
(A)(1) or (2) of this section, terrorism that occurs within or | 877 |
outside the territorial jurisdiction of the United States. | 878 |
(D) "Dependent" means an individual wholly or partially | 879 |
dependent upon the victim for care and support, and includes a | 880 |
child of the victim born after the victim's death. | 881 |
(E) "Economic loss" means economic detriment consisting only | 882 |
of allowable expense, work loss, funeral expense, unemployment | 883 |
benefits loss, replacement services loss, cost of crime scene | 884 |
cleanup, and cost of evidence replacement. If criminally injurious | 885 |
conduct causes death, economic loss includes a dependent's | 886 |
economic loss and a dependent's replacement services loss. | 887 |
Noneconomic detriment is not economic loss; however, economic loss | 888 |
may be caused by pain and suffering or physical impairment. | 889 |
(F)(1) "Allowable expense" means reasonable charges incurred | 890 |
for reasonably needed products, services, and accommodations, | 891 |
including those for medical care, rehabilitation, rehabilitative | 892 |
occupational training, and other remedial treatment and care and | 893 |
including replacement costs for hearing aids; dentures, retainers, | 894 |
and other dental appliances; canes, walkers, and other mobility | 895 |
tools; and eyeglasses and other corrective lenses. It does not | 896 |
include that portion of a charge for a room in a hospital, clinic, | 897 |
convalescent home, nursing home, or any other institution engaged | 898 |
in providing nursing care and related services in excess of a | 899 |
reasonable and customary charge for semiprivate accommodations, | 900 |
unless accommodations other than semiprivate accommodations are | 901 |
medically required. | 902 |
(2) An immediate family member of a victim of criminally | 903 |
injurious conduct that consists of a homicide, a sexual assault, | 904 |
domestic violence, or a severe and permanent incapacitating injury | 905 |
resulting in paraplegia or a similar life-altering condition, who | 906 |
requires psychiatric care or counseling as a result of the | 907 |
criminally injurious conduct, may be reimbursed for that care or | 908 |
counseling as an allowable expense through the victim's | 909 |
application. The cumulative allowable expense for care or | 910 |
counseling of that nature shall not exceed two thousand five | 911 |
hundred dollars for each immediate family member of a victim of | 912 |
that type and seven thousand five hundred dollars in the aggregate | 913 |
for all immediate family members of a victim of that type. | 914 |
(3) A family member of a victim who died as a proximate | 915 |
result of criminally injurious conduct may be reimbursed as an | 916 |
allowable expense through the victim's application for wages lost | 917 |
and travel expenses incurred in order to attend criminal justice | 918 |
proceedings arising from the criminally injurious conduct. The | 919 |
cumulative allowable expense for wages lost and travel expenses | 920 |
incurred by a family member to attend criminal justice proceedings | 921 |
shall not exceed five hundred dollars for each family member of | 922 |
the victim and two thousand dollars in the aggregate for all | 923 |
family members of the victim. | 924 |
(4)(a) "Allowable expense" includes reasonable expenses and | 925 |
fees necessary to obtain a guardian's bond pursuant to section | 926 |
2109.04 of the Revised Code when the bond is required to pay an | 927 |
award to a fiduciary on behalf of a minor or other incompetent. | 928 |
(b) "Allowable expense" includes attorney's fees not | 929 |
exceeding one thousand dollars, at a rate not exceeding one | 930 |
hundred dollars per hour, incurred to successfully obtain a | 931 |
restraining order, custody order, or other order to physically | 932 |
separate a victim from an offender. Attorney's fees for the | 933 |
services described in this division may include an amount for | 934 |
reasonable travel time incurred to attend court hearings, not | 935 |
exceeding three hours' round-trip for each court hearing, assessed | 936 |
at a rate not exceeding thirty dollars per hour. | 937 |
(G) "Work loss" means loss of income from work that the | 938 |
injured person would have performed if the person had not been | 939 |
injured and expenses reasonably incurred by the person to obtain | 940 |
services in lieu of those the person would have performed for | 941 |
income, reduced by any income from substitute work actually | 942 |
performed by the person, or by income the person would have earned | 943 |
in available appropriate substitute work that the person was | 944 |
capable of performing but unreasonably failed to undertake. | 945 |
(H) "Replacement services loss" means expenses reasonably | 946 |
incurred in obtaining ordinary and necessary services in lieu of | 947 |
those the injured person would have performed, not for income, but | 948 |
for the benefit of the person's self or family, if the person had | 949 |
not been injured. | 950 |
(I) "Dependent's economic loss" means loss after a victim's | 951 |
death of contributions of things of economic value to the victim's | 952 |
dependents, not including services they would have received from | 953 |
the victim if the victim had not suffered the fatal injury, less | 954 |
expenses of the dependents avoided by reason of the victim's | 955 |
death. If a minor child of a victim is adopted after the victim's | 956 |
death, the minor child continues after the adoption to incur a | 957 |
dependent's economic loss as a result of the victim's death. If | 958 |
the surviving spouse of a victim remarries, the surviving spouse | 959 |
continues after the remarriage to incur a dependent's economic | 960 |
loss as a result of the victim's death. | 961 |
(J) "Dependent's replacement services loss" means loss | 962 |
reasonably incurred by dependents after a victim's death in | 963 |
obtaining ordinary and necessary services in lieu of those the | 964 |
victim would have performed for their benefit if the victim had | 965 |
not suffered the fatal injury, less expenses of the dependents | 966 |
avoided by reason of the victim's death and not subtracted in | 967 |
calculating the dependent's economic loss. If a minor child of a | 968 |
victim is adopted after the victim's death, the minor child | 969 |
continues after the adoption to incur a dependent's replacement | 970 |
services loss as a result of the victim's death. If the surviving | 971 |
spouse of a victim remarries, the surviving spouse continues after | 972 |
the remarriage to incur a dependent's replacement services loss as | 973 |
a result of the victim's death. | 974 |
(K) "Noneconomic detriment" means pain, suffering, | 975 |
inconvenience, physical impairment, or other nonpecuniary damage. | 976 |
(L) "Victim" means a person who suffers personal injury or | 977 |
death as a result of any of the following: | 978 |
(1) Criminally injurious conduct; | 979 |
(2) The good faith effort of any person to prevent criminally | 980 |
injurious conduct; | 981 |
(3) The good faith effort of any person to apprehend a person | 982 |
suspected of engaging in criminally injurious conduct. | 983 |
(M) "Contributory misconduct" means any conduct of the | 984 |
claimant or of the victim through whom the claimant claims an | 985 |
award of reparations that is unlawful or intentionally tortious | 986 |
and that, without regard to the conduct's proximity in time or | 987 |
space to the criminally injurious conduct, has a causal | 988 |
relationship to the criminally injurious conduct that is the basis | 989 |
of the claim. | 990 |
(N)(1) "Funeral expense" means any reasonable charges that | 991 |
are not in excess of seven thousand five hundred dollars per | 992 |
funeral and that are incurred for expenses directly related to a | 993 |
victim's funeral, cremation, hydrolysis, or burial and any wages | 994 |
lost or travel expenses incurred by a family member of a victim in | 995 |
order to attend the victim's funeral, cremation, hydrolysis, or | 996 |
burial. | 997 |
(2) An award for funeral expenses shall be applied first to | 998 |
expenses directly related to the victim's funeral, cremation, | 999 |
hydrolysis, or burial. An award for wages lost or travel expenses | 1000 |
incurred by a family member of the victim shall not exceed five | 1001 |
hundred dollars for each family member and shall not exceed in the | 1002 |
aggregate the difference between seven thousand five hundred | 1003 |
dollars and expenses that are reimbursed by the program and that | 1004 |
are directly related to the victim's funeral, cremation, | 1005 |
hydrolysis, or burial. | 1006 |
(O) "Unemployment benefits loss" means a loss of unemployment | 1007 |
benefits pursuant to Chapter 4141. of the Revised Code when the | 1008 |
loss arises solely from the inability of a victim to meet the able | 1009 |
to work, available for suitable work, or the actively seeking | 1010 |
suitable work requirements of division (A)(4)(a) of section | 1011 |
4141.29 of the Revised Code. | 1012 |
(P) "OVI violation" means any of the following: | 1013 |
(1) A violation of section 4511.19 of the Revised Code, of | 1014 |
any municipal ordinance prohibiting the operation of a vehicle | 1015 |
while under the influence of alcohol, a drug of abuse, or a | 1016 |
combination of them, or of any municipal ordinance prohibiting the | 1017 |
operation of a vehicle with a prohibited concentration of alcohol, | 1018 |
a controlled substance, or a metabolite of a controlled substance | 1019 |
in the whole blood, blood serum or plasma, breath, or urine; | 1020 |
(2) A violation of division (A)(1) of section 2903.06 of the | 1021 |
Revised Code; | 1022 |
(3) A violation of division (A)(2), (3), or (4) of section | 1023 |
2903.06 of the Revised Code or of a municipal ordinance | 1024 |
substantially similar to any of those divisions, if the offender | 1025 |
was under the influence of alcohol, a drug of abuse, or a | 1026 |
combination of them, at the time of the commission of the offense; | 1027 |
(4) For purposes of any person described in division (A)(2) | 1028 |
of this section, a violation of any law of the state, district, | 1029 |
territory, or foreign country in which the criminally injurious | 1030 |
conduct occurred, if that law is substantially similar to a | 1031 |
violation described in division (P)(1) or (2) of this section or | 1032 |
if that law is substantially similar to a violation described in | 1033 |
division (P)(3) of this section and the offender was under the | 1034 |
influence of alcohol, a drug of abuse, or a combination of them, | 1035 |
at the time of the commission of the offense. | 1036 |
(Q) "Pendency of the claim" for an original reparations | 1037 |
application or supplemental reparations application means the | 1038 |
period of time from the date the criminally injurious conduct upon | 1039 |
which the application is based occurred until the date a final | 1040 |
decision, order, or judgment concerning that original reparations | 1041 |
application or supplemental reparations application is issued. | 1042 |
(R) "Terrorism" means any activity to which all of the | 1043 |
following apply: | 1044 |
(1) The activity involves a violent act or an act that is | 1045 |
dangerous to human life. | 1046 |
(2) The act described in division (R)(1) of this section is | 1047 |
committed within the territorial jurisdiction of the United States | 1048 |
and is a violation of the criminal laws of the United States, this | 1049 |
state, or any other state or the act described in division (R)(1) | 1050 |
of this section is committed outside the territorial jurisdiction | 1051 |
of the United States and would be a violation of the criminal laws | 1052 |
of the United States, this state, or any other state if committed | 1053 |
within the territorial jurisdiction of the United States. | 1054 |
(3) The activity appears to be intended to do any of the | 1055 |
following: | 1056 |
(a) Intimidate or coerce a civilian population; | 1057 |
(b) Influence the policy of any government by intimidation or | 1058 |
coercion; | 1059 |
(c) Affect the conduct of any government by assassination or | 1060 |
kidnapping. | 1061 |
(4) The activity occurs primarily outside the territorial | 1062 |
jurisdiction of the United States or transcends the national | 1063 |
boundaries of the United States in terms of the means by which the | 1064 |
activity is accomplished, the person or persons that the activity | 1065 |
appears intended to intimidate or coerce, or the area or locale in | 1066 |
which the perpetrator or perpetrators of the activity operate or | 1067 |
seek asylum. | 1068 |
(S) "Transcends the national boundaries of the United States" | 1069 |
means occurring outside the territorial jurisdiction of the United | 1070 |
States in addition to occurring within the territorial | 1071 |
jurisdiction of the United States. | 1072 |
(T) "Cost of crime scene cleanup" means any of the following: | 1073 |
(1) The replacement cost for items of clothing removed from a | 1074 |
victim in order to make an assessment of possible physical harm or | 1075 |
to treat physical harm; | 1076 |
(2) Reasonable and necessary costs of cleaning the scene and | 1077 |
repairing, for the purpose of personal security, property damaged | 1078 |
at the scene where the criminally injurious conduct occurred, not | 1079 |
to exceed seven hundred fifty dollars in the aggregate per claim. | 1080 |
(U) "Cost of evidence replacement" means costs for | 1081 |
replacement of property confiscated for evidentiary purposes | 1082 |
related to the criminally injurious conduct, not to exceed seven | 1083 |
hundred fifty dollars in the aggregate per claim. | 1084 |
(V) "Provider" means any person who provides a victim or | 1085 |
claimant with a product, service, or accommodations that are an | 1086 |
allowable expense or a funeral expense. | 1087 |
(W) "Immediate family member" means an individual who resided | 1088 |
in the same permanent household as a victim at the time of the | 1089 |
criminally injurious conduct and who is related to the victim by | 1090 |
affinity or consanguinity. | 1091 |
(X) "Family member" means an individual who is related to a | 1092 |
victim by affinity or consanguinity. | 1093 |
Sec. 2925.01. As used in this chapter: | 1094 |
(A) "Administer," "controlled substance," "dispense," | 1095 |
"distribute," "hypodermic," "manufacturer," "official written | 1096 |
order," "person," "pharmacist," "pharmacy," "sale," "schedule I," | 1097 |
"schedule II," "schedule III," "schedule IV," "schedule V," and | 1098 |
"wholesaler" have the same meanings as in section 3719.01 of the | 1099 |
Revised Code. | 1100 |
(B) "Drug dependent person" and "drug of abuse" have the same | 1101 |
meanings as in section 3719.011 of the Revised Code. | 1102 |
(C) "Drug," "dangerous drug," "licensed health professional | 1103 |
authorized to prescribe drugs," and "prescription" have the same | 1104 |
meanings as in section 4729.01 of the Revised Code. | 1105 |
(D) "Bulk amount" of a controlled substance means any of the | 1106 |
following: | 1107 |
(1) For any compound, mixture, preparation, or substance | 1108 |
included in schedule I, schedule II, or schedule III, with the | 1109 |
exception of marihuana, cocaine, L.S.D., heroin, and hashish and | 1110 |
except as provided in division (D)(2) or (5) of this section, | 1111 |
whichever of the following is applicable: | 1112 |
(a) An amount equal to or exceeding ten grams or twenty-five | 1113 |
unit doses of a compound, mixture, preparation, or substance that | 1114 |
is or contains any amount of a schedule I opiate or opium | 1115 |
derivative; | 1116 |
(b) An amount equal to or exceeding ten grams of a compound, | 1117 |
mixture, preparation, or substance that is or contains any amount | 1118 |
of raw or gum opium; | 1119 |
(c) An amount equal to or exceeding thirty grams or ten unit | 1120 |
doses of a compound, mixture, preparation, or substance that is or | 1121 |
contains any amount of a schedule I hallucinogen other than | 1122 |
tetrahydrocannabinol or lysergic acid amide, or a schedule I | 1123 |
stimulant or depressant; | 1124 |
(d) An amount equal to or exceeding twenty grams or five | 1125 |
times the maximum daily dose in the usual dose range specified in | 1126 |
a standard pharmaceutical reference manual of a compound, mixture, | 1127 |
preparation, or substance that is or contains any amount of a | 1128 |
schedule II opiate or opium derivative; | 1129 |
(e) An amount equal to or exceeding five grams or ten unit | 1130 |
doses of a compound, mixture, preparation, or substance that is or | 1131 |
contains any amount of phencyclidine; | 1132 |
(f) An amount equal to or exceeding one hundred twenty grams | 1133 |
or thirty times the maximum daily dose in the usual dose range | 1134 |
specified in a standard pharmaceutical reference manual of a | 1135 |
compound, mixture, preparation, or substance that is or contains | 1136 |
any amount of a schedule II stimulant that is in a final dosage | 1137 |
form manufactured by a person authorized by the "Federal Food, | 1138 |
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as | 1139 |
amended, and the federal drug abuse control laws, as defined in | 1140 |
section 3719.01 of the Revised Code, that is or contains any | 1141 |
amount of a schedule II depressant substance or a schedule II | 1142 |
hallucinogenic substance; | 1143 |
(g) An amount equal to or exceeding three grams of a | 1144 |
compound, mixture, preparation, or substance that is or contains | 1145 |
any amount of a schedule II stimulant, or any of its salts or | 1146 |
isomers, that is not in a final dosage form manufactured by a | 1147 |
person authorized by the Federal Food, Drug, and Cosmetic Act and | 1148 |
the federal drug abuse control laws. | 1149 |
(2) An amount equal to or exceeding one hundred twenty grams | 1150 |
or thirty times the maximum daily dose in the usual dose range | 1151 |
specified in a standard pharmaceutical reference manual of a | 1152 |
compound, mixture, preparation, or substance that is or contains | 1153 |
any amount of a schedule III or IV substance other than an | 1154 |
anabolic steroid or a schedule III opiate or opium derivative; | 1155 |
(3) An amount equal to or exceeding twenty grams or five | 1156 |
times the maximum daily dose in the usual dose range specified in | 1157 |
a standard pharmaceutical reference manual of a compound, mixture, | 1158 |
preparation, or substance that is or contains any amount of a | 1159 |
schedule III opiate or opium derivative; | 1160 |
(4) An amount equal to or exceeding two hundred fifty | 1161 |
milliliters or two hundred fifty grams of a compound, mixture, | 1162 |
preparation, or substance that is or contains any amount of a | 1163 |
schedule V substance; | 1164 |
(5) An amount equal to or exceeding two hundred solid dosage | 1165 |
units, sixteen grams, or sixteen milliliters of a compound, | 1166 |
mixture, preparation, or substance that is or contains any amount | 1167 |
of a schedule III anabolic steroid. | 1168 |
(E) "Unit dose" means an amount or unit of a compound, | 1169 |
mixture, or preparation containing a controlled substance that is | 1170 |
separately identifiable and in a form that indicates that it is | 1171 |
the amount or unit by which the controlled substance is separately | 1172 |
administered to or taken by an individual. | 1173 |
(F) "Cultivate" includes planting, watering, fertilizing, or | 1174 |
tilling. | 1175 |
(G) "Drug abuse offense" means any of the following: | 1176 |
(1) A violation of division (A) of section 2913.02 that | 1177 |
constitutes theft of drugs, or a violation of section 2925.02, | 1178 |
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, | 1179 |
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or | 1180 |
2925.37 of the Revised Code; | 1181 |
(2) A violation of an existing or former law of this or any | 1182 |
other state or of the United States that is substantially | 1183 |
equivalent to any section listed in division (G)(1) of this | 1184 |
section; | 1185 |
(3) An offense under an existing or former law of this or any | 1186 |
other state, or of the United States, of which planting, | 1187 |
cultivating, harvesting, processing, making, manufacturing, | 1188 |
producing, shipping, transporting, delivering, acquiring, | 1189 |
possessing, storing, distributing, dispensing, selling, inducing | 1190 |
another to use, administering to another, using, or otherwise | 1191 |
dealing with a controlled substance is an element; | 1192 |
(4) A conspiracy to commit, attempt to commit, or complicity | 1193 |
in committing or attempting to commit any offense under division | 1194 |
(G)(1), (2), or (3) of this section. | 1195 |
(H) "Felony drug abuse offense" means any drug abuse offense | 1196 |
that would constitute a felony under the laws of this state, any | 1197 |
other state, or the United States. | 1198 |
(I) "Harmful intoxicant" does not include beer or | 1199 |
intoxicating liquor but means any of the following: | 1200 |
(1) Any compound, mixture, preparation, or substance the gas, | 1201 |
fumes, or vapor of which when inhaled can induce intoxication, | 1202 |
excitement, giddiness, irrational behavior, depression, | 1203 |
stupefaction, paralysis, unconsciousness, asphyxiation, or other | 1204 |
harmful physiological effects, and includes, but is not limited | 1205 |
to, any of the following: | 1206 |
(a) Any volatile organic solvent, plastic cement, model | 1207 |
cement, fingernail polish remover, lacquer thinner, cleaning | 1208 |
fluid, gasoline, or other preparation containing a volatile | 1209 |
organic solvent; | 1210 |
(b) Any aerosol propellant; | 1211 |
(c) Any fluorocarbon refrigerant; | 1212 |
(d) Any anesthetic gas. | 1213 |
(2) Gamma Butyrolactone; | 1214 |
(3) 1,4 Butanediol. | 1215 |
(J) "Manufacture" means to plant, cultivate, harvest, | 1216 |
process, make, prepare, or otherwise engage in any part of the | 1217 |
production of a drug, by propagation, extraction, chemical | 1218 |
synthesis, or compounding, or any combination of the same, and | 1219 |
includes packaging, repackaging, labeling, and other activities | 1220 |
incident to production. | 1221 |
(K) "Possess" or "possession" means having control over a | 1222 |
thing or substance, but may not be inferred solely from mere | 1223 |
access to the thing or substance through ownership or occupation | 1224 |
of the premises upon which the thing or substance is found. | 1225 |
(L) "Sample drug" means a drug or pharmaceutical preparation | 1226 |
that would be hazardous to health or safety if used without the | 1227 |
supervision of a licensed health professional authorized to | 1228 |
prescribe drugs, or a drug of abuse, and that, at one time, had | 1229 |
been placed in a container plainly marked as a sample by a | 1230 |
manufacturer. | 1231 |
(M) "Standard pharmaceutical reference manual" means the | 1232 |
current edition, with cumulative changes if any, of any of the | 1233 |
following reference works: | 1234 |
(1) "The National Formulary"; | 1235 |
(2) "The United States Pharmacopeia," prepared by authority | 1236 |
of the United States Pharmacopeial Convention, Inc.; | 1237 |
(3) Other standard references that are approved by the state | 1238 |
board of pharmacy. | 1239 |
(N) "Juvenile" means a person under eighteen years of age. | 1240 |
(O) "Counterfeit controlled substance" means any of the | 1241 |
following: | 1242 |
(1) Any drug that bears, or whose container or label bears, a | 1243 |
trademark, trade name, or other identifying mark used without | 1244 |
authorization of the owner of rights to that trademark, trade | 1245 |
name, or identifying mark; | 1246 |
(2) Any unmarked or unlabeled substance that is represented | 1247 |
to be a controlled substance manufactured, processed, packed, or | 1248 |
distributed by a person other than the person that manufactured, | 1249 |
processed, packed, or distributed it; | 1250 |
(3) Any substance that is represented to be a controlled | 1251 |
substance but is not a controlled substance or is a different | 1252 |
controlled substance; | 1253 |
(4) Any substance other than a controlled substance that a | 1254 |
reasonable person would believe to be a controlled substance | 1255 |
because of its similarity in shape, size, and color, or its | 1256 |
markings, labeling, packaging, distribution, or the price for | 1257 |
which it is sold or offered for sale. | 1258 |
(P) An offense is "committed in the vicinity of a school" if | 1259 |
the offender commits the offense on school premises, in a school | 1260 |
building, or within one thousand feet of the boundaries of any | 1261 |
school premises, regardless of whether the offender knows the | 1262 |
offense is being committed on school premises, in a school | 1263 |
building, or within one thousand feet of the boundaries of any | 1264 |
school premises. | 1265 |
(Q) "School" means any school operated by a board of | 1266 |
education, any community school established under Chapter 3314. of | 1267 |
the Revised Code, or any nonpublic school for which the state | 1268 |
board of education prescribes minimum standards under section | 1269 |
3301.07 of the Revised Code, whether or not any instruction, | 1270 |
extracurricular activities, or training provided by the school is | 1271 |
being conducted at the time a criminal offense is committed. | 1272 |
(R) "School premises" means either of the following: | 1273 |
(1) The parcel of real property on which any school is | 1274 |
situated, whether or not any instruction, extracurricular | 1275 |
activities, or training provided by the school is being conducted | 1276 |
on the premises at the time a criminal offense is committed; | 1277 |
(2) Any other parcel of real property that is owned or leased | 1278 |
by a board of education of a school, the governing authority of a | 1279 |
community school established under Chapter 3314. of the Revised | 1280 |
Code, or the governing body of a nonpublic school for which the | 1281 |
state board of education prescribes minimum standards under | 1282 |
section 3301.07 of the Revised Code and on which some of the | 1283 |
instruction, extracurricular activities, or training of the school | 1284 |
is conducted, whether or not any instruction, extracurricular | 1285 |
activities, or training provided by the school is being conducted | 1286 |
on the parcel of real property at the time a criminal offense is | 1287 |
committed. | 1288 |
(S) "School building" means any building in which any of the | 1289 |
instruction, extracurricular activities, or training provided by a | 1290 |
school is conducted, whether or not any instruction, | 1291 |
extracurricular activities, or training provided by the school is | 1292 |
being conducted in the school building at the time a criminal | 1293 |
offense is committed. | 1294 |
(T) "Disciplinary counsel" means the disciplinary counsel | 1295 |
appointed by the board of commissioners on grievances and | 1296 |
discipline of the supreme court under the Rules for the Government | 1297 |
of the Bar of Ohio. | 1298 |
(U) "Certified grievance committee" means a duly constituted | 1299 |
and organized committee of the Ohio state bar association or of | 1300 |
one or more local bar associations of the state of Ohio that | 1301 |
complies with the criteria set forth in Rule V, section 6 of the | 1302 |
Rules for the Government of the Bar of Ohio. | 1303 |
(V) "Professional license" means any license, permit, | 1304 |
certificate, registration, qualification, admission, temporary | 1305 |
license, temporary permit, temporary certificate, or temporary | 1306 |
registration that is described in divisions (W)(1) to (36) of this | 1307 |
section and that qualifies a person as a professionally licensed | 1308 |
person. | 1309 |
(W) "Professionally licensed person" means any of the | 1310 |
following: | 1311 |
(1) A person who has obtained a license as a manufacturer of | 1312 |
controlled substances or a wholesaler of controlled substances | 1313 |
under Chapter 3719. of the Revised Code; | 1314 |
(2) A person who has received a certificate or temporary | 1315 |
certificate as a certified public accountant or who has registered | 1316 |
as a public accountant under Chapter 4701. of the Revised Code and | 1317 |
who holds an Ohio permit issued under that chapter; | 1318 |
(3) A person who holds a certificate of qualification to | 1319 |
practice architecture issued or renewed and registered under | 1320 |
Chapter 4703. of the Revised Code; | 1321 |
(4) A person who is registered as a landscape architect under | 1322 |
Chapter 4703. of the Revised Code or who holds a permit as a | 1323 |
landscape architect issued under that chapter; | 1324 |
(5) A person licensed under Chapter 4707. of the Revised | 1325 |
Code; | 1326 |
(6) A person who has been issued a certificate of | 1327 |
registration as a registered barber under Chapter 4709. of the | 1328 |
Revised Code; | 1329 |
(7) A person licensed and regulated to engage in the business | 1330 |
of a debt pooling company by a legislative authority, under | 1331 |
authority of Chapter 4710. of the Revised Code; | 1332 |
(8) A person who has been issued a cosmetologist's license, | 1333 |
hair designer's license, manicurist's license, esthetician's | 1334 |
license, natural hair stylist's license, managing cosmetologist's | 1335 |
license, managing hair designer's license, managing manicurist's | 1336 |
license, managing esthetician's license, managing natural hair | 1337 |
stylist's license, cosmetology instructor's license, hair design | 1338 |
instructor's license, manicurist instructor's license, esthetics | 1339 |
instructor's license, natural hair style instructor's license, | 1340 |
independent contractor's license, or tanning facility permit under | 1341 |
Chapter 4713. of the Revised Code; | 1342 |
(9) A person who has been issued a license to practice | 1343 |
dentistry, a general anesthesia permit, a conscious intravenous | 1344 |
sedation permit, a limited resident's license, a limited teaching | 1345 |
license, a dental hygienist's license, or a dental hygienist's | 1346 |
teacher's certificate under Chapter 4715. of the Revised Code; | 1347 |
(10) A person who has been issued an embalmer's license, a | 1348 |
funeral director's license, a funeral home license, or a crematory | 1349 |
or hydrolysis facility license, or who has been registered for an | 1350 |
embalmer's or funeral director's apprenticeship under Chapter | 1351 |
4717. of the Revised Code; | 1352 |
(11) A person who has been licensed as a registered nurse or | 1353 |
practical nurse, or who has been issued a certificate for the | 1354 |
practice of nurse-midwifery under Chapter 4723. of the Revised | 1355 |
Code; | 1356 |
(12) A person who has been licensed to practice optometry or | 1357 |
to engage in optical dispensing under Chapter 4725. of the Revised | 1358 |
Code; | 1359 |
(13) A person licensed to act as a pawnbroker under Chapter | 1360 |
4727. of the Revised Code; | 1361 |
(14) A person licensed to act as a precious metals dealer | 1362 |
under Chapter 4728. of the Revised Code; | 1363 |
(15) A person licensed as a pharmacist, a pharmacy intern, a | 1364 |
wholesale distributor of dangerous drugs, or a terminal | 1365 |
distributor of dangerous drugs under Chapter 4729. of the Revised | 1366 |
Code; | 1367 |
(16) A person who is authorized to practice as a physician | 1368 |
assistant under Chapter 4730. of the Revised Code; | 1369 |
(17) A person who has been issued a certificate to practice | 1370 |
medicine and surgery, osteopathic medicine and surgery, a limited | 1371 |
branch of medicine, or podiatry under Chapter 4731. of the Revised | 1372 |
Code; | 1373 |
(18) A person licensed as a psychologist or school | 1374 |
psychologist under Chapter 4732. of the Revised Code; | 1375 |
(19) A person registered to practice the profession of | 1376 |
engineering or surveying under Chapter 4733. of the Revised Code; | 1377 |
(20) A person who has been issued a license to practice | 1378 |
chiropractic under Chapter 4734. of the Revised Code; | 1379 |
(21) A person licensed to act as a real estate broker or real | 1380 |
estate salesperson under Chapter 4735. of the Revised Code; | 1381 |
(22) A person registered as a registered sanitarian under | 1382 |
Chapter 4736. of the Revised Code; | 1383 |
(23) A person licensed to operate or maintain a junkyard | 1384 |
under Chapter 4737. of the Revised Code; | 1385 |
(24) A person who has been issued a motor vehicle salvage | 1386 |
dealer's license under Chapter 4738. of the Revised Code; | 1387 |
(25) A person who has been licensed to act as a steam | 1388 |
engineer under Chapter 4739. of the Revised Code; | 1389 |
(26) A person who has been issued a license or temporary | 1390 |
permit to practice veterinary medicine or any of its branches, or | 1391 |
who is registered as a graduate animal technician under Chapter | 1392 |
4741. of the Revised Code; | 1393 |
(27) A person who has been issued a hearing aid dealer's or | 1394 |
fitter's license or trainee permit under Chapter 4747. of the | 1395 |
Revised Code; | 1396 |
(28) A person who has been issued a class A, class B, or | 1397 |
class C license or who has been registered as an investigator or | 1398 |
security guard employee under Chapter 4749. of the Revised Code; | 1399 |
(29) A person licensed and registered to practice as a | 1400 |
nursing home administrator under Chapter 4751. of the Revised | 1401 |
Code; | 1402 |
(30) A person licensed to practice as a speech-language | 1403 |
pathologist or audiologist under Chapter 4753. of the Revised | 1404 |
Code; | 1405 |
(31) A person issued a license as an occupational therapist | 1406 |
or physical therapist under Chapter 4755. of the Revised Code; | 1407 |
(32) A person who is licensed as a professional clinical | 1408 |
counselor or professional counselor, licensed as a social worker | 1409 |
or independent social worker, or registered as a social work | 1410 |
assistant under Chapter 4757. of the Revised Code; | 1411 |
(33) A person issued a license to practice dietetics under | 1412 |
Chapter 4759. of the Revised Code; | 1413 |
(34) A person who has been issued a license or limited permit | 1414 |
to practice respiratory therapy under Chapter 4761. of the Revised | 1415 |
Code; | 1416 |
(35) A person who has been issued a real estate appraiser | 1417 |
certificate under Chapter 4763. of the Revised Code; | 1418 |
(36) A person who has been admitted to the bar by order of | 1419 |
the supreme court in compliance with its prescribed and published | 1420 |
rules. | 1421 |
(X) "Cocaine" means any of the following: | 1422 |
(1) A cocaine salt, isomer, or derivative, a salt of a | 1423 |
cocaine isomer or derivative, or the base form of cocaine; | 1424 |
(2) Coca leaves or a salt, compound, derivative, or | 1425 |
preparation of coca leaves, including ecgonine, a salt, isomer, or | 1426 |
derivative of ecgonine, or a salt of an isomer or derivative of | 1427 |
ecgonine; | 1428 |
(3) A salt, compound, derivative, or preparation of a | 1429 |
substance identified in division (X)(1) or (2) of this section | 1430 |
that is chemically equivalent to or identical with any of those | 1431 |
substances, except that the substances shall not include | 1432 |
decocainized coca leaves or extraction of coca leaves if the | 1433 |
extractions do not contain cocaine or ecgonine. | 1434 |
(Y) "L.S.D." means lysergic acid diethylamide. | 1435 |
(Z) "Hashish" means the resin or a preparation of the resin | 1436 |
contained in marihuana, whether in solid form or in a liquid | 1437 |
concentrate, liquid extract, or liquid distillate form. | 1438 |
(AA) "Marihuana" has the same meaning as in section 3719.01 | 1439 |
of the Revised Code, except that it does not include hashish. | 1440 |
(BB) An offense is "committed in the vicinity of a juvenile" | 1441 |
if the offender commits the offense within one hundred feet of a | 1442 |
juvenile or within the view of a juvenile, regardless of whether | 1443 |
the offender knows the age of the juvenile, whether the offender | 1444 |
knows the offense is being committed within one hundred feet of or | 1445 |
within view of the juvenile, or whether the juvenile actually | 1446 |
views the commission of the offense. | 1447 |
(CC) "Presumption for a prison term" or "presumption that a | 1448 |
prison term shall be imposed" means a presumption, as described in | 1449 |
division (D) of section 2929.13 of the Revised Code, that a prison | 1450 |
term is a necessary sanction for a felony in order to comply with | 1451 |
the purposes and principles of sentencing under section 2929.11 of | 1452 |
the Revised Code. | 1453 |
(DD) "Major drug offender" has the same meaning as in section | 1454 |
2929.01 of the Revised Code. | 1455 |
(EE) "Minor drug possession offense" means either of the | 1456 |
following: | 1457 |
(1) A violation of section 2925.11 of the Revised Code as it | 1458 |
existed prior to July 1, 1996; | 1459 |
(2) A violation of section 2925.11 of the Revised Code as it | 1460 |
exists on and after July 1, 1996, that is a misdemeanor or a | 1461 |
felony of the fifth degree. | 1462 |
(FF) "Mandatory prison term" has the same meaning as in | 1463 |
section 2929.01 of the Revised Code. | 1464 |
(GG) "Adulterate" means to cause a drug to be adulterated as | 1465 |
described in section 3715.63 of the Revised Code. | 1466 |
(HH) "Public premises" means any hotel, restaurant, tavern, | 1467 |
store, arena, hall, or other place of public accommodation, | 1468 |
business, amusement, or resort. | 1469 |
(II) "Methamphetamine" means methamphetamine, any salt, | 1470 |
isomer, or salt of an isomer of methamphetamine, or any compound, | 1471 |
mixture, preparation, or substance containing methamphetamine or | 1472 |
any salt, isomer, or salt of an isomer of methamphetamine. | 1473 |
(JJ) "Lawful prescription" means a prescription that is | 1474 |
issued for a legitimate medical purpose by a licensed health | 1475 |
professional authorized to prescribe drugs, that is not altered or | 1476 |
forged, and that was not obtained by means of deception or by the | 1477 |
commission of any theft offense. | 1478 |
(KK) "Deception" and "theft offense" have the same meanings | 1479 |
as in section 2913.01 of the Revised Code. | 1480 |
Sec. 3705.01. As used in this chapter: | 1481 |
(A) "Live birth" means the complete expulsion or extraction | 1482 |
from its mother of a product of human conception that after such | 1483 |
expulsion or extraction breathes or shows any other evidence of | 1484 |
life such as beating of the heart, pulsation of the umbilical | 1485 |
cord, or definite movement of voluntary muscles, whether or not | 1486 |
the umbilical cord has been cut or the placenta is attached. | 1487 |
(B)(1) "Fetal death" means death prior to the complete | 1488 |
expulsion or extraction from its mother of a product of human | 1489 |
conception, irrespective of the duration of pregnancy, which after | 1490 |
such expulsion or extraction does not breathe or show any other | 1491 |
evidence of life such as beating of the heart, pulsation of the | 1492 |
umbilical cord, or definite movement of voluntary muscles. | 1493 |
(2) "Stillborn" means that an infant suffered a fetal death | 1494 |
of at least twenty weeks of gestation. | 1495 |
(C) "Dead body" means a human body or part of a human body | 1496 |
from the condition of which it reasonably may be concluded that | 1497 |
death recently occurred. | 1498 |
(D) "Physician" means a person licensed pursuant to Chapter | 1499 |
4731. of the Revised Code to practice medicine or surgery or | 1500 |
osteopathic medicine and surgery. | 1501 |
(E) "Attending physician" means the physician in charge of | 1502 |
the patient's care for the illness or condition that resulted in | 1503 |
death. | 1504 |
(F) "Institution" means any establishment, public or private, | 1505 |
that provides medical, surgical, or diagnostic care or treatment, | 1506 |
or domiciliary care, to two or more unrelated individuals, or to | 1507 |
persons committed by law. | 1508 |
(G) "Funeral director" has the meaning given in section | 1509 |
4717.01 of the Revised Code. | 1510 |
(H) "State registrar" means the head of the office of vital | 1511 |
statistics in the department of health. | 1512 |
(I) "Medical certification" means completion of the medical | 1513 |
certification portion of the certificate of death or fetal death | 1514 |
as to the cause of death or fetal death. | 1515 |
(J) "Final disposition" means the interment, cremation, | 1516 |
hydrolysis, removal from the state, donation, or other authorized | 1517 |
disposition of a dead body or a fetal death. | 1518 |
(K) "Interment" means the final disposition of the remains of | 1519 |
a dead body by burial or entombment. | 1520 |
(L) "Cremation" means the reduction to ashes of a dead body. | 1521 |
(M) "Donation" means gift of a dead body to a research | 1522 |
institution or medical school. | 1523 |
(N) "System of vital statistics" means the registration, | 1524 |
collection, preservation, amendment, and certification of vital | 1525 |
records, the collection of other reports required by this chapter, | 1526 |
and activities related thereto. | 1527 |
(O) "Vital records" means certificates or reports of birth, | 1528 |
death, fetal death, marriage, divorce, dissolution of marriage, | 1529 |
annulment, and data related thereto and other documents maintained | 1530 |
as required by statute. | 1531 |
(P) "File" means the presentation of vital records for | 1532 |
registration by the office of vital statistics. | 1533 |
(Q) "Registration" means the acceptance by the office of | 1534 |
vital statistics and the incorporation of vital records into its | 1535 |
official records. | 1536 |
(R) "Birth record" means a birth certificate that has been | 1537 |
registered with the office of vital statistics; or, if registered | 1538 |
prior to March 16, 1989, with the division of vital statistics; | 1539 |
or, if registered prior to the establishment of the division of | 1540 |
vital statistics, with the department of health or a local | 1541 |
registrar. | 1542 |
(S) "Certification of birth" means a document issued by the | 1543 |
director of health or state registrar or a local registrar under | 1544 |
division (B) of section 3705.23 of the Revised Code. | 1545 |
(T) "Hydrolysis" has the same meaning as in section 4717.01 | 1546 |
of the Revised Code. | 1547 |
Sec. 3705.17. The body of a person whose death occurs in | 1548 |
this state shall not be interred, deposited in a vault or tomb, | 1549 |
cremated, hydrolyzed, or otherwise disposed of by a funeral | 1550 |
director until a burial permit is issued by a local registrar or | 1551 |
sub-registrar of vital statistics. No such permit shall be issued | 1552 |
by a local registrar or sub-registrar until a satisfactory death, | 1553 |
fetal death, or provisional death certificate is filed with the | 1554 |
local registrar or sub-registrar. When the medical certification | 1555 |
as to the cause of death cannot be provided by the attending | 1556 |
physician or coroner prior to burial, for sufficient cause, as | 1557 |
determined by rule of the director of health, the funeral director | 1558 |
may file a provisional death certificate with the local registrar | 1559 |
or sub-registrar for the purpose of securing a burial or | 1560 |
burial-transit permit. When the funeral director files a | 1561 |
provisional death certificate to secure a burial or burial-transit | 1562 |
permit, the funeral director shall file a satisfactory and | 1563 |
complete death certificate within five days after the date of | 1564 |
death. The director of health, by rule, may provide additional | 1565 |
time for filing a satisfactory death certificate. A burial permit | 1566 |
authorizing cremation or hydrolysis shall not be issued upon the | 1567 |
filing of a provisional certificate of death. | 1568 |
When a funeral director or other person obtains a burial | 1569 |
permit from a local registrar or sub-registrar, the registrar or | 1570 |
sub-registrar shall charge a fee of three dollars for the issuance | 1571 |
of the burial permit. Two dollars and fifty cents of each fee | 1572 |
collected for a burial permit shall be paid into the state | 1573 |
treasury to the credit of the division of real estate in the | 1574 |
department of commerce to be used by the division in discharging | 1575 |
its duties prescribed in Chapter 4767. of the Revised Code and the | 1576 |
Ohio cemetery dispute resolution commission created by section | 1577 |
4767.05 of the Revised Code. A local registrar or sub-registrar | 1578 |
shall transmit payments of that portion of the amount of each fee | 1579 |
collected under this section to the treasurer of state on a | 1580 |
quarterly basis or more frequently, if possible. The director of | 1581 |
health, by rule, shall provide for the issuance of a burial permit | 1582 |
without the payment of the fee required by this section if the | 1583 |
total cost of the burial will be paid by an agency or | 1584 |
instrumentality of the United States, the state or a state agency, | 1585 |
or a political subdivision of the state. | 1586 |
The director of commerce may by rule adopted in accordance | 1587 |
with Chapter 119. of the Revised Code reduce the total amount of | 1588 |
the fee required by this section and that portion of the amount of | 1589 |
the fee required to be paid to the credit of the division of real | 1590 |
estate for the use of the division and the Ohio cemetery dispute | 1591 |
resolution commission, if the director determines that the total | 1592 |
amount of funds the fee is generating at the amount required by | 1593 |
this section exceeds the amount of funds the division of real | 1594 |
estate and the commission need to carry out their powers and | 1595 |
duties prescribed in Chapter 4767. of the Revised Code. | 1596 |
No person in charge of any premises in which interments | 1597 |
cremations, or hydrolyses are made shall inter | 1598 |
hydrolyze or otherwise dispose of a body, unless it is accompanied | 1599 |
by a burial permit. Each person in charge of a cemetery, crematory | 1600 |
facility, hydrolysis facility, or other place of disposal shall | 1601 |
indorse upon a burial permit the date of interment, cremation, | 1602 |
hydrolysis, or other disposal and shall retain such permits for a | 1603 |
period of at least five years. The person in charge shall keep an | 1604 |
accurate record of all interments, cremations, hydrolyses, or | 1605 |
other disposal of dead bodies, made in the premises under the | 1606 |
person's charge, stating the name of the deceased person, place of | 1607 |
death, date of burial, cremation, hydrolysis, or other disposal, | 1608 |
and name and address of the funeral director. Such record shall at | 1609 |
all times be open to public inspection. | 1610 |
Sec. 3705.18. When a death occurs outside the state and the | 1611 |
body is transported into this state for burial or other | 1612 |
disposition, the body must be accompanied by an authorization for | 1613 |
final disposition issued in accordance with the laws and health | 1614 |
regulations of the place where death occurred. The authorization | 1615 |
that accompanied the body shall be accepted as authorization for | 1616 |
burial, cremation, hydrolysis, or other disposal in Ohio. The | 1617 |
person in charge of place of burial shall endorse and forward the | 1618 |
authorization for final disposition that accompanied the body to | 1619 |
the local registrar of vital statistics of the registration | 1620 |
district in which burial was made. | 1621 |
Sec. 3705.19. (A) If the deceased served in the armed forces | 1622 |
of the United States, the death certificate shall include a | 1623 |
statement of the branch of service in which | 1624 |
served, the date of entry into service, the date and type of | 1625 |
discharge from such service, and information to show the name and | 1626 |
location of the place where the deceased was buried | 1627 |
or hydrolyzed, date of burial
| 1628 |
the location, lot, and grave number of the deceased's burial. | 1629 |
(B) Whenever the remains of a deceased person are transported | 1630 |
into this state for burial or other disposition, the funeral | 1631 |
director having responsibility for disposition of the remains | 1632 |
shall ascertain from the best qualified persons or sources | 1633 |
available whether or not the deceased was a member of the armed | 1634 |
forces of the United States. If the funeral director finds the | 1635 |
deceased was a member, | 1636 |
from such persons or sources and shall transcribe on a form | 1637 |
prescribed by the director of health, the deceased's branch of | 1638 |
service, date of entry into service, date and type of separation | 1639 |
or discharge from service, date of birth, state of birth, date of | 1640 |
death, date of burial, the name and location of the cemetery, and | 1641 |
the lot and grave number where the deceased is buried. The funeral | 1642 |
director shall sign the completed form and submit it to the local | 1643 |
registrar of vital statistics. If the funeral director is unable | 1644 |
to ascertain whether or not the deceased was a member of the armed | 1645 |
forces of the United States or ascertains that the deceased was | 1646 |
not a member, | 1647 |
on the form. | 1648 |
If no funeral director is responsible for the disposition of | 1649 |
the remains of the deceased, the person in charge of the | 1650 |
disposition, except a sexton or other person who is customarily in | 1651 |
charge only of the premises where burials | 1652 |
hydrolyses take place, shall perform the duties required by this | 1653 |
division. | 1654 |
(C) At intervals not to exceed three months, the department | 1655 |
of health shall forward to the adjutant general a summary of | 1656 |
information concerning deceased members and former members of the | 1657 |
armed forces of the United States, including those who died | 1658 |
outside this state, but whose remains were buried or received for | 1659 |
other final disposition in this state. The summary shall state the | 1660 |
name, date of birth, state of birth, date of death, date of entry | 1661 |
into service, date and type of separation or discharge from | 1662 |
service, branch of service, date of burial, place of burial, and | 1663 |
location of grave. At the same time the department forwards this | 1664 |
summary to the adjutant general, it shall forward to each county | 1665 |
recorder that portion of the summary that relates to burials made, | 1666 |
and grave locations situated, within the county. After the summary | 1667 |
is sent to the adjutant general, the forms specified in division | 1668 |
(B) of this section may be disposed of. | 1669 |
Sec. 3705.20. (A) The fetal death of the product of human | 1670 |
conception of at least twenty weeks of gestation shall be | 1671 |
registered on a fetal death certificate. | 1672 |
On application of either parent, the fetal death of the | 1673 |
product of human conception prior to twenty weeks of gestation | 1674 |
shall be registered on a fetal death certificate, except that the | 1675 |
fetal death certificate shall not list the cause of death. | 1676 |
The parent shall include with the application a copy of the | 1677 |
statement required by division (B)(1) of section 3727.16 or | 1678 |
division (B)(1) of section 4731.82 of the Revised Code. If the | 1679 |
father submits the application, he shall also include with it a | 1680 |
signed and notarized document from the mother attesting that she | 1681 |
voluntarily provided the father with a copy of the statement. | 1682 |
A fetal death certificate for the product of human conception | 1683 |
prior to twenty weeks gestation is not proof of a live birth for | 1684 |
purposes of federal, state, and local taxes. | 1685 |
(B) The product of human conception that suffers a fetal | 1686 |
death of at least twenty weeks of gestation occurring in Ohio | 1687 |
shall not be interred, deposited in a vault or tomb, cremated, | 1688 |
hydrolyzed, or otherwise disposed of by a funeral director or | 1689 |
other person until a fetal death certificate or provisional death | 1690 |
certificate has been filed with and a burial permit is issued by | 1691 |
the local registrar of vital statistics of the registration | 1692 |
district in which the fetal death occurs, or the body is found. | 1693 |
A burial permit for the product of human conception that | 1694 |
suffers a fetal death prior to twenty weeks of gestation shall be | 1695 |
issued by the local registrar of vital statistics of the | 1696 |
registration district in which the fetal death occurs if either | 1697 |
parent files a fetal death certificate with that registrar. | 1698 |
(C)(1) The department of health and the local registrar shall | 1699 |
keep a separate record and index record of fetal death | 1700 |
certificates. | 1701 |
(2) The personal or statistical information on the fetal | 1702 |
death certificate shall be obtained by the funeral director or | 1703 |
other person in charge of interment | 1704 |
from the best qualified persons or sources available. | 1705 |
Sec. 3707.19. The body of a person who has died of a | 1706 |
communicable disease declared by the department of health to | 1707 |
require immediate disposal for the protection of others shall be | 1708 |
buried | 1709 |
death. No public or church funeral shall be held in connection | 1710 |
with the burial of such person, and the body shall not be taken | 1711 |
into any church, chapel, or other public place. Only adult members | 1712 |
of the immediate family of the deceased and such other persons as | 1713 |
are actually necessary may be present at the burial | 1714 |
or hydrolysis. | 1715 |
Sec. 4511.451. (A) As used in this section, "funeral | 1716 |
procession" means two or more vehicles accompanying the cremated | 1717 |
or hydrolyzed remains or the body of a deceased person in the | 1718 |
daytime when each of the vehicles has its headlights lighted and | 1719 |
is displaying a purple and white or an orange and white pennant | 1720 |
attached to each vehicle in such a manner as to be clearly visible | 1721 |
to traffic approaching from any direction. | 1722 |
(B) Excepting public safety vehicles proceeding in accordance | 1723 |
with section 4511.45 of the Revised Code or when directed | 1724 |
otherwise by a police officer, pedestrians and the operators of | 1725 |
all vehicles, street cars, and trackless trolleys shall yield the | 1726 |
right of way to each vehicle that is a part of a funeral | 1727 |
procession. Whenever the lead vehicle in a funeral procession | 1728 |
lawfully enters an intersection, the remainder of the vehicles in | 1729 |
the procession may continue to follow the lead vehicle through the | 1730 |
intersection notwithstanding any traffic control devices or right | 1731 |
of way provisions of the Revised Code, provided that the operator | 1732 |
of each vehicle exercises due care to avoid colliding with any | 1733 |
other vehicle or pedestrian. | 1734 |
(C) No person shall operate any vehicle as a part of a | 1735 |
funeral procession without having the headlights of the vehicle | 1736 |
lighted and without displaying a purple and white or an orange and | 1737 |
white pennant in such a manner as to be clearly visible to traffic | 1738 |
approaching from any direction. | 1739 |
(D) Except as otherwise provided in this division, whoever | 1740 |
violates this section is guilty of a minor misdemeanor. If, within | 1741 |
one year of the offense, the offender previously has been | 1742 |
convicted of or pleaded guilty to one predicate motor vehicle or | 1743 |
traffic offense, whoever violates this section is guilty of a | 1744 |
misdemeanor of the fourth degree. If, within one year of the | 1745 |
offense, the offender previously has been convicted of two or more | 1746 |
predicate motor vehicle or traffic offenses, whoever violates this | 1747 |
section is guilty of a misdemeanor of the third degree. | 1748 |
Sec. 4717.01. As used in this chapter: | 1749 |
(A) "Embalming" means the preservation and disinfection, or | 1750 |
attempted preservation and disinfection, of the dead human body by | 1751 |
application of chemicals externally, internally, or both. | 1752 |
(B) "Funeral business" means a sole proprietorship, | 1753 |
partnership, corporation, limited liability company, or other | 1754 |
business entity that is engaged in funeral directing for profit or | 1755 |
for free from one or more funeral homes licensed under this | 1756 |
chapter. | 1757 |
(C) "Funeral directing" means the business or profession of | 1758 |
directing or supervising funerals for profit, the arrangement or | 1759 |
sale of funeral services, the filling out or execution of a | 1760 |
funeral service contract, the business or profession of preparing | 1761 |
dead human bodies for burial by means other than embalming, the | 1762 |
disposition of dead human bodies, the provision or maintenance of | 1763 |
a place for the preparation, the care, or disposition of dead | 1764 |
human bodies, the use in connection with a business of the term | 1765 |
"funeral director," "undertaker," "mortician," or any other term | 1766 |
from which can be implied the business of funeral directing, or | 1767 |
the holding out to the public that one is a funeral director or a | 1768 |
disposer of dead human bodies. | 1769 |
(D) "Funeral home" means a fixed place for the care, | 1770 |
preparation for burial, or disposition of dead human bodies or the | 1771 |
conducting of funerals. Each business location is a funeral home, | 1772 |
regardless of common ownership or management. | 1773 |
(E) "Embalmer" means a person who engages, in whole or in | 1774 |
part, in embalming and who is licensed under this chapter. | 1775 |
(F) "Funeral director" means a person who engages, in whole | 1776 |
or in part, in funeral directing and who is licensed under this | 1777 |
chapter. | 1778 |
(G) "Final disposition" has the same meaning as in division | 1779 |
(J) of section 3705.01 of the Revised Code. | 1780 |
(H) "Supervision" means the operation of all phases of the | 1781 |
business of funeral directing or embalming under the specific | 1782 |
direction of a licensed funeral director or licensed embalmer. | 1783 |
(I) "Direct supervision" means the physical presence of a | 1784 |
licensed funeral director or licensed embalmer while the specific | 1785 |
functions of the funeral or embalming are being carried out. | 1786 |
(J) "Embalming facility" means a fixed location, separate | 1787 |
from the funeral home, that is licensed under this chapter whose | 1788 |
only function is the embalming and preparation of dead human | 1789 |
bodies. | 1790 |
(K) "Crematory facility" means the physical location at which | 1791 |
a cremation chamber is located and the cremation process takes | 1792 |
place. "Crematory facility" does not include an infectious waste | 1793 |
incineration facility for which a license is held under division | 1794 |
(B) of section 3734.05 of the Revised Code, or a solid waste | 1795 |
incineration facility for which a license is held under division | 1796 |
(A) of that section that includes a notation pursuant to division | 1797 |
(B)(3) of that section authorizing the facility to also treat | 1798 |
infectious wastes, in connection with the incineration of body | 1799 |
parts other than dead human bodies that were donated to science | 1800 |
for purposes of medical education or research. | 1801 |
(L) "Crematory" means the building or portion of a building | 1802 |
that houses the holding facility and the cremation chamber. | 1803 |
(M) "Cremation" means the technical process of using heat and | 1804 |
flame to reduce human or animal remains to bone fragments or ashes | 1805 |
or any combination thereof. "Cremation" includes processing and | 1806 |
may include the pulverization of bone fragments. | 1807 |
(N) "Cremation chamber" means the enclosed space within which | 1808 |
cremation takes place. | 1809 |
(O) "Cremated remains" means all human or animal remains | 1810 |
recovered after the completion of the cremation process, which may | 1811 |
include the residue of any foreign matter such as casket material, | 1812 |
dental work, or eyeglasses that were cremated with the human or | 1813 |
animal remains. | 1814 |
(P) "Lapsed license" means a license issued under this | 1815 |
chapter that has become invalid because of the failure of the | 1816 |
licensee to renew the license within the time limits prescribed | 1817 |
under this chapter. | 1818 |
(Q) "Operator of a crematory facility" means the sole | 1819 |
proprietorship, partnership, corporation, limited liability | 1820 |
company, or other business entity responsible for the overall | 1821 |
operation of a crematory facility. | 1822 |
(R) "Processing" means the reduction of identifiable bone | 1823 |
fragments to unidentifiable bone fragments through manual or | 1824 |
mechanical means after the completion of the cremation or | 1825 |
hydrolysis process. | 1826 |
(S) "Pulverization" means the reduction of identifiable bone | 1827 |
fragments to granulated particles by manual or mechanical means | 1828 |
after the completion of the cremation or hydrolysis process. | 1829 |
(T) "Preneed funeral contract" means a written agreement, | 1830 |
contract, or series of contracts to sell or otherwise provide any | 1831 |
funeral services, funeral goods, or any combination thereof to be | 1832 |
used in connection with the funeral or final disposition of a dead | 1833 |
human body, where payment for the goods or services is made either | 1834 |
outright or on an installment basis, prior to the death of the | 1835 |
person purchasing the goods or services or for whom the goods or | 1836 |
services are purchased. "Preneed funeral contract" does not | 1837 |
include any preneed cemetery merchandise and services contract or | 1838 |
any agreement, contract, or series of contracts pertaining to the | 1839 |
sale of any burial lot, burial or interment right, entombment | 1840 |
right, or columbarium right with respect to which an endowment | 1841 |
care fund is established or is exempt from establishment pursuant | 1842 |
to section 1721.21 of the Revised Code. | 1843 |
For the purposes of division (T) of this section, "funeral | 1844 |
goods" includes caskets. | 1845 |
(U) "Purchaser" means the individual who has purchased and | 1846 |
financed a preneed funeral contract, and who may or may not be the | 1847 |
contract beneficiary. | 1848 |
(V) "Contract beneficiary" means the individual for whom | 1849 |
funeral goods and funeral services are provided pursuant to a | 1850 |
preneed funeral contract. | 1851 |
(W) "Seller" means any person that enters into a preneed | 1852 |
funeral contract with a purchaser for the provision of funeral | 1853 |
goods, funeral services, or both. | 1854 |
(X) "Hydrolysis" means the technical process of using heat, | 1855 |
water, potassium hydroxide or an alternate alkaline solution, and | 1856 |
pressure, agitation, or both, to dissolve human tissue within a | 1857 |
hydrolysis container and reduce human remains to bone fragments. | 1858 |
"Hydrolysis" includes the processing and may include the | 1859 |
pulverization of bone fragments. | 1860 |
(Y) "Hydrolysis facility" means the physical location at | 1861 |
which a hydrolysis chamber is located and the hydrolysis process | 1862 |
takes place. | 1863 |
(Z) "Hydrolysis chamber" means the enclosed container within | 1864 |
which hydrolysis takes place. | 1865 |
(AA) "Hydrolyzed remains" means all human or animal remains | 1866 |
recovered after the completion of the hydrolysis process, which | 1867 |
may include the residue of any foreign matter that was hydrolyzed | 1868 |
with such remains. | 1869 |
(BB) "Operator of a hydrolysis facility" means the sole | 1870 |
proprietorship, partnership, corporation, limited liability | 1871 |
company, or other business entity responsible for the overall | 1872 |
operation of a hydrolysis facility. | 1873 |
Sec. 4717.04. (A) The board of embalmers and funeral | 1874 |
directors shall adopt rules in accordance with Chapter 119. of the | 1875 |
Revised Code for the government, transaction of the business, and | 1876 |
the management of the affairs of the board of embalmers and | 1877 |
funeral directors and the crematory review board, and for the | 1878 |
administration and enforcement of this chapter. These rules shall | 1879 |
include all of the following: | 1880 |
(1) The nature, scope, content, and form of the application | 1881 |
that must be completed and license examination that must be passed | 1882 |
in order to receive an embalmer's license or a funeral director's | 1883 |
license under section 4717.05 of the Revised Code. The rules shall | 1884 |
ensure both of the following: | 1885 |
(a) That the embalmer's license examination tests the | 1886 |
applicant's knowledge through at least a comprehensive section and | 1887 |
an Ohio laws section; | 1888 |
(b) That the funeral director's license examination tests the | 1889 |
applicant's knowledge through at least a comprehensive section, an | 1890 |
Ohio laws section, and a sanitation section. | 1891 |
(2) The minimum license examination score necessary to be | 1892 |
licensed under section 4717.05 of the Revised Code as an embalmer | 1893 |
or as a funeral director; | 1894 |
(3) Procedures for determining the dates of the embalmer's | 1895 |
and funeral director's license examinations, which shall be | 1896 |
administered at least once each year, the time and place of each | 1897 |
examination, and the supervision required for each examination; | 1898 |
(4) Procedures for determining whether the board shall accept | 1899 |
an applicant's compliance with the licensure, registration, or | 1900 |
certification requirements of another state as grounds for | 1901 |
granting the applicant a license under this chapter; | 1902 |
(5) A determination of whether completion of a nationally | 1903 |
recognized embalmer's or funeral director's examination | 1904 |
sufficiently meets the license requirements for the comprehensive | 1905 |
section of either the embalmer's or the funeral director's license | 1906 |
examination administered under this chapter; | 1907 |
(6) Continuing education requirements for licensed embalmers | 1908 |
and funeral directors; | 1909 |
(7) Requirements for the licensing and operation of funeral | 1910 |
homes; | 1911 |
(8) Requirements for the licensing and operation of embalming | 1912 |
facilities; | 1913 |
(9) A schedule that lists, and specifies a forfeiture | 1914 |
commensurate with, each of the following types of conduct which, | 1915 |
for the purposes of division (A)(9) of this section and section | 1916 |
4717.15 of the Revised Code, are violations of this chapter: | 1917 |
(a) Obtaining a license under this chapter by fraud or | 1918 |
misrepresentation either in the application or in passing the | 1919 |
required examination for the license; | 1920 |
(b) Purposely violating any provision of sections 4717.01 to | 1921 |
4717.15 of the Revised Code or a rule adopted under any of those | 1922 |
sections; division (A) or (B) of section 4717.23; division (B)(1) | 1923 |
or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions | 1924 |
(H) to (K) of section 4717.26; division (D)(1) of section 4717.27; | 1925 |
or divisions (A) to (C) of section 4717.28 of the Revised Code; | 1926 |
(c) Committing unprofessional conduct; | 1927 |
(d) Knowingly permitting an unlicensed person, other than a | 1928 |
person serving an apprenticeship, to engage in the profession or | 1929 |
business of embalming or funeral directing under the licensee's | 1930 |
supervision; | 1931 |
(e) Refusing to promptly submit the custody of a dead human | 1932 |
body upon the express order of the person legally entitled to the | 1933 |
body; | 1934 |
(f) Transferring a license to operate a funeral home, | 1935 |
embalming facility, | 1936 |
from one owner or operator to another, or from one location to | 1937 |
another, without notifying the board; | 1938 |
(g) Misleading the public using false or deceptive | 1939 |
advertising. | 1940 |
Each instance of the commission of any of the types of | 1941 |
conduct described in divisions (A)(9)(a), (b), (c), (d), (e), (f), | 1942 |
and (g) of this section is a separate violation. The rules adopted | 1943 |
under division (A)(9) of this section shall establish the amount | 1944 |
of the forfeiture for a violation of each of those divisions. The | 1945 |
forfeiture for a first violation shall not exceed five thousand | 1946 |
dollars, and the forfeiture for a second or subsequent violation | 1947 |
shall not exceed ten thousand dollars. The amount of the | 1948 |
forfeiture may differ among the types of violations according to | 1949 |
what the board considers the seriousness of each violation. | 1950 |
(10) Requirements for the licensing and operation of | 1951 |
crematory facilities; | 1952 |
(11) Requirements for the licensing and operation of | 1953 |
hydrolysis facilities; | 1954 |
(12) Procedures for the issuance of duplicate licenses; | 1955 |
| 1956 |
applicants under section 4776.03 of the Revised Code. | 1957 |
(B) The board may adopt rules governing the educational | 1958 |
standards for licensure as an embalmer or funeral director and the | 1959 |
standards of service and practice to be followed in embalming and | 1960 |
funeral directing and in the operation of funeral homes, embalming | 1961 |
facilities, | 1962 |
this state. | 1963 |
(C) Nothing in this chapter authorizes the board of embalmers | 1964 |
and funeral directors to regulate cemeteries, except that the | 1965 |
board shall license and regulate | 1966 |
and hydrolysis facilities located at cemeteries in accordance with | 1967 |
this chapter. | 1968 |
Sec. 4717.05. (A) Any person who desires to be licensed as | 1969 |
an embalmer shall apply to the board of embalmers and funeral | 1970 |
directors on a form provided by the board. The applicant shall | 1971 |
include with the application an initial license fee as set forth | 1972 |
in section 4717.07 of the Revised Code and evidence, verified by | 1973 |
oath and satisfactory to the board, that the applicant meets all | 1974 |
of the following requirements: | 1975 |
(1) The applicant is at least eighteen years of age and of | 1976 |
good moral character. | 1977 |
(2) If the applicant has pleaded guilty to, has been found by | 1978 |
a judge or jury to be guilty of, or has had a judicial finding of | 1979 |
eligibility for treatment in lieu of conviction entered against | 1980 |
the applicant in this state for aggravated murder, murder, | 1981 |
voluntary manslaughter, felonious assault, kidnapping, rape, | 1982 |
sexual battery, gross sexual imposition, aggravated arson, | 1983 |
aggravated robbery, or aggravated burglary, or has pleaded guilty | 1984 |
to, has been found by a judge or jury to be guilty of, or has had | 1985 |
a judicial finding of eligibility for treatment in lieu of | 1986 |
conviction entered against the applicant in another jurisdiction | 1987 |
for a substantially equivalent offense, at least five years has | 1988 |
elapsed since the applicant was released from incarceration, a | 1989 |
community control sanction, a post-release control sanction, | 1990 |
parole, or treatment in connection with the offense. | 1991 |
(3) The applicant holds at least a bachelor's degree from a | 1992 |
college or university authorized to confer degrees by the Ohio | 1993 |
board of regents or the comparable legal agency of another state | 1994 |
in which the college or university is located and submits an | 1995 |
official transcript from that college or university with the | 1996 |
application. | 1997 |
(4) The applicant has satisfactorily completed at least | 1998 |
twelve months of instruction in a prescribed course in mortuary | 1999 |
science as approved by the board and has presented to the board a | 2000 |
certificate showing successful completion of the course. The | 2001 |
course of mortuary science college training may be completed | 2002 |
either before or after the completion of the educational standard | 2003 |
set forth in division (A)(3) of this section. | 2004 |
(5) The applicant has registered with the board prior to | 2005 |
beginning an embalmer apprenticeship. | 2006 |
(6) The applicant has satisfactorily completed at least one | 2007 |
year of apprenticeship under an embalmer licensed in this state | 2008 |
and has assisted that person in embalming at least twenty-five | 2009 |
dead human bodies. | 2010 |
(7) The applicant, upon meeting the educational standards | 2011 |
provided for in divisions (A)(3) and (4) of this section and | 2012 |
completing the apprenticeship required in division (A)(6) of this | 2013 |
section, has completed the examination for an embalmer's license | 2014 |
required by the board. | 2015 |
(B) Upon receiving satisfactory evidence verified by oath | 2016 |
that the applicant meets all the requirements of division (A) of | 2017 |
this section, the board shall issue the applicant an embalmer's | 2018 |
license. | 2019 |
(C) Any person who desires to be licensed as a funeral | 2020 |
director shall apply to the board on a form provided by the board. | 2021 |
The application shall include an initial license fee as set forth | 2022 |
in section 4717.07 of the Revised Code and evidence, verified by | 2023 |
oath and satisfactory to the board, that the applicant meets all | 2024 |
of the following requirements: | 2025 |
(1) Except as otherwise provided in division (D) of this | 2026 |
section, the applicant has satisfactorily met all the requirements | 2027 |
for an embalmer's license as described in divisions (A)(1) to (4) | 2028 |
of this section. | 2029 |
(2) The applicant has registered with the board prior to | 2030 |
beginning a funeral director apprenticeship. | 2031 |
(3) The applicant, following mortuary science college | 2032 |
training described in division (A)(4) of this section, has | 2033 |
satisfactorily completed a one-year apprenticeship under a | 2034 |
licensed funeral director in this state and has assisted that | 2035 |
person in directing at least twenty-five funerals. | 2036 |
(4) The applicant has satisfactorily completed the | 2037 |
examination for a funeral director's license as required by the | 2038 |
board. | 2039 |
(D) In lieu of mortuary science college training required for | 2040 |
a funeral director's license under division (C)(1) of this | 2041 |
section, the applicant may substitute a satisfactorily completed | 2042 |
two-year apprenticeship under a licensed funeral director in this | 2043 |
state assisting that person in directing at least fifty funerals. | 2044 |
(E) Upon receiving satisfactory evidence that the applicant | 2045 |
meets all the requirements of division (C) of this section, the | 2046 |
board shall issue to the applicant a funeral director's license. | 2047 |
(F) A funeral director or embalmer may request the funeral | 2048 |
director's or embalmer's license be placed on inactive status by | 2049 |
submitting to the board a form prescribed by the board and such | 2050 |
other information as the board may request. A funeral director or | 2051 |
embalmer may not place the funeral director's or embalmer's | 2052 |
license on inactive status unless the funeral director or embalmer | 2053 |
is in good standing with the board and is in compliance with | 2054 |
applicable continuing education requirements. A funeral director | 2055 |
or embalmer who is granted inactive status is prohibited from | 2056 |
participating in any activity for which a funeral director's or | 2057 |
embalmer's license is required in this state. A funeral director | 2058 |
or embalmer who has been granted inactive status is exempt from | 2059 |
the continuing education requirements under section 4717.09 of the | 2060 |
Revised Code during the period of the inactive status. | 2061 |
(G) A funeral director or embalmer who has been granted | 2062 |
inactive status may not return to active status for at least two | 2063 |
years following the date that the inactive status was granted. | 2064 |
Following a period of at least two years of inactive status, the | 2065 |
funeral director or embalmer may apply to return to active status | 2066 |
upon completion of all of the following conditions: | 2067 |
(1) The funeral director or embalmer files with the board a | 2068 |
form prescribed by the board seeking active status and provides | 2069 |
any other information as the board may request; | 2070 |
(2) The funeral director or embalmer takes and passes the | 2071 |
Ohio laws examination for each license being activated; | 2072 |
(3) The funeral director or embalmer pays a reactivation fee | 2073 |
to the board in the amount of one hundred forty dollars for each | 2074 |
license being reactivated. | 2075 |
(H) As used in this section: | 2076 |
(1) "Community control sanction" has the same meaning as in | 2077 |
section 2929.01 of the Revised Code. | 2078 |
(2) "Post-release control sanction" has the same meaning as | 2079 |
in section 2967.01 of the Revised Code. | 2080 |
Sec. 4717.06. (A)(1) Any person who desires to obtain a | 2081 |
license to operate a funeral home, embalming facility,
| 2082 |
crematory facility, or hydrolysis facility shall apply to the | 2083 |
board of embalmers and funeral directors on a form provided by the | 2084 |
board. The application shall include the initial license fee set | 2085 |
forth in section 4717.07 of the Revised Code and proof | 2086 |
satisfactory to the board that the funeral home, embalming | 2087 |
facility, | 2088 |
compliance with rules adopted by the board under section 4717.04 | 2089 |
of the Revised Code, rules adopted by the board of building | 2090 |
standards under Chapter 3781. of the Revised Code, and all other | 2091 |
federal, state, and local requirements relating to the safety of | 2092 |
the premises. | 2093 |
(2) If the funeral home, embalming facility, | 2094 |
facility, or hydrolysis facility to which the license application | 2095 |
pertains is owned by a corporation or limited liability company, | 2096 |
the application shall include the name and address of the | 2097 |
corporation's or limited liability company's statutory agent | 2098 |
appointed under section 1701.07 or 1705.06 of the Revised Code or, | 2099 |
in the case of a foreign corporation, the corporation's designated | 2100 |
agent appointed under section 1703.041 of the Revised Code. If the | 2101 |
funeral home, embalming facility, | 2102 |
hydrolysis facility to which the application pertains is owned by | 2103 |
a partnership, the application shall include the name and address | 2104 |
of each of the partners. If, at any time after the submission of a | 2105 |
license application or issuance of a license, the statutory or | 2106 |
designated agent of a corporation or limited liability company | 2107 |
owning a funeral home, embalming facility,
| 2108 |
or hydrolysis facility or the address of the statutory or | 2109 |
designated agent changes or, in the case of a partnership, any of | 2110 |
the partners of the funeral home, embalming facility, | 2111 |
facility, or hydrolysis facility or the address of any of the | 2112 |
partners changes, the applicant for or holder of the license to | 2113 |
operate the funeral home, embalming facility,
| 2114 |
facility, or hydrolysis facility shall submit written notice to | 2115 |
the board, within thirty days after the change, informing the | 2116 |
board of the change and of any name or address of a statutory or | 2117 |
designated agent or partner that has changed from that contained | 2118 |
in the application for the license or the most recent notice | 2119 |
submitted under division (A)(2) of this section. | 2120 |
(B)(1) The board shall issue a license to operate a funeral | 2121 |
home only for the address at which the funeral home is operated. | 2122 |
The funeral home license and licenses of the embalmers and funeral | 2123 |
directors employed by the funeral home shall be displayed in a | 2124 |
conspicuous place within the funeral home. | 2125 |
(2) The funeral home shall have on the premises one of the | 2126 |
following: | 2127 |
(a) If embalming will take place at the funeral home, an | 2128 |
embalming room that is adequately equipped and maintained. The | 2129 |
embalming room shall be kept in a clean and sanitary manner and | 2130 |
used only for the embalming, preparation, or holding of dead human | 2131 |
bodies. The embalming room shall contain only the articles, | 2132 |
facilities, and instruments necessary for those purposes. | 2133 |
(b) If embalming will not take place at the funeral home, a | 2134 |
holding room that is adequately equipped and maintained. The | 2135 |
holding room shall be kept in a clean and sanitary manner and used | 2136 |
only for the preparation, other than embalming, and holding of | 2137 |
dead human bodies. The holding room shall contain only the | 2138 |
articles and facilities necessary for those purposes. | 2139 |
(3) Except as provided in division (B) of section 4717.11 of | 2140 |
the Revised Code, a funeral home shall be established and operated | 2141 |
only under the name of a holder of a funeral director's license | 2142 |
issued by the board who is actually in charge of and ultimately | 2143 |
responsible for the funeral home, and a funeral home license shall | 2144 |
not include directional or geographical references in the name of | 2145 |
the funeral home. The holder of the funeral home license shall be | 2146 |
a funeral director licensed under this chapter who is actually in | 2147 |
charge of and ultimately responsible for the funeral home. Nothing | 2148 |
in division (B)(3) of this section prohibits the holder of a | 2149 |
funeral home license from including directional or geographical | 2150 |
references in promotional or advertising materials identifying the | 2151 |
location of the funeral home. | 2152 |
(4) Each funeral home shall be directly supervised by a | 2153 |
funeral director licensed under this chapter, who shall supervise | 2154 |
only one funeral home. | 2155 |
(C)(1) The board shall issue a license to operate an | 2156 |
embalming facility only for the address at which the embalming | 2157 |
facility is operated. The license shall be displayed in a | 2158 |
conspicuous place within the facility. | 2159 |
(2) The embalming facility shall be adequately equipped and | 2160 |
maintained in a sanitary manner. The embalming room at such a | 2161 |
facility shall contain only the articles, facilities, and | 2162 |
instruments necessary for its stated purpose. The embalming room | 2163 |
shall be kept in a clean and sanitary condition and used only for | 2164 |
the care and preparation of dead human bodies. | 2165 |
(3) An embalming facility license shall be issued only to an | 2166 |
embalmer licensed under division (B) of section 4717.05 of the | 2167 |
Revised Code, who is actually in charge of the facility. | 2168 |
(D)(1) The board shall issue a license to operate a crematory | 2169 |
facility only for the address at which the crematory facility is | 2170 |
located and operated. The license shall be displayed in a | 2171 |
conspicuous place within the crematory facility. | 2172 |
(2) The crematory facility shall be adequately equipped and | 2173 |
maintained in a clean and sanitary manner. | 2174 |
2175 | |
2176 | |
2177 | |
2178 | |
The crematory facility may be located in a funeral home, embalming | 2179 |
facility, cemetery building, hydrolysis facility, or other | 2180 |
building in which the crematory facility may lawfully operate. If | 2181 |
a crematory facility engages in the cremation of animals, the | 2182 |
crematory facility shall cremate animals in a cremation chamber | 2183 |
that also is not used to cremate dead human bodies or human body | 2184 |
parts and shall not cremate animals in a cremation chamber used | 2185 |
for the cremation of dead human bodies and human body parts. | 2186 |
Cremation chambers that are used for the cremation of dead human | 2187 |
bodies or human body parts and cremation chambers used for the | 2188 |
cremation of animals may be located in the same area. | 2189 |
(3) A license to operate a crematory facility shall be issued | 2190 |
to | 2191 |
section does not require the individual who is actually in charge | 2192 |
of the crematory facility to be an embalmer or funeral director | 2193 |
licensed under this chapter. | 2194 |
(4) Nothing in this section or rules adopted under section | 2195 |
4717.04 of the Revised Code precludes the establishment and | 2196 |
operation of a crematory facility on or adjacent to the property | 2197 |
on which a cemetery, funeral home, | 2198 |
hydrolysis facility is located. | 2199 |
(E)(1) The board shall issue a license to operate a | 2200 |
hydrolysis facility only for the address at which the hydrolysis | 2201 |
facility is located and operated. The license shall be displayed | 2202 |
in a conspicuous place within the hydrolysis facility. | 2203 |
(2) The hydrolysis facility shall be adequately equipped and | 2204 |
maintained in a clean and sanitary manner. The hydrolysis facility | 2205 |
may be located in a funeral home, embalming facility, cemetery | 2206 |
building, crematory facility, or other building in which the | 2207 |
hydrolysis facility may lawfully operate. If the hydrolysis | 2208 |
facility engages in the hydrolysis of animals, the hydrolysis | 2209 |
facility shall hydrolyze animals in a hydrolysis chamber that is | 2210 |
not also used to hydrolyze dead human bodies or human body parts | 2211 |
and shall not hydrolyze animals in a hydrolysis chamber used for | 2212 |
the hydrolysis of dead human bodies and human body parts. | 2213 |
Hydrolysis chambers that are used for the hydrolysis for dead | 2214 |
human bodies or human body parts and the hydrolysis chambers used | 2215 |
for the hydrolysis of animals may be located in the same area. | 2216 |
(3) A license to operate a licensed hydrolysis facility shall | 2217 |
be issued to the person actually in charge of the hydrolysis | 2218 |
facility. This section does not require the person in charge of | 2219 |
the hydrolysis facility to be an embalmer or funeral director | 2220 |
licensed under this chapter. | 2221 |
(4) Nothing in this chapter or rules adopted under section | 2222 |
4717.04 of the Revised Code precludes the establishment and | 2223 |
operation of a hydrolysis facility on or adjacent to the property | 2224 |
on which a cemetery, funeral home, embalming facility, or | 2225 |
crematory facility is located. | 2226 |
Sec. 4717.07. (A) The board of embalmers and funeral | 2227 |
directors shall charge and collect the following fees: | 2228 |
(1) For the initial issuance or biennial renewal of an | 2229 |
embalmer's or funeral director's license, one hundred forty | 2230 |
dollars; | 2231 |
(2) For the issuance of an embalmer or funeral director | 2232 |
registration, twenty-five dollars; | 2233 |
(3) For filing an embalmer or funeral director certificate of | 2234 |
apprenticeship, ten dollars; | 2235 |
(4) For the application to take the examination for a license | 2236 |
to practice as an embalmer or funeral director, or to retake a | 2237 |
section of the examination, thirty-five dollars; | 2238 |
(5) For the initial issuance of a license to operate a | 2239 |
funeral home, two hundred fifty dollars and biennial renewal of a | 2240 |
license to operate a funeral home, two hundred fifty dollars; | 2241 |
(6) For the reinstatement of a lapsed embalmer's or funeral | 2242 |
director's license, the renewal fee prescribed in division (A)(1) | 2243 |
of this section plus fifty dollars for each month or portion of a | 2244 |
month the license is lapsed until reinstatement; | 2245 |
(7) For the reinstatement of a lapsed license to operate a | 2246 |
funeral home, the renewal fee prescribed in division (A)(5) of | 2247 |
this section plus fifty dollars for each month or portion of a | 2248 |
month the license is lapsed until reinstatement; | 2249 |
(8) For the initial issuance of a license to operate an | 2250 |
embalming facility, two hundred dollars and biennial renewal of a | 2251 |
license to operate an embalming facility, two hundred dollars; | 2252 |
(9) For the reinstatement of a lapsed license to operate an | 2253 |
embalming facility, the renewal fee prescribed in division (A)(8) | 2254 |
of this section plus fifty dollars for each month or portion of a | 2255 |
month the license is lapsed until reinstatement; | 2256 |
(10) For the initial issuance of a license to operate a | 2257 |
crematory facility, two hundred dollars and biennial renewal of a | 2258 |
license to operate a crematory facility, two hundred dollars; | 2259 |
(11) For the reinstatement of a lapsed license to operate a | 2260 |
crematory facility, the renewal fee prescribed in division (A)(10) | 2261 |
of this section plus fifty dollars for each month or portion of a | 2262 |
month the license is lapsed until reinstatement; | 2263 |
(12) For the initial issuance for a license to operate a | 2264 |
hydrolysis facility, two hundred dollars and biennial renewal of a | 2265 |
license to operate a hydrolysis facility, two hundred dollars; | 2266 |
(13) For the reinstatement of a lapsed license to operate a | 2267 |
hydrolysis facility, the renewal fee prescribed in division | 2268 |
(A)(12) of this section plus fifty dollars for each month or | 2269 |
portion of a month the license has lapsed until reinstatement; | 2270 |
(14) For the issuance of a duplicate of a license issued | 2271 |
under this chapter, four dollars. | 2272 |
(B) In addition to the fees set forth in division (A) of this | 2273 |
section, an applicant shall pay the examination fee assessed by | 2274 |
any examining agency the board uses for any section of an | 2275 |
examination required under this chapter. | 2276 |
(C) Subject to the approval of the controlling board, the | 2277 |
board of embalmers and funeral directors may establish fees in | 2278 |
excess of the amounts set forth in this section, provided that | 2279 |
these fees do not exceed the amounts set forth in this section by | 2280 |
more than fifty per cent. | 2281 |
Sec. 4717.08. (A) Every license issued under this chapter | 2282 |
expires on the last day of December of each even-numbered year and | 2283 |
shall be renewed on or before that date according to the standard | 2284 |
license renewal procedure set forth in Chapter 4745. of the | 2285 |
Revised Code. Licenses not renewed by the last day of December of | 2286 |
each even-numbered year are lapsed. | 2287 |
(B) A holder of a lapsed license to operate a funeral home, | 2288 |
license to operate an embalming facility, | 2289 |
crematory facility, or license to operate a hydrolysis facility | 2290 |
may reinstate the license with the board by paying the lapsed | 2291 |
license fee established under section 4717.07 of the Revised Code. | 2292 |
(C) A holder of a lapsed embalmer's or funeral director's | 2293 |
license may reinstate the license with the board by paying the | 2294 |
lapsed license fee established under section 4717.07 of the | 2295 |
Revised Code, except that if the license is lapsed for more than | 2296 |
one hundred eighty days after its expiration date, the holder also | 2297 |
shall take and pass the Ohio laws examination for each license as | 2298 |
a condition for reinstatement. | 2299 |
Sec. 4717.10. (A) The board of embalmers and funeral | 2300 |
directors may recognize licenses issued to embalmers and funeral | 2301 |
directors by other states, and upon presentation of such licenses, | 2302 |
may issue to the holder an embalmer's or funeral director's | 2303 |
license under this chapter. The board shall charge the same fee as | 2304 |
prescribed in section 4717.07 of the Revised Code to issue or | 2305 |
renew such an embalmer's or funeral director's license. Such | 2306 |
licenses shall be renewed annually as provided in section 4717.08 | 2307 |
of the Revised Code. The board shall not issue a license to any | 2308 |
person under this section unless the applicant proves that the | 2309 |
applicant, in the state in which the applicant is licensed, has | 2310 |
complied with requirements substantially equal to those | 2311 |
established in section 4717.05 of the Revised Code. | 2312 |
(B) The board of embalmers and funeral directors may issue | 2313 |
courtesy cards. A courtesy cardholder shall be authorized to | 2314 |
undertake both the following acts in this state: | 2315 |
(1) Prepare and complete those sections of a death | 2316 |
certificate and other permits needed for disposition of deceased | 2317 |
human remains in this state and sign and file such death | 2318 |
certificates and permits; | 2319 |
(2) Supervise and conduct funeral ceremonies and interments | 2320 |
in this state. | 2321 |
(C) The board of embalmers and funeral directors may | 2322 |
determine under what conditions a courtesy card may be issued to | 2323 |
funeral directors in bordering states after taking into account | 2324 |
whether and under what conditions and fees such border states | 2325 |
issue similar courtesy cards to funeral directors licensed in this | 2326 |
state. Applicants for courtesy cards shall apply on forms | 2327 |
prescribed by the board, pay an annual fee set by the board for | 2328 |
initial applications and renewals, and adhere to such other | 2329 |
requirements imposed by the board on courtesy cardholders. | 2330 |
(D) No courtesy cardholder shall be authorized to undertake | 2331 |
any of the following activities in this state: | 2332 |
(1) Arranging funerals or disposition services with members | 2333 |
of the public in this state; | 2334 |
(2) Be employed by or under contract to a funeral home | 2335 |
licensed in this state to perform funeral services in this state; | 2336 |
(3) Advertise funeral or disposition services in this state; | 2337 |
(4) Enter into or execute funeral or disposition contracts in | 2338 |
this state; | 2339 |
(5) Prepare or embalm deceased human remains in this state; | 2340 |
(6) Arrange for or carry out the disinterment of human | 2341 |
remains in this state. | 2342 |
(E) As used in this section, "courtesy card" means a special | 2343 |
permit that may be issued to a funeral director licensed in a | 2344 |
state that borders this state and who does not hold a funeral | 2345 |
director's license under this chapter. | 2346 |
Sec. 4717.11. (A) A person who is licensed to operate a | 2347 |
funeral home shall obtain a new license upon any change in | 2348 |
location of the funeral home or any change in ownership of the | 2349 |
funeral business that owns the funeral home that results in a | 2350 |
majority of the ownership of the funeral business being held by | 2351 |
one or more persons who solely or in combination with others did | 2352 |
not own a majority of the funeral business immediately prior to | 2353 |
the change in ownership. The person licensed to operate the | 2354 |
funeral home shall surrender the current license to the board | 2355 |
within thirty days after any such change occurs. If a funeral home | 2356 |
is sold, the new
| 2357 |
charge and ultimately responsible for the funeral home shall apply | 2358 |
for a license within thirty days after the date of the closing of | 2359 |
the purchase of the funeral home. Upon the filing of an | 2360 |
application for a funeral home license by a licensed funeral | 2361 |
director, the funeral home may continue to operate until the board | 2362 |
denies the funeral home's application. | 2363 |
(B) When the funeral director who is licensed to operate a | 2364 |
funeral home | 2365 |
of death, resignation, employment termination, sale of the funeral | 2366 |
home, or any other reason, the funeral home may continue to | 2367 |
operate under that person's name, provided that the name of the | 2368 |
new person licensed to operate the funeral home is added to the | 2369 |
license within twenty-four months after the previous license | 2370 |
holder dies or otherwise ceases to operate the funeral home. The | 2371 |
new licensee shall meet the requirements of section 4717.06 of the | 2372 |
Revised Code. | 2373 |
(C) A person who is licensed to operate an embalming facility | 2374 |
shall obtain a new license upon any change in location of the | 2375 |
embalming facility or any change in ownership of the business | 2376 |
entity that owns the embalming facility that results in a majority | 2377 |
of the ownership of the business entity being held by one or more | 2378 |
persons who solely or in combination with others did not own a | 2379 |
majority of the business entity immediately prior to the change in | 2380 |
ownership. The person licensed to operate the facility shall | 2381 |
surrender the current license to the board within thirty days | 2382 |
after any such change occurs. | 2383 |
(D) A person who is licensed to operate a crematory facility | 2384 |
shall obtain a new license upon any change in location of the | 2385 |
crematory facility or any change in ownership of the business | 2386 |
entity operating the facility that results in a majority of the | 2387 |
ownership of the business entity being held by one or more persons | 2388 |
who solely or in combination with others did not own a majority of | 2389 |
the business entity immediately prior to the change in ownership. | 2390 |
The person licensed to operate the crematory facility shall | 2391 |
surrender the current license to the board within thirty days | 2392 |
after any such change occurs. | 2393 |
(E) A person who is licensed to operate a hydrolysis facility | 2394 |
shall obtain a new license upon any change in the location of the | 2395 |
hydrolysis facility or any change in the ownership of the business | 2396 |
entity operating the facility that results in a majority of the | 2397 |
ownership of the business entity being held by one or more persons | 2398 |
who solely or in combination with others did not own a majority of | 2399 |
the business entity immediately before the change in ownership. | 2400 |
The person licensed to operate the hydrolysis facility shall | 2401 |
surrender the current license to the board within thirty days | 2402 |
after any such change occurs. | 2403 |
Sec. 4717.12. (A) The following persons are exempt from the | 2404 |
provisions of this chapter: | 2405 |
(1) An officer or employee of the department of health or any | 2406 |
board of health, who, in compliance with rules or orders of the | 2407 |
department of health or board of health, is preparing the body of | 2408 |
a person whose death was caused by a virulent communicable | 2409 |
disease; | 2410 |
(2) An officer, employee, or licensed physician of a medical | 2411 |
college, when any of these are acting on behalf of a medical | 2412 |
college; | 2413 |
(3) Any person carrying out sections 1713.34 to 1713.39 of | 2414 |
the Revised Code, prescribing the conditions under which the | 2415 |
bodies of indigent persons are held subject for anatomical study; | 2416 |
(4) Any person licensed in another state as a funeral | 2417 |
director or embalmer who is assisting a funeral director or | 2418 |
embalmer licensed under this chapter during a disaster or an | 2419 |
emergency in the state that has been declared by this state or a | 2420 |
political subdivision. | 2421 |
(B) This chapter does not prevent or interfere with any of | 2422 |
the following: | 2423 |
(1) The ceremonies, customs, religious rights, or religion of | 2424 |
any people, denomination, or sect; | 2425 |
(2) Any religious denomination or sect, or any body composed | 2426 |
of members of a denomination; | 2427 |
(3) Any church or synagogue committee in preparing dead human | 2428 |
bodies for burial; | 2429 |
(4) The conducting of funerals and the burial of dead human | 2430 |
bodies in accordance with the ceremonies or rights described in | 2431 |
division (B) of this section without the use, employment, or | 2432 |
supervision of a licensed embalmer or funeral director, except | 2433 |
when the body is that of a person whose death was caused by a | 2434 |
virulent communicable disease, in which case the rules of the | 2435 |
department of health or board of health having territorial | 2436 |
jurisdiction shall apply. | 2437 |
Sec. 4717.13. (A) No person shall do any of the following: | 2438 |
(1) Engage in the business or profession of funeral directing | 2439 |
unless the person is licensed as a funeral director under this | 2440 |
chapter, is certified as an apprentice funeral director in | 2441 |
accordance with rules adopted under section 4717.04 of the Revised | 2442 |
Code and is assisting a funeral director licensed under this | 2443 |
chapter, or is a student in a college of mortuary sciences | 2444 |
approved by the board and is under the direct supervision of a | 2445 |
funeral director licensed by the board; | 2446 |
(2) Engage in embalming unless the person is licensed as an | 2447 |
embalmer under this chapter, is certified as an apprentice | 2448 |
embalmer in accordance with rules adopted under section 4717.04 of | 2449 |
the Revised Code and is assisting an embalmer licensed under this | 2450 |
chapter, or is a student in a college of mortuary science approved | 2451 |
by the board and is under the direct supervision of an embalmer | 2452 |
licensed by the board; | 2453 |
(3) Advertise or otherwise offer to provide or convey the | 2454 |
impression that the person provides funeral directing services | 2455 |
unless the person is licensed as a funeral director under this | 2456 |
chapter and is employed by or under contract to a licensed funeral | 2457 |
home and performs funeral directing services for that funeral home | 2458 |
in a manner consistent with the advertisement, offering, or | 2459 |
conveyance; | 2460 |
(4) Advertise or otherwise offer to provide or convey the | 2461 |
impression that the person provides embalming services unless the | 2462 |
person is licensed as an embalmer under this chapter and is | 2463 |
employed by or under contract to a licensed funeral home or a | 2464 |
licensed embalming facility and performs embalming services for | 2465 |
the funeral home or embalming facility in a manner consistent with | 2466 |
the advertisement, offering, or conveyance; | 2467 |
(5) Operate a funeral home without a license to operate the | 2468 |
funeral home issued by the board under this chapter; | 2469 |
(6) Practice the business or profession of funeral directing | 2470 |
from any place except from a funeral home that a person is | 2471 |
licensed to operate under this chapter; | 2472 |
(7) Practice embalming from any place except from a funeral | 2473 |
home or embalming facility that a person is licensed to operate | 2474 |
under this chapter; | 2475 |
(8) Operate a crematory facility or perform cremation without | 2476 |
a license to operate the crematory facility issued under this | 2477 |
chapter; | 2478 |
(9) Cremate animals in a cremation chamber in which dead | 2479 |
human bodies or body parts are cremated or cremate dead human | 2480 |
bodies or human body parts in a cremation chamber in which animals | 2481 |
are cremated; | 2482 |
(10) Operate a hydrolysis facility or perform hydrolysis | 2483 |
without a license to operate the hydrolysis facility issued under | 2484 |
this chapter; | 2485 |
(11) Hydrolyze animals in a hydrolysis chamber in which dead | 2486 |
human bodies or human body parts are hydrolyzed or hydrolyze dead | 2487 |
human bodies or human body parts in a hydrolysis chamber in which | 2488 |
animals are hydrolyzed. | 2489 |
(B) No funeral director or other person in charge of the | 2490 |
final disposition of a dead human body shall fail to do one of the | 2491 |
following prior to the interment of the body: | 2492 |
(1) Affix to the ankle or wrist of the deceased a tag encased | 2493 |
in a durable and long-lasting material that contains the name, | 2494 |
date of birth, date of death, and social security number of the | 2495 |
deceased; | 2496 |
(2) Place in the casket a capsule containing a tag bearing | 2497 |
the information described in division (B)(1) of this section; | 2498 |
(3) If the body was cremated or hydrolyzed, place in the | 2499 |
vessel containing the cremated or hydrolyzed remains a tag bearing | 2500 |
the information described in division (B)(1) of this section. | 2501 |
(C) No person who holds a funeral home license for a funeral | 2502 |
home that is closed, or that is owned by a funeral business in | 2503 |
which changes in the ownership of the funeral business result in a | 2504 |
majority of the ownership of the funeral business being held by | 2505 |
one or more persons who solely or in combination with others did | 2506 |
not own a majority of the funeral business immediately prior to | 2507 |
the change in ownership, shall fail to submit to the board within | 2508 |
thirty days after the closing or such a change in ownership of the | 2509 |
funeral business owning the funeral home, a clearly enumerated | 2510 |
account of all of the following from which the licensee, at the | 2511 |
time of the closing or change in ownership of the funeral business | 2512 |
and in connection with the funeral home, was to receive payment | 2513 |
for providing funeral services, funeral goods, or any combination | 2514 |
of those in connection with the funeral or final disposition of a | 2515 |
dead human body: | 2516 |
(1) Preneed funeral contracts governed by sections 4717.31 to | 2517 |
4717.38 of the Revised Code; | 2518 |
(2) Life insurance policies or annuities the benefits of | 2519 |
which are payable to the provider of funeral or burial goods or | 2520 |
services; | 2521 |
(3) Accounts at banks or savings banks insured by the federal | 2522 |
deposit insurance corporation, savings and loan associations | 2523 |
insured by the federal savings and loan insurance corporation or | 2524 |
the Ohio deposit guarantee fund, or credit unions insured by the | 2525 |
national credit union administration or a credit union share | 2526 |
guaranty corporation organized under Chapter 1761. of the Revised | 2527 |
Code that are payable upon the death of the person for whose | 2528 |
benefit deposits into the accounts were made. | 2529 |
Sec. 4717.14. (A) The board of embalmers and funeral | 2530 |
directors may refuse to grant or renew, or may suspend or revoke, | 2531 |
any license issued under this chapter for any of the following | 2532 |
reasons: | 2533 |
(1) The license was obtained by fraud or misrepresentation | 2534 |
either in the application or in passing the examination. | 2535 |
(2) The applicant or licensee has been convicted of or has | 2536 |
pleaded guilty to a felony or of any crime involving moral | 2537 |
turpitude. | 2538 |
(3) The applicant or licensee has purposely violated any | 2539 |
provision of sections 4717.01 to 4717.15 or a rule adopted under | 2540 |
any of those sections; division (A) or (B) of section 4717.23; | 2541 |
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), | 2542 |
or divisions (H) to (K) of section 4717.26; division (D)(1) of | 2543 |
section 4717.27; or divisions (A) to (C) of section 4717.28 of the | 2544 |
Revised Code; any rule or order of the department of health or a | 2545 |
board of health of a health district governing the disposition of | 2546 |
dead human bodies; or any other rule or order applicable to the | 2547 |
applicant or licensee. | 2548 |
(4) The applicant or licensee has committed immoral or | 2549 |
unprofessional conduct. | 2550 |
(5) The applicant or licensee knowingly permitted an | 2551 |
unlicensed person, other than a person serving an apprenticeship, | 2552 |
to engage in the profession or business of embalming or funeral | 2553 |
directing under the applicant's or licensee's supervision. | 2554 |
(6) The applicant or licensee has been habitually | 2555 |
intoxicated, or is addicted to the use of morphine, cocaine, or | 2556 |
other habit-forming or illegal drugs. | 2557 |
(7) The applicant or licensee has refused to promptly submit | 2558 |
the custody of a dead human body upon the express order of the | 2559 |
person legally entitled to the body. | 2560 |
(8) The licensee loaned the licensee's own license, or the | 2561 |
applicant or licensee borrowed or used the license of another | 2562 |
person, or knowingly aided or abetted the granting of an improper | 2563 |
license. | 2564 |
(9) The applicant or licensee transferred a license to | 2565 |
operate a funeral home, embalming facility, | 2566 |
or hydrolysis facility from one owner or operator to another, or | 2567 |
from one location to another, without notifying the board. | 2568 |
(10) The applicant or licensee | 2569 |
using false or deceptive advertising. | 2570 |
(B)(1) The board of embalmers and funeral directors shall | 2571 |
refuse to grant or renew, or shall suspend or revoke, an | 2572 |
embalmer's, funeral director's, funeral home, or embalming | 2573 |
facility license only in accordance with Chapter 119. of the | 2574 |
Revised Code. | 2575 |
(2) The board shall send to the crematory review board | 2576 |
written notice that it proposes to refuse to issue or renew, or | 2577 |
proposes to suspend or revoke, a license to operate a crematory | 2578 |
facility or hydrolysis facility. If, after the conclusion of the | 2579 |
adjudicatory hearing on the matter conducted under division (E) of | 2580 |
section 4717.03 of the Revised Code, the board of embalmers and | 2581 |
funeral directors finds that any of the circumstances described in | 2582 |
divisions (A)(1) to (10) of this section apply to the person named | 2583 |
in its proposed action, the board may issue a final order under | 2584 |
division (E) of section 4717.03 of the Revised Code refusing to | 2585 |
issue or renew, or suspending or revoking, the person's license to | 2586 |
operate a crematory facility or hydrolysis facility. | 2587 |
(C) If the board of embalmers and funeral directors | 2588 |
determines that there is clear and convincing evidence that any of | 2589 |
the circumstances described in divisions (A)(1) to (10) of this | 2590 |
section apply to the holder of a license issued under this chapter | 2591 |
and that the licensee's continued practice presents a danger of | 2592 |
immediate and serious harm to the public, the board may suspend | 2593 |
the licensee's license without a prior adjudicatory hearing. The | 2594 |
executive director of the board shall prepare written allegations | 2595 |
for consideration by the board. | 2596 |
The board, after reviewing the written allegations, may | 2597 |
suspend a license without a prior hearing. | 2598 |
The board shall issue a written order of suspension by | 2599 |
certified mail or in person in accordance with section 119.07 of | 2600 |
the Revised Code. Such an order is not subject to suspension by | 2601 |
the court during the pendency of any appeal filed under section | 2602 |
119.12 of the Revised Code. If the holder of an embalmer's, | 2603 |
funeral director's, funeral home, or embalming facility license | 2604 |
requests an adjudicatory hearing by the board, the date set for | 2605 |
the hearing shall be within fifteen days, but not earlier than | 2606 |
seven days, after the licensee has requested a hearing, unless the | 2607 |
board and the licensee agree to a different time for holding the | 2608 |
hearing. | 2609 |
Upon issuing a written order of suspension to the holder of a | 2610 |
license to operate a crematory facility or hydrolysis facility, | 2611 |
the board of embalmers and funeral directors shall send written | 2612 |
notice of the issuance of the order to the crematory review board. | 2613 |
The crematory review board shall hold an adjudicatory hearing on | 2614 |
the order under division (E) of section 4717.03 of the Revised | 2615 |
Code within fifteen days, but not earlier than seven days, after | 2616 |
the issuance of the order, unless the crematory review board and | 2617 |
the licensee agree to a different time for holding the | 2618 |
adjudicatory hearing. | 2619 |
Any summary suspension imposed under this division shall | 2620 |
remain in effect, unless reversed on appeal, until a final | 2621 |
adjudicatory order issued by the board of embalmers and funeral | 2622 |
directors pursuant to this division and Chapter 119. of the | 2623 |
Revised Code, or division (E) of section 4717.03 of the Revised | 2624 |
Code, as applicable, becomes effective. The board of embalmers and | 2625 |
funeral directors shall issue its final adjudicatory order within | 2626 |
sixty days after the completion of its hearing or, in the case of | 2627 |
the summary suspension of a license to operate a crematory | 2628 |
facility or hydrolysis facility, within sixty days after | 2629 |
completion of the adjudicatory hearing by the crematory review | 2630 |
board. A failure to issue the order within that time results in | 2631 |
the dissolution of the summary suspension order, but does not | 2632 |
invalidate any subsequent final adjudicatory order. | 2633 |
(D) If the board of embalmers and funeral directors suspends | 2634 |
or revokes a license held by a funeral director or a funeral home | 2635 |
for any reason identified in division (A) of this section, the | 2636 |
board may file a complaint with the court of common pleas in the | 2637 |
county where the violation occurred requesting appointment of a | 2638 |
receiver and the sequestration of the assets of the funeral home | 2639 |
that held the suspended or revoked license or the licensed funeral | 2640 |
home that employs the funeral director that held the suspended or | 2641 |
revoked license. If the court of common pleas is satisfied with | 2642 |
the application for a receivership, the court may appoint a | 2643 |
receiver. | 2644 |
The board or a receiver may employ and procure whatever | 2645 |
assistance or advice is necessary in the receivership or | 2646 |
liquidation and distribution of the assets of the funeral home, | 2647 |
and, for that purpose, may retain officers or employees of the | 2648 |
funeral home as needed. All expenses of the receivership or | 2649 |
liquidation shall be paid from the assets of the funeral home and | 2650 |
shall be a lien on those assets, and that lien shall be a priority | 2651 |
to any other lien. | 2652 |
(E) Any holder of a license issued under this chapter who has | 2653 |
pleaded guilty to, has been found by a judge or jury to be guilty | 2654 |
of, or has had a judicial finding of eligibility for treatment in | 2655 |
lieu of conviction entered against the individual in this state | 2656 |
for aggravated murder, murder, voluntary manslaughter, felonious | 2657 |
assault, kidnapping, rape, sexual battery, gross sexual | 2658 |
imposition, aggravated arson, aggravated robbery, or aggravated | 2659 |
burglary, or who has pleaded guilty to, has been found by a judge | 2660 |
or jury to be guilty of, or has had a judicial finding of | 2661 |
eligibility for treatment in lieu of conviction entered against | 2662 |
the individual in another jurisdiction for any substantially | 2663 |
equivalent criminal offense, is hereby suspended from practice | 2664 |
under this chapter by operation of law, and any license issued to | 2665 |
the individual under this chapter is hereby suspended by operation | 2666 |
of law as of the date of the guilty plea, verdict or finding of | 2667 |
guilt, or judicial finding of eligibility for treatment in lieu of | 2668 |
conviction, regardless of whether the proceedings are brought in | 2669 |
this state or another jurisdiction. The board shall notify the | 2670 |
suspended individual of the suspension of the individual's license | 2671 |
by the operation of this division by certified mail or in person | 2672 |
in accordance with section 119.07 of the Revised Code. If an | 2673 |
individual whose license is suspended under this division fails to | 2674 |
make a timely request for an adjudicatory hearing, the board shall | 2675 |
enter a final order revoking the license. | 2676 |
(F) No person whose license has been suspended or revoked | 2677 |
under or by the operation of this section shall practice embalming | 2678 |
or funeral directing or operate a funeral home, embalming | 2679 |
facility, | 2680 |
board has reinstated the person's license. | 2681 |
Sec. 4717.20. As used in sections 4717.20 to 4717.30 of the | 2682 |
Revised Code: | 2683 |
(A) "Alternative container" means a receptacle, other than a | 2684 |
casket, in which a dead human body or body parts are transported | 2685 |
to a crematory facility and placed in the cremation chamber for | 2686 |
cremation, and that meets all of the following requirements: | 2687 |
(1) Is composed of readily combustible materials that are | 2688 |
suitable for cremation; | 2689 |
(2) May be closed in order to provide a complete covering for | 2690 |
the dead human body or body parts; | 2691 |
(3) Is resistant to leakage or spillage; | 2692 |
(4) Is sufficiently rigid to be handled readily; | 2693 |
(5) Provides protection for the health and safety of | 2694 |
crematory personnel. | 2695 |
(B) "Authorizing agent" means the person or persons | 2696 |
identified in section 4717.21 or 4717.22 of the Revised Code who | 2697 |
are entitled to order the cremation or hydrolysis of a decedent or | 2698 |
body parts and to order the final disposition of the cremated or | 2699 |
hydrolyzed remains of a decedent or body parts. | 2700 |
(C) "Body parts" means limbs or other portions of the anatomy | 2701 |
that are removed from a living person for medical purposes during | 2702 |
biopsy, treatment, or surgery. "Body parts" also includes dead | 2703 |
human bodies that have been donated to science for purposes of | 2704 |
medical education or research and any parts of such a dead human | 2705 |
body that were removed for those purposes. | 2706 |
(D) "Burial or burial-transit permit" means a burial permit | 2707 |
or burial-transit permit issued under section 3705.17 of the | 2708 |
Revised Code or the laws of another state that are substantially | 2709 |
similar to that section. | 2710 |
(E) "Casket" means a rigid container that is designed for the | 2711 |
encasement of a dead human body and that is constructed of wood, | 2712 |
metal, or another rigid material, is ornamented and lined with | 2713 |
fabric, and may or may not be combustible. | 2714 |
(F) "Temporary container" means a receptacle for cremated or | 2715 |
hydrolyzed remains composed of cardboard, plastic, metal, or | 2716 |
another material that can be closed in a manner that prevents the | 2717 |
leakage or spillage of | 2718 |
of foreign material, and that is of sufficient size to hold | 2719 |
2720 | |
scattered. | 2721 |
(G) "Urn" means a receptacle designed to encase cremated or | 2722 |
hydrolyzed remains permanently. | 2723 |
Sec. 4717.21. (A) Any person, on an antemortem basis, may | 2724 |
serve as the person's own authorizing agent, authorize the | 2725 |
person's own cremation or hydrolysis, and specify the arrangements | 2726 |
for the final disposition of the person's own cremated or | 2727 |
hydrolyzed remains by executing an antemortem
| 2728 |
authorization form. A guardian, custodian, or other personal | 2729 |
representative who is authorized by law or contract to do so on | 2730 |
behalf of a person, on an antemortem basis, may authorize the | 2731 |
cremation or hydrolysis of the person and specify the arrangements | 2732 |
for the final disposition of the person's cremated or hydrolyzed | 2733 |
remains by executing an antemortem | 2734 |
the person's behalf. Any such antemortem | 2735 |
form also shall be signed by one witness. The original copy of the | 2736 |
executed authorization form shall be sent to the operator of the | 2737 |
crematory or hydrolysis facility being authorized to conduct the | 2738 |
cremation or hydrolysis, and a copy shall be retained by the | 2739 |
person who executed the authorization form. The person who | 2740 |
executed an antemortem | 2741 |
authorization at any time by providing written notice of the | 2742 |
revocation to the operator of the crematory or hydrolysis facility | 2743 |
named in the authorization form. The person who executed the | 2744 |
authorization form may transfer the authorization to another | 2745 |
crematory or hydrolysis facility by providing written notice to | 2746 |
the operator of
| 2747 |
authorization of the revocation of the authorization and, in | 2748 |
accordance with this division, executing a new antemortem | 2749 |
2750 | |
2751 |
(B)(1) Each antemortem | 2752 |
specify the final disposition that is to be made of the cremated | 2753 |
or hydrolyzed remains. | 2754 |
(2) Every antemortem | 2755 |
into on or after the effective date of this amendment shall | 2756 |
specify the final disposition that is to be made of the remains | 2757 |
and shall include a provision in substantially the following form: | 2758 |
NOTICE: Upon the death of the person who is the subject of | 2759 |
this antemortem | 2760 |
right of disposition under section 2108.70 or 2108.81 of the | 2761 |
Revised Code may cancel the cremation or hydrolysis arrangements, | 2762 |
modify the arrangements for the final disposition of the cremated | 2763 |
or hydrolyzed remains, or make alternative arrangements for the | 2764 |
final disposition of the decedent's body. However, the person | 2765 |
executing this antemortem | 2766 |
state his or her preferences as to the manner of final disposition | 2767 |
in a declaration of the right of disposition pursuant to section | 2768 |
2108.72 of the Revised Code, including that the arrangements set | 2769 |
forth in this form shall be followed. | 2770 |
(C)(1) Except as provided in division (C)(2) of this section, | 2771 |
when the operator of a crematory or hydrolysis facility is in | 2772 |
possession of | 2773 |
executed on an antemortem basis in accordance with this section, | 2774 |
the other conditions set forth in division (A) of section 4717.23 | 2775 |
of the Revised Code have been met, the | 2776 |
possession of the decedent to which the antemortem authorization | 2777 |
pertains, and the | 2778 |
cremation or hydrolysis of the decedent and the final disposition | 2779 |
of the cremated or hydrolyzed remains of the decedent or is | 2780 |
otherwise assured of payment for those services, the
| 2781 |
facility shall cremate or hydrolyze the decedent as directed and | 2782 |
dispose of the | 2783 |
instructions contained in the antemortem
| 2784 |
form. | 2785 |
(2) A person with the right of disposition for a decedent | 2786 |
under section 2108.70 or 2108.81 of the Revised Code who is not | 2787 |
disqualified under section 2108.75 of the Revised Code may cancel | 2788 |
the arrangements for the decedent's cremation or hydrolysis, | 2789 |
modify the arrangements for the final disposition of the | 2790 |
decedent's cremated or hydrolyzed remains, or make alternative | 2791 |
arrangements for the final disposition of the decedent's body. If | 2792 |
a person with the right takes any such action, the operator shall | 2793 |
disregard the instructions contained in the | 2794 |
authorization form and follow the instructions of the person with | 2795 |
the right. | 2796 |
(D) An antemortem | 2797 |
division (A) of this section does not constitute a contract for | 2798 |
conducting the cremation or hydrolysis of the person named in the | 2799 |
authorization form or for the final disposition of the person's | 2800 |
cremated or hydrolyzed remains. Despite the existence of such an | 2801 |
antemortem
| 2802 |
2803 | |
2804 | |
disposition for | 2805 |
2806 | |
2807 | |
Revised Code may modify, in writing, the arrangements for the | 2808 |
final disposition of the cremated or hydrolyzed remains of the | 2809 |
decedent set forth in the authorization form or may cancel the | 2810 |
cremation or hydrolysis and claim the decedent's body for purposes | 2811 |
of making alternative arrangements for the final disposition of | 2812 |
the decedent's body. The revocation of an antemortem | 2813 |
authorization form executed under division (A) of this section, or | 2814 |
the cancellation of the cremation or hydrolysis of the person | 2815 |
named in the antemortem authorization or modification of the | 2816 |
arrangements for the final disposition of the person's cremated or | 2817 |
hydrolyzed remains as authorized by this division, does not affect | 2818 |
the validity or enforceability of any contract entered into for | 2819 |
the cremation or hydrolysis of the person named in the antemortem | 2820 |
authorization or for the final disposition of the person's | 2821 |
cremated or hydrolyzed remains. | 2822 |
(E) Nothing in this section applies to any antemortem | 2823 |
2824 | |
of this section. Any cemetery, funeral home, crematory facility, | 2825 |
hydrolysis facility or other party may specify, with the written | 2826 |
approval of the person who executed the antemortem authorization, | 2827 |
that such an antemortem authorization is subject to sections | 2828 |
4717.21 to 4717.30 of the Revised Code. | 2829 |
Sec. 4717.22. (A) The person who has the right of | 2830 |
disposition under section 2108.70 or 2108.81 of the Revised Code | 2831 |
may serve as an authorizing agent for the cremation or hydrolysis | 2832 |
of a dead human body, including, without limitation, a dead human | 2833 |
body that was donated to science for purposes of medical education | 2834 |
or research. | 2835 |
(B) If body parts were removed from a living person, the | 2836 |
person from whom the body parts were removed or the person who has | 2837 |
the right of disposition under section 2108.70 or 2108.81 of the | 2838 |
Revised Code may serve as the authorizing agent for the cremation | 2839 |
or hydrolysis of the body parts. | 2840 |
(C) If body parts were removed from a decedent whose body was | 2841 |
donated to science for purposes of medical education or research, | 2842 |
the person who has the right of disposition under section 2108.70 | 2843 |
or 2108.81 of the Revised Code may serve as the authorizing agent | 2844 |
for the cremation or hydrolysis of the body parts. In the absence | 2845 |
of any action by the person with the right of disposition with | 2846 |
respect to the cremation or hydrolysis of such body parts, the | 2847 |
medical education or research facility to which the decedent's | 2848 |
body was donated may serve as the authorizing agent for the | 2849 |
cremation or hydrolysis of such parts. | 2850 |
Sec. 4717.23. (A) No operator of a crematory or hydrolysis | 2851 |
facility shall cremate or hydrolyze, or allow the cremation or | 2852 |
hydrolysis at | 2853 |
operate under this chapter, of a dead human body, other than one | 2854 |
that was donated to science for purposes of medical education or | 2855 |
research, until all of the following have occurred: | 2856 |
(1) A period of at least twenty-four hours has elapsed since | 2857 |
the decedent's death as indicated on a complete, nonprovisional | 2858 |
death certificate filed under section 3705.16 of the Revised Code | 2859 |
or under the laws of another state that are substantially | 2860 |
equivalent to that section, unless, if the decedent died from a | 2861 |
virulent communicable disease, the department of health or board | 2862 |
of health having territorial jurisdiction where the death of the | 2863 |
decedent occurred requires by rule or order the cremation or | 2864 |
hydrolysis to occur prior to the end of that period; | 2865 |
(2) The operator has received a burial or burial-transit | 2866 |
permit that authorizes the cremation or hydrolysis of the | 2867 |
decedent; | 2868 |
(3) The operator has received a completed | 2869 |
authorization form executed pursuant to section 4717.21 or 4717.24 | 2870 |
of the Revised Code, as applicable, that authorizes the cremation | 2871 |
or hydrolysis of the decedent. A blank
| 2872 |
form shall be provided by the operator and shall comply with | 2873 |
section 4717.24 of the Revised Code and, if applicable, section | 2874 |
4717.21 of the Revised Code. | 2875 |
(4) The operator has received any other documentation | 2876 |
required by this state or a political subdivision of this state. | 2877 |
(B) No operator of a crematory or hydrolysis facility shall | 2878 |
cremate or hydrolyze, or allow the cremation or hydrolysis of, any | 2879 |
body parts, including, without limitation, dead human bodies that | 2880 |
were donated to science for purposes of medical research or | 2881 |
education, at | 2882 |
operate in this state until both of the following have occurred: | 2883 |
(1) The operator has received a completed | 2884 |
authorization form executed pursuant to section 4717.25 of the | 2885 |
Revised Code or, if the decedent has executed an antemortem | 2886 |
2887 | |
the Revised Code and has donated the decedent's body to science | 2888 |
for purposes of medical education or research, such an antemortem | 2889 |
2890 |
(2) The operator has received any other documentation | 2891 |
required by this state or a political subdivision of this state. | 2892 |
Sec. 4717.24. (A) A cremation or hydrolysis authorization | 2893 |
form authorizing the cremation or hydrolysis of a dead human body, | 2894 |
other than one that was donated to science for purposes of medical | 2895 |
education or research, shall include at least all of the following | 2896 |
information and statements: | 2897 |
(1) | 2898 |
identified in accordance with division (B) of this section; | 2899 |
(2) The name of the funeral director or other individual who | 2900 |
obtained the burial or burial-transit permit authorizing the | 2901 |
cremation or hydrolysis of the decedent; | 2902 |
(3) The name of the authorizing agent and the relationship of | 2903 |
the authorizing agent to the decedent; | 2904 |
(4) A statement that the authorizing agent in fact has the | 2905 |
right to authorize cremation or hydrolysis of the decedent and | 2906 |
that the authorizing agent does not have actual knowledge of the | 2907 |
existence of any living person who has a superior priority right | 2908 |
to act as the authorizing agent under section 4717.22 of the | 2909 |
Revised Code. If the person executing the | 2910 |
form knows of another living person who has such a superior | 2911 |
priority right, the authorization form shall include a statement | 2912 |
indicating that the person executing the authorization form has | 2913 |
made reasonable efforts to contact the person having the superior | 2914 |
priority right and has been unable to do so and that the person | 2915 |
executing the authorization form has no reason to believe that the | 2916 |
person having the superior priority right would object to the | 2917 |
cremation or hydrolysis of the decedent. | 2918 |
(5) | 2919 |
statement of whether the authorizing agent has actual knowledge of | 2920 |
the presence in the decedent of a pacemaker, defibrillator, or any | 2921 |
other mechanical or radioactive device or implant that poses a | 2922 |
hazard to the health or safety of personnel performing the | 2923 |
cremation; | 2924 |
(6) | 2925 |
statement indicating the crematory facility is to cremate the | 2926 |
casket or alternative container in which the decedent was | 2927 |
delivered to or accepted by the crematory facility; | 2928 |
(7) | 2929 |
statement of whether the crematory facility is authorized to | 2930 |
simultaneously cremate the decedent in the same cremation chamber | 2931 |
with one or more other decedents who were related to the decedent | 2932 |
named in the cremation authorization form by consanguinity or | 2933 |
affinity or who, at any time during the one-year period preceding | 2934 |
the decedent's death, lived with the decedent in a common law | 2935 |
marital relationship or otherwise cohabited with the decedent. A | 2936 |
cremation authorization form executed under this section shall not | 2937 |
authorize the simultaneous cremation of a decedent in the same | 2938 |
cremation chamber with one or more other decedents except under | 2939 |
the circumstances described in the immediately preceding sentence. | 2940 |
(8) The names of any persons designated by the authorizing | 2941 |
agent to be present in the holding facility or cremation | 2942 |
hydrolysis area prior to or during the cremation or hydrolysis of | 2943 |
the decedent or during the removal of the cremated or hydrolyzed | 2944 |
remains from the cremation or hydrolysis chamber; | 2945 |
(9) The authorization for the crematory or hydrolysis | 2946 |
facility to cremate or hydrolyze the decedent and to process or | 2947 |
pulverize the cremated or hydrolyzed remains as is the practice at | 2948 |
the particular | 2949 |
(10) | 2950 |
statement of whether it is the crematory facility's practice to | 2951 |
return all of the residue removed from the cremation chamber | 2952 |
following the cremation or to separate and remove foreign matter | 2953 |
from the residue before returning the cremated remains to the | 2954 |
authorizing agent or the person designated on the authorization | 2955 |
form to receive the cremated remains pursuant to division (A)(11) | 2956 |
of this section; | 2957 |
(11) The name of the person who is to receive the cremated or | 2958 |
hydrolyzed remains of the decedent from the crematory or | 2959 |
hydrolysis facility; | 2960 |
(12) The manner in which the final disposition of the | 2961 |
cremated or hydrolyzed remains of the decedent is to occur, if | 2962 |
known. If the | 2963 |
manner of the final disposition of the cremated or hydrolyzed | 2964 |
remains, it shall indicate that the | 2965 |
by the crematory or hydrolysis facility for thirty days after the | 2966 |
cremation or hydrolysis, unless, prior to the end of that period, | 2967 |
they are picked up from the | 2968 |
designated on the | 2969 |
the authorizing agent, or, if applicable, the funeral director who | 2970 |
obtained the burial or burial-transit permit for the decedent, or | 2971 |
are delivered or shipped by the operator of the | 2972 |
to one of those persons. The authorization form shall indicate | 2973 |
that if no instructions for the final disposition are provided on | 2974 |
the authorization form and that if no arrangements for final | 2975 |
disposition have been made within the thirty-day period, the | 2976 |
2977 | |
authorizing agent. The authorization form shall further indicate | 2978 |
that if no arrangements for the final disposition of the | 2979 |
remains have been made within sixty days after the completion of | 2980 |
the cremation or hydrolysis and if the authorizing agent has not | 2981 |
picked them up or caused them to be picked up within that period, | 2982 |
the operator or funeral director may dispose of them in accordance | 2983 |
with division (C) of section 4717.27 of the Revised Code. | 2984 |
(13) A listing of the items of value to be delivered to the | 2985 |
crematory or hydrolysis facility along with the dead human body, | 2986 |
if any, and instructions regarding how those items are to be | 2987 |
handled; | 2988 |
(14) A statement of whether the authorizing agent has made | 2989 |
arrangements for any type of viewing of the decedent or for a | 2990 |
service with the decedent present prior to the cremation or | 2991 |
hydrolysis and, if so, the date, time, and place of the service; | 2992 |
(15) A statement of whether the | 2993 |
proceed with the cremation or hydrolysis at any time after the | 2994 |
conditions set forth in division (A) of section 4717.23 of the | 2995 |
Revised Code have been met and the decedent has been received at | 2996 |
the facility; | 2997 |
(16) The certification of the authorizing agent to the effect | 2998 |
that all of the information and statements contained in the | 2999 |
authorization form are accurate; | 3000 |
(17) The signature of | 3001 |
3002 | |
3003 | |
3004 | |
3005 | |
3006 | |
3007 | |
3008 | |
3009 | |
3010 | |
3011 | |
3012 | |
3013 | |
3014 | |
3015 | |
3016 | |
3017 | |
3018 | |
3019 | |
3020 | |
3021 | |
authorizing agent and the signature of at least one witness who | 3022 |
observed the authorizing agent execute the cremation or hydrolysis | 3023 |
authorization form. | 3024 |
(B) In making the identification of the decedent required by | 3025 |
division (A)(1) of this section, the funeral home arranging the | 3026 |
cremation or hydrolysis shall require the authorizing agent or the | 3027 |
agent's appointed representative to visually identify the | 3028 |
decedent's remains or a photograph or other visual image of the | 3029 |
remains. If identification is by photograph or other visual image, | 3030 |
the authorizing agent or representative shall sign the photograph | 3031 |
or other visual image. If visual identification is not feasible, | 3032 |
other positive identification of the decedent may be used | 3033 |
including, but not limited to, reliance upon an identification | 3034 |
made through the coroner's office or identification of photographs | 3035 |
or other visual images of scars, tattoos, or physical deformities | 3036 |
taken from the decedent's remains. | 3037 |
(C) An authorizing agent who is not available to execute a | 3038 |
cremation or hydrolysis authorization form in person may designate | 3039 |
another individual to serve as the authorizing agent by providing | 3040 |
to the operator of the crematory or hydrolysis facility where the | 3041 |
cremation or hydrolysis is to occur a written designation, | 3042 |
acknowledged before a notary public or other person authorized to | 3043 |
administer oaths, authorizing that other individual to serve as | 3044 |
the authorizing agent, or by sending to the operator a facsimile | 3045 |
transmission of the written designation that has been so | 3046 |
acknowledged. Any such written designation shall contain the name | 3047 |
of the decedent, the name and address of the authorizing agent, | 3048 |
the relationship of the authorizing agent to the decedent, and the | 3049 |
name and address of the individual who is being designated to | 3050 |
serve as the authorizing agent. Upon receiving such a written | 3051 |
designation or a facsimile transmission of such a written | 3052 |
designation, the operator shall permit the individual named in the | 3053 |
written designation to serve as the authorizing agent and to | 3054 |
execute the | 3055 |
or hydrolysis of the decedent named in the written designation. | 3056 |
| 3057 |
hydrolysis authorization form under this section is hereby deemed | 3058 |
to warrant the accuracy of the information and statements | 3059 |
contained in | 3060 |
identification of the decedent and the agent's authority to | 3061 |
authorize the cremation or hydrolysis. A funeral home and its | 3062 |
employees are not responsible for verifying the accuracy of any | 3063 |
information or statements the authorizing agent made on the | 3064 |
authorization form, unless the funeral home or its employees have | 3065 |
actual knowledge to the contrary regarding any such information or | 3066 |
statement. When delivering the decedent's remains to a crematory | 3067 |
or hydrolysis facility or in carrying out the disposition in its | 3068 |
own facility, the funeral home is responsible for having the | 3069 |
decedent identified pursuant to division (B) of this section and | 3070 |
carrying out the obligations imposed on the funeral home by | 3071 |
division (B) of section 4717.29 of the Revised Code. | 3072 |
| 3073 |
authorization form and prior to the beginning of the cremation or | 3074 |
hydrolysis process, the authorizing agent who executed the | 3075 |
3076 | |
section may, in writing, modify the arrangements for the final | 3077 |
disposition of the cremated or hydrolyzed remains of the decedent | 3078 |
set forth in the authorization form or may, in writing, revoke the | 3079 |
authorization, cancel the cremation or hydrolysis, and claim the | 3080 |
decedent's body for purposes of making alternative arrangements | 3081 |
for the final disposition of the decedent's body. The operator of | 3082 |
a | 3083 |
the operator receives such a revocation before beginning the | 3084 |
cremation or hydrolysis. | 3085 |
| 3086 |
under this section does not constitute a contract for conducting | 3087 |
the cremation or hydrolysis of the decedent named in the | 3088 |
authorization form or for the final disposition of the cremated or | 3089 |
hydrolyzed remains of the decedent. The revocation of | 3090 |
the authorization form or modification of the arrangements for the | 3091 |
final disposition of the cremated or hydrolyzed remains of the | 3092 |
decedent pursuant to division
| 3093 |
affect the validity or enforceability of any contract for the | 3094 |
cremation or hydrolysis of the decedent named in the authorization | 3095 |
form or for the final disposition of the cremated or hydrolyzed | 3096 |
remains of the decedent. | 3097 |
Sec. 4717.25. (A) A cremation or hydrolysis authorization | 3098 |
form authorizing the cremation or hydrolysis of any body parts, | 3099 |
including, without limitation, dead human bodies that were donated | 3100 |
to science for purposes of medical education or research shall | 3101 |
include at least all of the following information and statements, | 3102 |
as applicable: | 3103 |
(1) The identity of the decedent whose body was donated to | 3104 |
science for purposes of medical education or research or the | 3105 |
identity of the living person or such a decedent from whom the | 3106 |
body parts were removed; | 3107 |
(2) The name of the authorizing agent and the relationship of | 3108 |
the authorizing agent to the decedent or the living person from | 3109 |
whom the body parts were removed; | 3110 |
(3) A statement that the authorizing agent in fact has the | 3111 |
right to authorize the cremation or hydrolysis of the decedent or | 3112 |
the body parts removed from the decedent or living person and a | 3113 |
description of the basis of the person's right to execute the | 3114 |
3115 |
(4) A statement of whether the crematory or hydrolysis | 3116 |
facility is authorized to simultaneously cremate or hydrolyze the | 3117 |
decedent or body parts removed from the decedent or living person | 3118 |
with one or more other decedents whose bodies were donated to | 3119 |
science for purposes of medical education or research or with body | 3120 |
parts removed from one or more other decedents or living persons; | 3121 |
(5) The authorization for the crematory or hydrolysis | 3122 |
facility to cremate or hydrolyze the decedent or body parts | 3123 |
removed from the decedent or living person and to process or | 3124 |
pulverize the cremated or hydrolyzed remains as is the practice at | 3125 |
the particular | 3126 |
(6) | 3127 |
the crematory facility's practice to return all of the residue | 3128 |
removed from the cremation chamber following the cremation or to | 3129 |
separate and remove foreign matter from the residue before | 3130 |
returning the cremated remains to the authorizing agent or the | 3131 |
authorizing agent's designee; | 3132 |
(7) The name of the person who is to receive the cremated or | 3133 |
hydrolyzed remains from the | 3134 |
(8) The manner in which the final disposition of the cremated | 3135 |
or hydrolyzed remains is to occur, if known. If the | 3136 |
authorization form does not specify the manner of the final | 3137 |
disposition of the cremated or hydrolyzed remains, it shall | 3138 |
indicate that the | 3139 |
facility for thirty days after the cremation or hydrolysis, | 3140 |
unless, prior to the end of that period, they are picked up from | 3141 |
the | 3142 |
authorization form to receive them or by the authorizing agent, or | 3143 |
are delivered or shipped by the operator of the | 3144 |
to one of those persons. The authorization form shall indicate | 3145 |
that if no instructions for the final disposition of the cremated | 3146 |
or hydrolyzed remains are provided on the authorization form and | 3147 |
that if no arrangements for final disposition have been made | 3148 |
within the thirty-day period, the | 3149 |
the | 3150 |
form shall further indicate that if no arrangements for the final | 3151 |
disposition of the | 3152 |
days after the cremation or hydrolysis and if the authorizing | 3153 |
agent or person designated on the authorization form to receive | 3154 |
the | 3155 |
picked up within that period, the operator may dispose of them in | 3156 |
accordance with division (C)(1) or (2) of section 4717.27 of the | 3157 |
Revised Code. | 3158 |
(9) The certification of the authorizing agent to the effect | 3159 |
that all of the information and statements contained in the | 3160 |
authorization form are accurate. | 3161 |
(B) An authorizing agent who signs a cremation or hydrolysis | 3162 |
authorization form under this section is hereby deemed to warrant | 3163 |
the accuracy of the information and statements contained in the | 3164 |
authorization form, including the person's authority to authorize | 3165 |
the cremation or hydrolysis. | 3166 |
(C) At any time after executing a cremation or hydrolysis | 3167 |
authorization form and prior to the beginning of the cremation or | 3168 |
hydrolysis process, an authorizing agent who executed | 3169 |
such an authorization form under this section may, in writing, | 3170 |
revoke the authorization, cancel the cremation or hydrolysis, and | 3171 |
claim the decedent's body or the body parts for purposes of making | 3172 |
alternative arrangements for the final disposition of the | 3173 |
decedent's body or the body parts. The operator of a | 3174 |
facility shall cancel the cremation or hydrolysis if the operator | 3175 |
receives such a revocation before beginning the cremation or | 3176 |
hydrolysis. | 3177 |
(D) A cremation or hydrolysis authorization form executed | 3178 |
under this section does not constitute a contract for conducting | 3179 |
the cremation or hydrolysis of the decedent named in the | 3180 |
authorization form or body parts removed from the decedent or | 3181 |
living person named in the form or for the final disposition of | 3182 |
the cremated or hydrolyzed remains of the decedent or body parts. | 3183 |
The revocation of | 3184 |
modification of the arrangements for the final disposition of the | 3185 |
cremated or hydrolyzed remains of the decedent or the body parts | 3186 |
pursuant to division (C) of this section does not affect the | 3187 |
validity or enforceability of any contract for the cremation or | 3188 |
hydrolysis of the decedent named in the authorization form, the | 3189 |
cremation or hydrolysis of body parts from the decedent or living | 3190 |
person named in the authorization form, or the final disposition | 3191 |
of the cremated or hydrolyzed remains of the decedent or body | 3192 |
parts. | 3193 |
Sec. 4717.26. (A) The operator of a crematory or hydrolysis | 3194 |
facility may schedule the time for the cremation or hydrolysis of | 3195 |
a dead human body to occur at the operator's own convenience at | 3196 |
any time after the conditions set forth in division (A) or (B) of | 3197 |
section 4717.23 of the revised code, as applicable, have been met | 3198 |
and the decedent or body parts have been delivered to the | 3199 |
facility, unless, in the case of a dead human body, the operator | 3200 |
has received specific instructions to the contrary on the | 3201 |
cremation or hydrolysis authorization form authorizing the | 3202 |
cremation or hydrolysis of the decedent executed under section | 3203 |
4717.21, 4717.24, or 4717.25 of the Revised Code. The operator of | 3204 |
a crematory or hydrolysis facility becomes responsible for a dead | 3205 |
human body or body parts when the body or body parts have been | 3206 |
delivered to or accepted by the facility or an employee or agent | 3207 |
of the facility. | 3208 |
(B) No operator of a crematory or hydrolysis facility shall | 3209 |
fail to do either of the following: | 3210 |
(1) Upon receipt at the crematory or hydrolysis facility of | 3211 |
any dead human body that has not been embalmed, and subject to the | 3212 |
prohibition set forth in division (C)(1) of this section, place | 3213 |
the body in a holding or refrigerated facility at the | 3214 |
facility and keep the body in the holding or refrigerated facility | 3215 |
until near the time the cremation or hydrolysis process commences | 3216 |
or until the body is held at the facility for eight hours or | 3217 |
longer. If the body is held for eight hours or longer, place the | 3218 |
body in a refrigerated facility at the
| 3219 |
the body in the refrigerated facility until near the time the | 3220 |
cremation or hydrolysis process commences; | 3221 |
(2) Upon receipt of any dead human body that has been | 3222 |
embalmed, place the body in a holding facility at the | 3223 |
facility and keep the body in the holding facility until the | 3224 |
cremation or hydrolysis process commences. | 3225 |
(C) No operator of a crematory or hydrolysis facility shall | 3226 |
do either of the following, unless the instructions contained in | 3227 |
the cremation or hydrolysis authorization form authorizing the | 3228 |
cremation or hydrolysis of the decedent executed under section | 3229 |
4717.21, 4717.24, or 4717.25 of the Revised Code specifically | 3230 |
provide otherwise: | 3231 |
(1) | 3232 |
body from the casket or alternative container in which the body | 3233 |
was delivered to or accepted by the crematory facility; | 3234 |
(2) | 3235 |
or alternative container in which the body was delivered or | 3236 |
accepted, in its entirety with the body. | 3237 |
(D) No operator of a crematory or hydrolysis facility shall | 3238 |
simultaneously cremate or hydrolyze more than one decedent or body | 3239 |
parts removed from more than one decedent or living person in the | 3240 |
same cremation or hydrolysis chamber unless the | 3241 |
authorization forms executed under section 4717.21, 4717.24, or | 3242 |
4717.25 of the Revised Code authorizing the cremation or | 3243 |
hydrolysis of each of the decedents or body parts removed from | 3244 |
each decedent or living person specifically authorize such a | 3245 |
simultaneous cremation or hydrolysis. This division does not | 3246 |
prohibit the use of cremation equipment that contains more than | 3247 |
one cremation chamber. | 3248 |
(E) No operator of a crematory or hydrolysis facility shall | 3249 |
permit any persons other than employees of the | 3250 |
the authorizing agent for the cremation or hydrolysis of the | 3251 |
decedent | 3252 |
designated to be present at the cremation or hydrolysis of the | 3253 |
decedent on the | 3254 |
section 4717.21 or 4717.24 of the Revised Code, and persons | 3255 |
authorized by the | 3256 |
the | 3257 |
cremation | 3258 |
body parts are being held there prior to | 3259 |
3260 | |
3261 |
(F)(1) No operator of a crematory or hydrolysis facility | 3262 |
shall remove any dental gold, body parts, organs, or other items | 3263 |
of value from a dead human body prior to the cremation or | 3264 |
hydrolysis or from the cremated or hydrolyzed remains after | 3265 |
cremation or hydrolysis unless the | 3266 |
authorizing the cremation or hydrolysis of the decedent executed | 3267 |
under section 4717.21 or 4717.24 of the Revised Code specifically | 3268 |
authorizes the removal thereof. | 3269 |
(2) No operator of a crematory or hydrolysis facility that | 3270 |
removes any dental gold, body parts, organs, or other items from a | 3271 |
dead human body or assists in such removal shall charge a fee for | 3272 |
doing so that exceeds the actual cost to the
| 3273 |
for performing or assisting in the removal. | 3274 |
(G) Upon the completion of each cremation or hydrolysis, the | 3275 |
operator of a crematory or hydrolysis facility shall remove from | 3276 |
the cremation or hydrolysis chamber all of the cremation or | 3277 |
hydrolysis residue that is practicably recoverable. If the | 3278 |
3279 | |
4717.24, or 4717.25 of the Revised Code specifies that the | 3280 |
cremated or hydrolyzed remains are to be placed in an urn, the | 3281 |
operator shall place them in the type of urn specified on the | 3282 |
authorization form. If the authorization form does not specify | 3283 |
that the cremated or hydrolyzed remains are to be placed in an | 3284 |
urn, the operator shall place them in a temporary container. If | 3285 |
not all of the recovered cremated or hydrolyzed remains will fit | 3286 |
in the urn selected or the temporary container, the operator shall | 3287 |
place the remainder in a separate temporary container, and the | 3288 |
3289 | |
be delivered, released, or disposed of along with those in the urn | 3290 |
or other temporary container. Nothing in this section requires an | 3291 |
operator of a | 3292 |
or quality of cremated or hydrolyzed remains upon the completion | 3293 |
of | 3294 |
recover from the cremation or hydrolysis chamber all of the | 3295 |
cremation or hydrolysis residue that is practically recoverable. | 3296 |
(H) No operator of a crematory or hydrolysis facility shall | 3297 |
knowingly represent to an authorizing agent or a designee of an | 3298 |
authorizing agent that an urn or temporary container contains the | 3299 |
recovered cremated or hydrolyzed remains of a specific decedent or | 3300 |
of body parts removed from a specific decedent or living person | 3301 |
when it does not. This division does not prohibit the making of | 3302 |
such a representation because of the presence in the recovered | 3303 |
cremated or hydrolyzed remains of de minimus amounts of the | 3304 |
cremated or hydrolyzed remains of another decedent or of body | 3305 |
parts removed from another decedent or living person that were not | 3306 |
practicably recoverable and that remained in the cremation or | 3307 |
hydrolysis chamber after the | 3308 |
3309 |
(I) No operator of a crematory or hydrolysis facility or | 3310 |
funeral director shall ship or cause to be shipped any cremated or | 3311 |
hydrolyzed remains by a class or method of mail, common carrier | 3312 |
service, or delivery service that does not have an internal system | 3313 |
for tracing the location of the | 3314 |
and that does not require a signed receipt from the person | 3315 |
accepting delivery of the | 3316 |
(J) No operator of a crematory or hydrolysis facility shall | 3317 |
fail to establish and maintain a system for accurately identifying | 3318 |
each dead human body in the facility's possession, and for | 3319 |
identifying each decedent or living person from which body parts | 3320 |
in the facility's possession were removed, throughout all phases | 3321 |
of the holding | 3322 |
(K) No operator of a crematory facility shall knowingly use | 3323 |
or allow the use of the same cremation chamber for the cremation | 3324 |
of dead human bodies | 3325 |
operator of a hydrolysis facility shall knowingly use or allow the | 3326 |
use of the same hydrolysis chamber for the hydrolysis of dead | 3327 |
human bodies or human body parts, and animals. | 3328 |
Sec. 4717.27. (A) The authorizing agent who executed the | 3329 |
cremation or hydrolysis authorization form authorizing the | 3330 |
cremation or hydrolysis of a decedent under section 4717.24 of the | 3331 |
Revised Code or the cremation or hydrolysis of body parts under | 3332 |
section 4717.25 of the Revised Code is ultimately responsible for | 3333 |
the final disposition of the cremated or hydrolyzed remains of the | 3334 |
decedent or body parts. | 3335 |
(B) If the cremation or hydrolysis authorization form does | 3336 |
not contain instructions for the final disposition of the cremated | 3337 |
or hydrolyzed remains of the decedent or body parts, if no | 3338 |
arrangements for the disposition of the cremated or hydrolyzed | 3339 |
remains are made within thirty days after the completion of the | 3340 |
cremation or hydrolysis, and if | 3341 |
been picked up within that thirty-day period by the person | 3342 |
designated to receive them on the authorization form or, in the | 3343 |
absence of such a designated person, by the authorizing agent, the | 3344 |
operator of the
| 3345 |
the unclaimed cremated or hydrolyzed remains, at the end of that | 3346 |
thirty-day period, may release or deliver them in person to, or | 3347 |
cause their delivery by a method described in division (I) of | 3348 |
section 4717.26 of the Revised Code that is acceptable under that | 3349 |
division to, the person designated to receive them on the | 3350 |
3351 | |
designated, to the authorizing agent. | 3352 |
(C)(1) If the cremation or hydrolysis authorization form does | 3353 |
not contain instructions for the final disposition of the cremated | 3354 |
or hydrolyzed remains of the decedent or body parts, if no | 3355 |
arrangements for the final disposition of | 3356 |
remains are made within sixty days after the completion of the | 3357 |
cremation or hydrolysis, and if | 3358 |
been picked up by the person designated on the authorization form | 3359 |
to receive them or, in the absence of such a designated person, by | 3360 |
the authorizing agent, the operator of the
| 3361 |
the funeral home holding the unclaimed cremated or hydrolyzed | 3362 |
remains may dispose of | 3363 |
crypt, or niche at any time after the end of that sixty-day | 3364 |
period. | 3365 |
(2) If the cremation or hydrolysis authorization form | 3366 |
specifies the manner of the final disposition of the cremated or | 3367 |
hydrolyzed remains, or if within sixty days after the completion | 3368 |
of the cremation or hydrolysis, the authorizing agent makes | 3369 |
arrangements for the final disposition of the cremated or | 3370 |
hydrolyzed remains, and if either the arrangements have not been | 3371 |
carried out within that sixty-day period because of the inaction | 3372 |
of a party other than the operator of the | 3373 |
the funeral home holding the unclaimed cremated or hydrolyzed | 3374 |
remains, or the authorizing agent fails to pick up the cremated or | 3375 |
hydrolyzed remains within that sixty-day period, the operator of | 3376 |
the | 3377 |
cremated or hydrolyzed remains may dispose of | 3378 |
remains in a grave, crypt, or niche at any time after the end of | 3379 |
that period. | 3380 |
(3) If cremated or hydrolyzed remains of a decedent who was | 3381 |
eighteen years or older at the time of death are unclaimed under | 3382 |
divisions (C)(1) and (2) of this section, the operator of the | 3383 |
crematory or hydrolysis facility or the funeral home holding | 3384 |
3385 | |
3386 | |
department of veterans affairs of the name of, and other | 3387 |
identifying information related to, the decedent. If, within sixty | 3388 |
days of the notification, the secretary of the department of | 3389 |
veterans affairs notifies the | 3390 |
that the decedent was a veteran who is eligible for burial in a | 3391 |
national cemetery under the control of the national cemetery | 3392 |
administration and that the secretary agrees to provide for the | 3393 |
cost of the transportation and burial of the unclaimed
| 3394 |
remains in a national cemetery, the | 3395 |
home shall follow the directions of the secretary and arrange for | 3396 |
the burial of the unclaimed remains in the national cemetery at | 3397 |
the secretary's expense. If the secretary does not assume the | 3398 |
right to direct the burial of the unclaimed remains within sixty | 3399 |
days of the notification by the | 3400 |
home, the | 3401 |
disposition of the unclaimed remains under divisions (C)(1) and | 3402 |
(2) of this section. | 3403 |
(4) When cremated or hydrolyzed remains are disposed of in | 3404 |
accordance with division (C)(1) or (2) of this section, the | 3405 |
authorizing agent who executed the cremation or hydrolysis | 3406 |
authorization form authorizing the cremation or hydrolysis of the | 3407 |
decedent or body parts under section 4717.24 or 4717.25 of the | 3408 |
Revised Code is liable to the operator of the crematory or | 3409 |
hydrolysis facility or the funeral home for the cost of the final | 3410 |
disposition, which cost shall not exceed the reasonable cost for | 3411 |
disposing of the | 3412 |
crypt in the county where the | 3413 |
buried or placed in a crypt or niche. | 3414 |
(D)(1) Except as provided in division (D)(2) of this section, | 3415 |
no person shall do either of the following: | 3416 |
(a) Dispose of the cremated or hydrolyzed remains of a dead | 3417 |
human body or body parts in such a manner or in such a location | 3418 |
that the cremated or hydrolyzed remains are commingled with those | 3419 |
of another decedent or body parts removed from another decedent or | 3420 |
living person; | 3421 |
(b) Place the cremated or hydrolyzed remains of more than one | 3422 |
decedent or of body parts removed from more than one decedent or | 3423 |
living person in the same urn or temporary container. | 3424 |
(2) Division (D)(1) of this section does not prohibit any of | 3425 |
the following: | 3426 |
(a) The scattering of cremated or hydrolyzed remains at sea | 3427 |
or by air or in a dedicated area at a cemetery used exclusively | 3428 |
for the scattering on the ground of the cremated or hydrolyzed | 3429 |
remains of dead human bodies or body parts. | 3430 |
(b) The commingling of the cremated or hydrolyzed remains of | 3431 |
more than one decedent or of body parts removed from more than one | 3432 |
decedent or living person or the placement in the same urn or | 3433 |
temporary container of the cremated or hydrolyzed remains of more | 3434 |
than one decedent or of body parts removed from more than one | 3435 |
decedent or living person when each authorizing agent who executed | 3436 |
the cremation or hydrolysis authorization form authorizing the | 3437 |
cremation or hydrolysis of each of the decedents or body parts | 3438 |
removed from each of the decedents or living persons under section | 3439 |
4717.21, 4717.24, or 4717.25 of the Revised Code authorized the | 3440 |
commingling of | 3441 |
3442 | |
the authorization form. | 3443 |
(c) The commingling, by the individual designated on the | 3444 |
cremation or hydrolysis authorization form authorizing the | 3445 |
cremation or hydrolysis of the decedent or body parts to receive | 3446 |
the cremated or hydrolyzed remains, other than a funeral director | 3447 |
or employee of a cemetery, or by the authorizing agent who | 3448 |
executed the
| 3449 |
cremated or hydrolyzed remains, of | 3450 |
those of another decedent or of body parts removed from another | 3451 |
decedent or living person or the placing of them by any such | 3452 |
person in the same urn or temporary container with those of | 3453 |
another decedent or of body parts removed from another decedent or | 3454 |
living person. | 3455 |
Sec. 4717.28. (A) No operator of a crematory or hydrolysis | 3456 |
facility shall fail to ensure that a written receipt is provided | 3457 |
to the person who delivers a dead human body or body parts to the | 3458 |
facility for cremation or hydrolysis. If the dead human body is | 3459 |
other than one that was donated to science for purposes of medical | 3460 |
education or research, the receipt shall be signed by both a | 3461 |
representative of the | 3462 |
delivered the decedent to the | 3463 |
indicate the name of the decedent; the date and time of delivery; | 3464 |
the type of casket or alternative container in which the decedent | 3465 |
was delivered to the facility; the name of the person who | 3466 |
delivered the decedent to the facility; if applicable, the name of | 3467 |
the funeral home or other establishment with whom the delivery | 3468 |
person is affiliated; and the name of the person who received the | 3469 |
decedent on behalf of the facility. If the dead human body was | 3470 |
donated to science for purposes of medical education or research, | 3471 |
the receipt shall consist of a copy of the cremation or hydrolysis | 3472 |
authorization form executed under section 4717.21, 4717.24, or | 3473 |
4717.25 of the Revised Code that authorizes the cremation or | 3474 |
hydrolysis of the decedent or body parts that has been signed by | 3475 |
both a representative of the | 3476 |
delivered the decedent or body parts to the
| 3477 |
that indicates the date and time of the delivery. The operator may | 3478 |
provide the copy of the receipt to the person who delivered the | 3479 |
decedent or body parts to the facility either in person or by | 3480 |
certified mail, return receipt requested. | 3481 |
(B) No operator of a crematory or hydrolysis facility shall | 3482 |
fail to ensure at the time of releasing cremated or hydrolyzed | 3483 |
remains that a written receipt signed by both a representative of | 3484 |
the | 3485 |
such remains is provided to the person who received the | 3486 |
remains. Unless the cremated or hydrolyzed remains are those of a | 3487 |
dead human body that was donated to science for purposes of | 3488 |
medical education or research or are those of body parts, the | 3489 |
receipt shall indicate the name of the decedent; the date and time | 3490 |
of the release; the name of the person to whom the | 3491 |
remains were released; if applicable, the name of the funeral | 3492 |
home, cemetery, or other entity to whom the | 3493 |
released; and the name of the person who released the | 3494 |
remains on behalf of the | 3495 |
hydrolyzed remains are those of a dead human body that was donated | 3496 |
to science for purposes of medical education or research or are | 3497 |
those of body parts, the receipt shall consist of a copy of the | 3498 |
cremation or hydrolysis authorization form executed under section | 3499 |
4717.21, 4717.24, or 4717.25 of the Revised Code that authorizes | 3500 |
the cremation or hydrolysis of the decedent or body parts that has | 3501 |
been signed by both a representative of the crematory or | 3502 |
hydrolysis facility and the person who received the | 3503 |
remains and that indicates the date and time of the release. If | 3504 |
the | 3505 |
other individual designated on the | 3506 |
a method described in division (I) of section 4717.26 of the | 3507 |
Revised Code that is acceptable under that division, the receipt | 3508 |
required by this division shall accompany the cremated or | 3509 |
hydrolyzed remains, and the signature of the authorizing agent or | 3510 |
other designated individual on the delivery receipt meets the | 3511 |
requirement of this division that the person receiving | 3512 |
3513 | |
facility. | 3514 |
(C) No operator of a crematory or hydrolysis facility shall | 3515 |
fail to make or keep on file during the time that the operator | 3516 |
remains engaged in the business of cremating or hydrolyzing dead | 3517 |
human bodies or body parts, all of the following records and | 3518 |
documents: | 3519 |
(1) A copy of each receipt issued upon acceptance by or | 3520 |
delivery to the crematory or hydrolysis facility of a dead human | 3521 |
body under division (A) of this section; | 3522 |
(2) A record of each cremation and hydrolysis conducted at | 3523 |
3524 | |
or, in the case of body parts, the name of the decedent or living | 3525 |
person from whom the body parts were removed, the date and time of | 3526 |
the cremation or hydrolysis, and the final disposition made of the | 3527 |
cremated or hydrolyzed remains; | 3528 |
(3) A copy of each delivery receipt issued under division (B) | 3529 |
of this section; | 3530 |
(4) A separate record of the cremated or hydrolyzed remains | 3531 |
of each decedent or the body parts removed from each decedent or | 3532 |
living person that were disposed of in accordance with division | 3533 |
(C)(1) or (2) of section 4717.27 of the Revised Code, containing | 3534 |
at least the name of the decedent, the date and time of the | 3535 |
cremation or hydrolysis, and the location, date, and manner of | 3536 |
final disposition of the cremated or hydrolyzed remains. | 3537 |
(D) All records required to be maintained under sections | 3538 |
4717.21 to 4717.30 of the Revised Code are subject to inspection | 3539 |
by the board of embalmers and funeral directors or an authorized | 3540 |
representative of the board, upon reasonable notice, at any | 3541 |
reasonable time. | 3542 |
Sec. 4717.30. (A) The operator of a crematory or hydrolysis | 3543 |
facility or a funeral director is not liable in damages in a civil | 3544 |
action for any of the following actions or omissions, unless the | 3545 |
actions or omissions were made with malicious purpose, in bad | 3546 |
faith, or in a wanton or reckless manner or unless any of the | 3547 |
conditions set forth in divisions (B)(1) to (3) of this section | 3548 |
apply: | 3549 |
(1)(a) For having arranged or performed the cremation or | 3550 |
hydrolysis of the decedent, or having released or disposed of the | 3551 |
cremated or hydrolyzed remains, in accordance with the | 3552 |
instructions set forth in the | 3553 |
executed by the decedent on an antemortem basis under section | 3554 |
4717.21 of the Revised Code; | 3555 |
(b) | 3556 |
hydrolysis of the decedent or body parts removed from the decedent | 3557 |
or living person or having released or disposed of the cremated or | 3558 |
hydrolyzed remains in accordance with the instructions set forth | 3559 |
in | 3560 |
person authorized to serve as the authorizing agent for the | 3561 |
cremation or hydrolysis of the decedent or for the cremation or | 3562 |
hydrolysis of body parts of the decedent or living person, named | 3563 |
in the | 3564 |
or 4717.25 of the Revised Code. | 3565 |
(2) | 3566 |
hydrolysis of the decedent, or having released or disposed of the | 3567 |
cremated or hydrolyzed remains, in accordance with the | 3568 |
instructions set forth in the | 3569 |
executed by a designated agent under division | 3570 |
4717.24 of the Revised Code. | 3571 |
(B) The operator of a crematory or hydrolysis facility is not | 3572 |
liable in damages in a civil action for refusing to accept a dead | 3573 |
human body or body parts or to perform a cremation or hydrolysis | 3574 |
under any of the following circumstances, unless the refusal was | 3575 |
made with malicious purpose, in bad faith, or in a wanton or | 3576 |
reckless manner: | 3577 |
(1) The operator has actual knowledge that there is a dispute | 3578 |
regarding the cremation or hydrolysis of the decedent or body | 3579 |
parts, until such time as the operator receives an order of the | 3580 |
probate court | 3581 |
cremation or hydrolysis of the decedent or body parts or until the | 3582 |
operator receives from the parties to the dispute a copy of a | 3583 |
written agreement resolving the dispute and authorizing the | 3584 |
cremation or hydrolysis to be performed. | 3585 |
(2) The operator has a reasonable basis for questioning the | 3586 |
accuracy of any of the information or statements contained in | 3587 |
3588 | |
4717.24, or 4717.25 of the Revised Code, as applicable, that | 3589 |
authorizes the cremation or hydrolysis of the decedent or body | 3590 |
parts. | 3591 |
(3) The operator has any other lawful reason for refusing to | 3592 |
accept the dead human body or body parts or to perform the | 3593 |
cremation or hydrolysis. | 3594 |
(C) The operator of a crematory or hydrolysis facility or a | 3595 |
funeral director is not liable in damages in a civil action for | 3596 |
refusing to release or dispose of the cremated or hydrolyzed | 3597 |
remains of a decedent or body parts when the operator or funeral | 3598 |
director has actual knowledge that there is a dispute regarding | 3599 |
the release or final disposition of the | 3600 |
connection with any damages sustained, prior to the time the | 3601 |
operator or funeral director receives an order of the probate | 3602 |
court | 3603 |
final disposition of the cremated or hydrolyzed remains, or prior | 3604 |
to the time the | 3605 |
from the parties to the dispute a copy of a written agreement | 3606 |
resolving the dispute and authorizing the cremation or hydrolysis | 3607 |
to be performed. | 3608 |
(D) The operator of a crematory or hydrolysis facility is not | 3609 |
liable in damages in a civil action in connection with the | 3610 |
cremation or hydrolysis of, or disposition of the cremated or | 3611 |
hydrolyzed remains of, any dental gold, jewelry, or other items of | 3612 |
value delivered to the facility with a dead human body or body | 3613 |
parts, unless either or both of the following apply: | 3614 |
(1) The | 3615 |
cremation or hydrolysis of the decedent or body parts executed | 3616 |
under section 4717.21, 4717.24, or 4717.25 of the Revised Code, as | 3617 |
applicable, contains specific instructions for the removal or | 3618 |
recovery and disposition of any such dental gold, jewelry, or | 3619 |
other items of value prior to | 3620 |
hydrolysis, and the operator has failed to comply with the written | 3621 |
instructions. | 3622 |
(2) The actions or omissions of the operator were made with | 3623 |
malicious purpose, in bad faith, or in a wanton or reckless | 3624 |
manner. | 3625 |
(E)(1) This section does not create a new cause of action | 3626 |
against or substantive legal right against the operator of a | 3627 |
crematory or hydrolysis facility or a funeral director. | 3628 |
(2) This section does not affect any immunities from civil | 3629 |
liability or defenses established by another section of the | 3630 |
Revised Code or available at common law to which the operator of a | 3631 |
crematory or hydrolysis facility or a funeral director may be | 3632 |
entitled under circumstances not covered by this section. | 3633 |
Sec. 5120.45. The state shall bear the expense of the burial | 3634 |
3635 | |
correctional institution, if the body is not claimed for interment | 3636 |
3637 | |
relatives, or is not delivered for anatomical purposes or for the | 3638 |
study of embalming in accordance with section 1713.34 of the | 3639 |
Revised Code. When the expense is borne by the state, interment of | 3640 |
the person or the person's cremated or hydrolyzed remains shall be | 3641 |
in the institution cemetery or other place provided by the state. | 3642 |
The managing officer of the institution shall provide at the grave | 3643 |
of the person or, if the person's | 3644 |
the grave of the person's | 3645 |
concrete marker on which shall be inscribed the name and age of | 3646 |
the person and the date of death. | 3647 |
Sec. 5121.11. The state shall bear the expense of the | 3648 |
burial, hydrolysis, or cremation of an indigent resident who dies | 3649 |
in a state institution operated by the department of developmental | 3650 |
disabilities under section 5123.03 of the Revised Code or in a | 3651 |
state correctional institution if the body is not claimed for | 3652 |
interment, hydrolysis, or cremation at the expense of friends or | 3653 |
relatives or is not delivered for anatomical purposes or for the | 3654 |
study of embalming in accordance with section 1713.34 of the | 3655 |
Revised Code. The managing officer of the institution shall | 3656 |
provide at the grave of the person or, if the person's cremated or | 3657 |
hydrolyzed remains are buried, at the grave of the person's | 3658 |
3659 | |
shall be inscribed the name and age of the person and the date of | 3660 |
death. | 3661 |
Sec. 5121.53. The state shall bear the expense of the | 3662 |
burial, hydrolysis, or cremation of an indigent patient who dies | 3663 |
in a hospital if the body is not claimed for interment, | 3664 |
hydrolysis, or cremation at the expense of friends or relatives, | 3665 |
or is not delivered for anatomical purposes or for the study of | 3666 |
embalming in accordance with section 1713.34 of the Revised Code. | 3667 |
The managing officer of the hospital shall provide at the grave of | 3668 |
the patient or, if the patient's cremated or hydrolyzed remains | 3669 |
are buried, at the grave of the patient's | 3670 |
metal, stone, or concrete marker on which shall be inscribed the | 3671 |
name and age of the patient and the date of death. | 3672 |
Sec. 5901.24. If it is desired to bury the body or cremated | 3673 |
or hydrolyzed remains of any deceased veteran in any cemetery not | 3674 |
having a burial plot as provided by section 5901.22 of the Revised | 3675 |
Code, the board of county commissioners, any board of township | 3676 |
trustees, or the legislative authority of any municipal | 3677 |
corporation in the county in which the cemetery is situated may | 3678 |
purchase a space for the grave of the veteran or the veteran's | 3679 |
3680 | |
amount of the purchase price and maintenance cost from the funds | 3681 |
in the treasury of the county, township, or municipal corporation. | 3682 |
Sec. 5901.25. The board of county commissioners shall | 3683 |
require the veterans service commission, upon application and with | 3684 |
the approval of the family or friends of the deceased, to | 3685 |
contract, at a fair and reasonable price, with the funeral | 3686 |
director selected by the family or friends, and cause to be | 3687 |
interred, hydrolyzed, or cremated in a decent and respectable | 3688 |
manner the body of any veteran, or the parent, spouse, or | 3689 |
surviving spouse of any such veteran, who dies without the means | 3690 |
to defray the necessary funeral, hydrolysis, or cremation | 3691 |
expenses. Such a burial may be made in any cemetery or burial | 3692 |
ground within the state, other than those used exclusively for the | 3693 |
burial of paupers and criminals. | 3694 |
Sec. 5901.26. Pursuant to section 5901.25 of the Revised | 3695 |
Code, the veterans service commission shall use the forms of | 3696 |
contracts prescribed by sections 5901.25 to 5901.32 of the Revised | 3697 |
Code, and abide by the regulations provided by such sections. The | 3698 |
commission shall see that funeral directors furnish all items | 3699 |
specified in the contract, that when the benefits of such sections | 3700 |
are claimed the entire amount to be contributed by the county | 3701 |
toward the cost of the burial, hydrolysis, or cremation shall not | 3702 |
exceed the sum of one thousand dollars, and that any remaining | 3703 |
costs are paid by the family or friends of the deceased. | 3704 |
Sec. 5901.27. Before assuming the charge and expense of any | 3705 |
burial, hydrolysis, or cremation, the veterans service commission, | 3706 |
pursuant to section 5901.25 of the Revised Code, shall satisfy | 3707 |
itself, beyond a reasonable doubt, by careful inquiry, that the | 3708 |
family of the deceased is unable, for want of means, to defray the | 3709 |
expenses of the burial, hydrolysis, or cremation, or that the | 3710 |
family may be deprived of means actually necessary for its | 3711 |
immediate support. Thereupon the commission shall cause the | 3712 |
deceased to be buried, hydrolyzed, or cremated and make a report | 3713 |
thereof to the board of county commissioners. The report shall set | 3714 |
forth that the commission found the family of the deceased person | 3715 |
in indigent circumstances and unable to pay the expenses of | 3716 |
burial, hydrolysis, or cremation. The report shall also set forth | 3717 |
the name of the deceased, the rank and command to which the | 3718 |
deceased belonged if a veteran, the date of death, the place of | 3719 |
burial or disposition made of the person's hydrolyzed or cremated | 3720 |
remains, the occupation while living, and an accurate itemized | 3721 |
statement of the expenses incurred by reason of the burial, | 3722 |
hydrolysis, or cremation. | 3723 |
Sec. 5901.29. The funeral director employed to perform the | 3724 |
service described by section 5901.25 of the Revised Code shall use | 3725 |
the blanks provided by this section, specifying what the funeral | 3726 |
director is to furnish for the service. The contract shall be | 3727 |
signed by the funeral director and a copy thereof left with the | 3728 |
veterans service commission with which it is made. Such contract | 3729 |
shall read as follows: | 3730 |
"I ................, funeral director, residing at | 3731 |
................. hereby agree to furnish the following items for | 3732 |
the burial, hydrolysis, or cremation (circle one) of | 3733 |
..............., who resided at ..................., and died | 3734 |
.............., ........., which shall consist of: | 3735 |
(A) One casket, nicely covered with a good quality of black | 3736 |
cloth, lined with a good quality of white satin or other material, | 3737 |
and trimmed on the outside with handles of a fair quality in | 3738 |
keeping with the casket; | 3739 |
(B) One burial robe of a good quality of material; | 3740 |
(C) One plain box appropriate for receiving the coffin or urn | 3741 |
containing cremated or hydrolyzed remains inside the grave; | 3742 |
(D) Payment for digging the grave, in the place designated by | 3743 |
the friends of the deceased or as otherwise provided, and for | 3744 |
filling the grave in a proper manner; | 3745 |
(E) Furnishing a funeral car for conveying the remains to | 3746 |
the place of burial or hydrolysis or crematory facility; | 3747 |
(F) Preparing the body for burial when so requested; | 3748 |
(G) Furnishing necessary transportation for the use of the | 3749 |
family, friends, and pallbearers, which people shall be returned | 3750 |
to their respective homes or to the place where the funeral | 3751 |
services were held; | 3752 |
(H) Furnishing a decent, respectable funeral, for the sum of | 3753 |
...... dollars." | 3754 |
Sec. 5901.32. Upon securing the report and statement of | 3755 |
expenses as provided by section 5901.27 of the Revised Code, the | 3756 |
board of county commissioners shall transcribe in a book to be | 3757 |
kept for that purpose, all the facts contained in the report | 3758 |
concerning a deceased veteran, and shall certify the expenses thus | 3759 |
incurred to the county auditor, who shall draw a warrant for those | 3760 |
expenses upon the county treasurer, to be paid from the county | 3761 |
fund to such persons as are designated by the board. Upon the | 3762 |
death of any indigent veteran residing within the county at the | 3763 |
time of death and the burial of the indigent veteran or the | 3764 |
indigent veteran's cremated or hydrolyzed remains, the board shall | 3765 |
make application to the proper authorities, under the United | 3766 |
States government, for a suitable headstone, as provided by act of | 3767 |
congress, and shall cause it to be placed at the grave of the | 3768 |
deceased veteran or the deceased veteran's | 3769 |
Section 2. That existing sections 9.15, 313.12, 759.01, | 3770 |
1713.36, 1721.06, 1721.18, 1721.21, 2108.15, 2108.70, 2108.72, | 3771 |
2108.75, 2108.82, 2108.83, 2108.84, 2108.85, 2108.86, 2108.87, | 3772 |
2111.13, 2743.51, 2925.01, 3705.01, 3705.17, 3705.18, 3705.19, | 3773 |
3705.20, 3707.19, 4511.451, 4717.01, 4717.04, 4717.05, 4717.06, | 3774 |
4717.07, 4717.08, 4717.10, 4717.11, 4717.12, 4717.13, 4717.14, | 3775 |
4717.20, 4717.21, 4717.22, 4717.23, 4717.24, 4717.25, 4717.26, | 3776 |
4717.27, 4717.28, 4717.30, 5120.45, 5121.11, 5121.53, 5901.24, | 3777 |
5901.25, 5901.26, 5901.27, 5901.29, and 5901.32 of the Revised | 3778 |
Code are hereby repealed. | 3779 |