Ohio § 4717.26

§ 4717.26.

(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 received specific instructions to the contrary on the cremation authorization

form authorizing the cremation of the decedent executed under section 4717.21 , 4717.24 , or 4717.25 of the Revised Code .  The crematory 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 operator or crematory facility shall fail to do either of the following: (1) Upon receipt at the crematory 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 facility and keep

the body in the holding or refrigerated facility until near the time the cremation

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 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 facility and keep the body in the holding facility until

the cremation process commences. (C) No crematory operator or crematory facility shall do either of the following, unless

the instructions contained in the cremation authorization form authorizing the cremation

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 facility; (2) Fail to cremate the casket or alternative container in which the body was delivered

or accepted, in its entirety with the body. (D) No crematory facility shall simultaneously cremate more than one decedent or body

parts removed from more than one decedent or living person in the same cremation chamber

unless the cremation authorization forms executed under section 4717.21 , 4717.24 , or 4717.25 of the Revised Code authorizing the cremation of each of the decedents or body parts removed from each

decedent or living person specifically authorize such a simultaneous cremation.  This division does not prohibit the use of cremation equipment that contains more

than one cremation chamber. (E) No crematory facility shall permit any persons other than employees of the crematory

facility, the authorizing agent for the cremation of the decedent who is to be, is

being, or was cremated, persons designated to be present at the cremation of the decedent

on the cremation 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

facility, to be present in the holding facility or cremation room while any dead human

bodies or body parts are being held there prior to cremation or are being cremated

or while any cremated remains are being removed from the cremation chamber. (F)(1) No crematory 1 facility shall remove any dental gold, body parts, organs, or other items of value

from a dead human body prior to the cremation or from the cremated remains after cremation

unless the cremation authorization form authorizing the cremation of the decedent

executed under section 4717.21 or 4717.24 of the Revised Code specifically authorizes the removal thereof. (2) No crematory 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 facility for performing or assisting

in the removal. (G) Upon the completion of each cremation, the crematory facility shall remove from the

cremation chamber all of the cremation residue that is practicably recoverable.  If the cremation authorization form executed under section 4717.21 , 4717.24 , or 4717.25 of the Revised Code specifies that the cremated remains are to be placed in an urn, the crematory 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 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 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 facility to recover any specified quantity

or quality of cremated remains upon the completion of a cremation, but only requires

a crematory facility to recover from the cremation chamber all of the cremation residue

that is practicably recoverable. (H) No crematory 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 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 chamber after

the cremated remains from previous cremations were removed. (I) No crematory facility or funeral director shall ship or cause to be shipped any cremated

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 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 cremation process. (K) No crematory facility shall knowingly use or allow the use of the same cremation

chamber for the cremation of dead human bodies, or human body parts, and animals. 1

 So in original.