Ohio Code 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:
Terms Used In Ohio Code 4717.23
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Cremation: includes processing and may include the pulverization of bone fragments. See Ohio Code 4717.01
- Crematory: means the building or portion of a building that houses the holding facility and the cremation chamber. See Ohio Code 4717.01
- Crematory facility: means the physical location at which a cremation chamber is located and the cremation process takes place. See Ohio Code 4717.01
- 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. See Ohio Code 4717.01
- Decedent: A deceased person.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Rule: includes regulation. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(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 Revised Code or under the laws of another state that are substantially equivalent to that section, unless, if the decedent died from a virulent communicable disease, the department of health or board of health having territorial jurisdiction where the death of the decedent occurred requires by rule or order the cremation to occur prior to the end of that period;
(2) The crematory facility has received a burial or burial-transit permit that authorizes the cremation of the decedent;
(3) The crematory facility has received a completed cremation authorization form executed pursuant to section 4717.21 or 4717.24 of the Revised Code, as applicable, that authorizes the cremation of the decedent. A blank cremation authorization form shall be provided by the crematory facility and shall comply with section 4717.24 of the Revised Code and, if applicable, section 4717.21 of the Revised Code.
(4) The crematory facility has received any other documentation required by this state or a political subdivision of this state.
(B) No crematory operator or crematory facility shall cremate or allow the cremation of any body parts, including, without limitation, dead human bodies that were donated to science for purposes of medical research or education, at a crematory facility licensed to operate in this state until both of the following have occurred:
(1) The crematory facility has received a completed cremation authorization form executed pursuant to section 4717.25 of the Revised Code or, if the decedent has executed an antemortem cremation authorization form in accordance with section 4717.21 of the Revised Code and has donated the decedent’s body to science for purposes of medical education or research, such an antemortem cremation authorization form;
(2) The crematory facility has received any other documentation required by this state or a political subdivision of this state.