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

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


Representative Hackett 

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



A BILL
To amend sections 9.15, 313.12, 759.01, 1713.36, 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 cremated remains, a stone or concrete marker 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 crematories94
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 ashesremains interred, in some suitable place 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 hydrolysis121
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 facility131
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 histhe owner's136
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 facility141
built, or a morgue established, as ofon or before April 3, 1900.142

       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 hydrolyzed151
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 supercedes321
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

OR483

       NOTARY ACKNOWLEDGMENT:484

       State of Ohio485

       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, or523
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 or, cremation, or hydrolysis of the ward. 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 or,1597
cremations, or hydrolyses are made shall inter or, cremate, or 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 hethe deceased1624
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 or, cremated, 1627
or hydrolyzed, date of burial or, cremation, or hydrolysis, and 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, hethe funeral director shall also obtain 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, hethe funeral director shall enter such information 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 or, cremations, or 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 or, cremation, or hydrolysis1704
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 or, cremated, or hydrolyzed within twenty-four hours after 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 or, cremation, 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, or crematory facility, or hydrolysis facility1936
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

       (12)(13) Requirements for criminal records checks of 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, and crematory facilities, and hydrolysis facilities in 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 crematoriescrematory facilities 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, or2082
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, or crematory facility, or hydrolysis facility is in 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, or crematory 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, or crematory facility, or 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 company2107
owning a funeral home, embalming facility, or crematory 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, or crematory 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, or crematory 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. The crematory shall 2174
contain only the articles, facilities, and instruments necessary 2175
for carrying out the business of the crematory. The crematory 2176
shall contain a separate area for the performance of cremation and 2177
pulverization of dead human bodies, human body parts, and animals.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 athe person actually in charge of the crematory facility. This 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, or embalming facility, or 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, or license to operate a 2289
crematory facility, or license to operate a hydrolysis facility2290
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 ownerfuneral director who will be actually in 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 dies or otherwise ceases to operate the home because 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, or crematory 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 misleadmisled the public by 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, or crematory facility, or hydrolysis facility until the 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 the crematedsuch remains and the entrance 2718
of foreign material, and that is of sufficient size to hold the 2719
crematedsuch remains until they are placed in an urn or 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 cremation2728
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 hydrolyzed2733
remains by executing an antemortem cremation authorization form on 2734
the person's behalf. Any such antemortem cremation authorization 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 cremation authorization form may revoke the 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 the crematorysuch facility named in the original 2747
authorization of the revocation of the authorization and, in 2748
accordance with this division, executing a new antemortem 2749
cremation authorization form authorizing the operator of another 2750
crematory facility to conduct the cremation or hydrolysis.2751

       (B)(1) Each antemortem cremation authorization form shall 2752
specify the final disposition that is to be made of the cremated 2753
or hydrolyzed remains.2754

       (2) Every antemortem cremation authorization form entered 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 cremation authorization, the person holding the 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 cremation authorization is encouraged to 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 a cremationan authorization form that has been 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 crematory facility has 2776
possession of the decedent to which the antemortem authorization 2777
pertains, and the crematory facility has received payment for 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 crematory2781
facility shall cremate or hydrolyze the decedent as directed and 2782
dispose of the cremated remains in accordance with the 2783
instructions contained in the antemortem cremation authorization 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 cremationantemortem2794
authorization form and follow the instructions of the person with 2795
the right.2796

       (D) An antemortem cremation authorization form executed under 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 cremation authorization, a person identified under 2802
division (A) of section 4717.22 of the Revised Code as being 2803
entitled to act as the authorizing agentwith the right of 2804
disposition for the cremation of thea decedent named in the 2805
antemortem authorization, in the descending order of priority in 2806
which they are listed,under section 2108.70 or 2108.81 of the 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 cremation2813
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
cremation authorization form executed prior to the effective date 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 hydrolysis2832
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 hydrolysis2851
facility shall cremate or hydrolyze, or allow the cremation or 2852
hydrolysis at a crematorythe facility the operator is licensed to 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 cremation2869
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 cremation authorization 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 a crematorythe facility the operator is licensed to 2882
operate in this state until both of the following have occurred:2883

       (1) The operator has received a completed cremation2884
authorization form executed pursuant to section 4717.25 of the 2885
Revised Code or, if the decedent has executed an antemortem 2886
cremation authorization form in accordance with section 4717.21 of 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
cremation authorization form;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) The identity ofA statement that the decedent has been 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 cremation authorization 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) AIn the case of a cremation authorization form, a2919
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) AIn the case of a cremation authorization form, a2925
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) AIn the case of a cremation authorization form, a2929
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 roomor 2942
hydrolysis area prior to or during the cremation or hydrolysis of 2943
the decedent or during the removal of the cremated or hydrolyzed2944
remains from the cremation or hydrolysis chamber;2945

       (9) The authorization for the crematory or hydrolysis2946
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 crematory facility;2949

       (10) AIn the case of a cremation authorization form, a2950
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 cremation authorization form does not specify the 2963
manner of the final disposition of the cremated or hydrolyzed2964
remains, it shall indicate that the cremated remains will be held 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 crematory facility by the person 2968
designated on the cremation authorization form to receive them, 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 crematory facility 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
crematory facility may return the cremated remains to the 2977
authorizing agent. The authorization form shall further indicate 2978
that if no arrangements for the final disposition of the cremated2979
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 crematory facility may 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 a funeral director licensed under this 3001
chapter, or another individual, as a witness. If a licensed 3002
funeral director signs the authorization form as a witness, the 3003
funeral director is responsible for verifying the accuracy of the 3004
information and statements required under divisions (A)(1) and (2) 3005
of this section, but is not responsible for verifying the accuracy 3006
of any of the other information or statements provided on the 3007
authorization form by the authorizing agent, unless the funeral 3008
director has actual knowledge to the contrary regarding any of the 3009
other information or statements. In addition, at the time the 3010
decedent is delivered to the crematory facility, the funeral 3011
director shall certify that the dead human body delivered to the 3012
crematory facility is that of the decedent identified on the 3013
authorization form and shall certify that the responsibility 3014
imposed on the funeral director by division (B) of section 4717.29 3015
of the Revised Code has been carried out. If an individual other 3016
than a licensed funeral director signs the authorization form as a 3017
witness, the individual is not responsible for the accuracy of any 3018
of the information or statements provided on the authorization 3019
form, unless the individual has actual knowledge to the contrary 3020
regarding any of the information or statements provided by the 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 cremation authorization form authorizing the cremation 3055
or hydrolysis of the decedent named in the written designation. 3056

       (C)(D) An authorizing agent who signs a cremation or 3057
hydrolysis authorization form under this section is hereby deemed 3058
to warrant the accuracy of the information and statements 3059
contained in thesuch authorization form, including the person's3060
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

       (D)(E) At any time after executing a cremation or hydrolysis3073
authorization form and prior to the beginning of the cremation or 3074
hydrolysis process, the authorizing agent who executed the 3075
cremation authorization form under division (A) or (B)(C) of this 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 crematory facility shall cancel the cremation or hydrolysis if 3083
the operator receives such a revocation before beginning the 3084
cremation or hydrolysis.3085

       (E)(F) A cremation or hydrolysis authorization form executed 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 a cremation3090
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 (D)(E) of this section does not 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 hydrolyzed3096
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
cremation authorization form;3115

       (4) A statement of whether the crematory or hydrolysis3116
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 hydrolysis3122
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 crematory facility;3126

       (6) AIn the case of cremation, a statement of whether it is 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 crematory facility;3134

       (8) The manner in which the final disposition of the cremated 3135
or hydrolyzed remains is to occur, if known. If the cremation3136
authorization form does not specify the manner of the final 3137
disposition of the cremated or hydrolyzed remains, it shall 3138
indicate that the cremated remains will be held by the crematory3139
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 crematory facility by the person designated on the 3142
authorization form to receive them or by the authorizing agent, or 3143
are delivered or shipped by the operator of the crematory facility 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 crematory facility may return 3149
the cremated remains to the authorizing agent. The authorization 3150
form shall further indicate that if no arrangements for the final 3151
disposition of the cremated remains have been made within sixty 3152
days after the cremation or hydrolysis and if the authorizing 3153
agent or person designated on the authorization form to receive 3154
the cremated remains has not picked them up or caused them to be 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 hydrolysis3162
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 hydrolysis3167
authorization form and prior to the beginning of the cremation or 3168
hydrolysis process, an authorizing agent who executed a cremation3169
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 crematory3174
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 a cremationan authorization form or 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 hydrolysis3194
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 crematory3214
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 crematory facility and keep 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 crematory3223
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) RemoveIn the case of cremation, remove any dead human 3232
body from the casket or alternative container in which the body 3233
was delivered to or accepted by the crematory facility;3234

       (2) FailIn the case of cremation, fail to cremate the casket 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 cremation3241
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 crematory facility, 3250
the authorizing agent for the cremation or hydrolysis of the 3251
decedent who is to be, is being, or was cremated, persons 3252
designated to be present at the cremation or hydrolysis of the 3253
decedent on the cremation authorization form executed under 3254
section 4717.21 or 4717.24 of the Revised Code, and persons 3255
authorized by the individual who is actually in chargeoperator of 3256
the crematory facility, to be present in the holding facility or 3257
cremation roomor hydrolysis area while any dead human bodies or 3258
body parts are being held there prior to cremation or are being 3259
cremated or while any cremated remains are being removed from the 3260
cremation chamberor during the cremation or hydrolysis process.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 cremation authorization form 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 crematory facility 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 the3278
cremation authorization form executed under section 4717.21, 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
cremated remains placed in the separate temporary container shall 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 crematory facility to recover any specified quantity 3292
or quality of cremated or hydrolyzed remains upon the completion 3293
of a cremation or hydrolysis, but only requires an operator to 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 cremated remains from any previous 3308
cremationscremation or hydrolysis were removed.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 cremated remains during shipment 3314
and that does not require a signed receipt from the person 3315
accepting delivery of the cremated remains.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 and, cremation, and hydrolysis process.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, or human body parts, and animals. No 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 hydrolyzed3339
remains are made within thirty days after the completion of the 3340
cremation or hydrolysis, and if the crematedsuch remains have not 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 crematory facility or the funeral home holding 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
cremation authorization form or, if no person has been so 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 the crematedsuch3356
remains are made within sixty days after the completion of the 3357
cremation or hydrolysis, and if the crematedsuch remains have not 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 crematory facility or 3361
the funeral home holding the unclaimed cremated or hydrolyzed3362
remains may dispose of the crematedsuch remains in a grave, 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 crematory facility or 3373
the funeral home holding the unclaimed cremated or hydrolyzed3374
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 crematory facility or the funeral home holding the unclaimed 3377
cremated or hydrolyzed remains may dispose of the crematedsuch3378
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 the 3384
crematedsuch remains shall, before disposing of the unclaimed 3385
cremated remains, notify the secretary of the United States 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 crematory facility or funeral home 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 cremated3394
remains in a national cemetery, the crematory facility or funeral 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 crematory facility or funeral 3400
home, the crematory facility or funeral home may carry out 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 hydrolysis3406
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 crematedunclaimed remains in a common grave or 3412
crypt in the county where the crematedunclaimed remains were 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 hydrolyzed3429
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 the crematedsuch remains or the placement of the 3441
crematedsuch remains in the same urn or temporary container on 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 cremation authorization form, after receipt of the 3449
cremated or hydrolyzed remains, of the crematedsuch remains with 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 hydrolysis3456
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 crematory facility and the person who 3462
delivered the decedent to the crematory facility and shall 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 hydrolysis3472
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 crematory facility and the person who 3476
delivered the decedent or body parts to the crematory facility and 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 hydrolyzed3483
remains that a written receipt signed by both a representative of 3484
the crematory facility and the person who received the cremated3485
such remains is provided to the person who received the cremated3486
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 cremated3491
remains were released; if applicable, the name of the funeral 3492
home, cemetery, or other entity to whom the cremated remains were 3493
released; and the name of the person who released the cremated3494
remains on behalf of the crematory facility. If the cremated or 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 cremated3503
remains and that indicates the date and time of the release. If 3504
the cremated remains were delivered to the authorizing agent or 3505
other individual designated on the cremation authorization form by 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 the 3512
crematedsuch remains sign the receipt provided by the crematory3513
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
thesuch facility, containing at least the name of the decedent 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 hydrolysis3543
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 cremation authorization form 3553
executed by the decedent on an antemortem basis under section 3554
4717.21 of the Revised Code;3555

       (b) HavingFor having arranged or performed the cremation or 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 a cremationan authorization form executed in person by the 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 cremation authorization form executed under section 4717.24 3564
or 4717.25 of the Revised Code.3565

       (2) HavingFor having arranged or performed the cremation or 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 cremation authorization form 3569
executed by a designated agent under division (B)(C) of section 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 hydrolysis3574
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 of common pleas having jurisdiction ordering the 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 a 3587
cremationan authorization form executed under section 4717.21, 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 hydrolyzed3597
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 cremated remains in 3600
connection with any damages sustained, prior to the time the 3601
operator or funeral director receives an order of the probate3602
court of common pleas having jurisdiction ordering the release or 3603
final disposition of the cremated or hydrolyzed remains, or prior 3604
to the time the facilityoperator or funeral director receives 3605
from the parties to the dispute a copy of a written agreement 3606
resolving the dispute and authorizing the cremation or hydrolysis3607
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 cremation authorization form authorizing 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 or after the cremation or 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
or, cremation, or hydrolysis of an inmate who dies in a state 3635
correctional institution, if the body is not claimed for interment 3636
or, cremation, or hydrolysis at the expense of friends or 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 cremated remains are buried, at 3644
the grave of the person's cremated remains, a metal, stone, or 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
cremated remains, a metal, stone, or concrete marker on which 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 cremated remains, a 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
cremated remains, provide for the care of the plot, and pay the 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 cremated remains.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

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