HB 582 — Regards embalmers, funeral directors, and crematories

As ReportedPassed by the House General Government Committee 136th General Assembly Regular Session H.

582 2025-2026 Representatives Plummer, Young ToCosponsors: amend sections 4717.01, 4717.12, 4717.24, and 1 4717.30 of the Revised Code regarding embalmers, 2 funeral directors, and crematories.

Representatives Abrams, Brennan, Brent, Brewer, Bryant Bailey, Cockley, Deeter, Grim, Lawson-Rowe, Mathews, A., Mathews, T., Piccolantonio, Robb Blasdel, Santucci, Sigrist, Tims, Upchurch, White, A., White, E., Williams, Willis To amend sections 4717.01, 4717.12, 4717.24, and 1 4717.30 of the Revised Code regarding embalmers, 2 funeral directors, and crematories.

14 (B) "Funeral business" means a sole proprietorship, 15 partnership,H. corporation, limited liability company, or other 16 business entity that is engaged in funeral directing for profit 17 or for free from one or more funeral homes licensed under this 18 chapter.

19 H.

582 Page 2 As ReportedPassed by the House Generalpartnership, Governmentcorporation, Committeelimited (C)liability "Funeralcompany, directing"or meansother the16 business orentity professionthat 20is ofengaged in funeral directing orfor supervisingprofit funerals17 or for profitfree from one or more 21 funeral homes licensed under this chapter,18 thechapter. arrangement or 22 sale of funeral services, the filling out or execution of a 23 funeral service contract, the business or profession of 24 preparing dead human bodies for burial by means other than 25 embalming, the disposition of dead human bodies, the provision 26 or maintenance of a place for the preparation, the care, or 27 disposition of dead human bodies, the use in connection with a 28 business of the term "funeral director," "undertaker," 29 "mortician," or any other term from which can be implied the 30 business of funeral directing, or the holding out to the public 31 that one is a funeral director or a disposer of dead human 32 bodies.

19 (C) "Funeral directing" means the business or profession 20 of directing or supervising funerals for profit from one or more 21 funeral homes licensed under this chapter, the arrangement or 22 sale of funeral services, the filling out or execution of a 23 funeral service contract, the business or profession of 24 preparing dead human bodies for burial by means other than 25 embalming, the disposition of dead human bodies, the provision 26 or maintenance of a place for the preparation, the care, or 27 disposition of dead human bodies, the use in connection with a 28 business of the term "funeral director," "undertaker," 29 "mortician," or any other term from which can be implied the 30 business of funeral directing, or the holding out to the public 31 that one is a funeral director or a disposer of dead human 32 bodies.

44 (H)H. "Supervision" means the operation of all phases of the 45 business of funeral directing or embalming under the specific 46 direction of a licensed funeral director or licensed embalmer.

47 (I) "Direct supervision" means the physical presence of a 48 H.

582 Page 3 As ReportedPassed by the House General(H) Government"Supervision" Committeemeans licensedthe funeraloperation directorof orall licensedphases embalmerof while the 4945 specificbusiness functions of the funeral directing or embalming areunder beingthe carriedspecific 5046 out.direction of a licensed funeral director or licensed embalmer.

47 (I) "Direct supervision" means the physical presence of a 48 licensed funeral director or licensed embalmer while the 49 specific functions of the funeral or embalming are being carried 50 out.

"Cremation" includes 73 processingH. and may include the pulverization of bone fragments.

74 (N) "Cremation chamber" means the enclosed space within 75 which cremation takes place.

76 (O) "Cremated remains" means all human or animal remains 77 H.

582 Page 4 As ReportedPassed by the House Generalprocessing Governmentand Committee recovered after the completion of the cremation process, which 78 may include the residuepulverization of anybone foreignfragments. matter such as casket 79 material, dental work, or eyeglasses that were cremated with the 80 human or animal remains.

74 (N) "Cremation chamber" means the enclosed space within 75 which cremation takes place.

76 (O) "Cremated remains" means all human or animal remains 77 recovered after the completion of the cremation process, which 78 may include the residue of any foreign matter such as casket 79 material, dental work, or eyeglasses that were cremated with the 80 human or animal remains.

95 (T)(T)(1) "Preneed funeral contract" means a written 96 agreement, contract, or series of contracts to sell or otherwise 97 provide any funeral services, funeral goods, or any combination 98 thereof to be used in connection with the funeral or final 99 disposition of a dead human body, where payment for the goods or 100 services is made either outright or on an installment basis, 101 prior to the death of the person purchasing the goods or 102 servicesH. or for whom the goods or services are purchased.

103 "Preneed 104 (2) "Preneed funeral contract" does not include any either 105 of the following:

106 H.

582 Page 5 As ReportedPassed by the House General Government Committee (a) Any preneed cemetery merchandise and services contract 107 or anyfor agreement,whom contract, or series of contracts pertaining to 108 the salegoods of any burial lot, burial or intermentservices right,are 109purchased. entombment right, or columbarium right with respect to which an 110 endowment care fund is established or is exempt from 111 establishment pursuant to section 1721.21 of the Revised Code;

103 "Preneed 104 (2) "Preneed funeral contract" does not include any either 105 of the following:

106 (a) Any preneed cemetery merchandise and services contract 107 or any agreement, contract, or series of contracts pertaining to 108 the sale of any burial lot, burial or interment right, 109 entombment right, or columbarium right with respect to which an 110 endowment care fund is established or is exempt from 111 establishment pursuant to section 1721.21 of the Revised Code;

(A) The following persons are exempt from 130 theH. provisions of this chapter:

131 (1) An officer or employee of the department of health or 132 any board of health, who, in compliance with rules or orders of 133 the department of health or board of health, is preparing the 134 H.

582 Page 6 As ReportedPassed by the House Generalthe Governmentprovisions Committee body of athis personchapter: whose death was caused by a virulent 135 communicable disease;

131 (1) An officer or employee of the department of health or 132 any board of health, who, in compliance with rules or orders of 133 the department of health or board of health, is preparing the 134 body of a person whose death was caused by a virulent 135 communicable disease;

156 (4) The conducting of funerals and the burial or cremation 157 of dead human bodies in accordance with the ceremonies or rights 158 described in division (B) of this section without the use, 159 employment, or supervision of a licensed embalmer or funeral 160 director, except when the body is that of a person whose death 161 was caused by a virulent communicable disease, in which case the 162 H.

582 Page 7 As ReportedPassed by the House Generaldescribed Governmentin Committeedivision (B) of this section without the use, 159 employment, or supervision of a licensed embalmer or funeral 160 director, except when the body is that of a person whose death 161 was caused by a virulent communicable disease, in which case the 162 rules of the department of health or board of health having 163 territorial jurisdiction shall apply.

If the person executing the cremation 182 authorization form knows of another living person who has such a 183 superior priority right, the authorization form shall include a 184 statement indicating that the person executing the authorization 185 form has made reasonable efforts to contact the person having 186 the superior priority right and has been unable to do so and 187 thatH. the person executing the authorization form has no reason 188 to believe that the person having the superior priority right 189 would object to the cremation of the decedent.

190 (5) A statement of whether the authorizing agent has 191 H.

582 Page 8 As ReportedPassed by the House Generalthat Government Committee actual knowledge of the presenceperson inexecuting the decedentauthorization ofform ahas pacemaker,no 192reason defibrillator,188 orto anybelieve otherthat mechanicalthe orperson radioactivehaving devicethe orsuperior 193priority implantright that189 poseswould aobject hazard to the healthcremation or safety of personnel 194 performing the cremation;decedent.

190 (5) A statement of whether the authorizing agent has 191 actual knowledge of the presence in the decedent of a pacemaker, 192 defibrillator, or any other mechanical or radioactive device or 193 implant that poses a hazard to the health or safety of personnel 194 performing the cremation;

214 (9) The authorization for the crematory facility to 215 cremate the decedent and to process or pulverize the cremated 216 remainsH. as is the practice at the particular crematory facility;

217 (10) A statement of whether it is the crematory facility's 218 practice to return all of the residue removed from the cremation 219 chamber following the cremation or to separate and remove 220 H.

582 Page 9 As ReportedPassed by the House General Government Committee foreign matter from the residue before returning the cremated 221 remains toas theis authorizing agent or the personpractice designatedat on the 222particular authorizationcrematory formfacility; to receive the cremated remains pursuant to 223 division (A)(11) of this section;

217 (10) A statement of whether it is the crematory facility's 218 practice to return all of the residue removed from the cremation 219 chamber following the cremation or to separate and remove 220 foreign matter from the residue before returning the cremated 221 remains to the authorizing agent or the person designated on the 222 authorization form to receive the cremated remains pursuant to 223 division (A)(11) of this section;

The authorization 243 form shall further indicate that if no arrangements for the 244 final disposition of the cremated remains have been made within 245 sixty days after the completion of the cremation and if the 246 authorizingH. agent has not picked them up or caused them to be 247 picked up within that period, the crematory operator or 248 crematory facility may dispose of them in accordance with 249 division (C) of section 4717.27 of the Revised Code.

250 H.

582 Page 10 As ReportedPassed by the House Generalauthorizing Governmentagent Committeehas (13)not Apicked listingthem ofup theor itemscaused ofthem value to be delivered247 topicked 251up within that period, the crematory facilityoperator alongor with248 thecrematory deadfacility humanmay body,dispose ifof any,them 252in andaccordance instructionswith regarding249 howdivision those(C) itemsof aresection to4717.27 beof handled;the Revised Code.