The bill amends various sections of the Revised Code in Ohio concerning embalmers, funeral directors, and crematories. It introduces a refined definition of "preneed funeral contract," explicitly excluding preneed cemetery merchandise and services contracts, as well as transportation protection agreements for human remains. New definitions for terms such as "crematory facility," "cremation," and "cremated remains" are established, and the responsibilities of funeral homes and authorizing agents in the cremation process are clarified. The bill also sets forth requirements for a cremation authorization form, emphasizing the need for proper identification of the decedent and the authority of the authorizing agent, while allowing for a witness signature and detailing conditions for cremation and handling of cremated remains.
Additionally, the bill addresses the liability of crematory operators and funeral directors, stating they are not liable for damages in civil actions related to cremation or disposition of remains, as long as their actions comply with the cremation authorization form and are not conducted with malicious intent, bad faith, or recklessness. It outlines specific circumstances under which these entities may refuse to accept a body or perform cremation, such as disputes or inaccuracies in the authorization form. The bill clarifies that it does not create new legal rights or causes of action against these entities and does not alter existing immunities from civil liability. It also repeals certain sections of the Revised Code that previously governed similar issues, aiming to enhance regulatory clarity and protections for funeral service providers.
Statutes affected: As Introduced: 4717.01, 4717.12, 4717.24, 4717.30
As Reported By House Committee: 4717.01, 4717.12, 4717.24, 4717.30
As Passed By House: 4717.01, 4717.12, 4717.24, 4717.30