Ohio Funeral Directors

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07/24/2010

ADVISORY ON RECYCLING METAL FROM PROSTHETIC DEVICES AND IMPLANTS

By T. Scott Gilligan, OFDA General Counsel

Several OFDA members that own crematories have been contacted by recycling companies seeking titanium and other valuable metals that remain from prosthetic devices and implants after the cremation process has taken place. In some cases, the companies have offered the crematories compensation for reclaiming the metal and shipping it to the recycling company. In other cases, the company represents itself as a non-profit organization that pays part of the proceeds from the sale of the recycled metal to a charity selected by the crematory. In these cases, the recycling company typically provides containers and pays for the shipping costs, but does not directly compensate the crematory for its collection efforts.

OFDA members who operate crematories, like other responsible businesses in the community, wish to promote recycling and are happy to participate in these efforts. However, OFDA cautions members that Ohio law specifically outlaws any UNAUTHORIZED removal of metal or any other items from cremated remains. Section 4717.26(F)(1) of the Ohio Revised Code prohibits a crematory from removing dental gold, body parts or other items from a dead human body prior to cremation or from the cremated remains after cremation unless the cremation authorization form specifically allows the removal. Therefore, it is critical that the specific authorization for the recycling of metal or medical devices following cremation be included as part of the cremation authorization form or a separate authorization form. OFDA has a sample authorization form on its website entitled “Authorization to Recycle Metal from Prosthetic Devices and Implants”, which members may use.

Another requirement of Ohio’s cremation law that crematories should be aware of is the prohibition against any profiting from the removal of metal or other devices or items from cremated remains. Section 4717.26(F)(2) states that crematories may not charge a fee for making any removals of these items other than the crematory’s “actual costs” for performing or assisting in the removal. Therefore, a crematory could be paid by a recycling company for its costs in doing the removal and shipping the recovered metal to the recycling company. However, the crematory must be able to document that any funds paid to it by the recycling company covers only the actual costs of the crematory in performing these services.

The Authorization to Recycle Metal from Prosthetic Devices and Implants form tracks the Ohio law by requiring specific authorization by the person holding the right of disposition. To avoid any claim that the crematory forced the family to select recycling, the form also presents the option of normal disposal of the metals or recycling. Furthermore, the form specifically informs that family that the crematory will not be paid any fees in excess of its actual costs in the recovery and shipping process. If a crematory is not taking any fees or is donating the fees to a charitable organization, it is free to alter the form to provide this information. Attached to this article is the sample authorization form which OFDA members may use.

AUTHORIZATION TO RECYCLE METAL FROM

PROSTHETIC DEVICES AND IMPLANTS

PARTIES:

“CREMATORY”:_________________________________________________________________________

(Name of Crematory)

“REPRESENTATIVE”:____________________________________________________________________

(Use Reverse Side (Name of Representative)

for Additional Names)

“DECEDENT”: __________________________________________________________________________

(Name of Decedent)

“DEVICE”:_____________________________________________________________________________

(Description of Implanted Medical Device or Prosthesis)

RELATIONSHIP OF REPRESENTATIVE: The REPRESENTATIVE warrants and represents to the CREMATORY that the relationship between the REPRESENTATIVE and the DECEDENT is as follows: (Check the appropriate box).

□ Spouse

□ Next-of-Kin (Closest Living Relative)

□ Personal Representative of the Next-of-Kin

□ Other:

3. AUTHORITY OF REPRESENTATIVE: The REPRESENTATIVE warrants and represents to CREMATORY that the REPRESENTATIVE is the person or the appointed agent of the person who by law has or had the paramount right to arrange and direct the disposition of the remains of the DECEDENT and that no other person(s) has a superior right over the right of the REPRESENTATIVE.

4. RECYCLING OF METAL: Following the cremation process, the CREMATORY uses its best efforts to remove from the cremated remains non-combustible materials such as dental bridgework, implanted medical devices, and metal hinges, latches and nails from the cremation container. Typically, this non-combustible material is disposed if as waste. However, in the case of certain metals that are part of the DEVICE, such as titanium, third party companies will recycle this metal. With the express permission of the REPRESENTATIVE, this metal will be sent to a recycling company. The REPRESENTATIVE understands that the CREMATORY is compensated by the recycling company for retrieving the metal and shipping it to the recycling company. The CREMATORY does not receive any compensation or fees for assisting with the recycling other than the payment of its actual costs for performing the removal and shipping fees.

5 AUTHORIZATION ON DISPOSITION OF METAL: The REPRESENTATIVE authorizes the CREMATORY to take the following action (please place your initials opposite the option you select):

_________ Recycle any metal that is eligible for recycling and dispose of the

(Initials) remaining metal with the remainder of the non-combustible material;

_________ Do not recycle the metal. Instead, dispose of it with the remainder of the non-combustible material.

(Initials)

DATE: SIGNATURE OF REPRESENTATIVE

ADDITIONAL REPRESENTATIVES

Name Relationship to Decedent Signature

17544