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Title 47 | Occupations-Professions
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Section 4717.22 | Authorizing agents for cremation.

...(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 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 ...

Section 4717.23 | Prohibited acts by operator of facility prior to cremation.

...(A) No crematory operator or crematory facility shall cremate or allow the cremation 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 Re...

Section 4717.24 | Cremation authorization form.

... (A) A cremation authorization form authorizing the cremation 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 obtain...

Section 4717.25 | Body or parts donated to science.

...(A) A cremation authorization form authorizing the cremation 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...

Section 4717.26 | Procedure for cremation.

... (A) The crematory facility may schedule the time for the cremation of a dead human body to occur at the crematory 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 facility has receiv...

Section 4717.27 | Disposing of cremated remains.

...(A) The authorizing agent who executed the cremation authorization form authorizing the cremation of a decedent under section 4717.24 of the Revised Code or the cremation of body parts under section 4717.25 of the Revised Code is ultimately responsible for the final disposition of the cremated remains of the decedent or body parts. (B) If the cremation authorization form does not contain instructions for the final d...

Section 4717.271 | Crematory operator requirements for fetal remains.

... The following applies to a crematory operator that cremates fetal remains for an abortion facility under Chapter 3726. of the Revised Code. (A) A crematory operator shall not do any of the following: (1) Cremate fetal remains without receiving a copy of a properly executed detachable supplemental form described in division (C)(1) of section 3726.14 of the Revised Code; (2) Dispose of the cremated fetal remains...

Section 4717.28 | Records.

... (A) No crematory 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. 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 facility and the person who delivered the decedent to the cre...

Section 4717.29 | Medical device or implant present in decedent's body.

...(A) A person executing a cremation 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 to the cremation chamber during the cremati...

Section 4717.30 | Operator of crematory facility or funeral director - immunity.

... (A) A crematory operator, crematory 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 t...

Section 4717.31 | Who may sell certain preneed funeral contracts.

...(A) Only a funeral director licensed pursuant to this chapter may sell a preneed funeral contract that includes funeral services. Sections 4717.31 to 4717.38 of the Revised Code do not prohibit a person who is not a licensed funeral director from selling funeral goods pursuant to a preneed funeral contract; however, when a seller sells funeral goods pursuant to a preneed funeral contract, that seller sha...

Section 4717.311 | Confirming the beneficiary is still alive.

... (A) The holder of funds for a preneed funeral contract shall, in the calendar year in which the beneficiary of that contract reaches one hundred five years of age, contact the seller or successor seller to inform the seller or successor seller of the beneficiary's one hundred fifth birthday in that calendar year. (B) The holder and the seller or successor seller shall agree to one of the following: (1) That the ...

Section 4717.32 | Contents of certain preneed funeral contracts.

...(A) Any preneed funeral contract that involves the payment of money or the purchase or assignment of an insurance policy or annuity shall be in writing and shall include all of the following information: (1) The name, address, and phone number of the seller and the name and address of the purchaser of the contract, and, if the contract beneficiary is someone other than the purchaser of the contract, the name and add...

Section 4717.33 | Notice by trustee or insurer to purchaser of contract.

...(A) If a preneed funeral contract is funded by any means other than an insurance policy or policies, or an annuity or annuities, the trustee of the trust created pursuant to section 4717.36 of the Revised Code shall notify the purchaser of the preneed funeral contract in writing, within fifteen days after the trustee receives any payment to be deposited into the trust, that the trustee has received payment. The notic...

Section 4717.34 | Right of purchaser to rescind contract.

... (A) Any purchaser, on initially entering into a preneed funeral contract may, within seven days after entering into that contract, rescind the contract and request and receive from the seller of the contract one hundred per cent of all payments made under the contract. Each preneed funeral contract shall contain the following notice in boldface print and in substantially the following form: "NO...

Section 4717.35 | Remission of contract application and premium to insurer.

... If a preneed funeral contract contains a provision stating that the preneed funeral contract will be funded by the purchase of an insurance policy, the insurance agent who sold the policy that will fund that preneed funeral contract shall require that any payment made by the purchaser be made in the form of a check, cashier's check, money order, or debit or credit card, payable only to the insurance company. The ins...

Section 4717.36 | Funeral goods and services payments held in trust.

... (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 b...

Section 4717.37 | Delivery of funeral goods defined.

... For purposes of sections 4717.31 to 4717.38 of the Revised Code, a seller is considered to have delivered funeral goods pursuant to a preneed funeral contract when the seller makes actual delivery of the goods to the contract beneficiary.

Section 4717.38 | Construction of R.C. 4717.31 to 4717.38.

... Sections 4717.31 to 4717.38 of the Revised Code shall be construed as a limitation on the manner in which a person is permitted to accept funds in prepayment for funeral services to be performed in the future, or funeral goods to be used in connection with the funeral or final disposition of human remains, to the end that at all times members of the public may have an opportunity to arrange and pay...

Section 4717.39 | Compliance with law regarding sanctions for human trafficking.

...The board of embalmers and funeral directors shall comply with section 4776.20 of the Revised Code.

Section 4717.41 | Preneed recovery fund.

...(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) 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, misfeasa...

Section 4717.99 | Penalty.

...Whoever violates any provision of sections 4717.01 to 4717.15; 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 shall be fined not less than one hundred nor more than five thousand dollars, ...

Section 4719.01 | Telephone solicitor definitions - exemptions.

...(A) As used in sections 4719.01 to 4719.18 of the Revised Code: (1) "Affiliate" means a business entity that is owned by, operated by, controlled by, or under common control with another business entity. (2) "Communication" means a written or oral notification or advertisement that meets both of the following criteria, as applicable: (a) The notification or advertisement is transmitted by or on behalf of the se...

Section 4719.02 | Certificate of registration or registration renewal.

...(A) No person shall act as a telephone solicitor without first having obtained a certificate of registration or registration renewal from the attorney general under section 4719.03 of the Revised Code. (B) The application for a certificate of registration or registration renewal as a telephone solicitor shall contain all of the following information: (1) The true name, date of birth, driver's license number, social...

Section 4719.03 | Certificate of registration -disciplinary actions.

... (A) Except as otherwise provided in division (B) of this section, the attorney general shall issue a certificate of registration or registration renewal as a telephone solicitor to any applicant or registrant that submits a completed application for the certificate, as specified under section 4719.02 of the Revised Code, and pays, as applicable, the registration fee or renewal fee prescribed pursuant to rule of the ...