Ohio § 4717.01

§ 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 process. (S) “ Pulverization ” means the reduction of identifiable bone fragments to granulated particles by manual

or mechanical means after the completion of the cremation 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.