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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 591
2025-2026
Representatives Brewer, Creech
Cosponsors: Representatives Brent,
Brennan, Piccolantonio, Bryant Bailey, Upchurch
To
amend sections 9.15, 313.12, 759.01, 1713.36, 1721.06, 1721.18,
1721.21, 2108.15, 2108.70, 2108.72, 2108.75, 2108.82, 2108.83,
2108.84, 2108.85, 2108.86, 2108.87, 2111.13, 2743.51, 2925.01,
3705.01, 3705.17, 3705.18, 3705.19, 3705.20, 4511.451, 4717.01,
4717.03, 4717.04, 4717.06, 4717.07, 4717.08, 4717.11, 4717.13,
4717.14, 4717.15, 4717.20, 4717.21, 4717.22, 4717.23, 4717.24,
4717.25, 4717.26, 4717.27, 4717.28, 4717.29, 4717.30, 4717.36,
4717.41, 4767.05, 5120.45, 5121.11, 5121.53, 5901.25, 5901.26,
5901.27, 5901.29, and 5901.32 and to enact section 4717.052 of the
Revised Code
to
authorize the use of natural organic reduction as a form of
disposition.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 9.15, 313.12, 759.01, 1713.36, 1721.06, 1721.18, 1721.21,
2108.15, 2108.70, 2108.72, 2108.75, 2108.82, 2108.83, 2108.84,
2108.85, 2108.86, 2108.87, 2111.13, 2743.51, 2925.01, 3705.01,
3705.17, 3705.18, 3705.19, 3705.20, 4511.451, 4717.01, 4717.03,
4717.04, 4717.06, 4717.07, 4717.08, 4717.11, 4717.13, 4717.14,
4717.15, 4717.20, 4717.21, 4717.22, 4717.23, 4717.24, 4717.25,
4717.26, 4717.27, 4717.28, 4717.29, 4717.30, 4717.36, 4717.41,
4767.05, 5120.45, 5121.11, 5121.53, 5901.25, 5901.26, 5901.27,
5901.29, and 5901.32 be amended and section 4717.052 of the Revised
Code be enacted to read as follows:
Sec.
9.15.
As
used in this section, "legal residence" means a permanent
place of abode used or occupied as living quarters at the time of a
person's death, including a nursing home, hospital, or other care
facility.
When
the body of a dead person is found in a township or municipal
corporation, and such person was not an inmate of a correctional,
benevolent, or charitable institution of this state, and the body is
not claimed by any person for private interment
or
,
cremation
,
or reduction
at the person's own expense, or delivered for the purpose of medical
or surgical study or dissection in accordance with section 1713.34 of
the Revised Code, it shall be disposed of as follows:
(A)
If the person was a legal resident of the county, the proper officers
of the township or municipal corporation in which the person's body
was found shall cause it to be buried
or
,
cremated
,
or reduced
at the expense of the township or municipal corporation in which the
person had a legal residence at the time of death.
(B)
If the person had a legal residence in any other county of the state
at the time of death, the superintendent of the county home of the
county in which such body was found shall cause it to be buried
or
,
cremated
,
or reduced
at the expense of the township or municipal corporation in which the
person had a legal residence at the time of death.
(C)
If the person was an inmate of a correctional institution of the
county or a patient or resident of a benevolent institution of the
county, the person had no legal residence in the state, or the
person's legal residence is unknown, the superintendent shall cause
the person to be buried
or
,
cremated
,
or reduced
at the expense of the county.
Such
officials shall provide, at the grave of the person or, if the
person's cremated
or reduced
remains are buried, at the grave of the person's
cremated
remains,
a metal, stone, or concrete marker on which the person's name and
age, if known, and date of death shall be inscribed.
A
political subdivision is not relieved of its duty to bury
or
,
cremate
,
or reduce
a person at its expense under this section when the body is claimed
by an indigent person. As used in this section, "indigent
person" means a person whose income does not exceed one hundred
fifty per cent of the federal poverty line, as revised annually by
the United States department of health and human services in
accordance with section 673(2) of the "Omnibus Budget
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as
amended, for a family size equal to the size of the person's family.
Sec.
313.12.
(A)(1)
When any person dies in circumstances as described in division (A)(2)
of this section, the physician, certified nurse-midwife, clinical
nurse specialist, or certified nurse practitioner called in
attendance and any of the following who obtains knowledge thereof
arising from the person's duties, shall immediately notify the office
of the coroner of the known facts concerning the time, place, manner,
and circumstances of the death, and any other information that is
required pursuant to sections 313.01 to 313.22 of the Revised Code:
(a)
A health care worker caring for the person;
(b)
Any member of an ambulance service or emergency squad;
(c)
A law enforcement agency.
(2)
The notification required by division (A)(1) of this section applies
in all of the following circumstances:
(a)
When any person dies as a result of criminal or other violent means,
by casualty, by suicide, or in any suspicious or unusual manner;
(b)
When any person, including a child under two years of age, dies
suddenly when in apparent good health;
(c)
When any person with a developmental disability dies regardless of
the circumstances.
(3)
In the case of a death in circumstances as described in division
(A)(2) of this section, if a request is made for cremation
,
or
reduction,
the
funeral director called in attendance shall immediately notify the
coroner.
(B)
As used in this section:
(1)
"Developmental disability" has the same meaning as in
section 5123.01 of the Revised Code.
(2)
"Health care worker" means any individual licensed or
otherwise authorized by the state to practice a health care
profession and any other individual who provides health-related
services in any setting as part of the individual's employment or
otherwise for remuneration.
Sec.
759.01.
Any
municipal corporation may provide public cemeteries
and
,
crematories
,
or
reduction facilities
for
burial
or
,
incineration
,
or reduction
of the dead and regulate public and private cemeteries
,
and
crematories
,
and reduction facilities
.
Any cemetery established by a municipal corporation shall register
with the division of real estate in the department of commerce
pursuant to section 4767.03 of the Revised Code. Any cemetery of that
nature is subject to Chapter 4767. and to sections 517.23 to 517.25
and 1721.211 of the Revised Code in addition to being subject to this
chapter.
Sec.
1713.36.
After
the bodies referred to in section 1713.34 of the Revised Code have
been subjected to medical or surgical examination or dissection or
for the study of embalming, the remains thereof shall be interred, or
shall be cremated
or reduced
and the
ashes
remains
interred,
in some suitable place at the expense of the parties in whose keeping
the corpse was placed.
Sec.
1721.06.
After
paying for its land, a cemetery company or association shall apply
all its receipts and income, whether from sale of lots, from
donations, or otherwise, exclusively to laying out, preserving,
protecting, and embellishing the cemetery and avenues within it or
leading to it, to the erection of buildings necessary or appropriate
for cemetery purposes, and to paying the necessary expenses of the
cemetery company or association. No debts shall be incurred by the
cemetery company or association except for purchasing, laying out,
inclosing, and embellishing the ground, buildings necessary or
appropriate for cemetery purposes, and avenues, for which purposes it
may contract debts to be paid out of future receipts. For purposes of
this section, buildings appropriate for cemetery purposes include,
but are not limited to, buildings for crematory
or reduction
facilities, funeral homes, and other buildings intended to produce
income for the cemetery company or association.
No
part of the funds of a cemetery company or association, or of the
proceeds of land sold by it, shall ever be divided among its
stockholders or lot owners, and all its funds shall be used
exclusively for the purposes of the company or association as
specified in this section, or invested in a fund the income of which
shall be so used and appropriated.
Sec.
1721.18.
Any
company or association incorporated for the erection and maintenance
of a crematory
or reduction facility
may exercise all the rights and powers conferred by sections 1721.01
to 1721.18, inclusive, of the Revised Code, subject to the conditions
provided in such sections. No building shall be erected for such a
purpose within two hundred yards of a dwelling house unless the owner
of the dwelling house gives
his
the owner's
consent. No person, company, association, or firm shall establish a
morgue on a street upon which there are dwelling houses unless the
owners or occupants of all dwelling houses within two hundred yards
of the proposed morgue give their written consent thereto. This
section does not apply to a crematory built, or a morgue established
,
as of
on
or before
April
3, 1900.
Sec.
1721.21.
(A)
As used in this section:
(1)
"Person" means any corporation, company, partnership,
individual, or other entity owning or operating a cemetery for the
disposition of human remains.
(2)
"Cemetery" means any one or a combination of more than one
of the following:
(a)
A burial ground for earth interments;
(b)
A mausoleum for crypt entombments;
(c)
A columbarium for the deposit of cremated
or reduced
remains;
(d)
A scattering ground for the spreading of cremated
or reduced
remains.
(3)
"Interment" means the disposition of human remains by earth
burial, entombment, or inurnment.
(4)
"Burial right" means the right of earth interment.
(5)
"Entombment right" means the right of entombment in a
mausoleum.
(6)
"Columbarium right" means the right of inurnment in a
columbarium for cremated
or reduced
remains.
(7)
"Human remains" means any part of the body of a deceased
human being, in any stage of decomposition or state of preservation,
or the remaining bone fragments from the body of a deceased human
being that has been reduced by cremation
,
reduction,
or alternative disposition.
(B)
No person shall operate or continue to operate any cemetery in this
state unless an endowment care trust is established and maintained as
required by this section.
(C)
Any person desiring to operate any cemetery that is organized or
developed after July 1, 1970, before offering to sell or selling any
burial lot, burial right, entombment right, or columbarium right in
that cemetery, shall first establish an endowment care trust,
segregated from other assets, and place in that fund a minimum of
fifty thousand dollars in cash or in bonds of the United States, this
state, or any county or municipal corporation of this state.
Whenever
any person described in this division has placed another fifty
thousand dollars in the endowment care trust out of gross sales
proceeds, in addition to the deposit required by this division, that
person, after submitting proof of this fact to the trustees of the
endowment care trust, may be paid a distribution in the sum of fifty
thousand dollars from the endowment care trust.
(D)
Any person desiring to operate or to continue to operate any cemetery
after July 1, 1970, shall place into the endowment care trust as
required by this section not less than ten per cent of the gross
sales proceeds received from the sale of any burial lot, burial
right, entombment right, or columbarium right. This percentage shall
be placed in the endowment care trust no later than thirty days
following the month in which the entire gross sales are received.
(E)
The trustees of the endowment care trust shall consist of at least
three individuals who have been residents of the county in which the
cemetery is located for at least one year, or a trust company
licensed under Chapter 1111. of the Revised Code or a national bank
or federal savings association that has securities pledged in
accordance with section 1111.04 of the Revised Code. If the trustees
are not a financial institution or trust company, the trustees shall
be bonded by a fidelity bond, or insured under an insurance policy
less any deductible, in an aggregate amount of not less than one
hundred per cent of the funds held by the trustees. The trustees or
their agent shall, on a continuous basis, keep exact records as to
the amount of funds under any joint account or trust instrument being
held for the individual beneficiaries showing the amount paid, the
amount deposited and invested, and accruals and income.
The
funds of the endowment care trust shall be held and invested in the
manner in which trust funds are permitted to be held and invested
pursuant to sections 2109.37 and 2109.371 of the Revised Code or, if
provided for in the instrument creating the trust, pursuant to the
Ohio Uniform Prudent Investor Act.
(F)
Any person offering to sell or selling any burial lot, burial right,
entombment right, or columbarium right shall give to the purchaser of
the lot or right, at the time of sale, a written agreement that
identifies and unconditionally guarantees to the purchaser the
specific location of the lot or the specific location to which the
right applies.
(G)
No person shall open or close any grave, crypt, or niche for the
interment of human remains in a cemetery without the permission of
the cemetery association or other entity having control and
management of the cemetery.
(H)
Except as provided in division (G) of this section, this section does
not apply to a family cemetery as defined in section 4767.02 of the
Revised Code, to any cemetery that is owned and operated entirely and
exclusively by churches, religious societies, established fraternal
organizations, municipal corporations, or other political
subdivisions of the state, or to a national cemetery.
(I)
The distribution from the endowment care trust shall be used only to
pay for both of the following:
(1)
The cost and expenses incurred to establish, manage, invest, and
administer the records and the trust;
(2)
The maintenance, supervision, improvement, and preservation of the
grounds, lots, buildings, equipment, statuary, and other real and
personal property of the cemetery.
(J)(1)
Annual reports of all the assets and investments of the endowment
care trust shall be prepared and maintained, and shall be available
for inspection at reasonable times by any owner of interment rights
in the cemetery.
(2)
Every cemetery required to establish and maintain an endowment care
trust shall ensure each of the following:
(a)
That the cemetery has deposited, at the time specified in division
(D) of this section, the amounts required by that division in the
cemetery's endowment care trust;
(b)
That the cemetery used the amounts withdrawn only for the purposes
specified in division (I) of this section;
(c)
Subject to division (K)(5) of this section, that all principal and
capital gains, less any payment of taxes associated with such gains,
have remained in the endowment care trust;
(d)
That the endowment care trust has not been used to collateralize or
guarantee loans and has not otherwise been subjected to any
consensual lien;
(e)
That the endowment care trust is invested in compliance with the
investing standards set forth in sections 2109.37 and 2109.371 of the
Revised Code, or, if provided for in the instrument creating the
trust, the Ohio Uniform Prudent Investor Act.
(3)
Every cemetery required to establish and maintain an endowment care
trust shall do both of the following:
(a)
File an affidavit annually with the division of real estate of the
department of commerce, in a form prescribed by the division,
certifying under oath the cemetery satisfied division (J)(2) of this
section;
(b)
Notify the division of real estate of the department of commerce, in
a form prescribed by the division, of the percentage of the unitrust
distribution from the endowment care trust, as described in divisions
(K)(2)(a)(ii) and (b) of this section.
(K)(1)
Every cemetery shall choose the distribution of either of the
following from the endowment care trust:
(a)
All net ordinary income, which includes collected dividends,
interest, and other income earned by the trust, reduced by any
expenses, including, but not limited to, taxes on income, fees,
commissions, and costs;
(b)
A unitrust disbursement not exceeding five per cent of the fair
market value of the endowment care fund. "Fair market value,"
for the purpose of division (K)(1)(b) of this section, means the
average of the net fair market value of the assets of the endowment
care trust as of the last trading day for each of the three preceding
fiscal year ends.
(2)(a)
A cemetery that selects the unitrust disbursement distribution
method, as provided in division (K)(1)(b) of this section, shall do
both of the following:
(i)
Deliver to the trustees of the endowment care trust written
instructions, including the disbursement percentage selected, not
later than sixty days prior to the beginning of a calendar year;
(ii)
Deliver to the division of real estate of the department of commerce
notification that the cemetery selected the unitrust disbursement
method and the percentage selected, in compliance with division
(J)(3)(b) of this section.
(b)
The distribution method and, if a unitrust disbursement, the
disbursement percentage selected shall remain in effect unless the
cemetery notifies the trustees and the division of real estate of the
department of commerce of its desire to effect a change. The trustees
shall ensure that an investment policy is in place whose goals and
objectives are supportive of the growth of the endowment care trust.
(3)
Distributions from the endowment care trust shall be made on a
monthly, quarterly, semiannual, or annual basis, as agreed upon by
the cemetery and the trustees. If the trustees do not receive written
instructions from the cemetery informing the trustees of the method
of calculation and distribution chosen, the trustees shall calculate
and distribute the net income, as earned, on a monthly basis.
(4)
In order to withdraw a unitrust disbursement, the fair market value
of the endowment care trust after the disbursement shall be greater
than eighty per cent of the aggregate fair market value of the
endowment care trust as of the end of the immediately preceding
calendar year. Should this not be the case, disbursement shall be
limited for that year to net ordinary income.
(5)
The trustees shall pay reasonable operating expenses and taxes of the
endowment care trust itself. If the operating expenses and taxes paid
are greater than two and one-half per cent of the fair market value
for the preceding calendar year end and the cemetery has selected a
unitrust disbursement, the trustees shall reduce the unitrust
disbursement by the amount exceeding two and one-half per cent.
Sec.
2108.15.
Subject
to division (I) of section 2108.11 and sections 2108.26 to 2108.272
of the Revised Code, the rights of the person to which a part passes
under section 2108.11 of the Revised Code shall be superior to the
rights of all others with respect to the part. The person may accept
or reject an anatomical gift in whole or in part.
Subject
to the terms of the document of gift and sections 2108.01 to 2108.29
of the Revised Code, a person that accepts an anatomical gift of an
entire body may allow embalming, burial,
or
cremation
,
or reduction
,
and use of remains in a funeral service. If the gift is of a part,
the person to whom the part passes under section 2108.11 of the
Revised Code, upon the death of the donor and before embalming,
burial,
or
cremation
,
or reduction
,
shall cause the part to be removed without unnecessary mutilation.
After removal of the part, custody of the remainder of the decedent's
body passes to the persons to whom the right of disposition for the
body has been assigned pursuant to section 2108.70 of the Revised
Code or who have the right of disposition for the body as described
in section 2108.81 of the Revised Code.
Sec.
2108.70.
(A)
As used in this section and sections 2108.71 to 2108.90 of the
Revised Code:
(1)
"Adult" means an individual who is eighteen years of age or
older.
(2)
"Declarant" means an adult who has executed a written
declaration described in division (B) of this section.
(3)
"Representative" means an adult or a group of adults,
collectively, to whom a declarant has assigned the right of
disposition.
(4)
"Right of disposition" means one or more of the rights
described in division (B) of this section that a declarant chooses to
assign to a representative in a written declaration executed under
that division or all of the rights described in division (B) of this
section that are assigned to a person pursuant to section 2108.81 of
the Revised Code.
(5)
"Successor representative" means an adult or group of
adults, collectively, to whom the right of disposition for a
declarant has been reassigned because the declarant's representative
is disqualified from exercising the right under section 2108.75 of
the Revised Code. Each successor representative shall be considered
in the order the representative is designated by the declarant.
(B)
An adult who is of sound mind may execute at any time a written
declaration assigning to a representative one or more of the
following rights:
(1)
The right to direct the disposition, after death, of the declarant's
body or any part of the declarant's body that becomes separated from
the body before death. This right includes the right to determine the
location, manner, and conditions of the disposition of the
declarant's bodily remains.
(2)
The right to make arrangements and purchase goods and services for
the declarant's funeral. This right includes the right to determine
the location, manner, and condition of the declarant's funeral.
(3)
The right to make arrangements and purchase goods and services for
the declarant's burial, cremation,
reduction,
or other manner of final disposition. This right includes the right
to determine the location, manner, and condition of the declarant's
burial, cremation
,
reduction
,
or other manner of final disposition.
(C)(1)
Subject to division (C)(2) of this section, a declarant may designate
a successor representative.
(2)
If a representative is a group of persons and not all of the persons
in the group meet at least one criterion to be disqualified from
serving as the representative, as described in section 2108.75 of the
Revised Code, the persons in the group who are not disqualified shall
remain the representative who has the right of disposition.
(D)
The assignment or reassignment of a right of disposition to a
representative and a successor representative
supercedes
supersedes
an assignment of a right of disposition under section 2108.81 of the
Revised Code.
Sec.
2108.72.
(A)
The written declaration described in section 2108.70 of the Revised
Code shall include all of the following:
(1)
The declarant's legal name and present address;
(2)
A statement that the declarant, an adult being of sound mind,
willfully and voluntarily appoints a representative to have the
declarant's right of disposition for the declarant's body upon the
declarant's death;
(3)
A statement that all decisions made by the declarant's representative
with respect to the right of disposition are binding;
(4)
The name, last known address, and last known telephone number of the
representative or, if the representative is a group of persons, the
name, last known address, and last known telephone number of each
person in the group;
(5)
If the declarant chooses to have a successor representative, a
statement that if any person or group of persons named as the
declarant's representative is disqualified from serving in such
position as described in section 2108.75 of the Revised Code, the
declarant appoints a successor representative;
(6)
If applicable, the name, last known address, and last known telephone
number of the successor representative or, if the successor
representative is a group of persons, the name, last known address,
and last known telephone number of each person in the group;
(7)
A space where the declarant may indicate the declarant's preferences
regarding how the right of disposition should be exercised, including
any religious observances the declarant wishes the person with the
right of disposition to consider;
(8)
A space where the declarant may indicate one or more sources of funds
that may be used to pay for goods and services associated with the
exercise of the right of disposition;
(9)
A statement that the declarant's written declaration becomes
effective on the declarant's death;
(10)
A statement that the declarant revokes any written declaration that
the declarant executed, in accordance with section 2108.70 of the
Revised Code, prior to the execution of the present written
declaration;
(11)
A space where the declarant can sign and date the written
declaration;
(12)
A space where a notary public or two witnesses can sign and date the
written declaration as described in section 2108.73 of the Revised
Code.
(B)
A written declaration may take the following form:
APPOINTMENT
OF REPRESENTATIVE FOR DISPOSITION OF BODILY REMAINS, FUNERAL
ARRANGEMENTS, AND BURIAL
OR
,
CREMATION
,
OR REDUCTION
GOODS AND SERVICES:
I,
_________________ (legal name and present address of declarant), an
adult being of sound mind, willfully and voluntarily appoint my
representative, named below, to have the right of disposition, as
defined in section 2108.70 of the Revised Code, for my body upon my
death. All decisions made by my representative with respect to the
right of disposition shall be binding.
REPRESENTATIVE:
(If
the representative is a group of persons, indicate the name, last
known address, and telephone number of each person in the group.)
Name(s):
__________________________
Address(es):
__________________________
Telephone
Number(s):
__________________________
SUCCESSOR
REPRESENTATIVE:
If
my representative is disqualified from serving as my representative
as described in section 2108.75 of the Revised Code, then I hereby
appoint the following person or group of persons to serve as my
successor representative.
(If
the successor representative is a group of persons, indicate the
name, last known address, and telephone number of each person in the
group.)
Name(s):
_________________________
Address(es):
_________________________
Telephone
Number(s):
_________________________
PREFERENCES
REGARDING HOW THE RIGHT OF DISPOSITION SHOULD BE EXERCISED, INCLUDING
ANY RELIGIOUS OBSERVANCES THE DECLARANT WISHES A REPRESENTATIVE OR A
SUCCESSOR REPRESENTATIVE TO CONSIDER:
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
ONE
OR MORE SOURCES OF FUNDS THAT COULD BE USED TO PAY FOR GOODS AND
SERVICES ASSOCIATED WITH AN EXERCISE OF THE RIGHT OF DISPOSITION:
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
DURATION:
The
appointment of my representative and, if applicable, successor
representative, becomes effective upon my death.
PRIOR
APPOINTMENTS REVOKED:
I
hereby revoke any written declaration that I executed in accordance
with section 2108.70 of the Ohio Revised Code prior to the date of
execution of this written declaration indicated below.
AUTHORIZATION
TO ACT:
I
hereby agree that any of the following that receives a copy of this
written declaration may act under it:
-
Cemetery organization;
-
Reduction facility operator;
-
Crematory operator;
-
Business operating a columbarium;
-
Funeral director;
-
Embalmer;
-
Funeral home;
-
Any other person asked to assist with my funeral, burial, cremation
,
reduction
,
or other manner of final disposition.
MODIFICATION
AND REVOCATION - WHEN EFFECTIVE:
Any
modification or revocation of this written declaration is not
effective as to any party until that party receives actual notice of
the modification or revocation.
LIABILITY:
No
person who acts in accordance with a properly executed copy of this
written declaration shall be liable for damages of any kind
associated with the person's reliance on this declaration.
Signed
this ______ day of_______
_____________________________
(Signature
of declarant)
ACKNOWLEDGMENT
OF ASSUMPTION OF OBLIGATIONS AND COSTS:
By
signing below, the representative, or successor representative, if
applicable, acknowledges that he or she, as representative or
successor representative, assumes the right of disposition as defined
in section 2108.70 of the Revised Code, and understands that he or
she is liable for the reasonable costs of exercising the right,
including any goods and services that are purchased.
ACCEPTANCE
(OPTIONAL):
The
undersigned hereby accepts this appointment as representative or
successor representative, as applicable, for the right of disposition
as defined in section 2108.70 of the Revised Code.
Signed
this ______ day of ________
____________________________
Signature
of representative (if
representative
is a group of
persons,
each
person in the group
shall
sign)
Signed
this ______ day of _______
__________________________________
Signature
of successor representative
(if
successor representative is a
group
of persons, each person in the
group
shall sign)
WITNESSES:
I
attest that the declarant signed or acknowledged this assignment of
the right of disposition under section 2108.70 of the Revised Code in
my presence and that the declarant is at least eighteen years of age
and appears to be of sound mind and not under or subject to duress,
fraud, or undue influence. I further attest that I am not the
declarant's representative or successor representative, I am at least
eighteen years of age, and I am not related to the declarant by
blood, marriage, or adoption.
First
witness:
Name
(printed):
_______________________
Residing
at:
____________
Signature:
____________
____________________________
____________
Date:
____________________________
Second
witness:
Name
(printed):
____________________________
Residing
at:
____________
Signature:
____________
____________________________
____________
Date:
__________________________
OR
NOTARY
ACKNOWLEDGMENT
State
of Ohio
County
of _____________ SS.
On
_______________, before me, the undersigned notary public, personally
appeared _________________, known to me or satisfactorily proven to
be the person whose name is subscribed as the declarant, and who has
acknowledged that he or she executed this written declaration under
section 2108.70 of the Revised Code for the purposes expressed in
that section. I attest that the declarant is at least eighteen years
of age and appears to be of sound mind and not under or subject to
duress, fraud, or undue influence.
Signature
of notary public
__________________________
My
commission expires on:
__________________________
(C)
Completion of a federal Record of Emergency Data form, DD Form 93, or
its successor form, by a member of the military, is sufficient to
constitute a written declaration under section 2108.70 of the Revised
Code if section 13a of DD Form 93, entitled "Person Authorized
to Direct Disposition," has been properly completed by the
member of the military who has subsequently died while under active
duty orders as described in 10 U.S.C. 1481.
Sec.
2108.75.
(A)
A person shall be disqualified from serving as a representative or
successor representative, or from having the right of disposition for
a deceased person pursuant to section 2108.81 of the Revised Code, if
any of the following occurs:
(1)
The person dies.
(2)
A probate court declares or determines that the person is
incompetent.
(3)
The person resigns or declines to exercise the right as described in
section 2108.88 of the Revised Code.
(4)
The person fails to exercise the right within forty-eight hours after
notification of the declarant's or deceased person's death or, if
there is no notification, within seventy-two hours of either of the
following, as applicable:
(a)
The declarant's or deceased person's death;
(b)
The discovery of the declarant's or deceased person's remains, when
such discovery occurs more than an hour after the declarant's or
deceased person's death.
(5)
The person cannot be located with reasonable effort.
(6)
The person meets the criteria described in section 2108.76 or 2108.77
of the Revised Code.
(7)
The person refuses to assume the liability for the costs of
disposition.
(B)
No owner, employee, or agent of a funeral home, cemetery,
or
crematory
,
or reduction facility
providing funeral, burial,
or
cremation
,
or reduction
services for a declarant shall serve as a representative or successor
representative for the declarant unless the owner, employee, or agent
is related to the declarant by blood, marriage, or adoption.
(C)
Subject to divisions (C)(2) and (D) of section 2108.70 of the Revised
Code, if a person is disqualified from serving as the declarant's
representative or successor representative, or from having the right
of disposition for a deceased person pursuant to section 2108.81 of
the Revised Code, as described in division (A) of this section, the
right is automatically reassigned to, and vests in, the next person
who has the right pursuant to the declarant's written declaration or
pursuant to the order of priority in section 2108.81 of the Revised
Code.
If
a right of disposition for a deceased person is assigned to a funeral
director under division (B)(9) of section 2108.81 of the Revised
Code, the funeral director is not liable for the cost of disposition.
Sec.
2108.82.
(A)
Notwithstanding section 2108.81 of the Revised Code and in accordance
with division (B) of this section, the probate court for the county
in which the declarant or deceased person resided at the time of
death may, on its own motion or the motion of another person, assign
to any person the right of disposition for a declarant or deceased
person.
(B)
In making a determination for purposes of division (A) of this
section and division (C) of section 2108.79 of the Revised Code, the
court shall consider the following:
(1)
Whether evidence presented to, or in the possession of the court,
demonstrates that the person who is the subject of the motion and the
declarant or deceased person had a close personal relationship;
(2)
The reasonableness and practicality of any plans that the person who
is the subject of the motion may have for the declarant's or deceased
person's funeral, burial, cremation,
reduction,
final
disposition, redisposition, or disinterment, including the degree to
which such plans allow maximum participation by all persons who wish
to pay their final respects to the deceased person;
(3)
The convenience and needs of other family members and friends wishing
to pay their final respects to the declarant or deceased person;
(4)
The express written desires of the declarant or deceased person;
(5)
The religious beliefs or other evidence of the desires of the
declarant or deceased person;
(6)
The conduct of the persons involved in the proceedings related to the
circumstances concerning the deceased person, the deceased person's
estate, and other family members;
(7)
The length of time that has elapsed since the original or last
disposition;
(8)
Whether there is a change of circumstances, including, but not
limited to, any of the following:
(a)
A change to the physical or environmental conditions of the cemetery
or other location of the deceased person's bodily remains or the
surrounding area;
(b)
A change to the financial condition of the cemetery operator or
organization containing the deceased person's bodily remains;
(c)
A change related to the residence of the deceased person's family
members;
(d)
A change to the burial arrangements for the deceased person's family
members.
A
change of circumstances does not include a mere change of the
representative who has been assigned the right to direct the
disposition of the deceased person's bodily remains.
(C)
There shall be no disinterment or other change of the original or
last disposition unless the court makes a finding of compelling
reasons based upon the factors listed in division (B) of this
section.
(D)
The personal representative of either the declarant or the deceased
does not have a greater claim to the right of disposition than such
persons otherwise have pursuant to law.
Sec.
2108.83.
In
the event of a dispute regarding the right of disposition, a funeral
home, funeral director, crematory
operator, reduction facility
operator, cemetery operator, cemetery organization, or other person
asked to assist with a declarant's or deceased person's funeral,
burial, cremation,
reduction,
or other manner of final disposition shall not be liable for damages
of any kind for refusing to accept the remains, refusing to inter,
cremate,
reduce,
or otherwise dispose of the remains, or refusing to complete funeral
or other arrangements pertaining to final disposition until such
funeral home, funeral director, crematory
operator, reduction facility
operator, cemetery operator, cemetery organization, or other person
receives a court order or a written document that is executed by a
person that the funeral home, funeral director, crematory
operator, reduction facility
operator, cemetery operator, cemetery organization, or other person
reasonably believes has the right of disposition and that clearly
expresses how the right of disposition is to be exercised.
Sec.
2108.84.
If
a funeral home, funeral director, crematory
operator, reduction facility
operator, or other person asked to assist with a declarant's or
deceased person's funeral, burial, cremation,
reduction,
or other manner of final disposition is in possession of a
declarant's or deceased person's remains while a dispute described in
section 2108.83 of the Revised Code is pending, the funeral home,
funeral director, crematory
operator, reduction facility
operator, or other person may embalm or refrigerate and shelter the
remains to preserve them and may add the cost of embalming,
refrigeration, and sheltering to the final disposition costs to be
charged.
Sec.
2108.85.
(A)
If a funeral home, funeral director, crematory
operator, reduction facility
operator, cemetery operator, cemetery organization, or other person
asked to assist with a declarant's or deceased person's funeral,
burial, cremation,
reduction,
or other manner of final disposition brings a legal action for
purposes of section 2108.83 or 2108.84 of the Revised Code, the
funeral home, funeral director, crematory
operator, reduction facility
operator, cemetery operator, cemetery organization, or other person
may add to the costs the person charges for the goods and services
the person provided the legal fees, if reasonable, and the court
costs that the person incurred.
(B)
The right created by division (A) of this section shall neither be
construed to require, nor impose a duty on, a funeral home, funeral
director, crematory
operator, reduction facility
operator, cemetery operator, cemetery organization, or other person
asked to assist with a declarant's or deceased person's funeral,
burial, cremation,
reduction,
or other manner of final disposition, to bring a legal action and
such person shall not be held criminally or civilly liable for not
bringing an action.
Sec.
2108.86.
(A)
A funeral home, funeral director, crematory
operator, reduction facility
operator, cemetery operator, cemetery organization, or other person
asked to assist with a declarant's funeral, burial, cremation,
reduction,
or other manner of final disposition has the right to rely on the
content of a written declaration and the instructions of the person
or group of persons whom the funeral home, funeral director,
crematory
operator, reduction facility
operator, cemetery operator, cemetery organization, or other person
reasonably believes has the right of disposition.
(B)
If the circumstances described in division (A) of section 2108.81 of
the Revised Code apply, a funeral home, funeral director, crematory
operator, reduction facility
operator, cemetery operator, cemetery organization, or other person
asked to assist with a deceased person's funeral, burial, cremation,
reduction,
or other manner of final disposition has the right to rely on the
instructions of the person or group of persons the funeral home,
funeral director, crematory
operator,
reduction
facility
operator,
cemetery operator, cemetery organization, or other person reasonably
believes has the right of disposition pursuant to section 2108.81 of
the Revised Code.
(C)
No funeral home, funeral director, crematory
operator, reduction facility
operator, cemetery operator, cemetery organization, or other person
asked to assist with a deceased person's funeral, burial, cremation,
reduction,
or other manner of final disposition, who relies, pursuant to
divisions (A) and (B) of this section, in good faith on the contents
of a written declaration or the instructions of the person or group
of persons the funeral home, funeral director, crematory
operator, reduction facility
operator, cemetery operator, cemetery organization, or other person
reasonably believes has the right of disposition, shall be subject to
criminal or civil liability or subject to disciplinary action for
taking an action or not taking an action in reliance on such contents
or instructions and for otherwise complying with sections 2108.70 to
2108.90 of the Revised Code.
Sec.
2108.87.
(A)
A funeral home, funeral director, crematory
operator, reduction facility
operator, cemetery operator, cemetery organization, or other person
asked to assist with a deceased person's funeral, burial, cremation,
reduction,
or other manner of final disposition may independently investigate
the existence of, or locate or contact, the following persons:
(1)
A representative or successor representative named in a written
declaration;
(2)
A person listed in section 2108.81 of the Revised Code.
(B)
In no circumstances shall a funeral home, funeral director, crematory
operator, reduction facility
operator, cemetery operator, cemetery organization, or other person
asked to assist with a deceased person's funeral, burial, cremation,
reduction,
or other manner of final disposition have a duty to independently
investigate the existence of, or locate or contact, the persons
described in division (A) of this section.
Sec.
2111.13.
(A)
When a guardian is appointed to have the custody and maintenance of a
ward, and to have charge of the education of the ward if the ward is
a minor, the guardian's duties are as follows:
(1)
To protect and control the person of the ward;
(2)
To provide suitable maintenance for the ward when necessary, which
shall be paid out of the estate of such ward upon the order of the
guardian of the person;
(3)
To provide such maintenance and education for such ward as the amount
of the ward's estate justifies when the ward is a minor and has no
father or mother, or has a father or mother who fails to maintain or
educate the ward, which shall be paid out of such ward's estate upon
the order of the guardian of the person;
(4)
To obey all the orders and judgments of the probate court touching
the guardianship.
(B)
Except as provided in section 2111.131 of the Revised Code, no part
of the ward's estate shall be used for the support, maintenance, or
education of such ward unless ordered and approved by the court.
(C)
A guardian of the person may authorize or approve the provision to
the ward of medical, health, or other professional care, counsel,
treatment, or services unless the ward or an interested party files
objections with the probate court, or the court, by rule or order,
provides otherwise.
(D)
Unless a person with the right of disposition for a ward under
section 2108.70 or 2108.81 of the Revised Code has made a decision
regarding whether or not consent to an autopsy or post-mortem
examination on the body of the deceased ward under section 2108.50 of
the Revised Code shall be given, a guardian of the person of a ward
who has died may consent to the autopsy or post-mortem examination.
(E)
If a deceased ward did not have a guardian of the estate, the estate
is not required to be administered by a probate court, and a person
with the right of disposition for a ward, as described in section
2108.70 or 2108.81 of the Revised Code, has not made a decision
regarding the disposition of the ward's body or remains, the guardian
of the person of the ward may authorize the burial
or
,
cremation
,
or reduction
of the ward.
(F)
A guardian who gives consent or authorization as described in
divisions (D) and (E) of this section shall notify the probate court
as soon as possible after giving the consent or authorization.
Sec.
2743.51.
As
used in sections 2743.51 to 2743.72 of the Revised Code:
(A)
"Claimant" means both of the following categories of
persons:
(1)
Any of the following persons who claim an award of reparations under
sections 2743.51 to 2743.72 of the Revised Code:
(a)
A victim who was one of the following at the time of the criminally
injurious conduct:
(i)
A resident of the United States;
(ii)
A resident of a foreign country the laws of which permit residents of
this state to recover compensation as victims of offenses committed
in that country.
(b)
A dependent of a deceased victim who is described in division
(A)(1)(a) of this section;
(c)
A third person, other than a collateral source, who legally assumes
or voluntarily pays the obligations of a victim, or of a dependent of
a victim, who is described in division (A)(1)(a) of this section,
which obligations are incurred as a result of the criminally
injurious conduct that is the subject of the claim and may include,
but are not limited to, medical or burial expenses;
(d)
A person who is authorized to act on behalf of any person who is
described in division (A)(1)(a), (b), or (c) of this section;
(e)
The estate of a deceased victim who is described in division
(A)(1)(a) of this section.
(2)
Any of the following persons who claim an award of reparations under
sections 2743.51 to 2743.72 of the Revised Code:
(a)
A victim who had a permanent place of residence within this state at
the time of the criminally injurious conduct and who, at the time of
the criminally injurious conduct, complied with any one of the
following:
(i)
Had a permanent place of employment in this state;
(ii)
Was a member of the regular armed forces of the United States or of
the United States coast guard or was a full-time member of the Ohio
organized militia or of the United States army reserve, naval
reserve, or air force reserve;
(iii)
Was retired and receiving social security or any other retirement
income;
(iv)
Was sixty years of age or older;
(v)
Was temporarily in another state for the purpose of receiving medical
treatment;
(vi)
Was temporarily in another state for the purpose of performing
employment-related duties required by an employer located within this
state as an express condition of employment or employee benefits;
(vii)
Was temporarily in another state for the purpose of receiving
occupational, vocational, or other job-related training or
instruction required by an employer located within this state as an
express condition of employment or employee benefits;
(viii)
Was a full-time student at an academic institution, college, or
university located in another state;
(ix)
Had not departed the geographical boundaries of this state for a
period exceeding thirty days or with the intention of becoming a
citizen of another state or establishing a permanent place of
residence in another state.
(b)
A dependent of a deceased victim who is described in division
(A)(2)(a) of this section;
(c)
A third person, other than a collateral source, who legally assumes
or voluntarily pays the obligations of a victim, or of a dependent of
a victim, who is described in division (A)(2)(a) of this section,
which obligations are incurred as a result of the criminally
injurious conduct that is the subject of the claim and may include,
but are not limited to, medical or burial expenses;
(d)
A person who is authorized to act on behalf of any person who is
described in division (A)(2)(a), (b), or (c) of this section;
(e)
The estate of a deceased victim who is described in division
(A)(2)(a) of this section.
(B)
"Collateral source" means a source of benefits or
advantages for economic loss otherwise reparable that the victim or
claimant has received, or that is readily available to the victim or
claimant, from any of the following sources:
(1)
The offender;
(2)
The government of the United States or any of its agencies, a state
or any of its political subdivisions, or an instrumentality of two or
more states, unless the law providing for the benefits or advantages
makes them excess or secondary to benefits under sections 2743.51 to
2743.72 of the Revised Code;
(3)
Social security, medicare, and medicaid;
(4)
State-required, temporary, nonoccupational disability insurance;
(5)
Workers' compensation;
(6)
Wage continuation programs of any employer;
(7)
Proceeds of a contract of insurance payable to the victim for loss
that the victim sustained because of the criminally injurious
conduct;
(8)
A contract providing prepaid hospital and other health care services,
or benefits for disability;
(9)
That portion of the proceeds of all contracts of insurance payable to
the claimant on account of the death of the victim that exceeds fifty
thousand dollars;
(10)
Any compensation recovered or recoverable under the laws of another
state, district, territory, or foreign country because the victim was
the victim of an offense committed in that state, district,
territory, or country.
"Collateral
source" does not include any money, or the monetary value of any
property, that is subject to sections 2969.01 to 2969.06 of the
Revised Code or that is received as a benefit from the Ohio public
safety officers death benefit fund created by section 742.62 of the
Revised Code.
(C)
"Criminally injurious conduct" means one of the following:
(1)
For the purposes of any person described in division (A)(1) of this
section, any conduct that occurs or is attempted in this state; poses
a substantial threat of personal injury or death; and is punishable
by fine, imprisonment, or death, or would be so punishable but for
the fact that the person engaging in the conduct lacked capacity to
commit the crime under the laws of this state. Criminally injurious
conduct does not include conduct arising out of the ownership,
maintenance, or use of a motor vehicle, except when any of the
following applies:
(a)
The person engaging in the conduct intended to cause personal injury
or death;
(b)
The person engaging in the conduct was using the vehicle to flee
immediately after committing a felony or an act that would constitute
a felony but for the fact that the person engaging in the conduct
lacked the capacity to commit the felony under the laws of this
state;
(c)
The person engaging in the conduct was using the vehicle in a manner
that constitutes an OVI violation;
(d)
The conduct occurred on or after July 25, 1990, and the person
engaging in the conduct was using the vehicle in a manner that
constitutes a violation of section 2903.08 of the Revised Code;
(e)
The person engaging in the conduct acted in a manner that caused
serious physical harm to a person and that constituted a violation of
section 4549.02 or 4549.021 of the Revised Code.
(2)
For the purposes of any person described in division (A)(2) of this
section, any conduct that occurs or is attempted in another state,
district, territory, or foreign country; poses a substantial threat
of personal injury or death; and is punishable by fine, imprisonment,
or death, or would be so punishable but for the fact that the person
engaging in the conduct lacked capacity to commit the crime under the
laws of the state, district, territory, or foreign country in which
the conduct occurred or was attempted. Criminally injurious conduct
does not include conduct arising out of the ownership, maintenance,
or use of a motor vehicle, except when any of the following applies:
(a)
The person engaging in the conduct intended to cause personal injury
or death;
(b)
The person engaging in the conduct was using the vehicle to flee
immediately after committing a felony or an act that would constitute
a felony but for the fact that the person engaging in the conduct
lacked the capacity to commit the felony under the laws of the state,
district, territory, or foreign country in which the conduct occurred
or was attempted;
(c)
The person engaging in the conduct was using the vehicle in a manner
that constitutes an OVI violation;
(d)
The conduct occurred on or after July 25, 1990, the person engaging
in the conduct was using the vehicle in a manner that constitutes a
violation of any law of the state, district, territory, or foreign
country in which the conduct occurred, and that law is substantially
similar to a violation of section 2903.08 of the Revised Code;
(e)
The person engaging in the conduct acted in a manner that caused
serious physical harm to a person and that constituted a violation of
any law of the state, district, territory, or foreign country in
which the conduct occurred, and that law is substantially similar to
section 4549.02 or 4549.021 of the Revised Code.
(3)
For the purposes of any person described in division (A)(1) or (2) of
this section, terrorism that occurs within or outside the territorial
jurisdiction of the United States.
(D)
"Dependent" means an individual wholly or partially
dependent upon the victim for care and support, and includes a child
of the victim born after the victim's death.
(E)
"Economic loss" means economic detriment consisting only of
allowable expense, work loss, funeral expense, unemployment benefits
loss, replacement services loss, cost of crime scene cleanup, and
cost of evidence replacement. If criminally injurious conduct causes
death, economic loss includes a dependent's economic loss and a
dependent's replacement services loss. Noneconomic detriment is not
economic loss; however, economic loss may be caused by pain and
suffering or physical impairment.
(F)(1)
For a victim described in division (L)(1) of this section, "allowable
expense" means reasonable charges incurred for reasonably needed
products, services, and accommodations, including those for medical
care, rehabilitation, rehabilitative occupational training, and other
remedial treatment and care and including replacement costs for
hearing aids; dentures, retainers, and other dental appliances;
canes, walkers, and other mobility tools; and eyeglasses and other
corrective lenses. It does not include that portion of a charge for a
room in a hospital, clinic, convalescent home, nursing home, or any
other institution engaged in providing nursing care and related
services in excess of a reasonable and customary charge for
semiprivate accommodations, unless accommodations other than
semiprivate accommodations are medically required.
(2)
For a victim described in division (L)(2) of this section, "allowable
expense" means reasonable charges incurred for psychiatric care
or counseling reasonably needed as a result of the criminally
injurious conduct. No other type of expense is compensable under
section 2743.51 to 2743.72 of the Revised Code for a victim of that
type.
(3)
For a victim described in division (L)(3) of this section, "allowable
expense" means work loss and reasonable charges incurred for
psychiatric care or counseling reasonably needed as a result of the
criminally injurious conduct. No other type of expense is compensable
under sections 2743.51 to 2743.72 of the Revised Code for a victim of
that type.
(4)
A family member of a victim who died as a proximate result of
criminally injurious conduct may be reimbursed as an allowable
expense through the victim's application for wages lost and travel
expenses incurred in order to attend criminal justice proceedings
arising from the criminally injurious conduct. The cumulative
allowable expense for wages lost and travel expenses incurred by a
family member to attend criminal justice proceedings shall not exceed
five hundred dollars for each family member of the victim and two
thousand dollars in the aggregate for all family members of the
victim.
(5)
For a victim described in division (L)(1) of this section, "allowable
expense" includes both of the following:
(a)
Reasonable expenses and fees necessary to obtain a guardian's bond
pursuant to section 2109.04 of the Revised Code when the bond is
required to pay an award to a fiduciary on behalf of a minor or other
incompetent;
(b)
Attorney's fees not exceeding one thousand dollars, at a rate not
exceeding one hundred dollars per hour, incurred to successfully
obtain a restraining order, custody order, or other order to
physically separate a victim from an offender. Attorney's fees for
the services described in this division may include an amount for
reasonable travel time incurred to attend court hearings, not
exceeding three hours' round-trip for each court hearing, assessed at
a rate not exceeding thirty dollars per hour.
(G)
"Work loss" means loss of income from work that the injured
person would have performed if the person had not been injured and
expenses reasonably incurred by the person to obtain services in lieu
of those the person would have performed for income, reduced by any
income from substitute work actually performed by the person, or by
income the person would have earned in available appropriate
substitute work that the person was capable of performing but
unreasonably failed to undertake.
(H)
"Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu of
those the injured person would have performed, not for income, but
for the benefit of the person's self or family, if the person had not
been injured.
(I)
"Dependent's economic loss" means loss after a victim's
death of contributions of things of economic value to the victim's
dependents, not including services they would have received from the
victim if the victim had not suffered the fatal injury, less expenses
of the dependents avoided by reason of the victim's death. If a minor
child of a victim is adopted after the victim's death, the minor
child continues after the adoption to incur a dependent's economic
loss as a result of the victim's death. If the surviving spouse of a
victim remarries, the surviving spouse continues after the remarriage
to incur a dependent's economic loss as a result of the victim's
death.
(J)
"Dependent's replacement services loss" means loss
reasonably incurred by dependents after a victim's death in obtaining
ordinary and necessary services in lieu of those the victim would
have performed for their benefit if the victim had not suffered the
fatal injury, less expenses of the dependents avoided by reason of
the victim's death and not subtracted in calculating the dependent's
economic loss. If a minor child of a victim is adopted after the
victim's death, the minor child continues after the adoption to incur
a dependent's replacement services loss as a result of the victim's
death. If the surviving spouse of a victim remarries, the surviving
spouse continues after the remarriage to incur a dependent's
replacement services loss as a result of the victim's death.
(K)
"Noneconomic detriment" means pain, suffering,
inconvenience, physical impairment, or other nonpecuniary damage.
(L)
"Victim" means one of the following:
(1)
A person who suffers personal injury or death as a result of any of
the following:
(a)
Criminally injurious conduct;
(b)
The good faith effort of any person to prevent criminally injurious
conduct;
(c)
The good faith effort of any person to apprehend a person suspected
of engaging in criminally injurious conduct.
(2)
A person who is an immediate family member of a victim of criminally
injurious conduct that consists of a homicide, a sexual assault,
domestic violence, or a severe and permanently incapacitating injury
resulting in paraplegia or a similar life-altering condition, who
requires psychiatric care or counseling as a result of the criminally
injurious conduct;
(3)
A person who suffers trauma so severe that it impedes or prohibits a
person from participating in normal daily activities and who is
either of the following:
(a)
A family member of a victim of criminally injurious conduct that
consists of a homicide, or a family member of a victim who, as a
result of criminally injurious conduct, has sustained a severe and
permanently incapacitating injury resulting in paraplegia or a
similar life-altering condition, and who can demonstrate either of
the following by a preponderance of the evidence:
(i)
The person witnessed the criminally injurious conduct.
(ii)
The person arrived at the crime scene in its immediate aftermath.
(b)
An immediate family member who is a caretaker of a dependent victim
of criminally injurious conduct that consists of a sexual assault.
(M)
"Contributory misconduct" means any conduct of the claimant
or of the victim through whom the claimant claims an award of
reparations that is unlawful or intentionally tortious and to which
all of the following apply:
(1)
The conduct occurred at the time of the criminally injurious conduct
that is the basis of the claim.
(2)
The conduct itself caused or posed a substantial and imminent threat
of causing serious physical harm or death to another.
(3)
The conduct instigated or proximately caused the criminally injurious
conduct that is the basis of the claim.
(N)(1)
"Funeral expense" means any reasonable charges that are not
in excess of seven thousand five hundred dollars per funeral and that
are incurred for expenses directly related to a victim's funeral,
cremation,
reduction,
or burial and any wages lost or travel expenses incurred by a family
member of a victim in order to attend the victim's funeral,
cremation,
reduction,
or burial.
(2)
An award for funeral expenses shall be applied first to expenses
directly related to the victim's funeral, cremation,
reduction,
or burial. An award for wages lost or travel expenses incurred by a
family member of the victim shall not exceed five hundred dollars for
each family member and shall not exceed in the aggregate the
difference between seven thousand five hundred dollars and expenses
that are reimbursed by the program and that are directly related to
the victim's funeral, cremation,
reduction,
or burial.
(O)
"Unemployment benefits loss" means a loss of unemployment
benefits pursuant to Chapter 4141. of the Revised Code when the loss
arises solely from the inability of a victim to meet the able to
work, available for suitable work, or the actively seeking suitable
work requirements of division (A)(4)(a) of section 4141.29 of the
Revised Code.
(P)
"OVI violation" means any of the following:
(1)
A violation of section 4511.19 of the Revised Code, of any municipal
ordinance prohibiting the operation of a vehicle while under the
influence of alcohol, a drug of abuse, or a combination of them, or
of any municipal ordinance prohibiting the operation of a vehicle
with a prohibited concentration of alcohol, a controlled substance,
or a metabolite of a controlled substance in the whole blood, blood
serum or plasma, breath, or urine;
(2)
A violation of division (A)(1) of section 2903.06 of the Revised
Code;
(3)
A violation of division (A)(2), (3), or (4) of section 2903.06 of the
Revised Code or of a municipal ordinance substantially similar to any
of those divisions, if the offender was under the influence of
alcohol, a drug of abuse, or a combination of them, at the time of
the commission of the offense;
(4)
For purposes of any person described in division (A)(2) of this
section, a violation of any law of the state, district, territory, or
foreign country in which the criminally injurious conduct occurred,
if that law is substantially similar to a violation described in
division (P)(1) or (2) of this section or if that law is
substantially similar to a violation described in division (P)(3) of
this section and the offender was under the influence of alcohol, a
drug of abuse, or a combination of them, at the time of the
commission of the offense.
(Q)
"Pendency of the claim" for an original reparations
application or supplemental reparations application means the period
of time from the date the criminally injurious conduct upon which the
application is based occurred until the date a final decision, order,
or judgment concerning that original reparations application or
supplemental reparations application is issued.
(R)
"Terrorism" means any activity to which all of the
following apply:
(1)
The activity involves a violent act or an act that is dangerous to
human life.
(2)
The act described in division (R)(1) of this section is committed
within the territorial jurisdiction of the United States and is a
violation of the criminal laws of the United States, this state, or
any other state or the act described in division (R)(1) of this
section is committed outside the territorial jurisdiction of the
United States and would be a violation of the criminal laws of the
United States, this state, or any other state if committed within the
territorial jurisdiction of the United States.
(3)
The activity appears to be intended to do any of the following:
(a)
Intimidate or coerce a civilian population;
(b)
Influence the policy of any government by intimidation or coercion;
(c)
Affect the conduct of any government by assassination or kidnapping.
(4)
The activity occurs primarily outside the territorial jurisdiction of
the United States or transcends the national boundaries of the United
States in terms of the means by which the activity is accomplished,
the person or persons that the activity appears intended to
intimidate or coerce, or the area or locale in which the perpetrator
or perpetrators of the activity operate or seek asylum.
(S)
"Transcends the national boundaries of the United States"
means occurring outside the territorial jurisdiction of the United
States in addition to occurring within the territorial jurisdiction
of the United States.
(T)
"Cost of crime scene cleanup" means any of the following:
(1)
The replacement cost for items of clothing removed from a victim in
order to make an assessment of possible physical harm or to treat
physical harm;
(2)
Reasonable and necessary costs of cleaning the scene and repairing,
for the purpose of personal security, property damaged at the scene
where the criminally injurious conduct occurred, not to exceed seven
hundred fifty dollars in the aggregate per claim.
(U)
"Cost of evidence replacement" means costs for replacement
of property confiscated for evidentiary purposes related to the
criminally injurious conduct, not to exceed seven hundred fifty
dollars in the aggregate per claim.
(V)
"Provider" means any person who provides a victim or
claimant with a product, service, or accommodations that are an
allowable expense or a funeral expense.
(W)
"Immediate family member" means an individual who resided
in the same permanent household as a victim at the time of the
criminally injurious conduct and who is related to the victim by
affinity or consanguinity.
(X)
"Family member" means an individual who is related to a
victim by affinity or consanguinity.
Sec.
2925.01.
As
used in this chapter:
(A)
"Administer," "controlled substance," "controlled
substance analog," "dispense," "distribute,"
"hypodermic," "manufacturer," "official
written order," "person," "pharmacist,"
"pharmacy," "sale," "schedule I,"
"schedule II," "schedule III," "schedule
IV," "schedule V," and "wholesaler" have the
same meanings as in section 3719.01 of the Revised Code.
(B)
"Drug of abuse" and "person with a drug dependency"
have the same meanings as in section 3719.011 of the Revised Code.
(C)
"Drug," "dangerous drug," "licensed health
professional authorized to prescribe drugs," and "prescription"
have the same meanings as in section 4729.01 of the Revised Code.
(D)
"Bulk amount" of a controlled substance means any of the
following:
(1)
For any compound, mixture, preparation, or substance included in
schedule I, schedule II, or schedule III, with the exception of any
controlled substance analog, marihuana, cocaine, L.S.D., heroin, any
fentanyl-related compound, and hashish and except as provided in
division (D)(2), (5), or (6) of this section, whichever of the
following is applicable:
(a)
An amount equal to or exceeding ten grams or twenty-five unit doses
of a compound, mixture, preparation, or substance that is or contains
any amount of a schedule I opiate or opium derivative;
(b)
An amount equal to or exceeding ten grams of a compound, mixture,
preparation, or substance that is or contains any amount of raw or
gum opium;
(c)
An amount equal to or exceeding thirty grams or ten unit doses of a
compound, mixture, preparation, or substance that is or contains any
amount of a schedule I hallucinogen other than tetrahydrocannabinol
or lysergic acid amide, or a schedule I stimulant or depressant;
(d)
An amount equal to or exceeding twenty grams or five times the
maximum daily dose in the usual dose range specified in a standard
pharmaceutical reference manual of a compound, mixture, preparation,
or substance that is or contains any amount of a schedule II opiate
or opium derivative;
(e)
An amount equal to or exceeding five grams or ten unit doses of a
compound, mixture, preparation, or substance that is or contains any
amount of phencyclidine;
(f)
An amount equal to or exceeding one hundred twenty grams or thirty
times the maximum daily dose in the usual dose range specified in a
standard pharmaceutical reference manual of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule II stimulant that is in a final dosage form manufactured by
a person authorized by the "Federal Food, Drug, and Cosmetic
Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and the
federal drug abuse control laws, as defined in section 3719.01 of the
Revised Code, that is or contains any amount of a schedule II
depressant substance or a schedule II hallucinogenic substance;
(g)
An amount equal to or exceeding three grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule II stimulant, or any of its salts or isomers, that is not in
a final dosage form manufactured by a person authorized by the
Federal Food, Drug, and Cosmetic Act and the federal drug abuse
control laws.
(2)
An amount equal to or exceeding one hundred twenty grams or thirty
times the maximum daily dose in the usual dose range specified in a
standard pharmaceutical reference manual of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule III or IV substance other than an anabolic steroid or a
schedule III opiate or opium derivative;
(3)
An amount equal to or exceeding twenty grams or five times the
maximum daily dose in the usual dose range specified in a standard
pharmaceutical reference manual of a compound, mixture, preparation,
or substance that is or contains any amount of a schedule III opiate
or opium derivative;
(4)
An amount equal to or exceeding two hundred fifty milliliters or two
hundred fifty grams of a compound, mixture, preparation, or substance
that is or contains any amount of a schedule V substance;
(5)
An amount equal to or exceeding two hundred solid dosage units,
sixteen grams, or sixteen milliliters of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule III anabolic steroid;
(6)
For any compound, mixture, preparation, or substance that is a
combination of a fentanyl-related compound and any other compound,
mixture, preparation, or substance included in schedule III, schedule
IV, or schedule V, if the defendant is charged with a violation of
section 2925.11 of the Revised Code and the sentencing provisions set
forth in divisions (C)(10)(b) and (C)(11) of that section will not
apply regarding the defendant and the violation, the bulk amount of
the controlled substance for purposes of the violation is the amount
specified in division (D)(1), (2), (3), (4), or (5) of this section
for the other schedule III, IV, or V controlled substance that is
combined with the fentanyl-related compound.
(E)
"Unit dose" means an amount or unit of a compound, mixture,
or preparation containing a controlled substance that is separately
identifiable and in a form that indicates that it is the amount or
unit by which the controlled substance is separately administered to
or taken by an individual.
(F)
"Cultivate" includes planting, watering, fertilizing, or
tilling.
(G)
"Drug abuse offense" means any of the following:
(1)
A violation of division (A) of section 2913.02 that constitutes theft
of drugs, or a violation of section 2925.02, 2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.22,
2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or 2925.37 of the
Revised Code;
(2)
A violation of an existing or former law of this or any other state
or of the United States that is substantially equivalent to any
section listed in division (G)(1) of this section;
(3)
An offense under an existing or former law of this or any other
state, or of the United States, of which planting, cultivating,
harvesting, processing, making, manufacturing, producing, shipping,
transporting, delivering, acquiring, possessing, storing,
distributing, dispensing, selling, inducing another to use,
administering to another, using, or otherwise dealing with a
controlled substance is an element;
(4)
A conspiracy to commit, attempt to commit, or complicity in
committing or attempting to commit any offense under division (G)(1),
(2), or (3) of this section.
(H)
"Felony drug abuse offense" means any drug abuse offense
that would constitute a felony under the laws of this state, any
other state, or the United States.
(I)
"Harmful intoxicant" does not include beer or intoxicating
liquor but means any of the following:
(1)
Any compound, mixture, preparation, or substance the gas, fumes, or
vapor of which when inhaled can induce intoxication, excitement,
giddiness, irrational behavior, depression, stupefaction, paralysis,
unconsciousness, asphyxiation, or other harmful physiological
effects, and includes, but is not limited to, any of the following:
(a)
Any volatile organic solvent, plastic cement, model cement,
fingernail polish remover, lacquer thinner, cleaning fluid, gasoline,
or other preparation containing a volatile organic solvent;
(b)
Any aerosol propellant;
(c)
Any fluorocarbon refrigerant;
(d)
Any anesthetic gas.
(2)
Gamma Butyrolactone;
(3)
1,4 Butanediol.
(J)
"Manufacture" means to plant, cultivate, harvest, process,
make, prepare, or otherwise engage in any part of the production of a
drug, by propagation, extraction, chemical synthesis, or compounding,
or any combination of the same, and includes packaging, repackaging,
labeling, and other activities incident to production.
(K)
"Possess" or "possession" means having control
over a thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation of
the premises upon which the thing or substance is found.
(L)
"Sample drug" means a drug or pharmaceutical preparation
that would be hazardous to health or safety if used without the
supervision of a licensed health professional authorized to prescribe
drugs, or a drug of abuse, and that, at one time, had been placed in
a container plainly marked as a sample by a manufacturer.
(M)
"Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of references that
are approved by the state board of pharmacy.
(N)
"Juvenile" means a person under eighteen years of age.
(O)
"Counterfeit controlled substance" means any of the
following:
(1)
Any drug that bears, or whose container or label bears, a trademark,
trade name, or other identifying mark used without authorization of
the owner of rights to that trademark, trade name, or identifying
mark;
(2)
Any unmarked or unlabeled substance that is represented to be a
controlled substance manufactured, processed, packed, or distributed
by a person other than the person that manufactured, processed,
packed, or distributed it;
(3)
Any substance that is represented to be a controlled substance but is
not a controlled substance or is a different controlled substance;
(4)
Any substance other than a controlled substance that a reasonable
person would believe to be a controlled substance because of its
similarity in shape, size, and color, or its markings, labeling,
packaging, distribution, or the price for which it is sold or offered
for sale.
(P)
An offense is "committed in the vicinity of a school" if
the offender commits the offense on school premises, in a school
building, or within one thousand feet of the boundaries of any school
premises, regardless of whether the offender knows the offense is
being committed on school premises, in a school building, or within
one thousand feet of the boundaries of any school premises.
(Q)
"School" means any school operated by a board of education,
any community school established under Chapter 3314. of the Revised
Code, or any nonpublic school for which the director of education and
workforce prescribes minimum standards under section 3301.07 of the
Revised Code, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted at
the time a criminal offense is committed.
(R)
"School premises" means either of the following:
(1)
The parcel of real property on which any school is situated, whether
or not any instruction, extracurricular activities, or training
provided by the school is being conducted on the premises at the time
a criminal offense is committed;
(2)
Any other parcel of real property that is owned or leased by a board
of education of a school, the governing authority of a community
school established under Chapter 3314. of the Revised Code, or the
governing body of a nonpublic school for which the director of
education and workforce prescribes minimum standards under section
3301.07 of the Revised Code and on which some of the instruction,
extracurricular activities, or training of the school is conducted,
whether or not any instruction, extracurricular activities, or
training provided by the school is being conducted on the parcel of
real property at the time a criminal offense is committed.
(S)
"School building" means any building in which any of the
instruction, extracurricular activities, or training provided by a
school is conducted, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted in
the school building at the time a criminal offense is committed.
(T)
"Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and discipline
of the supreme court under the Rules for the Government of the Bar of
Ohio.
(U)
"Certified grievance committee" means a duly constituted
and organized committee of the Ohio state bar association or of one
or more local bar associations of the state of Ohio that complies
with the criteria set forth in Rule V, section 6 of the Rules for the
Government of the Bar of Ohio.
(V)
"Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (37) of this
section and that qualifies a person as a professionally licensed
person.
(W)
"Professionally licensed person" means any of the
following:
(1)
A person who has received a certificate or temporary certificate as a
certified public accountant or who has registered as a public
accountant under Chapter 4701. of the Revised Code and who holds an
Ohio permit issued under that chapter;
(2)
A person who holds a certificate of qualification to practice
architecture issued or renewed and registered under Chapter 4703. of
the Revised Code;
(3)
A person who is registered as a landscape architect under Chapter
4703. of the Revised Code or who holds a permit as a landscape
architect issued under that chapter;
(4)
A person licensed under Chapter 4707. of the Revised Code;
(5)
A person who has been issued a barber's license, barber instructor's
license, assistant barber instructor's license, or independent
contractor's license under Chapter 4709. of the Revised Code;
(6)
A person licensed and regulated to engage in the business of a debt
pooling company by a legislative authority, under authority of
Chapter 4710. of the Revised Code;
(7)
A person who has been issued a cosmetologist's license, hair
designer's license, manicurist's license, esthetician's license,
natural hair stylist's license, advanced license to practice
cosmetology, advanced license to practice hair design, advanced
license to practice manicuring, advanced license to practice
esthetics, advanced license to practice natural hair styling,
cosmetology instructor's license, hair design instructor's license,
manicurist instructor's license, esthetics instructor's license,
natural hair style instructor's license, independent contractor's
license, or tanning facility permit under Chapter 4713. of the
Revised Code;
(8)
A person who has been issued a license to practice dentistry, a
general anesthesia permit, a conscious sedation permit, a limited
resident's license, a limited teaching license, a dental hygienist's
license, or a dental hygienist's teacher's certificate under Chapter
4715. of the Revised Code;
(9)
A person who has been issued an embalmer's license, a funeral
director's license, a funeral home license, or a crematory
or
reduction facility operator
license,
or who has been registered for an embalmer's or funeral director's
apprenticeship under Chapter 4717. of the Revised Code;
(10)
A person who has been licensed as a registered nurse or practical
nurse, or who has been issued a certificate for the practice of
nurse-midwifery under Chapter 4723. of the Revised Code;
(11)
A person who has been licensed to practice optometry or to engage in
optical dispensing under Chapter 4725. of the Revised Code;
(12)
A person licensed to act as a pawnbroker under Chapter 4727. of the
Revised Code;
(13)
A person licensed to act as a precious metals dealer under Chapter
4728. of the Revised Code;
(14)
A person licensed under Chapter 4729. of the Revised Code as a
pharmacist or pharmacy intern or registered under that chapter as a
registered pharmacy technician, certified pharmacy technician, or
pharmacy technician trainee;
(15)
A person licensed under Chapter 4729. of the Revised Code as a
manufacturer of dangerous drugs, outsourcing facility, third-party
logistics provider, repackager of dangerous drugs, wholesale
distributor of dangerous drugs, or terminal distributor of dangerous
drugs;
(16)
A person who is authorized to practice as a physician assistant under
Chapter 4730. of the Revised Code;
(17)
A person who has been issued a license to practice medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine and
surgery under Chapter 4731. of the Revised Code or has been issued a
certificate to practice a limited branch of medicine under that
chapter;
(18)
A person licensed as a psychologist, independent school psychologist,
or school psychologist under Chapter 4732. of the Revised Code;
(19)
A person registered to practice the profession of engineering or
surveying under Chapter 4733. of the Revised Code;
(20)
A person who has been issued a license to practice chiropractic under
Chapter 4734. of the Revised Code;
(21)
A person licensed to act as a real estate broker or real estate
salesperson under Chapter 4735. of the Revised Code;
(22)
A person registered as a registered environmental health specialist
under Chapter 3776. of the Revised Code;
(23)
A person licensed to operate or maintain a junkyard under Chapter
4737. of the Revised Code;
(24)
A person who has been issued a motor vehicle salvage dealer's license
under Chapter 4738. of the Revised Code;
(25)
A person who has been licensed to act as a steam engineer under
Chapter 4739. of the Revised Code;
(26)
A person who has been issued a license or temporary permit to
practice veterinary medicine or any of its branches, or who is
registered as a graduate animal technician under Chapter 4741. of the
Revised Code;
(27)
A person who has been issued a hearing aid dealer's or fitter's
license or trainee permit under Chapter 4747. of the Revised Code;
(28)
A person who has been issued a class A, class B, or class C license
or who has been registered as an investigator or security guard
employee under Chapter 4749. of the Revised Code;
(29)
A person licensed to practice as a nursing home administrator under
Chapter 4751. of the Revised Code;
(30)
A person licensed to practice as a speech-language pathologist or
audiologist under Chapter 4753. of the Revised Code;
(31)
A person issued a license as an occupational therapist or physical
therapist under Chapter 4755. of the Revised Code;
(32)
A person who is licensed as a licensed professional clinical
counselor, licensed professional counselor, social worker,
independent social worker, independent marriage and family therapist,
or marriage and family therapist, or registered as a social work
assistant under Chapter 4757. of the Revised Code;
(33)
A person issued a license to practice dietetics under Chapter 4759.
of the Revised Code;
(34)
A person who has been issued a license or limited permit to practice
respiratory therapy under Chapter 4761. of the Revised Code;
(35)
A person who has been issued a real estate appraiser certificate
under Chapter 4763. of the Revised Code;
(36)
A person who has been issued a home inspector license under Chapter
4764. of the Revised Code;
(37)
A person who has been admitted to the bar by order of the supreme
court in compliance with its prescribed and published rules;
(38)
A person who has been issued a license to practice as a certified
mental health assistant under Chapter 4772. of the Revised Code.
(X)
"Cocaine" means any of the following:
(1)
A cocaine salt, isomer, or derivative, a salt of a cocaine isomer or
derivative, or the base form of cocaine;
(2)
Coca leaves or a salt, compound, derivative, or preparation of coca
leaves, including ecgonine, a salt, isomer, or derivative of
ecgonine, or a salt of an isomer or derivative of ecgonine;
(3)
A salt, compound, derivative, or preparation of a substance
identified in division (X)(1) or (2) of this section that is
chemically equivalent to or identical with any of those substances,
except that the substances shall not include decocainized coca leaves
or extraction of coca leaves if the extractions do not contain
cocaine or ecgonine.
(Y)
"L.S.D." means lysergic acid diethylamide.
(Z)
"Hashish" means a resin or a preparation of a resin to
which both of the following apply:
(1)
It is contained in or derived from any part of the plant of the genus
cannabis, whether in solid form or in a liquid concentrate, liquid
extract, or liquid distillate form.
(2)
It has a delta-9 tetrahydrocannabinol concentration of more than
three-tenths per cent.
"Hashish"
does not include a hemp byproduct in the possession of a licensed
hemp processor under Chapter 928. of the Revised Code, provided that
the hemp byproduct is being produced, stored, and disposed of in
accordance with rules adopted under section 928.03 of the Revised
Code.
(AA)
"Marihuana" has the same meaning as in section 3719.01 of
the Revised Code, except that it does not include hashish.
(BB)
An offense is "committed in the vicinity of a juvenile" if
the offender commits the offense within one hundred feet of a
juvenile or within the view of a juvenile, regardless of whether the
offender knows the age of the juvenile, whether the offender knows
the offense is being committed within one hundred feet of or within
view of the juvenile, or whether the juvenile actually views the
commission of the offense.
(CC)
"Presumption for a prison term" or "presumption that a
prison term shall be imposed" means a presumption, as described
in division (D) of section 2929.13 of the Revised Code, that a prison
term is a necessary sanction for a felony in order to comply with the
purposes and principles of sentencing under section 2929.11 of the
Revised Code.
(DD)
"Major drug offender" has the same meaning as in section
2929.01 of the Revised Code.
(EE)
"Minor drug possession offense" means either of the
following:
(1)
A violation of section 2925.11 of the Revised Code as it existed
prior to July 1, 1996;
(2)
A violation of section 2925.11 of the Revised Code as it exists on
and after July 1, 1996, that is a misdemeanor or a felony of the
fifth degree.
(FF)
"Mandatory prison term" has the same meaning as in section
2929.01 of the Revised Code.
(GG)
"Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.
(HH)
"Public premises" means any hotel, restaurant, tavern,
store, arena, hall, or other place of public accommodation, business,
amusement, or resort.
(II)
"Methamphetamine" means methamphetamine, any salt, isomer,
or salt of an isomer of methamphetamine, or any compound, mixture,
preparation, or substance containing methamphetamine or any salt,
isomer, or salt of an isomer of methamphetamine.
(JJ)
"Deception" has the same meaning as in section 2913.01 of
the Revised Code.
(KK)
"Fentanyl-related compound" means any of the following:
(1)
Fentanyl;
(2)
Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-
piperidyl]propionanilide;
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(3)
Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide);
(4)
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]
-N-phenylpropanamide);
(5)
Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-
phenethyl)-3-methyl-4-piperidinyl]-N- phenylpropanamide);
(6)
3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-
phenylpropanamide);
(7)
3-methylthiofentanyl (N-[3-methyl-1-[2-(thienyl)ethyl]-4-
piperidinyl]-N-phenylpropanamide);
(8)
Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-
piperidinyl]propanamide;
(9)
Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-
propanamide;
(10)
Alfentanil;
(11)
Carfentanil;
(12)
Remifentanil;
(13)
Sufentanil;
(14)
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
piperidinyl]-N-phenylacetamide); and
(15)
Any compound that meets all of the following fentanyl pharmacophore
requirements to bind at the mu receptor, as identified by a report
from an established forensic laboratory, including acetylfentanyl,
furanylfentanyl, valerylfentanyl, butyrylfentanyl,
isobutyrylfentanyl, 4-methoxybutyrylfentanyl,
para-fluorobutyrylfentanyl, acrylfentanyl, and ortho-fluorofentanyl:
(a)
A chemical scaffold consisting of both of the following:
(i)
A five, six, or seven member ring structure containing a nitrogen,
whether or not further substituted;
(ii)
An attached nitrogen to the ring, whether or not that nitrogen is
enclosed in a ring structure, including an attached aromatic ring or
other lipophilic group to that nitrogen.
(b)
A polar functional group attached to the chemical scaffold, including
but not limited to a hydroxyl, ketone, amide, or ester;
(c)
An alkyl or aryl substitution off the ring nitrogen of the chemical
scaffold; and
(d)
The compound has not been approved for medical use by the United
States food and drug administration.
(LL)
"First degree felony mandatory prison term" means one of
the definite prison terms prescribed in division (A)(1)(b) of section
2929.14 of the Revised Code for a felony of the first degree, except
that if the violation for which sentence is being imposed is
committed on or after March 22, 2019, it means one of the minimum
prison terms prescribed in division (A)(1)(a) of that section for a
felony of the first degree.
(MM)
"Second degree felony mandatory prison term" means one of
the definite prison terms prescribed in division (A)(2)(b) of section
2929.14 of the Revised Code for a felony of the second degree, except
that if the violation for which sentence is being imposed is
committed on or after March 22, 2019, it means one of the minimum
prison terms prescribed in division (A)(2)(a) of that section for a
felony of the second degree.
(NN)
"Maximum first degree felony mandatory prison term" means
the maximum definite prison term prescribed in division (A)(1)(b) of
section 2929.14 of the Revised Code for a felony of the first degree,
except that if the violation for which sentence is being imposed is
committed on or after March 22, 2019, it means the longest minimum
prison term prescribed in division (A)(1)(a) of that section for a
felony of the first degree.
(OO)
"Maximum second degree felony mandatory prison term" means
the maximum definite prison term prescribed in division (A)(2)(b) of
section 2929.14 of the Revised Code for a felony of the second
degree, except that if the violation for which sentence is being
imposed is committed on or after March 22, 2019, it means the longest
minimum prison term prescribed in division (A)(2)(a) of that section
for a felony of the second degree.
(PP)
"Delta-9 tetrahydrocannabinol" has the same meaning as in
section 928.01 of the Revised Code.
(QQ)
An offense is "committed in the vicinity of a substance
addiction services provider or a recovering addict" if either of
the following apply:
(1)
The offender commits the offense on the premises of a substance
addiction services provider's facility, including a facility licensed
prior to June 29, 2019, under section 5119.391 of the Revised Code to
provide methadone treatment or an opioid treatment program licensed
on or after that date under section 5119.37 of the Revised Code, or
within five hundred feet of the premises of a substance addiction
services provider's facility and the offender knows or should know
that the offense is being committed within the vicinity of the
substance addiction services provider's facility.
(2)
The offender sells, offers to sell, delivers, or distributes the
controlled substance or controlled substance analog to a person who
is receiving treatment at the time of the commission of the offense,
or received treatment within thirty days prior to the commission of
the offense, from a substance addiction services provider and the
offender knows that the person is receiving or received that
treatment.
(RR)
"Substance addiction services provider" means an agency,
association, corporation or other legal entity, individual, or
program that provides one or more of the following at a facility:
(1)
Either alcohol addiction services, or drug addiction services, or
both such services that are certified by the director of mental
health and addiction services under section 5119.36 of the Revised
Code;
(2)
Recovery supports that are related to either alcohol addiction
services, or drug addiction services, or both such services and paid
for with federal, state, or local funds administered by the
department of mental health and addiction services or a board of
alcohol, drug addiction, and mental health services.
(SS)
"Premises of a substance addiction services provider's facility"
means the parcel of real property on which any substance addiction
service provider's facility is situated.
(TT)
"Alcohol and drug addiction services" has the same meaning
as in section 5119.01 of the Revised Code.
Sec.
3705.01.
As
used in this chapter:
(A)
"Live birth" means the complete expulsion or extraction
from its mother of a product of human conception that after such
expulsion or extraction breathes or shows any other evidence of life
such as beating of the heart, pulsation of the umbilical cord, or
definite movement of voluntary muscles, whether or not the umbilical
cord has been cut or the placenta is attached.
(B)(1)
"Fetal death" means death prior to the complete expulsion
or extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy, which after such expulsion
or extraction does not breathe or show any other evidence of life
such as beating of the heart, pulsation of the umbilical cord, or
definite movement of voluntary muscles.
(2)
"Stillborn" means that an infant of at least twenty weeks
of gestation suffered a fetal death.
(C)
"Dead body" means a human body or part of a human body from
the condition of which it reasonably may be concluded that death
recently occurred.
(D)
"Physician" means a person licensed pursuant to Chapter
4731. of the Revised Code to practice medicine or surgery or
osteopathic medicine and surgery.
(E)
"Attending physician" means the physician in charge of the
patient's care for the illness or condition that resulted in death.
(F)
"Institution" means any establishment, public or private,
that provides medical, surgical, or diagnostic care or treatment, or
domiciliary care, to two or more unrelated individuals, or to persons
committed by law.
(G)
"Funeral director" has the meaning given in section 4717.01
of the Revised Code.
(H)
"State registrar" means the head of the office of vital
statistics in the department of health.
(I)
"Medical certification" means completion of the medical
certification portion of the certificate of death or fetal death as
to the cause of death or fetal death.
(J)
"Final disposition" means the interment, cremation,
reduction,
removal from the state, donation, or other authorized disposition of
a dead body or a fetal death.
(K)
"Interment" means the final disposition of the remains of a
dead body by burial or entombment.
(L)
"Cremation" means the reduction to ashes of a dead body.
(M)
"Donation" means gift of a dead body to a research
institution or medical school.
(N)
"System of vital statistics" means the registration,
collection, preservation, amendment, and certification of vital
records, the collection of other reports required by this chapter,
and activities related thereto.
(O)
"Vital records" means certificates or reports of birth,
death, fetal death, marriage, divorce, dissolution of marriage,
annulment, and data related thereto and other documents maintained as
required by statute.
(P)
"File" means the presentation of vital records for
registration by the office of vital statistics.
(Q)
"Registration" means the acceptance by the office of vital
statistics and the incorporation of vital records into its official
records.
(R)
"Birth record" means a birth certificate that has been
registered with the office of vital statistics; or, if registered
prior to March 16, 1989, with the division of vital statistics; or,
if registered prior to the establishment of the division of vital
statistics, with the department of health or a local registrar.
(S)
"Certification of birth" means a document issued by the
director of health or state registrar or a local registrar under
division (B) of section 3705.23 of the Revised Code.
(T)
"Certified nurse-midwife" has the same meaning as in
section 4723.01 of the Revised Code.
(U)
"Reduction" has the same meaning as in section 4717.01 of
the Revised Code.
Sec.
3705.17.
The
body of a person whose death occurs in this state shall not be
interred, deposited in a vault or tomb, cremated,
reduced,
or
otherwise disposed of by a funeral director until a burial permit is
issued by a local registrar or sub-registrar of vital statistics. No
such permit shall be issued by a local registrar or sub-registrar
until a satisfactory death, fetal death, or provisional death
certificate is filed with the local registrar or sub-registrar. When
the medical certification as to the cause of death cannot be provided
by the attending physician or coroner prior to burial, for sufficient
cause, as determined by rule of the director of health, the funeral
director may file a provisional death certificate with the local
registrar or sub-registrar for the purpose of securing a burial or
burial-transit permit. When the funeral director files a provisional
death certificate to secure a burial or burial-transit permit, the
funeral director shall file a satisfactory and complete death
certificate within five days after the date of death. The director of
health, by rule, may provide additional time for filing a
satisfactory death certificate. A burial permit authorizing cremation
or reduction
shall not be issued upon the filing of a provisional certificate of
death.
When
a funeral director or other person obtains a burial permit from a
local registrar or sub-registrar, the registrar or sub-registrar
shall charge a fee of three dollars for the issuance of the burial
permit. Two dollars and fifty cents of each fee collected for a
burial permit shall be paid into the state treasury to the credit of
the cemetery registration fund created under section 4767.03 of the
Revised Code to be used by the division of real estate and
professional licensing in the department of commerce in discharging
its duties prescribed in Chapter 4767. of the Revised Code and the
Ohio cemetery dispute resolution commission created by section
4767.05 of the Revised Code. A local registrar or sub-registrar shall
transmit payments of that portion of the amount of each fee collected
under this section to the treasurer of state on a quarterly basis or
more frequently, if possible. The director of health, by rule, shall
provide for the issuance of a burial permit without the payment of
the fee required by this section if the total cost of the burial will
be paid by an agency or instrumentality of the United States, the
state or a state agency, or a political subdivision of the state.
The
director of commerce may by rule adopted in accordance with Chapter
119. of the Revised Code reduce the total amount of the fee required
by this section and that portion of the amount of the fee required to
be paid to the credit of the division of real estate and professional
licensing for the use of the division and the Ohio cemetery dispute
resolution commission, if the director determines that the total
amount of funds the fee is generating at the amount required by this
section exceeds the amount of funds the division of real estate and
professional licensing and the commission need to carry out their
powers and duties prescribed in Chapter 4767. of the Revised Code.
No
person in charge of any premises in which interments
or
,
cremations
,
or reductions
are made shall inter
or
,
cremate
,
reduce,
or
otherwise dispose of a body, unless it is accompanied by a burial
permit. Each person in charge of a cemetery, crematory,
reduction
facility,
or
other place of disposal shall indorse upon a burial permit the date
of interment, cremation,
reduction,
or
other disposal and shall retain such permits for a period of at least
five years. The person in charge shall keep an accurate record of all
interments, cremations,
reductions,
or
other disposal of dead bodies, made in the premises under the
person's charge, stating the name of the deceased person, place of
death, date of burial, cremation,
reduction,
or
other disposal, and name and address of the funeral director. Such
record shall at all times be open to public inspection.
Sec.
3705.18.
When
a death occurs outside the state and the body is transported into
this state for burial or other disposition, the body must be
accompanied by an authorization for final disposition issued in
accordance with the laws and health regulations of the place where
death occurred. The authorization that accompanied the body shall be
accepted as authorization for burial, cremation,
reduction,
or other disposal in Ohio. The person in charge of place of burial
shall endorse and forward the authorization for final disposition
that accompanied the body to the local registrar of vital statistics
of the registration district in which burial was made.
Sec.
3705.19.
(A)
If the deceased served in the armed forces of the United States, the
death certificate shall include a statement of the branch of service
in which
he
the
deceased
served, the date of entry into service, the date and type of
discharge from such service, and information to show
the
all
of the following:
(1)
The
name
and location of the place where the deceased was buried
or
,
cremated,
or
reduced;
(2)
The
date
of burial
or
,
cremation,
and
the
or
reduction;
(3)
The
location,
lot, and grave number of the deceased's burial.
(B)
Whenever the remains of a deceased person are transported into this
state for burial or other disposition, the funeral director having
responsibility for disposition of the remains shall ascertain from
the best qualified persons or sources available whether or not the
deceased was a member of the armed forces of the United States. If
the
funeral
director finds the deceased was a member,
he
the funeral director
shall also obtain from such persons or sources and shall transcribe
on a form prescribed by the director of health, the deceased's branch
of service, date of entry into service, date and type of separation
or discharge from service, date of birth, state of birth, date of
death, date of burial, the name and location of the cemetery, and the
lot and grave number where the deceased is buried. The funeral
director shall sign the completed form and submit it to the local
registrar of vital statistics. If the
funeral
director is unable to ascertain whether or not the deceased was a
member of the armed forces of the United States or ascertains that
the deceased was not a member,
he
the funeral director
shall enter such information on the form.
If
no funeral director is responsible for the disposition of the remains
of the deceased, the person in charge of the disposition, except a
sexton or other person who is customarily in charge only of the
premises where burials
or
,
cremations
,
or reductions
take place, shall perform the duties required by this division.
(C)
At intervals not to exceed three months, the department of health
shall forward to the adjutant general a summary of information
concerning deceased members and former members of the armed forces of
the United States, including those who died outside this state, but
whose remains were buried or received for other final disposition in
this state. The summary shall state the name, date of birth, state of
birth, date of death, date of entry into service, date and type of
separation or discharge from service, branch of service, date of
burial, place of burial, and location of grave. At the same time the
department forwards this summary to the adjutant general, it shall
forward to each county recorder that portion of the summary that
relates to burials made, and grave locations situated, within the
county. After the summary is sent to the adjutant general, the forms
specified in division (B) of this section may be disposed of.
Sec.
3705.20.
(A)
The fetal death of the product of human conception of at least twenty
weeks of gestation shall be registered on a fetal death certificate.
On
application of the funeral director or either parent, the fetal death
of the product of human conception prior to twenty weeks of gestation
shall be registered on a fetal death certificate, except that the
fetal death certificate shall not list the cause of death.
The
funeral director or the parent shall include with the application a
copy of the statement required by division (B)(1) of section 3727.16
or division (B)(1) of section 4731.82 of the Revised Code. If the
father submits the application, he shall also include with it a
signed and notarized document from the mother attesting that she
voluntarily provided the father with a copy of the statement.
A
fetal death certificate for the product of human conception prior to
twenty weeks gestation is not proof of a live birth for purposes of
federal, state, and local taxes.
(B)
The product of human conception of at least twenty weeks of gestation
that suffers a fetal death occurring in Ohio shall not be interred,
deposited in a vault or tomb, cremated,
reduced,
or otherwise disposed of by a funeral director or other person until
a fetal death certificate or provisional death certificate has been
filed with and a burial permit is issued by the local registrar of
vital statistics of the registration district in which the fetal
death occurs, or the body is found.
A
burial permit for the product of human conception that suffers a
fetal death prior to twenty weeks of gestation shall be issued by the
local registrar of vital statistics of the registration district in
which the fetal death occurs if the funeral director or either parent
files a fetal death certificate with that registrar.
(C)(1)
The department of health and the local registrar shall keep a
separate record and index record of fetal death certificates.
(2)
The personal or statistical information on the fetal death
certificate shall be obtained by the funeral director or other person
in charge of interment
or
,
cremation
,
or reduction
from the best qualified persons or sources available.
(D)
When a burial permit is issued under division (B) of this section for
the product of human conception of at least twenty weeks of gestation
that suffers a fetal death, the local registrar shall inform the
parent or parents listed on the fetal death certificate or
provisional death certificate of the option of applying for a
certificate that is issued under division (B)(3) of section 3705.23
of the Revised Code.
Sec.
4511.451.
(A)
As used in this section, "funeral procession" means two or
more vehicles accompanying the cremated
or reduced
remains or the body of a deceased person in the daytime when each of
the vehicles has its headlights lighted and is displaying a purple
and white or an orange and white pennant attached to each vehicle in
such a manner as to be clearly visible to traffic approaching from
any direction.
(B)
Excepting public safety vehicles proceeding in accordance with
section 4511.45 of the Revised Code or when directed otherwise by a
police officer, pedestrians and the operators of all vehicles, street
cars, and trackless trolleys shall yield the right of way to each
vehicle that is a part of a funeral procession. Whenever the lead
vehicle in a funeral procession lawfully enters an intersection, the
remainder of the vehicles in the procession may continue to follow
the lead vehicle through the intersection notwithstanding any traffic
control devices or right of way provisions of the Revised Code,
provided that the operator of each vehicle exercises due care to
avoid colliding with any other vehicle or pedestrian.
(C)
No person shall operate any vehicle as a part of a funeral procession
without having the headlights of the vehicle lighted and without
displaying a purple and white or an orange and white pennant in such
a manner as to be clearly visible to traffic approaching from any
direction.
(D)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Sec.
4717.01.
As
used in this chapter:
(A)
"Embalming" means the process of chemically treating the
dead human body by any of the following to reduce the presence and
growth of microorganisms, to temporarily slow organic decomposition,
and to restore acceptable physical appearance:
(1)
Arterial injection;
(2)
Cavity treatment;
(3)
Hypodermic tissue injection.
(B)
"Funeral business" means a sole proprietorship,
partnership, corporation, limited liability company, or other
business entity that is engaged in funeral directing for profit or
for free from one or more funeral homes licensed under this chapter.
(C)
"Funeral directing" means the business or profession of
directing or supervising funerals for profit from one or more funeral
homes licensed under this chapter, the arrangement or sale of funeral
services, the filling out or execution of a funeral service contract,
the business or profession of preparing dead human bodies for burial
by means other than embalming, the disposition of dead human bodies,
the provision or maintenance of a place for the preparation, the
care, or disposition of dead human bodies, the use in connection with
a business of the term "funeral director," "undertaker,"
"mortician," or any other term from which can be implied
the business of funeral directing, or the holding out to the public
that one is a funeral director or a disposer of dead human bodies.
(D)
"Funeral home" means a fixed place for the care,
preparation for burial, or disposition of dead human bodies or the
conducting of funerals. Each business location is a funeral home,
regardless of common ownership or management.
(E)
"Embalmer" means a person who engages, in whole or in part,
in embalming and who is licensed under this chapter.
(F)
"Funeral director" means a person who engages, in whole or
in part, in funeral directing and who is licensed under this chapter.
(G)
"Final disposition" has the same meaning as in division (J)
of section 3705.01 of the Revised Code.
(H)
"Supervision" means the operation of all phases of the
business of funeral directing or embalming under the specific
direction of a licensed funeral director or licensed embalmer.
(I)
"Direct supervision" means the physical presence of a
licensed funeral director or licensed embalmer while the specific
functions of the funeral or embalming are being carried out.
(J)
"Embalming facility" means a fixed location, separate from
the funeral home, that is licensed under this chapter whose only
function is the embalming and preparation of dead human bodies.
(K)
"Crematory facility" means the physical location at which a
cremation chamber is located and the cremation process takes place.
"Crematory facility" does not include an infectious waste
incineration facility for which a license is held under division (B)
of section 3734.05 of the Revised Code, or a solid waste incineration
facility for which a license is held under division (A) of that
section that includes a notation pursuant to division (B)(3) of that
section authorizing the facility to also treat infectious wastes, in
connection with the incineration of body parts other than dead human
bodies that were donated to science for purposes of medical education
or research.
(L)
"Crematory" means the building or portion of a building
that houses the holding facility and the cremation chamber.
(M)
"Cremation" means the technical process of using heat and
flame to reduce human or animal remains to bone fragments or ashes or
any combination thereof. "Cremation" includes processing
and may include the pulverization of bone fragments.
(N)
"Cremation chamber" means the enclosed space within which
cremation takes place.
(O)
"Cremated remains" means all human or animal remains
recovered after the completion of the cremation process, which may
include the residue of any foreign matter such as casket material,
dental work, or eyeglasses that were cremated with the human or
animal remains.
(P)
"Lapsed license" means a license issued under this chapter
that has become invalid because of the failure of the licensee to
renew the license within the time limits prescribed under this
chapter.
(Q)
"Crematory operator" means the person who engages, in whole
or in part, in cremation from one or more crematories licensed under
this chapter and who has been issued a crematory operator permit
under this chapter.
(R)
"Processing" means the reduction of identifiable bone
fragments to unidentifiable bone fragments through manual or
mechanical means after the completion of the cremation
or natural organic reduction
process.
(S)
"Pulverization" means the reduction of identifiable bone
fragments to granulated particles by manual or mechanical means after
the completion of the cremation
or natural organic reduction
process.
(T)
"Preneed funeral contract" means a written agreement,
contract, or series of contracts to sell or otherwise provide any
funeral services, funeral goods, or any combination thereof to be
used in connection with the funeral or final disposition of a dead
human body, where payment for the goods or services is made either
outright or on an installment basis, prior to the death of the person
purchasing the goods or services or for whom the goods or services
are purchased. "Preneed funeral contract" does not include
any preneed cemetery merchandise and services contract or any
agreement, contract, or series of contracts pertaining to the sale of
any burial lot, burial or interment right, entombment right, or
columbarium right with respect to which an endowment care fund is
established or is exempt from establishment pursuant to section
1721.21 of the Revised Code.
For
the purposes of division (T) of this section, "funeral goods"
includes caskets.
(U)
"Purchaser" means the individual who has purchased and
financed a preneed funeral contract, and who may or may not be the
contract beneficiary.
(V)
"Contract beneficiary" means the individual for whom
funeral goods and funeral services are provided pursuant to a preneed
funeral contract.
(W)
"Seller" means any person that enters into a preneed
funeral contract with a purchaser for the provision of funeral goods,
funeral services, or both.
(X)
"Felony" means a criminal act classified as a felony by
this state, any other state, or federal law.
(Y)
"Natural organic reduction" and "reduction" mean
the technical process of converting human or animal remains into soil
in a reduction chamber using the natural decomposition process
accelerated by adding natural or organic materials. "Natural
organic reduction" and "reduction" include the
processing and pulverization of bone fragments.
(Z)
"Reduction facility" means the physical location at which a
reduction chamber is located and the natural organic reduction
process takes place.
(AA)
"Reduction chamber" means the enclosed space within which
individual human or animal remains are reduced and any other
attached, unenclosed, mechanical components that are necessary for
the safe and proper functioning of the equipment.
(BB)
"Reduced remains" means human or animal remains that have
been converted to soil through natural organic reduction, which may
include the residue of any foreign matter that was reduced with such
remains.
(CC)
"Reduction facility operator" means a person who engages,
in whole or in part, in natural organic reduction at one or more
reduction facilities licensed under this chapter and who has been
issued a reduction operator permit under this chapter.
Sec.
4717.03.
(A)
Members of the board of embalmers and funeral directors shall
annually in July, or within thirty days after the senate's
confirmation of the new members appointed in that year, meet and
organize by selecting from among its members a president,
vice-president, and secretary-treasurer. The board may hold other
meetings as it determines necessary. A quorum of the board consists
of four members, of whom at least three shall be members who are
funeral directors. The concurrence of at least four members is
necessary for the board to take any action. The president and
secretary-treasurer shall sign all licenses issued under this chapter
and affix the board's seal to each license.
(B)
The board may appoint an individual who is not a member of the board
to serve as executive director of the board. The executive director
serves at the pleasure of the board and shall do all of the
following:
(1)
Serve as the board's chief administrative officer;
(2)
Act as custodian of the board's records;
(3)
Execute all of the board's orders;
(4)
Employ staff who are not members of the board and who serve at the
pleasure of the executive director to provide any assistance that the
board considers necessary.
(C)
In executing the board's orders as required by division (B)(3) of
this section, the executive director may enter the premises,
establishment, office, or place of business of any embalmer, funeral
director,
or
crematory
operator
,
or reduction facility operator
in this state. The executive director may serve and execute any
process issued by any court under this chapter.
(D)
The executive director may employ necessary inspectors, who shall be
licensed embalmers and funeral directors. An inspector employed by
the executive director may enter the premises, establishment, office,
or place of business of any embalmer, funeral director,
or
crematory
operator,
or
reduction
facility operator, or any
embalming
facility, funeral home,
or
crematory
facility
,
or reduction facility
in this state, for the purposes of inspecting the facility and
premises; the license, permit, and certification of embalmers,
funeral directors,
and
crematory
operators
,
and reduction facility operators
operating in the facility; and the license of the funeral home,
embalming facility,
or
crematory
facility
and
,
or reduction facility. An inspector shall also
perform
any other duties delegated
to
the inspector
by
the board or assigned
to
the inspector
by
the executive director. The executive director may enter the facility
or premises of a funeral home, embalming facility,
or
crematory
facility, or reduction facility
for the purpose of an inspection if accompanied by an inspector or,
if an inspector is not available, when a situation presents a danger
of immediate and serious harm to the public.
(E)
The president of the board shall designate three of the board's
members to serve on the crematory
and reduction facility
review board, which is hereby created, for such time as the president
finds appropriate to carry out the provisions of this chapter. Those
members of the crematory
and reduction facility
review board designated by the president to serve and three members
designated by the cemetery dispute resolution commission shall
designate, by a majority vote, one person who holds a crematory
operator permit
,
or
reduction
facility operator permit,
who
is experienced in the operation of a crematory
or reduction
facility, and who is not affiliated with a cemetery or a funeral home
to serve on the crematory
and reduction facility
review board for such time as the crematory
and reduction facility
review board finds appropriate. Members serving on the crematory
and reduction facility
review board shall not receive any additional compensation for
serving on the board, but may be reimbursed for their actual and
necessary expenses incurred in the performance of official duties as
members of the board. Members of the crematory
and reduction facility
review board shall designate one from among its members to serve as a
chairperson for such time as the board finds appropriate. Costs
associated with conducting an adjudicatory hearing in accordance with
division (F) of this section shall be paid from funds available to
the board of embalmers and funeral directors.
(F)
Upon receiving written notice from the board of embalmers and funeral
directors of any of the following, the crematory
and reduction facility
review board shall conduct an adjudicatory hearing on the matter in
accordance with Chapter 119. of the Revised Code, except as otherwise
provided in this section or division (C) of section 4717.14 of the
Revised Code:
(1)
Notice provided under division (I) of this section of an alleged
violation of any provision of this chapter or any rules adopted under
this chapter governing or in connection with crematory
or reduction facility
operators, crematory
or reduction
facilities, or cremation
or natural organic reduction
;
(2)
Notice provided under division (B) of section 4717.14 of the Revised
Code that the board of embalmers and funeral directors proposes to
refuse to grant or renew, or to suspend or revoke, a license to
operate a crematory
or reduction
facility;
(3)
Notice provided under division (C) of section 4717.14 of the Revised
Code that the board of embalmers and funeral directors has issued an
order summarily suspending a crematory operator permit or a license
to operate a crematory
or reduction
facility;
(4)
Notice provided under division (B) of section 4717.15 of the Revised
Code that the board of embalmers and funeral directors proposes to
issue a notice of violation and order requiring payment of a
forfeiture for any violation described in divisions (A)(9)(a) to (g)
of section 4717.04 of the Revised Code alleged in connection with a
crematory operator,
reduction
facility operator,
crematory
facility,
or
reduction
facility,
cremation
,
or natural organic reduction
.
Nothing
in division (F) of this section precludes the crematory
and reduction facility
review board from appointing an independent examiner in accordance
with section 119.09 of the Revised Code to conduct any adjudication
hearing required under division (F) of this section.
The
crematory
and reduction facility
review board shall submit a written report of findings and advisory
recommendations, and a written transcript of its proceedings, to the
board of embalmers and funeral directors. The board of embalmers and
funeral directors shall serve a copy of the written report of the
crematory
and reduction facility
review board's findings and advisory recommendations on the party to
the adjudication or the party's attorney, by certified mail, within
five days after receiving the report and advisory recommendations. A
party may file objections to the written report with the board of
embalmers and funeral directors within ten days after receiving the
report. No written report is final or appealable until it is issued
as a final order by the board of embalmers and funeral directors and
entered on the record of the proceedings. The board of embalmers and
funeral directors shall consider objections filed by the party prior
to issuing a final order. After reviewing the findings and advisory
recommendations of the crematory
and reduction facility
review board, the written transcript of the crematory
and reduction facility
review board's proceedings, and any objections filed by a party, the
board of embalmers and funeral directors shall issue a final order in
the matter. Any party may appeal the final order issued by the board
of embalmers and funeral directors in a matter described in divisions
(F)(1) to (4) of this section in accordance with section 119.12 of
the Revised Code, except that the appeal may be made to the court of
common pleas in the county in which is located the crematory
or reduction
facility to which the final order pertains, or in the county in which
the party resides.
(G)
On its own initiative or on receiving a written complaint from any
person whose identity is made known to the board of embalmers and
funeral directors, the board shall investigate the acts or practices
of any person holding or claiming to hold a license, permit, or
certification under this chapter that, if proven to have occurred,
would violate this chapter or any rules adopted under it. The board
may compel witnesses by subpoena to appear and testify in relation to
investigations conducted under this chapter and may require by
subpoena duces tecum the production of any book, paper, or document
pertaining to an investigation. If a person does not comply with a
subpoena or subpoena duces tecum, the board may apply to the court of
common pleas of any county in this state for an order compelling the
person to comply with the subpoena or subpoena duces tecum, or for
failure to do so, to be held in contempt of court.
(H)
If, as a result of its investigation conducted under division (G) of
this section, the board of embalmers and funeral directors has
reasonable cause to believe that the person investigated is violating
any provision of this chapter or any rules adopted under this chapter
governing or in connection with embalming, funeral directing,
cremation,
reduction,
funeral
homes, embalming facilities,
or
cremation
crematory
facilities, or reduction
facilities, or the operation of funeral homes, embalming facilities,
or
crematory
facilities,
or
reduction facilities,
it
may, after providing the opportunity for an adjudicatory hearing,
issue an order directing the person to cease the acts or practices
that constitute the violation. The board shall conduct the
adjudicatory hearing in accordance with Chapter 119. of the Revised
Code except that, notwithstanding the provisions of that chapter, the
following shall apply:
(1)
The board shall send the notice informing the person of the person's
right to a hearing by certified mail.
(2)
The person is entitled to a hearing only if the person requests a
hearing and if the board receives the request within thirty days
after the mailing of the notice described in division (H)(1) of this
section.
(3)
A stenographic record shall be taken, in the manner prescribed in
section 119.09 of the Revised Code, at every adjudicatory hearing
held under this section, regardless of whether the record may be the
basis of an appeal to a court.
(I)
If, as a result of its investigation conducted under division (G) of
this section, the board of embalmers and funeral directors has
reasonable cause to believe that the person investigated is violating
any provision of this chapter or any rules adopted under this chapter
governing or in connection with crematory
or reduction facility
operators, crematory
or reduction
facilities,
or
cremation
,
or natural organic reduction
,
the board shall send written notice of the alleged violation to the
crematory
and reduction facility
review board. If, after the conclusion of the adjudicatory hearing in
the matter conducted under division (F) of this section, the board of
embalmers and funeral directors finds that a person is in violation
of any provision of this chapter or any rules adopted under this
chapter governing or in connection with crematory
or reduction facility
operators, crematory
or reduction
facilities,
or
cremation
,
or natural organic reduction
,
the board may issue a final order under that division directing the
person to cease the acts or practices that constitute the violation.
(J)
The board of embalmers and funeral directors may bring a civil action
to enjoin any violation or threatened violation of sections 4717.01
to 4717.15 of the Revised Code or a rule adopted under any of those
sections; division (A) or (B) of section 4717.23; division (B)(1) or
(2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions (H) to
(K) of section 4717.26; division (D)(1) of section 4717.27; divisions
(A) to (C) of section 4717.28, or division (D) or (E) of section
4717.31 of the Revised Code. The action shall be brought in the
county where the violation occurred or the threatened violation is
expected to occur. At the request of the board, the attorney general
shall represent the board in any matter arising under this chapter.
(K)
The board of embalmers and funeral directors and the crematory
and reduction facility
review board may issue subpoenas for any person holding a license or
permit under this chapter or persons holding themselves out as such,
or for any other person whose testimony, in the opinion of either
board, is necessary. The subpoena shall require the person to appear
before the appropriate board or any designated member of either
board, upon any hearing conducted under this chapter. The penalty for
disobedience to the command of such a subpoena is the same as for
refusal to answer such a process issued under authority of the court
of common pleas.
(L)
Except as provided in section 4717.41 of the Revised Code, all moneys
received by the board of embalmers and funeral directors from any
source shall be deposited in the state treasury to the credit of the
occupational licensing and regulatory fund created in section 4743.05
of the Revised Code.
(M)
The board of embalmers and funeral directors shall submit a written
report to the governor on or before the first Monday of July of each
year. This report shall contain a detailed statement of the nature
and amount of the board's receipts and the amount and manner of its
expenditures.
Sec.
4717.04.
(A)
The board of embalmers and funeral directors shall adopt rules in
accordance with Chapter 119. of the Revised Code for the government,
transaction of the business, and the management of the affairs of the
board of embalmers and funeral directors and the crematory
and reduction facility
review board, and for the administration and enforcement of this
chapter. These rules shall include all of the following:
(1)
The nature, scope, content, and form of the application that must be
completed and license examination that must be passed in order to
receive an embalmer's license or a funeral director's license under
section 4717.05 of the Revised Code. The rules shall ensure both of
the following:
(a)
That the embalmer's license examination tests the applicant's
knowledge through at least a comprehensive section and an Ohio laws
section;
(b)
That the funeral director's license examination tests the applicant's
knowledge through at least a comprehensive section, an Ohio laws
section, and a sanitation section.
(2)
The minimum license examination score necessary to be licensed under
section 4717.05 of the Revised Code as an embalmer or as a funeral
director;
(3)
Procedures for determining the dates of the embalmer's and funeral
director's license examinations, which shall be administered at least
once each year, the time and place of each examination, and the
supervision required for each examination;
(4)
Procedures for determining whether the board shall accept an
applicant's compliance with the licensure, registration, or
certification requirements of another state as grounds for granting
the applicant a license under this chapter;
(5)
A determination of whether completion of a nationally recognized
embalmer's or funeral director's examination sufficiently meets the
license requirements for the comprehensive section of either the
embalmer's or the funeral director's license examination administered
under this chapter;
(6)
Continuing education requirements for licensed embalmers and funeral
directors;
(7)
Requirements for the licensing and operation of funeral homes;
(8)
Requirements for the licensing and operation of embalming facilities;
(9)
A schedule that lists, and specifies a forfeiture commensurate with,
each of the following types of conduct which, for the purposes of
division (A)(9) of this section and section 4717.15 of the Revised
Code, are violations of this chapter:
(a)
Obtaining a license under this chapter by fraud or misrepresentation
either in the application or in passing the required examination for
the license;
(b)
Purposely violating any provision of sections 4717.01 to 4717.15 of
the Revised Code or a rule adopted under any of those sections;
division (A) or (B) of section 4717.23; division (B)(1) or (2),
(C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions (H) to (K) of
section 4717.26; division (D)(1) of section 4717.27; or divisions (A)
to (C) of section 4717.28 of the Revised Code;
(c)
Committing unprofessional conduct;
(d)
Knowingly permitting an unlicensed person, other than a person
serving an apprenticeship, to engage in the profession or business of
embalming or funeral directing under the licensee's supervision;
(e)
Refusing to promptly submit the custody of a dead human body or
cremated
or reduced
remains upon the express order of the person legally entitled to the
body;
(f)
Transferring a license to operate a funeral home, embalming facility,
or
crematory
facility
or reduction facility
from one owner or operator to another, or from one location to
another, without notifying the board and following the requirements
of section 4717.11 of the Revised Code;
(g)
Misleading the public using false or deceptive advertising;
(h)
Failing to forward to the board on or before its due date the annual
report of preneed funeral sales required by division (J) of section
4717.31 of the Revised Code. If the annual report is sent to the
board by United States mail, it shall be postmarked on or before the
due date for the submission of the annual report in order to be
timely filed with the board. Mail that is not postmarked shall be
considered filed on the date it is received by the board.
Each
instance of the commission of any of the types of conduct described
in division (A)(9) of this section is a separate violation. The rules
adopted under division (A)(9) of this section shall establish the
amount of the forfeiture for a violation of each of those divisions.
The forfeiture for a first violation shall not exceed five thousand
dollars, and the forfeiture for a second or subsequent violation
shall not exceed ten thousand dollars. The amount of the forfeiture
may differ among the types of violations according to what the board
considers the seriousness of each violation.
(10)
Requirements for the licensing and operation of crematory facilities;
(11)
Requirements
for the licensing and operation of reduction facilities;
(12)
Procedures
for the board to take possession of and to arrange the lawful
disposition of unclaimed cremated
or reduced
remains that were held or stored at a funeral home
or
,
crematory
,
or reduction facility
that has been closed;
(12)
(13)
Procedures for the issuance of duplicate licenses;
(13)
(14)
Requirements for criminal records checks of applicants under section
4776.03 of the Revised Code;
(14)
(15)
The amount and content of corrective action courses required by the
board under section 4717.14 of the Revised Code.
(B)
The board may adopt rules governing the educational standards for
licensure as an embalmer or funeral director, or obtaining a permit
to be a crematory operator
,
or
reduction facility operator,
and
the standards of service and practice to be followed in embalming,
funeral directing,
and
cremation
,
and natural organic reduction,
,
and
in the operation of funeral homes, embalming facilities,
and
crematory
facilities
,
and reduction facilities
in this state.
(C)
Nothing in this chapter authorizes the board of embalmers and funeral
directors to regulate cemeteries, except that the board shall license
and regulate funeral homes, embalming facilities,
and
crematory
facilities
and reduction facilities
located at cemeteries in accordance with this chapter.
(D)
If the executive director of the board has knowledge or notice of a
violation of division (A)(1), (3), (5), or (6) of section 4717.13 of
the Revised Code or that a person is engaging in the business or
profession of funeral directing in violation of division
(A)(14)
(A)(13)
of that section, the executive director shall notify the appropriate
law enforcement authority for investigation.
Sec.
4717.052.
(A)
Except as provided in division (D) of this section, any person who
desires to obtain a permit as a reduction facility operator shall
apply to the board of embalmers and funeral directors on a form
prescribed by the board. The applicant shall include with the
application the initial permit fee set forth in section 4717.07 of
the Revised Code and evidence, verified under oath and satisfactory
to the board, that the applicant satisfies both of the following
requirements:
(1)
The applicant is at least eighteen years of age.
(2)
The applicant has satisfactorily completed a certification program
for operating a reduction facility that is approved by the board, and
has presented to the board a certificate showing completion of the
program.
(B)
If the board of embalmers and funeral directors, upon receiving
satisfactory evidence, determines that the applicant satisfies all of
the requirements of division (A) of this section, the board shall
issue to the applicant a permit as a reduction facility operator.
(C)
The board of embalmers and funeral directors may revoke or suspend a
permit issued under this section or subject a permit holder to
discipline in accordance with the laws, rules, and procedures
applicable to licensees under this chapter.
Sec.
4717.06.
(A)(1)
A licensed funeral director who desires to obtain a license to
operate a funeral home, a licensed embalmer who desires to obtain a
license to operate an embalming facility,
or
a
holder of a crematory operator permit who desires to obtain a license
to operate a crematory facility
,
or a holder of a reduction facility operator permit who desires to
operate a reduction facility
shall apply to the board of embalmers and funeral directors on a form
prescribed by the board. The application shall include the initial
license application fee set forth in section 4717.07 of the Revised
Code and proof satisfactory to the board that the funeral home,
embalming facility,
or
crematory
facility
,
or reduction facility
is in compliance with rules adopted by the board under section
4717.04 of the Revised Code, rules adopted by the board of building
standards under Chapter 3781. of the Revised Code, and all other
federal, state, and local requirements relating to the safety of the
premises.
(2)
If the funeral home, embalming facility,
or
crematory
facility
,
or reduction facility
to which the license application pertains is owned by a corporation
or limited liability company, the application shall include the name
and address of the corporation's or limited liability company's
statutory agent appointed under section 1701.07 of the Revised Code,
former section 1705.06 of the Revised Code as that section existed
prior to February 11, 2022, or section 1706.09 of the Revised Code
or, in the case of a foreign corporation, the corporation's
designated agent appointed under section 1703.041 of the Revised
Code. If the funeral home, embalming facility,
or
crematory
facility
,
or reduction facility
to which the application pertains is owned by a partnership, the
application shall include the name and address of each of the
partners. If, at any time after the submission of a license
application or issuance of a license, the statutory or designated
agent of a corporation or limited liability company owning a funeral
home, embalming facility, or crematory facility or the address of the
statutory or designated agent changes or, in the case of a
partnership, any of the partners of the funeral home, embalming
facility,
or
crematory
facility
,
or reduction facility,
or the address of any of the partners changes, the applicant for or
holder of the license to operate the funeral home, embalming
facility,
or
crematory
facility
,
or reduction facility,
shall submit written notice to the board, within thirty days after
the change, informing the board of the change and of any name or
address of a statutory or designated agent or partner that has
changed from that contained in the application for the license or the
most recent notice submitted under division (A)(2) of this section.
(B)(1)
The board of embalmers and funeral directors shall issue a license to
operate a funeral home only to a licensed funeral director who is
named in the application as the funeral director actually in charge
and ultimately responsible for the funeral home. The board shall
issue the license only for the address at which the funeral home is
physically located and operated. The funeral home license and
licenses of the embalmers and funeral directors employed by the
funeral home shall be displayed in a conspicuous place within the
funeral home.
(2)
The funeral home shall have on the premises one of the following:
(a)
If embalming will take place at the funeral home, an embalming room
that is adequately equipped and maintained. The embalming room shall
be kept in a clean and sanitary manner and used only for the
embalming, preparation, or holding of dead human bodies. The
embalming room shall contain only the articles, facilities, and
instruments necessary for those purposes.
(b)
If embalming will not take place at the funeral home, a holding room
that is adequately equipped and maintained. The holding room shall be
kept in a clean and sanitary manner and used only for the
preparation, other than embalming, and holding of dead human bodies.
The holding room shall contain only the articles and facilities
necessary for those purposes.
(3)
Each funeral home shall be directly supervised by a funeral director
licensed under this chapter, who may supervise more than one funeral
home.
(C)(1)
The board shall issue a license to operate an embalming facility only
to a licensed embalmer who is actually in charge of and ultimately
responsible for the embalming facility. The board shall issue the
license only for the address at which the embalming facility is
physically located and operated. The license shall be displayed in a
conspicuous place within the facility.
(2)
The embalming facility shall be adequately equipped and maintained in
a sanitary manner. The embalming room at such a facility shall
contain only the articles, facilities, and instruments necessary for
its stated purpose. The embalming room shall be kept in a clean and
sanitary condition and used only for the care and preparation of dead
human bodies.
(D)(1)
The board shall issue a license to operate a crematory facility only
to a crematory operator who is actually in charge and ultimately
responsible for the crematory facility. The board shall issue the
license only for the address at which the crematory facility is
physically located and operated. The license shall be displayed in a
conspicuous place within the crematory facility.
(2)
The crematory facility shall be adequately equipped and maintained in
a clean and sanitary manner. The crematory facility may be located in
a funeral home, embalming facility,
reduction
facility,
cemetery
building, or other building in which the crematory facility may
lawfully operate. If a crematory facility engages in the cremation of
animals, the crematory facility shall cremate animals in a cremation
chamber that also is not used to cremate dead human bodies or human
body parts and shall not cremate animals in a cremation chamber used
for the cremation of dead human bodies and human body parts.
Cremation chambers that are used for the cremation of dead human
bodies or human body parts and cremation chambers used for the
cremation of animals may be located in the same area. Cremation
chambers used for the cremation of animals shall have conspicuously
displayed on the unit a notice that the unit is to be used for
animals only.
(3)
A license to operate a crematory facility shall be issued to the
person actually in charge of the crematory facility. This section
does not require the individual who is actually in charge of the
crematory facility to be an embalmer
or
,
funeral
director
,
or reduction facility operator
licensed under this chapter.
(4)
Nothing in this section or rules adopted under section 4717.04 of the
Revised Code precludes the establishment and operation of a crematory
facility on or adjacent to the property on which a cemetery, funeral
home,
reduction
facility,
or
embalming facility is located.
(E)(1)
The board shall issue a reduction facility license only for the
address at which the reduction facility is physically located and
operated. The license shall be displayed in a conspicuous place
within the reduction facility.
(2)
The reduction facility shall be adequately equipped and maintained in
a clean and sanitary manner. The reduction facility may be located in
a funeral home, embalming facility, cemetery building, crematory
facility, or any other building in which the reduction facility may
lawfully operate. If the reduction facility engages in natural
organic reduction of animals, the reduction facility shall reduce
animals in a reduction chamber that is not also used for reduction of
dead human bodies or human body parts and shall not reduce animals in
a reduction chamber used for the reduction of dead human bodies or
human body parts. Reduction chambers that are used for the reduction
of dead human bodies or human body parts and the reduction chambers
used for the reduction of animals may be located in the same area.
Reduction chambers used for the reduction of animals shall have
conspicuously displayed on the unit a notice that the unit is to be
used for animals only.
(3)
The board shall issue a reduction facility license only to the holder
of a reduction facility operator permit issued under section 4717.052
of the Revised Code who is actually in charge and ultimately
responsible for the reduction facility. This section does not require
the person in charge of the reduction facility to be an embalmer or
funeral director licensed under this chapter, or the holder of a
crematory operator permit.
(4)
Nothing in this chapter or rules adopted under section 4717.04 of the
Revised Code precludes the establishment and operation of a reduction
facility on or adjacent to the property on which a cemetery, funeral
home, embalming facility, or crematory facility is located.
Sec.
4717.07.
(A)
The board of embalmers and funeral directors shall charge and collect
the following fees:
(1)
For applying for an initial or biennial renewal of an embalmer's or
funeral director's license, or a reactivation of a license as
described in division (H) of section 4717.05 of the Revised Code, two
hundred dollars;
(2)
For applying for an embalmer or funeral director certificate of
apprenticeship, thirty-five dollars;
(3)
For the application to take the examination for a license to practice
as an embalmer or funeral director, or to retake a section of the
examination, thirty-five dollars;
(4)
For applying for an initial license to operate a funeral home, four
hundred dollars and biennial renewal of a license to operate a
funeral home, four hundred dollars;
(5)
For the reinstatement of a lapsed embalmer's or funeral director's
license, the renewal fee prescribed in division (A)(1) of this
section plus fifty dollars for each month or portion of a month the
license is lapsed, but not more than one thousand dollars;
(6)
For the reinstatement of a lapsed license to operate a funeral home,
the renewal fee prescribed in division (A)(4) of this section plus
fifty dollars for each month or portion of a month the license is
lapsed until reinstatement, but not more than one thousand dollars;
(7)
For applying for a license to operate an embalming facility, four
hundred dollars and biennial renewal of a license to operate an
embalming facility, four hundred dollars;
(8)
For the reinstatement of a lapsed license to operate an embalming
facility, the renewal fee prescribed in division (A)(7) of this
section plus fifty dollars for each month or portion of a month the
license is lapsed until reinstatement, but not more than one thousand
dollars;
(9)
For applying for a license to operate a crematory facility, four
hundred dollars and biennial renewal of a license to operate a
crematory facility, four hundred dollars;
(10)
For the reinstatement of a lapsed license to operate a crematory
facility, the renewal fee prescribed in division (A)(9) of this
section plus fifty dollars for each month or portion of a month the
license is lapsed until reinstatement, but not more than five hundred
dollars;
(11)
For applying for the initial or biennial renewal of a crematory
operator permit, one hundred fifty dollars;
(12)
For the reinstatement of a lapsed crematory operator permit, the
renewal fee prescribed in division (A)(11) of this section plus fifty
dollars for each month or portion of a month the permit is lapsed,
but not more than five hundred dollars;
(13)
For
applying for a license to operate a reduction facility, four hundred
dollars, and biennial renewal of a license to operate a reduction
facility, four hundred dollars;
(14)
For the reinstatement of a lapsed license to operate a reduction
facility, the renewal fee prescribed in division (A)(13) of this
section plus fifty dollars for each month or portion of a month the
license is lapsed until reinstatement, but not more than five hundred
dollars;
(15)
For applying for the initial or biennial renewal of a reduction
facility operator permit, one hundred fifty dollars;
(16)
For the reinstatement of a lapsed reduction facility operator permit,
the renewal fee prescribed in division (A)(15) of this section plus
fifty dollars for each month or portion of a month the permit is
lapsed, but not more than five hundred dollars;
(17)
For
the issuance of a duplicate of a license issued under this chapter,
ten dollars;
(14)
(18)
For each preneed funeral contract sold in the state other than those
funded by the assignment of an existing insurance policy, ten
dollars.
(B)
In addition to the fees set forth in division (A) of this section, an
applicant shall pay the examination fee assessed by any examining
agency the board uses for any section of an examination required
under this chapter.
(C)
Subject to the approval of the controlling board, the board of
embalmers and funeral directors may establish fees in excess of the
amounts set forth in this section, provided that these fees do not
exceed the amounts set forth in this section by more than fifty per
cent.
Sec.
4717.08.
(A)
Every license and permit issued under this chapter expires on the
last day of December of each even-numbered year and shall be renewed
on or before that date according to the standard license renewal
procedure set forth in Chapter 4745. of the Revised Code. Licenses
and permits not renewed by the last day of December of each
even-numbered year are lapsed.
(B)
A holder of a lapsed license to operate a funeral home,
license
to operate an
embalming
facility,
or
license to operate a
crematory
facility
,
or reduction facility
or a crematory operator
or reduction facility operator
permit may reinstate the license or permit with the board by paying
the lapsed license fee established under section 4717.07 of the
Revised Code.
(C)
A holder of a lapsed embalmer's or funeral director's license may
reinstate the license with the board by paying the lapsed license fee
established under section 4717.07 of the Revised Code, except that if
the license is lapsed for more than one hundred eighty days after its
expiration date, the holder also shall take and pass the Ohio laws
examination for each license as a condition for reinstatement.
Sec.
4717.11.
(A)(1)
A person who is licensed to operate a funeral home shall surrender
that person's license to operate a funeral home within thirty days
after a change in any of the following:
(a)
The location of the funeral home;
(b)
The person who is actually in charge and ultimately responsible for
the funeral home;
(c)
Ownership of the funeral home business that owns the funeral home
that results in a majority of the ownership of the funeral business
being held by one or more persons who solely or in combination with
others did not own a majority of the funeral business immediately
prior to the change in ownership.
(2)
Within thirty days after a change described in division (A)(1) of
this section occurs, the funeral director who will be actually in
charge and ultimately responsible for the funeral home after the
change shall apply for a new funeral home license. Upon the filing of
an application for a funeral home license by a licensed funeral
director, the funeral home may continue to operate until the board
denies the funeral home's application.
(B)(1)
A person who is licensed to operate an embalming facility shall
surrender that person's license to operate an embalming facility
within thirty days after a change in any of the following:
(a)
The location of the embalming facility;
(b)
The person who is actually in charge and ultimately responsible for
the embalming facility;
(c)
Ownership of the business entity that owns the embalming facility
that results in a majority of the ownership of the business entity
being held by one or more persons who solely or in combination with
others did not own a majority of the business entity immediately
prior to the change in ownership.
(2)
Within thirty days after a change described in division (B)(1) of
this section occurs, the person who will be actually in charge and
ultimately responsible for the embalming facility after the change
shall apply for a new license to operate the embalming facility. Upon
filing of an application for a license to operate an embalming
facility by a licensed embalmer, the embalming facility may continue
to operate until the board denies the embalming facility's
application.
(C)(1)
A person who is licensed to operate a crematory facility shall
surrender that person's license to operate a crematory facility
within thirty days after a change in any of the following:
(a)
The location of the crematory facility;
(b)
The person who is actually in charge and ultimately responsible for
the crematory facility;
(c)
Ownership of the business entity that owns the crematory facility
that results in a majority of the ownership of the business entity
being held by one or more persons who alone or in combination with
others did not own a majority of the business entity immediately
prior to the change in ownership.
(2)
Within thirty days after a change described in division (C)(1) of
this section occurs, the person who will be actually in charge and
ultimately responsible for the crematory facility after the change
shall apply for a new license to operate the crematory facility. Upon
the filing of an application for a license to operate a crematory
facility by a person holding a crematory operator permit, the
crematory facility may continue to operate until the board denies the
crematory facility's application.
(D)(1)
(D)
A person who is licensed to operate a reduction facility shall obtain
a new license upon any change in the location of the facility or any
change in the ownership of the business entity operating the facility
that results in a majority of the ownership of the business entity
being held by one or more persons who solely or in combination with
others did not own a majority of the business entity immediately
before the change in ownership. The person licensed to operate the
reduction facility shall surrender the current license to the board
within thirty days after any such change occurs.
(E)(1)
The board of embalmers and funeral directors shall review
applications for new licenses under section 4717.06 of the Revised
Code.
(2)
If the board, upon receiving satisfactory evidence, determines that
the applicant satisfies all of the requirements of
division
(A), (B), (C), or (D) of
section
4717.06 of the Revised Code with respect to a particular funeral
home, embalming facility,
or
crematory
facility,
or
reduction facility,
the
board shall issue to the applicant a new license to operate that
funeral home, embalming facility,
or
crematory
facility
,
or reduction facility
.
Sec.
4717.13.
(A)
No person shall do any of the following:
(1)
Engage in the business or profession of funeral directing unless the
person is licensed as a funeral director under this chapter, is
certified as an apprentice funeral director in accordance with rules
adopted under section 4717.04 of the Revised Code and under the
supervision of a funeral director licensed under this chapter, or is
a student in a college of mortuary sciences approved by the board of
embalmers and funeral directors and is under the direct supervision
of a funeral director licensed by the board;
(2)
Engage in embalming unless the person is licensed as an embalmer
under this chapter, is certified as an apprentice embalmer in
accordance with rules adopted under section 4717.04 of the Revised
Code and is under the supervision of an embalmer licensed under this
chapter, or is a student in a college of mortuary science approved by
the board and is under the direct supervision of an embalmer licensed
by the board;
(3)
Advertise or otherwise offer to provide or convey the impression that
the person provides funeral directing services unless the person is
licensed as a funeral director under this chapter and is employed by
or under contract to a licensed funeral home and performs funeral
directing services for that funeral home in a manner consistent with
the advertisement, offering, or conveyance;
(4)
Advertise or otherwise offer to provide or convey the impression that
the person provides embalming services unless the person is licensed
as an embalmer under this chapter and is employed by or under
contract to a licensed funeral home or a licensed embalming facility
and performs embalming services for the funeral home or embalming
facility in a manner consistent with the advertisement, offering, or
conveyance;
(5)
Operate a funeral home without a license to operate the funeral home
issued by the board under this chapter;
(6)
Practice the business or profession of funeral directing from any
place except from a funeral home that a person is licensed to operate
under this chapter;
(7)
Practice embalming from any place except from a funeral home or
embalming facility that a person is licensed to operate under this
chapter;
(8)
Operate a crematory
facility
or
perform cremation without a license to operate the crematory
facility
issued
under this chapter;
(9)
Cremate animals in a cremation chamber in which dead human bodies or
body parts are cremated or cremate dead human bodies or human body
parts in a cremation chamber in which animals are cremated;
(10)
Hold a dead human body, before final disposition, for more than
forty-eight hours after the time of death unless the dead human body
is embalmed or placed into refrigeration and maintained at a constant
temperature of less than forty degrees;
(11)
Operate
a reduction facility or perform reduction without a license to
operate the reduction facility issued under this chapter;
(12)
Reduce animals in a reduction chamber in which dead human bodies or
human body parts are reduced or reduce dead human bodies or human
body parts in a reduction chamber in which animals are reduced;
(13)
Knowingly
refuse to promptly submit the custody of a dead human body or
cremated
or reduced
remains upon the oral or written order of the person legally entitled
to the body or
cremated
remains;
(12)
(14)
Except as ordered by the coroner or the person holding the right of
disposition under section 2108.70 or 2108.81 of the Revised Code,
knowingly fail to carry out the final disposition of a dead human
body within thirty days after taking custody of the body;
(13)
(15)
Engage in cremation
as
defined in section 4717.01 of the Revised Code
unless
the person holds a crematory operator permit under this chapter;
(14)
(16)
Engage in natural organic reduction unless the person holds a
reduction facility operator permit under section 4717.052 of the
Revised Code;(17)
Engage in the business or profession of funeral directing, engage in
embalming,
or
operate
a crematory
facility
or
perform cremation
,
operate a reduction facility or perform reduction
with a lapsed license
as defined under section 4717.01 of the Revised Code
.
(B)
No funeral director or other person in charge of the final
disposition of a dead human body shall fail to do one of the
following prior to the interment of the body:
(1)
Affix to the ankle or wrist of the deceased a tag encased in a
durable and long-lasting material that contains the name, date of
birth, date of death, and social security number of the deceased;
(2)
Place in the casket a capsule containing a tag bearing the
information described in division (B)(1) of this section;
(3)
If the body was cremated
or reduced
,
place a tag bearing the information described in division (B)(1) of
this section in any vessel containing either of the following:
(a)
All the cremated
or reduced
remains;
(b)
More than ten cubic inches of the cremated
or reduced
remains.
(C)
No person who holds a funeral home license for a funeral home that is
closed, or that is owned by a funeral business in which changes in
the ownership of the funeral business result in a majority of the
ownership of the funeral business being held by one or more persons
who solely or in combination with others did not own a majority of
the funeral business immediately prior to the change in ownership,
shall fail to submit to the board within thirty days after the
closing or such change of ownership of the funeral business owning
the funeral home, a clearly enumerated account of all of the
following from which the licensee, at the time of the closing or
change of ownership of the funeral business and in connection with
the funeral home, was to receive payment for providing the funeral
services, funeral goods, or any combination of those in connection
with the funeral or final disposition of a dead human body:
(1)
Preneed funeral contracts governed by sections 4717.31 to 4717.38 of
the Revised Code;
(2)
Life insurance policies or annuities the benefits of which are
payable to the provider of funeral or burial goods or services;
(3)
Accounts at banks or savings banks insured by the federal deposit
insurance corporation, savings and loan associations insured by the
federal savings and loan insurance corporation or the Ohio deposit
guarantee fund, or credit unions insured by the national credit union
administration or a credit union share guaranty corporation organized
under Chapter 1761. of the Revised Code that are payable upon the
death of the person for whose benefit deposits into the accounts were
made.
(D)(1)
No person who holds a funeral home license for a funeral home that is
closed shall negligently fail to send written notice to the purchaser
of every preneed funeral contract to which the funeral business is a
party via first class United States mail. Such notice shall be
addressed to the purchaser's last known address and shall explain
that the funeral business is being closed and the name of any funeral
business that has been designated to assume the obligations of the
preneed contract.
(2)
Within thirty days of the closing of a funeral home, no person who
held the funeral home license for the closed funeral home shall
negligently fail to transfer all preneed contracts to the funeral
home or funeral homes that have been designated to assume the
obligation of the preneed contracts. If the person who holds a
funeral home license for a funeral home that is closed fails to
designate a successor funeral home or funeral homes to assume the
obligations of the preneed funeral contracts, the board shall make
such designations and order the transfer of the preneed funeral
contracts to the designated funeral home or funeral homes.
(E)
No person who holds a license under this chapter for a facility that
is going out of business and that is in possession of unclaimed
cremated
or reduced
remains shall fail to submit to the board, within thirty days prior
to the closing, a copy of the written notice required in division (F)
of this section and a clearly enumerated account of all unclaimed
cremated
remains
in possession of the facility.
(F)
Within thirty days prior to the closing of a facility that is going
out of business and that is in possession of unclaimed cremated
or reduced
remains, the person who is actually in charge of and ultimately
responsible for the facility shall send written notice via
first-class mail to the last known address of the authorizing agent
who executed the cremation
or reduction
authorization form or the person designated on the
cremation
authorization
form to receive the
cremated
remains.
Such notice shall include the following:
(1)
A statement that the funeral business is going out of business and
will close;
(2)
The expected date of closure;
(3)
The manner in which the unclaimed cremated
or reduced
remains will be disposed and, if applicable, the location from which
the
cremated
remains
can be retrieved.
(G)
If the person who is actually in charge of and ultimately responsible
for the facility is unable to comply with divisions (F)(1) to (3) of
this section and cannot locate the last known address of the
authorizing agent who executed the cremation
or reduction
authorization form or the person designated on the cremation
or reduction
authorization form to receive the cremated
or reduced
remains, the person who is actually in charge of and ultimately
responsible for the facility may seek a declaratory judgment to
dispose of the unclaimed
cremated
remains
from the probate court in the county in which the facility is
located.
(H)
Within thirty days prior to the closing of a facility that is going
out of business, no person who held the license for the facility
shall negligently fail to dispose of all unclaimed cremated
or reduced
remains as designated in the written notice or, if unclaimed in
excess of sixty days, in a manner consistent with section 4717.27 of
the Revised Code.
Sec.
4717.14.
(A)
The board of embalmers and funeral directors may, except as provided
in division (G) of this section, refuse to grant or renew, or may
suspend or revoke, any license or permit issued under this chapter or
may require the holder of a license or permit to take corrective
action courses for any of the following reasons:
(1)
The holder of a license or permit obtained the license or permit by
fraud or misrepresentation either in the application or in passing
the examination.
(2)
The licensee or permit holder has been convicted of or has pleaded
guilty to a felony or of any crime involving moral turpitude.
(3)
The applicant, licensee, or permit holder has recklessly violated any
provision of sections 4717.01 to 4717.15 or a rule adopted under any
of those sections; division (A) or (B) of section 4717.23; division
(B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or
divisions (H) to (K) of section 4717.26; division (D)(1) of section
4717.27; or divisions (A) to (C) of section 4717.28 of the Revised
Code; or any provisions of sections 4717.31 to 4717.38 of the Revised
Code; any rule or order of the department of health or a board of
health of a health district governing the disposition of dead human
bodies; or any other rule or order applicable to the applicant or
licensee.
(4)
The licensee or permit holder has committed immoral or unprofessional
conduct.
(5)
The applicant or licensee knowingly permitted an unlicensed person,
other than a person serving an apprenticeship, to engage in the
profession or business of embalming or funeral directing under the
applicant's or licensee's supervision.
(6)
The applicant, licensee, or permit holder has been habitually
intoxicated, or is addicted to the use of morphine, cocaine, or other
habit-forming or illegal drugs.
(7)
The applicant, licensee, or permit holder has refused to promptly
submit the custody of a dead human body or cremated
or reduced
remains upon the express order of the person legally entitled to the
body or
cremated
remains.
(8)
The licensee or permit holder loaned the licensee's own license or
the permit holder's own permit, or the applicant, licensee, or permit
holder borrowed or used the license or permit of another person, or
knowingly aided or abetted the granting of an improper license or
permit.
(9)
The applicant, licensee, or permit holder misled the public by using
false or deceptive advertising. As used in this division, "false
and deceptive advertising" includes, but is not limited to, any
of the following:
(a)
Using the names of persons who are not licensed to practice funeral
directing in a way that leads the public to believe that such persons
are engaging in funeral directing;
(b)
Using any name for the funeral home other than the name under which
the funeral home is licensed;
(c)
Using in the funeral home's name the surname of an individual who is
not directly, actively, or presently associated with the funeral
home, unless such surname has been previously and continuously used
by the funeral home.
(10)
The licensee or permit holder provided services to a person knowing
that those services were sold to that person by another person who
lacked a license or permit under this chapter to perform the
services.
(B)(1)
The board of embalmers and funeral directors shall refuse to grant or
renew, or shall suspend or revoke a license or permit only in
accordance with Chapter 119. of the Revised Code.
(2)
The board shall send to the crematory
and
reduction
facility
review
board written notice that it proposes to refuse to issue or renew, or
proposes to suspend or revoke, a license to operate a crematory
or reduction
facility. If, after the conclusion of the adjudicatory hearing on the
matter conducted under division (F) of section 4717.03 of the Revised
Code, the board of embalmers and funeral directors finds that any of
the circumstances described in divisions (A)(1) to (9) of this
section apply to the person named in its proposed action, the board
may issue a final order under division (F) of section 4717.03 of the
Revised Code refusing to issue or renew, or suspending or revoking,
the person's license to operate a crematory
or reduction
facility.
(C)
If the board of embalmers and funeral directors determines that there
is clear and convincing evidence that any of the circumstances
described in divisions (A)(1) to (9) of this section apply to the
holder of a license or permit issued under this chapter and that the
licensee's or permit holder's continued practice presents a danger of
immediate and serious harm to the public, the board may suspend the
licensee's license or permit holder's permit without a prior
adjudicatory hearing. The executive director of the board shall
prepare written allegations for consideration by the board.
The
board, after reviewing the written allegations, may suspend a license
or permit without a prior hearing.
Notwithstanding
section 121.22 of the Revised Code, the board may suspend a license
or permit under this division by utilizing a telephone conference
call to review the allegations and to take a vote.
The
board shall serve a written order of suspension in accordance with
sections 119.05 and 119.07 of the Revised Code. Such an order is not
subject to suspension by the court during the pendency of any appeal
filed under section 119.12 of the Revised Code. If the licensee or
permit holder requests an adjudicatory hearing by the board, the date
set for the hearing shall be within fifteen days, but not earlier
than seven days, after the licensee or permit holder has requested a
hearing, unless the board and the licensee or permit holder agree to
a different time for holding the hearing.
Upon
issuing a written order of suspension to the holder of a license to
operate a crematory
or reduction
facility, the board of embalmers and funeral directors shall send
written notice of the issuance of the order to the crematory
and
reduction
facility
review
board. The crematory
and reduction facility
review board shall hold an adjudicatory hearing on the order under
division (F) of section 4717.03 of the Revised Code within fifteen
days, but not earlier than seven days, after the issuance of the
order, unless the crematory
and reduction facility
review board and the licensee agree to a different time for holding
the adjudicatory hearing.
Any
summary suspension imposed under this division shall remain in
effect, unless reversed on appeal, until a final adjudicatory order
issued by the board of embalmers and funeral directors pursuant to
this division and Chapter 119. of the Revised Code, or division (F)
of section 4717.03 of the Revised Code, as applicable, becomes
effective. The board of embalmers and funeral directors shall issue
its final adjudicatory order within sixty days after the completion
of its hearing or, in the case of the summary suspension of a license
to operate a crematory
or reduction
facility, within sixty days after completion of the adjudicatory
hearing by the crematory
and reduction facility
review board. A failure to issue the order within that time results
in the dissolution of the summary suspension order, but does not
invalidate any subsequent final adjudicatory order.
(D)
If the board of embalmers and funeral directors suspends or revokes a
funeral director's license or a license to operate a funeral home for
any reason identified in division (A) of this section, the board may
file a complaint with the court of common pleas in the county where
the violation occurred requesting appointment of a receiver and the
sequestration of the assets of the funeral home that held the
suspended or revoked license or the licensed funeral home that
employs the funeral director that held the suspended or revoked
license. If the court of common pleas is satisfied with the
application for a receivership, the court may appoint a receiver.
The
board or a receiver may employ and procure whatever assistance or
advice is necessary in the receivership or liquidation and
distribution of the assets of the funeral home, and, for that
purpose, may retain officers or employees of the funeral home as
needed. All expenses of the receivership or liquidation shall be paid
from the assets of the funeral home and shall be a lien on those
assets, and that lien shall be a priority to any other lien.
(E)
Any holder of a license or permit issued under this chapter who has
pleaded guilty to, has been found by a judge or jury to be guilty of,
or has had a judicial finding of eligibility for treatment in lieu of
conviction entered against the individual in this state for
aggravated murder, murder, voluntary manslaughter, felonious assault,
kidnapping, rape, sexual battery, gross sexual imposition, aggravated
arson, aggravated robbery, or aggravated burglary, or who has pleaded
guilty to, has been found by a judge or jury to be guilty of, or has
had a judicial finding of eligibility for treatment in lieu of
conviction entered against the individual in another jurisdiction for
any substantially equivalent criminal offense, is hereby suspended
from practice under this chapter by operation of law, and any license
or permit issued to the individual under this chapter is hereby
suspended by operation of law as of the date of the guilty plea,
verdict or finding of guilt, or judicial finding of eligibility for
treatment in lieu of conviction, regardless of whether the
proceedings are brought in this state or another jurisdiction. The
board shall notify the suspended individual of the suspension of the
individual's license or permit by the operation of law in accordance
with sections 119.05 and 119.07 of the Revised Code. If an individual
whose license or permit is suspended under this division fails to
make a timely request for an adjudicatory hearing, the board shall
enter a final order revoking the license.
(F)
No person whose license or permit has been suspended or revoked under
or by the operation of this section shall knowingly practice
embalming, funeral directing,
or
cremation
,
or reduction
,
or operate a funeral home, embalming facility,
or
crematory
facility, or reduction
facility until the board has reinstated the person's license or
permit.
(G)
The board shall not refuse to issue a license or permit to an
applicant because of a conviction of or plea of guilty to a criminal
offense unless the refusal is in accordance with section 9.79 of the
Revised Code.
Sec.
4717.15.
(A)
The board of embalmers and funeral directors, without the necessity
for conducting a prior adjudication hearing, may issue a notice of
violation to the holder of an embalmer's, funeral director's, funeral
home,
or
embalming
facility,
or
crematory
,
or reduction
facility license, or a crematory operator
or reduction facility operator
permit or a courtesy card permit issued under this chapter who the
board finds has committed any of the violations described in division
(A)(9) of section 4717.04 of the Revised Code. The notice shall set
forth the specific violation committed by the licensee or permit
holder and shall be sent by certified mail. The notice shall be
accompanied by an order requiring the payment of the appropriate
forfeiture prescribed in rules adopted under division (A)(9) of
section 4717.04 of the Revised Code and by a notice informing the
licensee or permit holder that the licensee is entitled to an
adjudicatory hearing on the notice of violation and order if the
licensee or permit holder requests a hearing and if the board
receives the request within thirty days after the mailing of the
notice of violation and order. The board shall conduct any such
adjudicatory hearing in accordance with Chapter 119. of the Revised
Code, except as otherwise provided in this division.
A
licensee or permit holder who receives a notice of violation and
order under this division shall pay to the executive director of the
board the full amount of the forfeiture by certified check within
thirty days after the notice of violation and order were mailed to
the licensee or permit holder unless, within that time, the licensee
or permit holder submits a request for an adjudicatory hearing on the
notice of violation and order. If such a request for an adjudicatory
hearing is timely filed, the licensee or permit holder need not pay
the forfeiture to the executive director until after a final,
nonappealable administrative or judicial decision is rendered on the
order requiring payment of the forfeiture. If a final nonappealable
administrative or judicial decision is rendered affirming the board's
order, the licensee or permit holder shall pay to the executive
director of the board the full amount of the forfeiture by certified
check within thirty days after notice of the decision was sent to the
licensee. A forfeiture is considered to be paid when the licensee's
or permit holder's certified check is received by the executive
director in Columbus. If the licensee or permit holder fails to so
pay the full amount of the forfeiture to the executive director
within that time, the board shall issue an order suspending or
revoking the individual's license or permit, as the board considers
appropriate.
(B)
The board shall send to the crematory
and reduction facility
review board written notice that it proposes to issue to the holder
of a license to operate a crematory
or reduction
facility issued under this chapter a notice of violation and order
requiring payment of a forfeiture specified in rules adopted under
division (A)(9) of section 4717.04 of the Revised Code. If, after the
conclusion of the adjudicatory hearing on the matter conducted under
division (F) of section 4717.03 of the Revised Code, the board of
embalmers and funeral directors finds that the licensee has committed
any of the violations described in division (A)(9) of section 4717.04
of the Revised Code in connection with the operation of a crematory
or reduction
facility or cremation
or reduction
,
the board of embalmers and funeral directors may issue a final order
under division (F) of section 4717.03 of the Revised Code requiring
payment of the appropriate forfeiture specified in rules adopted
under division (A)(9) of section 4717.04 of the Revised Code. A
licensee who receives such an order shall pay the full amount of the
forfeiture to the executive director by certified check within thirty
days after the order was sent to the licensee unless, within that
time, the licensee files a notice of appeal in accordance with
division (F) of section 4717.03 and section 119.12 of the Revised
Code. If such a notice of appeal is timely filed, the licensee or
permit holder need not pay the forfeiture to the executive director
until after a final, nonappealable judicial decision is rendered in
the appeal. If a final, nonappealable judicial decision is rendered
affirming the board's order, the licensee or permit holder shall pay
to the executive director the full amount of the forfeiture by
certified check within thirty days after notice of the decision was
sent to the licensee or permit holder. A forfeiture is considered
paid when the licensee's or permit holder's certified check is
received by the executive director in Columbus. If the licensee or
permit holder fails to so pay the full amount of the forfeiture to
the executive director within that time, the board shall issue an
order suspending or revoking the individual's license, as the board
considers appropriate.
Sec.
4717.20.
As
used in sections 4717.20 to 4717.30 of the Revised Code:
(A)
"Alternative container" means a receptacle, other than a
casket, in which a dead human body or body parts are transported to a
crematory
or reduction
facility and placed in the cremation
or reduction
chamber for cremation
or reduction
,
and that meets all of the following requirements:
(1)
Is composed of
readily
combustible
materials
that are suitable for cremation
or reduction
;
(2)
May be closed in order to provide a complete covering for the dead
human body or body parts;
(3)
Is resistant to leakage or spillage;
(4)
Is sufficiently rigid to be handled readily;
(5)
Provides protection for the health and safety of crematory
or reduction
personnel.
(B)
"Authorizing agent" means the person or persons identified
in section 4717.21 or 4717.22 of the Revised Code who are entitled to
order the cremation
or reduction
of a decedent or body parts and to order the final disposition of the
cremated
or reduced
remains of a decedent or body parts.
(C)
"Body parts" means limbs or other portions of the anatomy
that are removed from a living person for medical purposes during
biopsy, treatment, or surgery. "Body parts" also includes
dead human bodies that have been donated to science for purposes of
medical education or research and any parts of such a dead human body
that were removed for those purposes.
(D)
"Burial or burial-transit permit" means a burial permit or
burial-transit permit issued under section 3705.17 of the Revised
Code or the laws of another state that are substantially similar to
that section.
(E)
"Casket" means a rigid container that is designed for the
encasement of a dead human body and that is constructed of wood,
metal, or another rigid material, is ornamented and lined with
fabric, and may or may not be combustible.
(F)
"Temporary container" means a receptacle for cremated
or reduced
remains composed of cardboard, plastic, metal, or another material
that can be closed in a manner that prevents the leakage or spillage
of the
cremated
remains
and the entrance of foreign material, and that is of sufficient size
to hold the
cremated
remains
until they are placed in an urn or scattered.
(G)
"Urn" means a receptacle designed to encase cremated
or reduced
remains permanently.
Sec.
4717.21.
(A)
Any person, on an antemortem basis, may serve as the person's own
authorizing agent, authorize the person's own cremation
,
or reduction
and specify the arrangements for the final disposition of the
person's own cremated
or reduced
remains by executing an antemortem
cremation
authorization
form. A guardian, custodian, or other personal representative who is
authorized by law or contract to do so on behalf of a person, on an
antemortem basis, may authorize the cremation
or reduction
of the person and specify the arrangements for the final disposition
of the person's
cremated
remains
by executing an antemortem
cremation
authorization
form on the person's behalf. Any such antemortem
cremation
authorization
form also shall be signed by one witness. The original copy of the
executed authorization form shall be sent to the crematory
or reduction
facility being authorized to conduct the cremation
or reduction
,
and a copy shall be retained by the person who executed the
authorization form. The person who executed an antemortem
cremation
authorization
form may revoke the authorization at any time by providing written
notice of the revocation to the crematory
or reduction
facility named in the authorization form. The person who executed the
authorization form may transfer the authorization to another
crematory
or reduction
facility by providing written notice to the crematory
or reduction
facility named in the original authorization of the revocation of the
authorization and, in accordance with this division, executing a new
antemortem
cremation
authorization
form authorizing another crematory
or reduction
facility to conduct the cremation
or reduction
.
(B)(1)
Each antemortem
cremation
authorization
form shall specify the final disposition that is to be made of the
cremated
or reduced
remains.
(2)
Every antemortem
cremation
authorization
form entered into on or after October 12, 2006, shall specify the
final disposition that is to be made of the remains and shall include
a provision in substantially the following form:
NOTICE:
Upon the death of the person who is the subject of this antemortem
cremation
authorization,
the person holding the right of disposition under section 2108.70 or
2108.81 of the Revised Code may cancel the cremation
or reduction
arrangements, modify the arrangements for the final disposition of
the cremated
or reduced
remains, or make alternative arrangements for the final disposition
of the decedent's body. However, the person executing this antemortem
cremation
authorization
is encouraged to state his or her preferences as to the manner of
final disposition in a declaration of the right of disposition
pursuant to section 2108.72 of the Revised Code, including that the
arrangements set forth in this form shall be followed.
(C)(1)
Except as provided in division (C)(2) of this section, when the
crematory
or reduction
facility is in possession of
a
cremation
an
authorization
form that has been executed on an antemortem basis in accordance with
this section, the other conditions set forth in division (A) of
section 4717.23 of the Revised Code have been met, the crematory
or reduction
facility has possession of the decedent to which the antemortem
authorization pertains, and the crematory
or reduction
facility has received payment for the cremation
or reduction
of the decedent and the final disposition of the cremated
or reduced
remains of the decedent or is otherwise assured of payment for those
services, the crematory
or reduction
facility shall cremate
or reduce
the decedent as directed and dispose of the
cremated
remains
in accordance with the instructions contained in the antemortem
cremation
authorization
form.
(2)
A person with the right of disposition for a decedent under section
2108.70 or 2108.81 of the Revised Code who is not disqualified under
section 2108.75 of the Revised Code may cancel the arrangements for
the decedent's cremation
,
or reduction,
modify the arrangements for the final disposition of the decedent's
cremated
or reduced
remains, or make alternative arrangements for the final disposition
of the decedent's body. If a person with the right takes any such
action, the crematory
or reduction
facility shall disregard the instructions contained in the antemortem
cremation
authorization
form and follow the instructions of the person with the right.
(D)
An antemortem
cremation
authorization
form executed under division (A) of this section does not constitute
a contract for conducting the cremation
or reduction
of the person named in the authorization form or for the final
disposition of the person's cremated
or reduced
remains. Despite the existence of such an antemortem
cremation
authorization,
a person with the right of disposition for a decedent under section
2108.70 or 2108.81 of the Revised Code may modify, in writing, the
arrangements for the final disposition of the
cremated
remains
of the decedent set forth in the authorization form or may cancel the
cremation
or reduction
and claim the decedent's body for purposes of making alternative
arrangements for the final disposition of the decedent's body. The
revocation of an antemortem
cremation
authorization
form executed under division (A) of this section, or the cancellation
of the cremation
or reduction
of the person named in the antemortem authorization or modification
of the arrangements for the final disposition of the person's
cremated
remains
as authorized by this division, does not affect the validity or
enforceability of any contract entered into for the cremation
or reduction
of the person named in the antemortem authorization or for the final
disposition of the person's
cremated
remains.
(E)
Nothing in this section applies to any antemortem
cremation
authorization
form executed prior to August 5, 1998. Any cemetery, funeral home,
crematory facility,
reduction facility,
or other party may specify, with the written approval of the person
who executed the antemortem authorization, that such an antemortem
authorization is subject to sections 4717.21 to 4717.30 of the
Revised Code.
Sec.
4717.22.
(A)
The person who has the right of disposition under section 2108.70 or
2108.81 of the Revised Code may serve as an authorizing agent for the
cremation
or reduction
of a dead human body, including, without limitation, a dead human
body that was donated to science for purposes of medical education or
research.
(B)
If body parts were removed from a living person, the person from whom
the body parts were removed or the person who has the right of
disposition under section 2108.70 or 2108.81 of the Revised Code may
serve as the authorizing agent for the cremation
or reduction
of the body parts.
(C)
If body parts were removed from a decedent whose body was donated to
science for purposes of medical education or research, the person who
has the right of disposition under section 2108.70 or 2108.81 of the
Revised Code may serve as the authorizing agent for the cremation
or reduction
of the body parts. In the absence of any action by the person with
the right of disposition with respect to the cremation
or reduction
of such body parts, the medical education or research facility to
which the decedent's body was donated may serve as the authorizing
agent for the cremation
or reduction
of such parts.
Sec.
4717.23.
(A)
No crematory
or reduction facility
operator
,
or crematory
or reduction
facility
,
shall cremate
or reduce
or allow the cremation
or reduction
of a dead human body, other than one that was donated to science for
purposes of medical education or research, until all of the following
have occurred:
(1)
A period of at least twenty-four hours has elapsed since the
decedent's death as indicated on a complete, nonprovisional death
certificate filed under section 3705.16 of the Revised Code or under
the laws of another state that are substantially equivalent to that
section, unless, if the decedent died from a virulent communicable
disease, the department of health or board of health having
territorial jurisdiction where the death of the decedent occurred
requires by rule or order the cremation to occur prior to the end of
that period;
(2)
The crematory
or reduction
facility has received a burial or burial-transit permit that
authorizes the cremation
or reduction
of the decedent;
(3)
The crematory
or reduction
facility has received a completed cremation
or reduction
authorization form executed pursuant to section 4717.21 or 4717.24 of
the Revised Code, as applicable, that authorizes the cremation
or reduction
of the decedent. A blank
cremation
authorization
form shall be provided by the crematory
or reduction
facility and shall comply with section 4717.24 of the Revised Code
and, if applicable, section 4717.21 of the Revised Code.
(4)
The crematory
or reduction
facility has received any other documentation required by this state
or a political subdivision of this state.
(B)
No crematory
or reduction facility
operator
or crematory
or reduction
facility shall cremate
or reduce
or allow the cremation
or reduction
of any body parts, including, without limitation, dead human bodies
that were donated to science for purposes of medical research or
education, at a crematory
or reduction
facility licensed to operate in this state until both of the
following have occurred:
(1)
The crematory
or reduction
facility has received a completed cremation
or reduction
authorization form executed pursuant to section 4717.25 of the
Revised Code or, if the decedent has executed an antemortem
cremation
authorization
form in accordance with section 4717.21 of the Revised Code and has
donated the decedent's body to science for purposes of medical
education or research, such an antemortem
cremation
authorization
form;
(2)
The crematory
or reduction
facility has received any other documentation required by this state
or a political subdivision of this state.
Sec.
4717.24.
(A)
A cremation
or reduction
authorization form authorizing the cremation
or reduction
of a dead human body, other than one that was donated to science for
purposes of medical education or research, shall include at least all
of the following information and statements:
(1)
A statement that the decedent has been identified in accordance with
division (B) of this section;
(2)
The name of the funeral director or other individual who obtained the
burial or burial-transit permit authorizing the cremation
or reduction
of the decedent;
(3)
The name of the authorizing agent and the relationship of the
authorizing agent to the decedent;
(4)
A statement that the authorizing agent in fact has the right to
authorize cremation
or reduction
of the decedent and that the authorizing agent does not have actual
knowledge of the existence of any living person who has a superior
priority right to act as the authorizing agent under section 4717.22
of the Revised Code. If the person executing the cremation
or reduction
authorization form knows of another living person who has such a
superior priority right, the authorization form shall include a
statement indicating that the person executing the authorization form
has made reasonable efforts to contact the person having the superior
priority right and has been unable to do so and that the person
executing the authorization form has no reason to believe that the
person having the superior priority right would object to the
cremation
or reduction
of the decedent.
(5)
A statement of whether the authorizing agent has actual knowledge of
the presence in the decedent of a pacemaker, defibrillator, or any
other mechanical or radioactive device or implant that poses a hazard
to the health or safety of personnel performing the cremation
or reduction
;
(6)
A statement indicating the crematory
or reduction
facility is to cremate
or reduce
the casket or alternative container in which the decedent was
delivered to or accepted by the crematory
or reduction
facility;
(7)
A statement of whether the crematory
or reduction
facility is authorized to simultaneously cremate
or reduce
the decedent in the same cremation
or reduction
chamber with one or more other decedents who were related to the
decedent named in the cremation
or reduction
authorization form by consanguinity or affinity or who, at any time
during the one-year period preceding the decedent's death, lived with
the decedent in a common law marital relationship or otherwise
cohabited with the decedent.
A
cremation
An
authorization
form executed under this section shall not authorize the simultaneous
cremation
or reduction
of a decedent in the same
cremation
chamber
with one or more other decedents except under the circumstances
described in the immediately preceding sentence.
(8)
The names of any persons designated by the authorizing agent to be
present in the holding facility or cremation
room
or reduction area
prior
to or during the cremation
or reduction
of the decedent or during the removal of the cremated
or reduced
remains from the cremation
or reduction
chamber;
(9)
The authorization for the crematory
or reduction
facility to cremate
or reduce
the decedent and to process or pulverize the cremated
or reduced
remains as is the practice at the particular crematory
or reduction
facility;
(10)
A statement of whether it is the crematory
or reduction
facility's practice to return all of the residue removed from the
cremation
or reduction
chamber following the cremation
or reduction
or to separate and remove foreign matter from the residue before
returning the cremated
or reduced
remains to the authorizing agent or the person designated on the
authorization form to receive the
cremated
remains
pursuant to division (A)(11) of this section;
(11)
The name of the person who is to receive the cremated
or reduced
remains of the decedent from the crematory
or reduction
facility;
(12)
The manner in which the final disposition of the cremated
or reduced
remains of the decedent is to occur, if known. If the cremation
or reduction
authorization form does not specify the manner of the final
disposition of the
cremated
remains,
it shall indicate that the
cremated
remains
will be held by the crematory
or reduction
facility for thirty days after the cremation
,
or reduction,
unless,
prior to the end of that period, they are picked up from the
crematory
or reduction
facility by the person designated on the
cremation
authorization
form to receive them, the authorizing agent, or, if applicable, the
funeral director who obtained the burial or burial-transit permit for
the decedent, or are delivered or shipped by the crematory
or reduction
facility to one of those persons. The authorization form shall
indicate that if no instructions for the final disposition are
provided on the authorization form and that if no arrangements for
final disposition have been made within the thirty-day period, the
crematory
or reduction
facility may return the
cremated
remains
to the authorizing agent. The authorization form shall further
indicate that if no arrangements for the final disposition of the
cremated
remains
have been made within sixty days after the completion of the
cremation
or reduction
and if the authorizing agent has not picked them up or caused them to
be picked up within that period, the crematory
or reduction facility
operator or crematory
or reduction
facility may dispose of them in accordance with division (C) of
section 4717.27 of the Revised Code.
(13)
A listing of the items of value to be delivered to the crematory
or reduction
facility along with the dead human body, if any, and instructions
regarding how those items are to be handled;
(14)
A statement of whether the authorizing agent has made arrangements
for any type of viewing of the decedent or for a service with the
decedent present prior to the cremation
or reduction
and, if so, the date, time, and place of the service;
(15)
A statement of whether the crematory
or reduction
facility may proceed with the cremation
or reduction
at any time after the conditions set forth in division (A) of section
4717.23 of the Revised Code have been met and the decedent has been
received at the facility;
(16)
The certification of the authorizing agent to the effect that all of
the information and statements contained in the authorization form
are accurate;
(17)
The signature of the authorizing agent and the signature of at least
one witness who observed the authorizing agent execute the cremation
or reduction
authorization form.
(B)
In making the identification of the decedent required by division
(A)(1) of this section, the funeral home arranging the cremation
or reduction
shall require the authorizing agent or the agent's appointed
representative to visually identify the decedent's remains or a
photograph or other visual image of the remains. If identification is
by photograph or other visual image, the authorizing agent or
representative shall sign the photograph or other visual image. If
visual identification is not feasible, other positive identification
of the decedent may be used including, but not limited to, reliance
upon an identification made through the coroner's office or
identification of photographs or other visual images of scars,
tattoos, or physical deformities taken from the decedent's remains.
(C)
An authorizing agent who is not available to execute a cremation
or reduction
authorization form in person may designate another individual to
serve as the authorizing agent by providing to the crematory
or reduction
facility where the cremation
or reduction
is to occur a written designation, signed by the authorizing agent
and by a witness who observed the authorizing agent execute the
designation, authorizing that other individual to serve as the
authorizing agent. Any such written designation shall contain the
name of the decedent, the name and address of the authorizing agent,
the relationship of the authorizing agent to the decedent, and the
name and address of the individual who is being designated to serve
as the authorizing agent. Upon receiving such a written designation,
the operator shall permit the individual named in the written
designation to serve as the authorizing agent and to execute the
cremation
authorization
form authorizing the cremation
or reduction
of the decedent named in the written designation.
(D)
An authorizing agent who signs a cremation
or reduction
authorization form under this section is hereby deemed to warrant the
accuracy of the information and statements contained in such
authorization form, including the identification of the decedent and
the agent's authority to authorize the cremation
or reduction
.
A funeral home and its employees are not responsible for verifying
the accuracy of any information or statements the authorizing agent
made on the authorization form, unless the funeral home or its
employees have actual knowledge to the contrary regarding any such
information or statement. When delivering the decedent's remains to a
crematory
or reduction
facility or in carrying out the disposition in its own facility, the
funeral home is responsible for having the decedent identified
pursuant to division (B) of this section and carrying out the
obligations imposed on the funeral home by division (B) of section
4717.29 of the Revised Code.
(E)
At any time after executing a cremation
or reduction
authorization form and prior to the beginning of the cremation
or reduction
process, the authorizing agent who executed the
cremation
authorization
form under division (A) or (C) of this section may, in writing,
modify the arrangements for the final disposition of the cremated
or reduced
remains of the decedent set forth in the authorization form or may,
in writing, revoke the authorization, cancel the cremation
,
or reduction,
and claim the decedent's body for purposes of making alternative
arrangements for the final disposition of the decedent's body. The
crematory
or reduction
facility shall cancel the cremation
or reduction
if the crematory
or reduction
facility receives such a revocation before beginning the cremation
or reduction
.
(F)
A cremation
or reduction
authorization form executed under this section does not constitute a
contract for conducting the cremation
or reduction
of the decedent named in the authorization form or for the final
disposition of the cremated
or reduced
remains of the decedent. The revocation of
a
cremation
an
authorization
form or modification of the arrangements for the final disposition of
the
cremated
remains
of the decedent pursuant to division (E) of this section does not
affect the validity or enforceability of any contract for the
cremation
or reduction
of the decedent named in the authorization form or for the final
disposition of the
cremated
remains
of the decedent.
Sec.
4717.25.
(A)
A cremation
or reduction
authorization form authorizing the cremation
or reduction
of any body parts, including, without limitation, dead human bodies
that were donated to science for purposes of medical education or
research shall include at least all of the following information and
statements, as applicable:
(1)
The identity of the decedent whose body was donated to science for
purposes of medical education or research or the identity of the
living person or such a decedent from whom the body parts were
removed;
(2)
The name of the authorizing agent and the relationship of the
authorizing agent to the decedent or the living person from whom the
body parts were removed;
(3)
A statement that the authorizing agent in fact has the right to
authorize the cremation
or reduction
of the decedent or the body parts removed from the decedent or living
person and a description of the basis of the person's right to
execute the cremation
or reduction
authorization form;
(4)
A statement of whether the crematory
or reduction
facility is authorized to simultaneously cremate
or reduce
the decedent or body parts removed from the decedent or living person
with one or more other decedents whose bodies were donated to science
for purposes of medical education or research or with body parts
removed from one or more other decedents or living persons;
(5)
The authorization for the crematory
or reduction
facility to cremate
or reduce
the decedent or body parts removed from the decedent or living person
and to process or pulverize the cremated
or reduced
remains as is the practice at the particular crematory
or reduction
facility;
(6)
A statement of whether it is the crematory
or reduction
facility's practice to return all of the residue removed from the
cremation
or reduction
chamber following the cremation
or reduction
or to separate and remove foreign matter from the residue before
returning the cremated
or reduced
remains to the authorizing agent or the authorizing agent's designee;
(7)
The name of the person who is to receive the cremated
or reduced
remains from the crematory
or reduction
facility;
(8)
The manner in which the final disposition of the cremated
or reduced
remains is to occur, if known. If the cremation
or reduction
authorization form does not specify the manner of the final
disposition of the
cremated
remains,
it shall indicate that the
cremated
remains
will be held by the crematory
or reduction
facility for thirty days after the cremation
or reduction
,
unless, prior to the end of that period, they are picked up from the
crematory
or reduction
facility by the person designated on the authorization form to
receive them or by the authorizing agent, or are delivered or shipped
by the crematory
or reduction
facility to one of those persons. The authorization form shall
indicate that if no instructions for the final disposition of the
cremated
remains
are provided on the authorization form and that if no arrangements
for final disposition have been made within the thirty-day period,
the crematory
or reduction
facility may return the
cremated
remains
to the authorizing agent. The authorization form shall further
indicate that if no arrangements for the final disposition of the
cremated
remains
have been made within sixty days after the cremation
or reduction
and if the authorizing agent or person designated on the
authorization form to receive the
cremated
remains
has not picked them up or caused them to be picked up within that
period, the crematory
or reduction facility
operator or the crematory
or reduction
facility may dispose of them in accordance with division (C)(1) or
(2) of section 4717.27 of the Revised Code.
(9)
The certification of the authorizing agent to the effect that all of
the information and statements contained in the authorization form
are accurate.
(B)
An authorizing agent who signs a cremation
or reduction
authorization form under this section is hereby deemed to warrant the
accuracy of the information and statements contained in the
authorization form, including the person's authority to authorize the
cremation
or reduction
.
(C)
At any time after executing a cremation
or reduction
authorization form and prior to the beginning of the cremation
or reduction
process, an authorizing agent who executed
a
cremation
an
authorization
form under this section may, in writing, revoke the authorization,
cancel the cremation
or reduction
,
and claim the decedent's body or the body parts for purposes of
making alternative arrangements for the final disposition of the
decedent's body or the body parts. The crematory
or reduction
facility shall cancel the cremation
or reduction
if the crematory
or reduction
facility receives such a revocation before beginning the cremation
or reduction
.
(D)
A cremation
or reduction
authorization form executed under this section does not constitute a
contract for conducting the cremation
or reduction
of the decedent named in the authorization form or body parts removed
from the decedent or living person named in the form or for the final
disposition of the cremated
or reduced
remains of the decedent or body parts. The revocation of
a
cremation
an
authorization
form or modification of the arrangements for the final disposition of
the
cremated
remains
of the decedent or the body parts pursuant to division (C) of this
section does not affect the validity or enforceability of any
contract for the cremation
or reduction
of the decedent named in the authorization form, the cremation
or reduction
of body parts from the decedent or living person named in the
authorization form, or the final disposition of the
cremated
remains
of the decedent or body parts.
Sec.
4717.26.
(A)
The crematory
or reduction
facility may schedule the time for the cremation
or reduction
of a dead human body to occur at the crematory
or reduction
facility's own convenience at any time after the conditions set forth
in division (A) or (B) of section 4717.23 of the Revised Code, as
applicable, have been met and the decedent or body parts have been
delivered to the facility, unless, in the case of a dead human body,
the crematory
or reduction
facility has received specific instructions to the contrary on the
cremation
or reduction
authorization form authorizing the cremation
or reduction
of the decedent executed under section 4717.21, 4717.24, or 4717.25
of the Revised Code. The crematory
or reduction
facility becomes responsible for a dead human body or body parts when
the body or body parts have been delivered to or accepted by the
facility or an employee or agent of the facility.
(B)
No crematory
or reduction facility
operator or crematory
or reduction
facility shall fail to do either of the following:
(1)
Upon receipt at the crematory
or reduction
facility of any dead human body that has not been embalmed, and
subject to the prohibition set forth in division (C)(1) of this
section, place the body in a holding or refrigerated facility at the
crematory
or reduction
facility and keep the body in the holding or refrigerated facility
until near the time the cremation
or reduction
process commences or until the body is held at the facility for eight
hours or longer. If the body is held for eight hours or longer, place
the body in a refrigerated facility at the crematory
or reduction
facility and keep the body in the refrigerated facility until near
the time the cremation process commences;
(2)
Upon receipt of any dead human body that has been embalmed, place the
body in a holding facility at the crematory
or reduction
facility and keep the body in the holding facility until the
cremation
or reduction
process commences.
(C)
No crematory
or reduction facility
operator or crematory
or reduction
facility
shall do either of the following, unless the instructions contained
in the cremation
or reduction
authorization form authorizing the cremation
or reduction
of the decedent executed under section 4717.21, 4717.24, or 4717.25
of the Revised Code specifically provide otherwise:
(1)
Remove any dead human body from the casket or alternative container
in which the body was delivered to or accepted by the crematory
or reduction
facility;
(2)
Fail to cremate
or reduce
the casket or alternative container in which the body was delivered
or accepted, in its entirety with the body.
(D)
No crematory
or reduction
facility shall simultaneously cremate
or reduce
more than one decedent or body parts removed from more than one
decedent or living person in the same cremation
or reduction
chamber unless the cremation
or reduction
authorization forms executed under section 4717.21, 4717.24, or
4717.25 of the Revised Code authorizing the cremation
or reduction
of each of the decedents or body parts removed from each decedent or
living person specifically authorize such a simultaneous cremation
or reduction
.
This division does not prohibit the use of cremation
or reduction
equipment that contains more than one cremation
or reduction
chamber.
(E)
No crematory
or reduction
facility shall permit any persons other than employees of the
crematory
or reduction
facility, the authorizing agent for the cremation
or reduction
of the decedent who is to be, is being, or was cremated
or reduced
,
persons designated to be present at the cremation
or reduction
of the decedent on the cremation
or reduction
authorization form executed under section 4717.21 or 4717.24 of the
Revised Code, and persons authorized by the individual who is
actually in charge of the crematory
or reduction
facility, to be present in the holding facility or cremation
room
or reduction area
while
any dead human bodies or body parts are being held there prior to
cremation
or reduction
or are being cremated
or reduced
or while any cremated
or reduced
remains are being removed from the cremation
or reduction
chamber.
(F)(1)
No crematory
or reduction
facility shall remove any dental gold, body parts, organs, or other
items of value from a dead human body prior to the cremation
or reduction
or from the cremated
or reduced
remains after cremation
or reduction
unless
the cremation
or reduction
authorization form authorizing the cremation
or reduction
of the decedent executed under section 4717.21 or 4717.24 of the
Revised Code specifically authorizes the removal thereof.
(2)
No crematory
or reduction
facility that removes any dental gold, body parts, organs, or other
items from a dead human body or assists in such removal shall charge
a fee for doing so that exceeds the actual cost to the crematory
or reduction
facility for performing or assisting in the removal.
(G)
Upon the completion of each cremation
or reduction
,
the crematory
or reduction
facility shall remove from the cremation
or reduction
chamber all of the cremation
or reduction
residue that is practicably recoverable. If the cremation
or reduction
authorization form executed under section 4717.21, 4717.24, or
4717.25 of the Revised Code specifies that the cremated
or reduced
remains are to be placed in an urn, the crematory
or reduction
facility shall place them in the type of urn specified on the
authorization form. If the authorization form does not specify that
the
cremated
remains
are to be placed in an urn, the crematory
or reduction
facility shall place them in a temporary container. If not all of the
recovered
cremated
remains
will fit in the urn selected or the temporary container, the
crematory
or reduction
facility shall place the remainder in a separate temporary container,
and the
cremated
remains
placed in the separate temporary container shall be delivered,
released, or disposed of along with those in the urn or other
temporary container. Nothing in this section requires a crematory
or reduction
facility to recover any specified quantity or quality of
cremated
remains
upon the completion of a cremation
or reduction
,
but only requires a crematory
or reduction
facility to recover from the
cremation
chamber
all of the
cremation
residue
that is practicably recoverable.
(H)
No crematory
or reduction
facility shall knowingly represent to an authorizing agent or a
designee of an authorizing agent that an urn or temporary container
contains the recovered cremated
or reduced
remains of a specific decedent or of body parts removed from a
specific decedent or living person when it does not. This division
does not prohibit the making of such a representation because of the
presence in the recovered
cremated
remains
of de minimus amounts of the
cremated
remains
of another decedent or of body parts removed from another decedent or
living person that were not practicably recoverable and that remained
in the cremation
or reduction
chamber after the
cremated
remains
from previous cremations
or reductions
were removed.
(I)
No crematory
or reduction
facility or funeral director shall ship or cause to be shipped any
cremated
or reduced
remains by a class or method of mail, common carrier service, or
delivery service that does not have an internal system for tracing
the location of the
cremated
remains
during shipment and that does not require a signed receipt from the
person accepting delivery of the
cremated
remains.
(J)
No crematory
or reduction
facility shall fail to establish and maintain a system for accurately
identifying each dead human body in the facility's possession, and
for identifying each decedent or living person from which body parts
in the facility's possession were removed, throughout all phases of
the holding and
the
cremation
or reduction
process.
(K)
No crematory
or reduction
facility shall knowingly use or allow the use of the same cremation
or reduction
chamber for the cremation
or reduction
of dead human bodies, or human body parts, and animals.
Sec.
4717.27.
(A)
The authorizing agent who executed the cremation
or reduction
authorization form authorizing the cremation
or reduction
of a decedent under section 4717.24 of the Revised Code or the
cremation
or reduction
of body parts under section 4717.25 of the Revised Code is ultimately
responsible for the final disposition of the cremated
or reduced
remains of the decedent or body parts.
(B)
If the cremation
or reduction
authorization form does not contain instructions for the final
disposition of the cremated
or reduced
remains of the decedent or body parts, if no arrangements for the
disposition of the
cremated
remains
are made within thirty days after the completion of the cremation
or reduction
,
and if the
cremated
remains
have not been picked up within that thirty-day period by the person
designated to receive them on the authorization form or, in the
absence of such a designated person, by the authorizing agent, the
crematory
or reduction
facility or the funeral home holding the unclaimed
cremated
remains,
at the end of that thirty-day period, may release or deliver them in
person to, or cause their delivery by a method described in division
(I) of section 4717.26 of the Revised Code that is acceptable under
that division to, the person designated to receive them on the
cremation
authorization
form or, if no person has been so designated, to the authorizing
agent.
(C)(1)
If the cremation
or reduction
authorization form does not contain instructions for the final
disposition of the cremated
or reduced
remains of the decedent or body parts, if no arrangements for the
final disposition of the
cremated
remains
are made within sixty days after the completion of the cremation
or reduction
,
and if the
cremated
remains
have not been picked up by the person designated on the authorization
form to receive them or, in the absence of such a designated person,
by the authorizing agent, the crematory
or reduction
facility or the funeral home holding the unclaimed
cremated
remains
may dispose of the
cremated
remains
in a grave, crypt, or niche, by scattering them in any dignified
manner, including in a memorial garden, at sea, by air, or at any
scattering grounds described in section 1721.21 of the Revised Code,
or in any other lawful manner, at any time after the end of that
sixty-day period.
(2)
If the cremation
or reduction
authorization form specifies the manner of the final disposition of
the cremated
or reduced
remains, or if within sixty days after the completion of the
cremation
or reduction
the authorizing agent makes arrangements for the final disposition of
the
cremated
remains,
and if either the arrangements have not been carried out within that
sixty-day period because of the inaction of a party other than the
operator of the crematory
or reduction
facility or the funeral home holding the unclaimed
cremated
remains,
or the authorizing agent fails to pick up the
cremated
remains
within that sixty-day period, the crematory
or reduction
facility or the funeral home holding the unclaimed
cremated
remains
may dispose of the
cremated
remains
in a grave, crypt, or niche, by scattering them in any dignified
manner, including in a memorial garden, at sea, by air, or at any
scattering grounds described in section 1721.21 of the Revised Code,
or in any other lawful manner, at any time after the end of that
period.
(3)
If cremated
or reduced
remains of a decedent who was eighteen years or older at the time of
death are unclaimed under divisions (C)(1) and (2) of this section,
the crematory facility
,
reduction facility,
or
the
funeral
home holding the
cremated
remains
shall, before disposing of the unclaimed
cremated
remains,
notify the secretary of the United States department of veterans
affairs of the name of, and other identifying information related to,
the decedent. If, within sixty days of the notification, the
secretary of the department of veterans affairs notifies the
crematory facility
,
reduction facility,
or funeral home that the decedent was a veteran who is eligible for
burial in a national cemetery under the control of the national
cemetery administration and that the secretary agrees to provide for
the cost of the transportation and burial of the unclaimed
cremated
remains
in a national cemetery, the crematory facility
,
reduction facility,
or funeral home shall follow the directions of the secretary and
arrange for the burial of the unclaimed remains in the national
cemetery at the secretary's expense. If the secretary does not assume
the right to direct the burial of the unclaimed remains within sixty
days of the notification by the crematory facility
,
reduction facility,
or funeral home, the crematory facility
,
reduction facility,
or funeral home may carry out the disposition of the unclaimed
remains under divisions (C)(1) and (2) of this section.
(4)
When cremated
or reduced
remains are disposed of in accordance with division (C)(1) or (2) of
this section, the authorizing agent who executed the cremation
or reduction
authorization form authorizing the cremation
or reduction
of the decedent or body parts under section 4717.24 or 4717.25 of the
Revised Code is liable to the crematory facility
,
reduction facility,
or
the
funeral
home for the cost of the final disposition, which cost shall not
exceed the reasonable cost for disposing of the
cremated
remains
in a common grave or crypt in the county where the
cremated
remains
were buried or placed in a grave, crypt or niche, or scattered.
(D)(1)
Except as provided in division (D)(2) of this section, no person
shall do either of the following:
(a)
Dispose of the cremated
or reduced
remains of a dead human body or body parts in such a manner or in
such a location that the
cremated
remains
are commingled with those of another decedent or body parts removed
from another decedent or living person;
(b)
Place the cremated
or reduced
remains of more than one decedent or of body parts removed from more
than one decedent or living person in the same urn or temporary
container.
(2)
Division (D)(1) of this section does not prohibit any of the
following:
(a)
The scattering of cremated
or reduced
remains at sea or by air or in a dedicated area at a cemetery used
exclusively for the scattering on the ground of the
cremated
remains
of dead human bodies or body parts.
(b)
The commingling of the cremated
or reduced
remains of more than one decedent or of body parts removed from more
than one decedent or living person or the placement in the same urn
or temporary container of the
cremated
remains
of more than one decedent or of body parts removed from more than one
decedent or living person when each authorizing agent who executed
the cremation
or reduction
authorization form authorizing the cremation
or reduction
of each of the decedents or body parts removed from each of the
decedents or living persons under section 4717.21, 4717.24, or
4717.25 of the Revised Code authorized the commingling of the
cremated
remains
or the placement of the
cremated
remains
in the same urn or temporary container on the authorization form.
(c)
The commingling, by the individual designated on the cremation
or reduction
authorization form authorizing the cremation
or reduction
of the decedent or body parts to receive the cremated
or reduced
remains, other than a funeral director or employee of a cemetery, or
by the authorizing agent who executed the
cremation
authorization
form, after receipt of the
cremated
remains,
of the
cremated
remains
with those of another decedent or of body parts removed from another
decedent or living person or the placing of them by any such person
in the same urn or temporary container with those of another decedent
or of body parts removed from another decedent or living person.
Sec.
4717.28.
(A)
No crematory
or reduction
facility shall fail to ensure that a written receipt is provided to
the person who delivers a dead human body or body parts to the
facility for cremation
or reduction
.
If the dead human body is other than one that was donated to science
for purposes of medical education or research, the receipt shall be
signed by both a representative of the crematory
or reduction
facility and the person who delivered the decedent to the crematory
or reduction
facility and shall indicate the name of the decedent; the date and
time of delivery; the type of casket or alternative container in
which the decedent was delivered to the facility; the name of the
person who delivered the decedent to the facility; if applicable, the
name of the funeral home or other establishment with whom the
delivery person is affiliated; and the name of the person who
received the decedent on behalf of the facility. If the dead human
body was donated to science for purposes of medical education or
research, the receipt shall consist of a copy of the cremation
or reduction
authorization form executed under section 4717.21, 4717.24, or
4717.25 of the Revised Code that authorizes the cremation
or reduction
of the decedent or body parts that has been signed by both a
representative of the crematory
or reduction
facility and the person who delivered the decedent or body parts to
the crematory
or reduction
facility and that indicates the date and time of the delivery. The
operator may provide the copy of the receipt to the person who
delivered the decedent or body parts to the facility either in person
or by certified mail, return receipt requested.
(B)
No crematory
or reduction
facility shall fail to ensure at the time of releasing cremated
or reduced
remains that a written receipt signed by both a representative of the
crematory
or reduction
facility and the person who received the
cremated
remains
is provided to the person who received the
cremated
remains.
Unless the
cremated
remains
are those of a dead human body that was donated to science for
purposes of medical education or research or are those of body parts,
the receipt shall indicate the name of the decedent; the date and
time of the release; the name of the person to whom the
cremated
remains
were released; if applicable, the name of the funeral home, cemetery,
or other entity to whom the
cremated
remains
were released; and the name of the person who released the
cremated
remains
on behalf of the crematory
or reduction
facility. If the
cremated
remains
are those of a dead human body that was donated to science for
purposes of medical education or research or are those of body parts,
the receipt shall consist of a copy of the cremation
or reduction
authorization form executed under section 4717.21, 4717.24, or
4717.25 of the Revised Code that authorizes the cremation
or reduction
of the decedent or body parts that has been signed by both a
representative of the crematory
or reduction
facility and the person who received the
cremated
remains
and that indicates the date and time of the release. If the
cremated
remains
were delivered to the authorizing agent or other individual
designated on the
cremation
authorization
form by a method described in division (I) of section 4717.26 of the
Revised Code that is acceptable under that division, the receipt
required by this division shall accompany the
cremated
remains,
and the signature of the authorizing agent or other designated
individual on the delivery receipt meets the requirement of this
division that the person receiving the
cremated
remains
sign the receipt provided by the crematory
or reduction
facility.
(C)
For each cremation
or reduction
carried out at a crematory
or reduction
facility, the crematory
or reduction
facility shall make and keep on file the following records and
documents for the time period described in division (E) of this
section:
(1)
A copy of each receipt issued upon acceptance by or delivery to the
crematory
or reduction
facility of a dead human body under division (A) of this section;
(2)
A copy of each delivery receipt issued under division (B) of this
section;
(3)
A record of each cremation
or reduction
conducted at the facility, containing at least the name of the
decedent or, in the case of body parts, the name of the decedent or
living person from whom the body parts were removed, the date and
time of the cremation
,
or reduction,
and the final disposition made of the cremated
or reduced
remains;
(4)
A separate record of the cremated
or reduced
remains of each decedent or the body parts removed from each decedent
or living person that were disposed of in accordance with division
(C)(1) or (2) of section 4717.27 of the Revised Code, containing at
least the name of the decedent, the date and time of the cremation
,
or reduction,
and the location, date, and manner of final disposition of the
cremated
remains.
(D)
All records required to be maintained under sections 4717.21 to
4717.30 of the Revised Code are subject to inspection by the board of
embalmers and funeral directors or an authorized representative of
the board, upon reasonable notice, at any reasonable time.
(E)
The documents listed in divisions (C)(1) and (2) of this section
shall be retained for the shorter of the time that the crematory
or reduction
facility remains engaged in the business of cremating
or reducing
dead human bodies or body parts or ten years following the date of
the cremation. The documents listed in divisions (C)(3) and (4) of
this section shall be retained during the time that the crematory
or reduction
facility remains engaged in the business of cremating
or reducing
dead human bodies or body parts.
Sec.
4717.29.
(A)
A person executing a cremation
or reduction
authorization form as the authorizing agent under section 4717.24 of
the Revised Code shall use diligent efforts to determine whether a
pacemaker, cardiac defibrillator, or any other mechanical or
radioactive device or implant is present in the decedent's body that
poses a hazard to the health or safety of the personnel of the
crematory
or reduction facility
or to the cremation
or reduction
chamber during the cremation
or reduction
process and shall indicate the presence of the device or implant on
the
cremation
authorization
form. If the decedent is to be delivered to the crematory
or reduction
facility by a funeral director, the person executing the
authorization form shall inform the funeral director of the presence
of the device or implant.
(B)
If a funeral director delivers the decedent to a crematory
or reduction
facility, the funeral director shall take reasonable precautions to
ensure necessary actions are taken to remove a device or implant from
the decedent, or to render the device or implant nonhazardous prior
to delivering the decedent to the crematory
or reduction
facility.
Sec.
4717.30.
(A)
A crematory
or reduction facility
operator, crematory
or reduction
facility, funeral director, or funeral home is not liable in damages
in a civil action for any of the following actions or omissions,
unless the actions or omissions were made with malicious purpose, in
bad faith, or in a wanton or reckless manner or unless any of the
conditions set forth in divisions (B)(1) to (3) of this section
apply:
(1)(a)
For having arranged or performed the cremation
or reduction
of the decedent, or having released or disposed of the cremated
or reduced
remains, in accordance with the instructions set forth in the
cremation
or reduction
authorization form executed by the decedent on an antemortem basis
under section 4717.21 of the Revised Code;
(b)
For having arranged or performed the cremation
or reduction
of the decedent or body parts removed from the decedent or living
person or having released or disposed of the cremated
or reduced
remains in accordance with section 4717.27 of the Revised Code or the
instructions set forth in a cremation
or reduction
authorization form executed by the person authorized to serve as the
authorizing agent for the cremation
or reduction
of the decedent or for the cremation
or reduction
of body parts of the decedent or living person, named in the
cremation
authorization
form executed under section 4717.24 or 4717.25 of the Revised Code.
(2)
For having arranged or performed the cremation
or reduction
of the decedent, or having released or disposed of the cremated
or reduced
remains, in accordance with section 4717.27 of the Revised Code or
the instructions set forth in the cremation
or reduction
authorization form executed by a designated agent under division (C)
of section 4717.24 of the Revised Code.
(B)
The crematory
or reduction facility
operator, crematory
or reduction
facility, funeral director, or funeral home is not liable in damages
in a civil action for refusing to accept a dead human body or body
parts or to perform a cremation
or reduction
under any of the following circumstances, unless the refusal was made
with malicious purpose, in bad faith, or in a wanton or reckless
manner:
(1)
The crematory
or reduction facility
operator, crematory
or reduction
facility, funeral director, or funeral home has actual knowledge that
there is a dispute regarding the cremation
or reduction
of the decedent or body parts, until such time as the crematory
or reduction facility
operator, crematory
or reduction
facility, funeral director, or funeral home receives an order of the
probate court having jurisdiction ordering the cremation
or reduction
of the decedent or body parts or until the crematory
or reduction facility
operator, crematory
or reduction
facility, funeral director, or funeral home receives from the parties
to the dispute a copy of a written agreement resolving the dispute
and authorizing the cremation
or reduction
to be performed.
(2)
The crematory
or reduction facility
operator, crematory
or reduction
facility, funeral director, or funeral home has a reasonable basis
for questioning the accuracy of any of the information or statements
contained in a cremation
or reduction
authorization form executed under section 4717.21, 4717.24, or
4717.25 of the Revised Code, as applicable, that authorizes the
cremation
or reduction
of the decedent or body parts.
(3)
The crematory
or reduction facility
operator, crematory
or reduction
facility, funeral director, or funeral home has any other lawful
reason for refusing to accept the dead human body or body parts or to
perform the cremation
or reduction
.
(C)
A crematory
or reduction facility
operator, crematory
or reduction
facility, funeral director, or funeral home is not liable in damages
in a civil action for refusing to release or dispose of the cremated
or reduced
remains of a decedent or body parts when the crematory
or reduction facility
operator, crematory
or reduction
facility, funeral director, or funeral home has actual knowledge that
there is a dispute regarding the release or final disposition of the
cremated
remains
in connection with any damages sustained, prior to the time the
crematory
or reduction facility
operator, crematory
or reduction
facility, funeral home, or funeral director receives an order of the
probate court having jurisdiction ordering the release or final
disposition of the
cremated
remains,
or prior to the time the crematory
or reduction facility
operator, crematory
or reduction
facility, funeral director, or funeral home receives from the parties
to the dispute a copy of a written agreement resolving the dispute
and authorizing the cremation
or reduction
to be performed.
(D)
A crematory
or reduction facility
operator, crematory
or reduction
facility, funeral director, or funeral home is not liable in damages
in a civil action in connection with the cremation
or reduction
of, or disposition of the cremated
or reduced
remains of, any dental gold, jewelry, or other items of value
delivered to the crematory
or reduction
facility or funeral home with a dead human body or body parts, unless
either or both of the following apply:
(1)
The cremation
or reduction
authorization form authorizing the cremation
or reduction
of the decedent or body parts executed under section 4717.21,
4717.24, or 4717.25 of the Revised Code, as applicable, contains
specific instructions for the removal or recovery and disposition of
any such dental gold, jewelry, or other items of value prior to the
cremation
or reduction
,
and the crematory
or reduction facility
operator, crematory
or reduction
facility, funeral director, or funeral home has failed to comply with
the written instructions.
(2)
The actions or omissions of the crematory
or reduction facility
operator, crematory
or reduction
facility, funeral director, or funeral home were made with malicious
purpose, in bad faith, or in a wanton or reckless manner.
(E)(1)
This section does not create a new cause of action against or
substantive legal right against a crematory
or reduction facility
operator, crematory
or reduction
facility, funeral director, or funeral home.
(2)
This section does not affect any immunities from civil liability or
defenses established by another section of the Revised Code or
available at common law to which a crematory
or reduction facility
operator, crematory
or reduction
facility, funeral director, or funeral home may be entitled under
circumstances not covered by this section.
Sec.
4717.36.
(A)
This section applies only to preneed funeral contracts that are
funded by any means other than an insurance policy or policies, or an
annuity or annuities.
No
money in a preneed funeral contract trust shall be distributed from
the trust except as provided in this section.
(B)
A seller of a preneed funeral contract that stipulates a fixed or
firm or guaranteed price for funeral services and funeral goods to be
provided under a preneed funeral contract may charge an initial
service fee not to exceed ten per cent of the total amount of all
payments to be paid under the preneed funeral contract for such
guaranteed price funeral services and funeral goods. If the amount to
be paid by the purchaser is to be paid in installments, the seller
may collect the initial service fee only after all of the
installments have been paid.
(C)(1)
Except for the following, all payments made by the purchaser of a
preneed funeral contract shall be made in the form of a check,
cashier's check, money order, or debit or credit card, payable only
to the trustee of the preneed funeral contract trust or to the
trustee's designated depository:
(a)
The initial service fee permitted by division (B) of this section;
(b)
The fee collected under division
(A)(14)
(A)(18)
of section 4717.07 of the Revised Code;
(c)
Any applicable sales tax.
(2)
If the purchaser makes payment in the form of a check made payable to
the seller, the seller may, within five business days of receiving
the check, sign over and forward the check to the trustee or the
trustee's designated depository.
(3)
Within thirty days of the seller receiving any form of payment made
payable to the trustee or the trustee's designee, the seller shall
remit the payment to the trustee or the trustee's designee unless the
purchaser rescinds the preneed funeral contract in accordance with
division (A) of section 4717.34 of the Revised Code. The funds
deposited with the trustee shall remain intact and held in trust for
the contract beneficiary.
(D)
The seller shall establish a preneed funeral contract trust at one of
the following types of institutions and shall designate that
institution as the trustee of the preneed funeral contract trust:
(1)
A trust company licensed under Chapter 1111. of the Revised Code;
(2)
A national bank, federal savings bank, or federal savings association
that pledges securities in accordance with section 1111.04 of the
Revised Code;
(3)
A credit union authorized to conduct business in this state pursuant
to Chapter 1733. of the Revised Code.
(E)
Moneys deposited in a preneed funeral contract trust fund shall be
held and invested in the manner in which trust funds are permitted to
be held and invested pursuant to Chapter 1111. of the Revised Code.
(F)
The seller shall establish a separate preneed funeral contract trust
for the moneys paid under each preneed funeral contract, unless the
purchaser or purchasers of a preneed funeral contract or contracts
authorize the seller to place the moneys paid for that contract or
those contracts in a combined preneed funeral contract trust. The
trustee of a combined preneed funeral contract trust shall keep exact
records of the corpus, income, expenses, and disbursements with
regard to each purchaser and contract beneficiary for whom moneys are
held in the trust. The terms of a preneed funeral contract trust are
governed by this section and the payments from that trust are
governed by Chapter 1111. of the Revised Code, except as otherwise
provided in this section.
A
trustee of a preneed funeral contract trust may pay taxes and
expenses for a preneed funeral contract trust and may charge a fee
for managing a preneed funeral contract trust. The fee shall not
exceed the amount regularly or usually charged for similar services
rendered by the institutions described in division (D) of this
section when serving as a trustee.
(G)
If the purchaser of a preneed funeral contract that is revocable
elects to cancel the contract, the purchaser shall provide a written
notice to the seller of the contract and the trustee of the preneed
funeral contract trust stating that the purchaser intends to cancel
the contract. Fifteen days after the purchaser provides that notice
to the seller and trustee, the purchaser may cancel the contract.
Upon canceling a preneed funeral contract pursuant to this division,
one of the following shall occur, as applicable:
(1)
If the preneed funeral contract does not stipulate a firm or fixed or
guaranteed price for funeral goods and funeral services to be
provided under the preneed funeral contract, the trustee shall give
to the purchaser all of the assets of the trust that exist at the
time of cancellation, less any fees charged, distributions paid, and
expenses incurred by the trustee pursuant to division (F) of this
section.
(2)
If the preneed funeral contract does stipulate a firm or fixed or
guaranteed price for funeral goods and funeral services to be
provided under the contract, the purchaser may request and receive
from the trustee all of the assets of the trust at the time of
cancellation, less a cancellation fee that the original seller may
collect from the trustee that is equal to or less than ten per cent
of the value of the assets of the trust on the date the trust is
cancelled, provided, however, that to the extent the original seller
took an initial service fee as permitted by division (B) of this
section, the aggregate amount of the cancellation fee and the initial
service fee may not exceed ten per cent of the value of those assets.
In addition to any cancellation fee, there may also be deducted any
fees charged, distributions paid, and expenses incurred by the
trustee pursuant to division (F) of this section.
If
more than one purchaser enters into the contract, all of those
purchasers must request cancellation of the contract for it to be
effective under this division, and the trustee shall refund to each
purchaser only those funds that purchaser has paid under the contract
and any income earned on those funds in an amount that is in direct
proportion to the amount of funds that purchaser paid relative to the
total amount of payments deposited in that trust, less any fees
charged, distributions paid, and expenses incurred by the trustee
pursuant to division (F) of this section, the amount of which are in
direct proportion to the amount of funds that purchaser paid relative
to the total amount of payments deposited in that trust.
(H)
The purchaser of a preneed funeral contract that is irrevocable may
transfer the preneed funeral contract to a successor seller. A
purchaser who elects to make such a transfer shall provide a written
notice of the designation of a successor seller to the trustee and
the original seller. Within fifteen days after receiving the written
notice of the new designation from the purchaser, the trustee shall
list the successor seller as the seller of the preneed funeral
contract and the original seller shall relinquish and transfer all
rights under the preneed funeral contract to the successor seller.
The trustee shall confirm the transfer by providing written notice of
the transfer to the original seller, the successor seller, and the
purchaser. If the preneed funeral contract stipulates a firm or fixed
or guaranteed price for the funeral goods and funeral services to be
provided under the preneed funeral contract, the original seller may
collect from the trustee a transfer fee from the trust that equals up
to ten per cent of the value of the assets of the trust on the date
the trust is transferred, provided, however, that to the extent the
original seller took an initial service fee as permitted by division
(B) of this section, the aggregate amount of the transfer fee and the
initial service fee may not exceed ten per cent of the value of those
assets. If the preneed funeral contract does not stipulate a firm or
fixed or guaranteed price for funeral goods and funeral services to
be provided under the preneed funeral contract, no transfer fee shall
be collected by the original seller.
(I)
If a seller of a preneed funeral contract elects to transfer a
preneed funeral contract trust from an institution listed in
divisions (D)(1) to (3) of this section to a different institution,
the trustee of the original trust shall notify the purchaser of the
preneed funeral contract of that transfer in writing within thirty
days after the transfer occurred and shall provide the purchaser with
the name of and the contact information for the institution where the
new trust is maintained. Upon receipt of the trust, the trustee of
the transferred trust shall notify the purchaser of the receipt of
the trusts in accordance with division (A) of section 4717.33 of the
Revised Code.
(J)(1)
If a seller receives a notice that the contract beneficiary has died
and that funeral goods and funeral services have been provided by a
provider other than the seller, the seller shall direct the trustee,
within thirty days after receiving that notice, to pay to the
provider that provided the funeral goods and services, if still
unpaid, all funds held by the trustee, less any fees charged,
distributions paid, and expenses incurred by the trustee pursuant to
division (F) of this section.
(2)
If the provider has already been paid for providing the funeral goods
and funeral services to the contract beneficiary, the seller shall
direct the trustee to pay to the estate of the contract beneficiary
or, if no estate has been opened, to any person with the right of
disposition under section 2108.81 of the Revised Code all funds held
by the trustee, less any fees charged, distributions paid, and
expenses incurred by the trustee pursuant to division (F) of this
section. The trustee shall make a reasonable attempt to pay the
estate or person with the right of disposition within one hundred
eighty days of receipt of notice that the contract beneficiary has
died. If the trustee is unable to make payment within one hundred
eighty days, the trustee shall report and remit the funds to the
director of commerce pursuant to Chapter 169. of the Revised Code.
(3)
In the event the preneed funeral contract stipulates a firm or fixed
or guaranteed price for funeral goods and funeral services that were
to be provided under the preneed funeral contract, the seller may
collect from the trustee a cancellation fee not exceeding ten per
cent of the value of the assets of the trust on the date the trust is
transferred, provided, however, that to the extent the original
seller took an initial service fee as permitted by division (B) of
this section, the aggregate amount of the transfer fee and the
initial service fee shall not exceed ten per cent of the value of
those assets. If the preneed funeral trust does not stipulate a firm
or fixed or guaranteed price for funeral goods and funeral services
to be provided under the preneed funeral contract, no cancellation
fees shall be collected by the original seller.
(K)
A certified copy of the certificate of death or other evidence of
death satisfactory to the trustee shall be furnished to the trustee
as evidence of death, and the trustee shall promptly pay the
accumulated payments and income, if any, according to the preneed
funeral contract. Such payment of the accumulated payments and income
pursuant to this section and, when applicable, the preneed funeral
contract, relieves the trustee of any further liability on the
accumulated payments and income.
If,
after a preneed funeral contract has been performed and paid for by
the proceeds of a preneed trust fund, there are excess funds that the
purchaser previously assigned by a written contract to the seller to
pay for preneed funeral services or funeral goods for other
individuals, the trustee holding such excess funds shall pay those
funds directly to the seller, and the seller shall deposit the funds
into a trust or purchase insurance or annuity policies to fund
additional preneed funeral contracts.
Sec.
4717.41.
(A)
There is hereby created the preneed recovery fund, which shall be in
the custody of the treasurer of state but shall not be part of the
state treasury. All fees collected under division
(A)(14)
(A)(18)
of section 4717.07 of the Revised Code shall be deposited into the
fund. The fund shall be used to reimburse purchasers of preneed
funeral contracts who have suffered financial loss as a result of the
malfeasance, misfeasance, default, failure, or insolvency in
connection with the sale of a preneed funeral contract by any
licensee under this chapter, regardless of whether the sale of such
contract occurred before or after the establishment of the fund. The
fund, and all investment earnings thereon, shall only be used for the
purposes set forth in this section and shall not be used for any
other purposes. The fund shall be administered by the board of
embalmers and funeral directors.
(B)
All fees collected under division
(A)(14)
(A)(18)
of section 4717.07 of the Revised Code shall be deposited into the
fund. Deposits to and disbursements from the fund account shall be
subject to rules established by the board.
(C)
If at the end of any fiscal year for this state, the balance in the
fund exceeds two million dollars, the fee required by division
(A)(14)
(A)(18)
of section 4717.07 of the Revised Code for the upcoming fiscal year
shall be reduced by fifty per cent. If the balance in the fund at the
end of a fiscal year exceeds three million dollars, the payment of
the fee required by division
(A)(14)
(A)(18)
of section 4717.07 of the Revised Code shall be suspended for the
upcoming fiscal year.
(D)
The board shall adopt rules governing management of the fund, the
presentation and processing of applications for reimbursement,
subrogation, or assignment of the rights of any reimbursed applicant.
(E)
The board may expend moneys in the fund for the following purposes:
(1)
To make reimbursements on approved applications;
(2)
To purchase insurance to cover losses as considered appropriate by
the board and not inconsistent with the purposes of the fund;
(3)
To invest such portions of the fund as are not currently needed to
reimburse losses and maintain adequate reserves, as are permitted to
be made by fiduciaries under the laws of this state;
(4)
To pay the expenses of the board for administering the fund,
including employment of local counsel to prosecute subrogation
claims.
(F)
Reimbursements from the fund shall be made only to the extent to
which those losses are not bonded or otherwise covered, protected, or
reimbursed and only after the applicant has complied with all
applicable rules of the board.
(G)
The board shall investigate all applications made and may reject or
allow such claims in whole or in part to the extent that moneys are
available in the fund. The board shall have complete discretion to
determine the order and manner of payment of approved applications.
All payments shall be a matter of privilege and not of right, and no
person shall have any right in the fund as a third-party beneficiary
or otherwise. No attorney may be compensated by the board for
prosecuting an application for reimbursement.
(H)
If reimbursement is made to an applicant under this section, the
board shall be subrogated in the reimbursement amount and may bring
any action it considers advisable against any person. The board may
enforce any claims it may have for restitution or otherwise and may
employ and compensate consultants, agents, legal counsel,
accountants, and other persons it considers appropriate.
Sec.
4767.05.
(A)
There is hereby created the Ohio cemetery dispute resolution
commission, which shall consist of nine members to be appointed by
the governor with the advice and consent of the senate as follows:
(1)
One member shall be the management authority of a municipal,
township, or union cemetery and shall be selected from a list of four
names submitted to the governor. Two of the four names shall be
submitted by the Ohio township association and two names shall be
submitted by the Ohio municipal league.
(2)
Four members shall be individuals employed in a management position
by a cemetery company or cemetery association selected from a list of
names submitted to the governor by the Ohio cemetery association.
(3)
Two members shall be employed in a management position by a cemetery
that is owned or operated by a religious, fraternal, or benevolent
society and shall be selected from a list of four names submitted by
the Ohio cemetery association.
(4)
Two members, at least one of whom shall be at least sixty-five years
of age, shall be representatives of the public with no financial
interest in the death care industry.
Each
member of the commission, except for the two members who represent
the public, shall, at the time of appointment, have had a minimum of
five consecutive years of experience in the active administration and
management of a cemetery in this state.
(B)
Within ninety days after July 1, 1993, the governor shall make
initial appointments to the commission. Of the initial appointments,
two shall be for terms ending July 1, 1994, two shall be for terms
ending July 1, 1995, two shall be for terms ending July 1, 1996, and
three shall be for terms ending July 1, 1997. Thereafter, terms of
office shall be for four years, with each term ending on the same day
of the same month as did the term that it succeeds. Each member shall
hold office from the date of appointment until the end of the term
for which the member was appointed. Vacancies shall be filled in the
manner provided for original appointments, with each appointee, other
than a representative of the public, being appointed from a list of
two names submitted to the governor by the association or
organization that was required to nominate candidates for initial
appointment to the position that has become vacant. Any member
appointed to fill a vacancy occurring prior to the expiration date of
the term for which the member's predecessor was appointed shall hold
office for the remainder of that term. A member shall continue in
office subsequent to the expiration date of the member's term until
the member's successor takes office or until a period of sixty days
has elapsed, whichever occurs first. No person shall serve as a
member of the commission for more than two consecutive terms,
excluding any term served to fill an initial appointment to a term of
less than four years or an unexpired term caused by a vacancy.
(C)
The commission annually shall elect from among its members a
chairperson, vice-chairperson, and secretary, each of whom shall
serve a term of one year in that office. The commission shall meet at
least four times a year. Additional meetings may be called by the
chairperson, or by the vice-chairperson when the chairperson is
disabled, or by a majority of the members of the commission. A
majority of the members constitutes a quorum to transact and vote on
business of the commission.
The
chairperson or vice-chairperson may:
(1)
Administer oaths;
(2)
Issue subpoenas;
(3)
Summon witnesses;
(4)
Compel the production of books, papers, records, and other forms of
evidence;
(5)
Fix the time and place for hearing any matter related to compliance
with sections 1721.19, 1721.20, 1721.21, 1721.211, 4735.02, 4767.02,
and 4767.09 of the Revised Code.
The
chairperson shall designate three members of the commission to serve
on the crematory
and reduction facility
review board in accordance with section 4717.03 of the Revised Code
for such time as the chairperson finds appropriate. Members
designated to serve on the crematory
and reduction facility
review board shall perform all functions necessary to carry out the
duties of the board as described in section 4717.03 of the Revised
Code. Members who serve on the crematory
and reduction facility
review board shall receive no compensation for such service.
(D)
Before entering upon the duties of office, each member of the
commission shall take the oath pursuant to section 3.22 of the
Revised Code. The governor may remove any member for misconduct,
neglect of duty, incapacity, or malfeasance in accordance with
section 3.04 of the Revised Code.
(E)
Members of the commission shall receive no compensation but shall be
reimbursed for their actual and necessary expenses incurred in the
performance of their duties as members of the commission.
(F)
The division of real estate in the department of commerce shall
provide the commission with meeting space, staff services, and other
technical assistance required by the commission in carrying out its
duties pursuant to sections 4767.05 to 4767.08 of the Revised Code.
Sec.
5120.45.
The
state shall bear the expense of the burial
or
,
cremation
or reduction
of an inmate who dies in a state correctional institution, if the
body is not claimed for interment
or
,
cremation
or reduction
at the expense of friends or relatives, or is not delivered for
anatomical purposes or for the study of embalming in accordance with
section 1713.34 of the Revised Code. When the expense is borne by the
state, interment of the person or the person's cremated
or reduced
remains shall be in the institution cemetery or other place provided
by the state. The managing officer of the institution shall provide
at the grave of the person or, if the person's
cremated
remains
are buried, at the grave of the person's
cremated
remains,
a metal, stone, or concrete marker on which shall be inscribed the
name and age of the person and the date of death.
Sec.
5121.11.
The
state shall bear the expense of the burial
or
,
cremation
or reduction
of an indigent resident who dies in a state institution operated by
the department of developmental disabilities under section 5123.03 of
the Revised Code or in a state correctional institution if the body
is not claimed for interment
or
,
cremation
or reduction
at the expense of friends or relatives or is not delivered for
anatomical purposes or for the study of embalming in accordance with
section 1713.34 of the Revised Code. The managing officer of the
institution shall provide at the grave of the person or, if the
person's cremated
or reduced
remains are buried, at the grave of the person's
cremated
remains,
a metal, stone, or concrete marker on which shall be inscribed the
name and age of the person and the date of death.
Sec.
5121.53.
The
state shall bear the expense of the burial
or
,
cremation
or reduction
of an indigent patient who dies in a hospital if the body is not
claimed for interment
or
,
cremation
or reduction
at the expense of friends or relatives, or is not delivered for
anatomical purposes or for the study of embalming in accordance with
section 1713.34 of the Revised Code. The managing officer of the
hospital shall provide at the grave of the patient or, if the
patient's cremated
or reduced
remains are buried, at the grave of the patient's
cremated
remains,
a metal, stone, or concrete marker on which shall be inscribed the
name and age of the patient and the date of death.
Sec.
5901.25.
The
board of county commissioners shall require the veterans service
commission, upon application and with the approval of the family or
friends of the deceased, to contract, at a fair and reasonable price,
with the funeral director selected by the family or friends, and
cause to be interred
or
,
cremated
or reduced
in a decent and respectable manner the body of any veteran, or the
parent, spouse, or surviving spouse of any such veteran, who dies
without the means to defray the necessary funeral
or
,
cremation
or reduction
expenses. Such a burial may be made in any cemetery or burial ground
within the state, other than those used exclusively for the burial of
paupers and criminals.
Sec.
5901.26.
Pursuant
to section 5901.25 of the Revised Code, the veterans service
commission shall use the forms of contracts prescribed by sections
5901.25 to 5901.32 of the Revised Code, and abide by the regulations
provided by such sections. The commission shall see that funeral
directors furnish all items specified in the contract, that when the
benefits of such sections are claimed the entire amount to be
contributed by the county toward the cost of the burial
or
,
cremation
or reduction
shall not exceed the sum of one thousand dollars, and that any
remaining costs are paid by the family or friends of the deceased.
Sec.
5901.27.
Before
assuming the charge and expense of any burial
or
,
cremation
,
or reduction
,
the veterans service commission, pursuant to section 5901.25 of the
Revised Code, shall satisfy itself, beyond a reasonable doubt, by
careful inquiry, that the family of the deceased is unable, for want
of means, to defray the expenses of the burial
or
,
cremation
,
or reduction
,
or that the family may be deprived of means actually necessary for
its immediate support. Thereupon the commission shall cause the
deceased to be buried
or
,
cremated
,
or reduced
and make a report thereof to the board of county commissioners. The
report shall set forth that the commission found the family of the
deceased person in indigent circumstances and unable to pay the
expenses of burial
or
,
cremation
,
or reduction
.
The report shall also set forth the name of the deceased, the rank
and command to which the deceased belonged if a veteran, the date of
death, the place of burial or disposition made of the person's
cremated
or reduced
remains, the occupation while living, and an accurate itemized
statement of the expenses incurred by reason of the burial
or
,
cremation
,
or reduction
.
Sec.
5901.29.
The
funeral director employed to perform the service described by section
5901.25 of the Revised Code shall use the blanks provided by this
section, specifying what the funeral director is to furnish for the
service. The contract shall be signed by the funeral director and a
copy thereof left with the veterans service commission with which it
is made. Such contract shall read as follows:
"I
________________, funeral director, residing at _________________
hereby agree to furnish the following items for the burial
or
,
cremation
,
or reduction
(circle one) of _______________, who resided at ___________________,
and died ______________, _________, which shall consist of:
(A)
One casket, nicely covered with a good quality of black cloth, lined
with a good quality of white satin or other material, and trimmed on
the outside with handles of a fair quality in keeping with the
casket;
(B)
One burial robe of a good quality of material;
(C)
One plain box appropriate for receiving the coffin or urn containing
cremated
or reduced
remains inside the grave;
(D)
Payment for digging the grave, in the place designated by the friends
of the deceased or as otherwise provided, and for filling the grave
in a proper manner;
(E)
Furnishing a funeral car for conveying the remains to the place of
burial
or crematory
,
cremation, or reduction
;
(F)
Preparing the body for burial when so requested;
(G)
Furnishing necessary transportation for the use of the family,
friends, and pallbearers, which people shall be returned to their
respective homes or to the place where the funeral services were
held;
(H)
Furnishing a decent, respectable funeral, for the sum of ______
dollars."
Sec.
5901.32.
Upon
securing the report and statement of expenses as provided by section
5901.27 of the Revised Code, the board of county commissioners shall
transcribe in a book to be kept for that purpose, all the facts
contained in the report concerning a deceased veteran, and shall
certify the expenses thus incurred to the county auditor, who shall
draw a warrant for those expenses upon the county treasurer, to be
paid from the county fund to such persons as are designated by the
board. Upon the death of any indigent veteran residing within the
county at the time of death and the burial of the indigent veteran or
the indigent veteran's cremated
or reduced
remains, the board shall make application to the proper authorities,
under the United States government, for a suitable headstone, as
provided by act of congress, and shall cause it to be placed at the
grave of the deceased veteran or the deceased veteran's
cremated
remains.
Section
2.
That
existing sections 9.15, 313.12, 759.01, 1713.36, 1721.06, 1721.18,
1721.21, 2108.15, 2108.70, 2108.72, 2108.75, 2108.82, 2108.83,
2108.84, 2108.85, 2108.86, 2108.87, 2111.13, 2743.51, 2925.01,
3705.01, 3705.17, 3705.18, 3705.19, 3705.20, 4511.451, 4717.01,
4717.03, 4717.04, 4717.06, 4717.07, 4717.08, 4717.11, 4717.13,
4717.14, 4717.15, 4717.20, 4717.21, 4717.22, 4717.23, 4717.24,
4717.25, 4717.26, 4717.27, 4717.28, 4717.29, 4717.30, 4717.36,
4717.41, 4767.05, 5120.45, 5121.11, 5121.53, 5901.25, 5901.26,
5901.27, 5901.29, and 5901.32 of the Revised Code are hereby
repealed.
Section
3.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:
Section
313.12 of the Revised Code as amended by both H.B. 497 and S.B. 196
of the 135th General Assembly.
Section
2108.82 of the Revised Code as amended by both S.B. 202 and S.B. 224
of the 134th General Assembly.