The bill amends sections of the Revised Code in Ohio concerning embalmers, funeral directors, and crematories, introducing a clarified definition of "preneed funeral contract" that excludes certain contracts related to cemetery merchandise and transportation protection agreements. It also establishes new definitions for terms such as "crematory facility," "cremation," and "cremated remains," and specifies the requirements for a cremation authorization form, which must include details like the identification of the decedent and the relationship of the authorizing agent. The bill emphasizes the responsibilities of funeral homes in ensuring accurate identification and information in the cremation authorization form, while allowing for modifications or revocations of the authorization prior to cremation.
Additionally, the bill addresses the liability of crematory operators, crematory facilities, funeral directors, and funeral homes, stating they are not liable for damages unless their actions are made with malicious intent, in bad faith, or recklessly. It outlines circumstances under which these entities can refuse cremations or the release of cremated remains, such as disputes or concerns about the accuracy of the authorization form. The bill clarifies that it does not create new causes of action against these entities and does not affect existing immunities from civil liability. It also repeals several existing sections of the Revised Code, indicating a significant update to the legal framework governing cremation practices.
Statutes affected: As Introduced: 4717.01, 4717.12, 4717.24, 4717.30