The following applies to a crematory operator that cremates fetal remains for an abortion facility under Chapter 3726 of the Revised Code.

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Terms Used In Ohio Code 4717.271

  • 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 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

(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 by a means other than one of the following:

(a) Placing them in a grave, crypt, or niche;

(b) Scattering them in any dignified manner, including in a memorial garden, at sea, by air, or at a scattering ground described in section 1721.21 of the Revised Code;

(c) Any other lawful manner.

(3) Arrange for the disposal of the cremated fetal remains by a means other than one described in division (A)(2) of this section;

(4) Arrange for the transfer of the cremated fetal remains for disposal by a means other than one described in division (A)(2) of this section.

(B) A crematory operator is not required to secure a death certificate, a burial or burial-transit permit, or a cremation authorization form to cremate fetal remains.