As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 354   5            

      1997-1998                                                    6            


    REPRESENTATIVES TERWILLEGER-CORBIN-GARCIA-PRINGLE-THOMAS       8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 1337.12, 2133.01, 2133.02,          12           

                2133.03, 2133.07, 2133.10, 2133.12, 2133.13,       13           

                2133.14, 2133.15, 4506.07, 4507.06, and 4507.51,   14           

                to enact sections 2133.21 to 2133.26 of the        15           

                Revised Code, and to amend Section 3 of  Am. Sub.  16           

                S.B. 1 of the 119th General Assembly relative to   17           

                "do not resuscitate" identifications, orders, and  19           

                protocols.                                         20           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That sections 1337.12, 2133.01, 2133.02,         24           

2133.03, 2133.07, 2133.10, 2133.12, 2133.13, 2133.14, 2133.15,     25           

4506.07, 4507.06, and 4507.51 be amended and sections 2133.21,     26           

2133.22, 2133.23, 2133.24, 2133.25, and 2133.26 of the Revised     27           

Code be enacted to read as follows:                                28           

      Sec. 1337.12.  (A)(1)  An adult who is of sound mind         37           

voluntarily may create a valid durable power of attorney for       38           

health care by executing a durable power of attorney, in           39           

accordance with division (B) of section 1337.09 of the Revised     40           

Code, that authorizes an attorney in fact as described in          41           

division (A)(2) of this section to make health care decisions for  42           

the principal at any time that the attending physician of the      43           

principal determines that he THE PRINCIPAL has lost the capacity   44           

to make informed health care decisions for himself THE PRINCIPAL.  46           

Except as otherwise provided in divisions (B) to (F) of section    49           

1337.13 of the Revised Code, the authorization may include the     50           

right to give informed consent, to refuse to give informed         51           

                                                          2      

                                                                 
consent, or to withdraw informed consent, to any health care that  52           

is being or could be provided to the principal.  Additionally, to  53           

be valid, a durable power of attorney for health care shall        54           

satisfy both of the following:                                     55           

      (a)  It shall be signed by the principal and state the date  57           

of its execution.                                                  58           

      (b)  It shall be witnessed in accordance with division (B)   60           

of this section or be acknowledged by the principal in accordance  61           

with division (C) of this section.                                 62           

      (2)  Except as otherwise provided in this division, a        64           

durable power of attorney for health care may designate any        65           

competent adult as the attorney in fact.  The attending physician  66           

of the principal and an administrator of any nursing home in       67           

which the principal is receiving care shall not be designated as   68           

an attorney in fact in, or act as an attorney in fact pursuant     69           

to, a durable power of attorney for health care.  An employee or   70           

agent of the attending physician of the principal and an employee  71           

or agent of any health care facility in which the principal is     72           

being treated shall not be designated as an attorney in fact in,   73           

or act as an attorney in fact pursuant to, a durable power of      74           

attorney for health care, except that these limitations do not     75           

preclude a principal from designating either type of employee or   76           

agent as his THE PRINCIPAL'S attorney in fact if the individual    77           

is a competent adult and related to the principal by blood,        79           

marriage, or adoption, or if the individual is a competent adult   80           

and the principal and the individual are members of the same       81           

religious order.                                                   82           

      (3)  A durable power of attorney for health care shall not   84           

expire, unless the principal specifies an expiration date in the   85           

instrument.  However, when a durable power of attorney contains    86           

an expiration date, if the principal lacks the capacity to make    87           

informed health care decisions for himself THE PRINCIPAL on the    88           

expiration date, the instrument shall continue in effect until     90           

the principal regains the capacity to make informed health care    91           

                                                          3      

                                                                 
decisions for himself THE PRINCIPAL.                               92           

      (B)  If witnessed for purposes of division (A)(1)(b) of      94           

this section, a durable power of attorney for health care shall    95           

be witnessed by at least two individuals who are adults and who    96           

are not ineligible to be witnesses under this division.  Any       97           

person who is related to the principal by blood, marriage, or      98           

adoption, any person who is designated as the attorney in fact in  99           

the instrument, the attending physician of the principal, and the  100          

administrator of any nursing home in which the principal is        101          

receiving care are ineligible to be witnesses.                     102          

      The witnessing of a durable power of attorney for health     104          

care shall involve the principal signing, or acknowledging his     105          

THE PRINCIPAL'S signature on, the instrument in the presence of    106          

each witness.  Then, each witness shall subscribe his THE          107          

WITNESS'S signature on the durable power of attorney for health    109          

care and, by doing so, attest to his THE WITNESS'S belief that     110          

the principal appears to be of sound mind and not under or         111          

subject to duress, fraud, or undue influence.                                   

      (C)  If acknowledged for purposes of division (A)(1)(b) of   113          

this section, a durable power of attorney for health care shall    114          

be acknowledged before a notary public, who shall make the         115          

certification described in section 147.53 of the Revised Code and  116          

also shall attest that the principal appears to be of sound mind   117          

and not under or subject to duress, fraud, or undue influence.     118          

      (D)(1)  IF A PRINCIPAL HAS BOTH A VALID DURABLE POWER OF     121          

ATTORNEY FOR HEALTH CARE AND A VALID DECLARATION, DIVISION (B) OF  122          

SECTION 2133.03 OF THE REVISED CODE APPLIES.  IF A PRINCIPAL HAS   125          

BOTH A VALID DURABLE POWER OF ATTORNEY FOR HEALTH CARE AND A DNR   126          

IDENTIFICATION THAT IS BASED UPON A VALID DECLARATION AND IF THE   127          

DECLARATION SUPERSEDES THE DURABLE POWER OF ATTORNEY FOR HEALTH    128          

CARE UNDER DIVISION (B) OF SECTION 2133.03 OF THE REVISED CODE,    131          

THE DNR IDENTIFICATION SUPERSEDES THE DURABLE POWER OF ATTORNEY    133          

FOR HEALTH CARE TO THE EXTENT OF ANY CONFLICT BETWEEN THE TWO.  A  134          

VALID DURABLE POWER OF ATTORNEY FOR HEALTH CARE SUPERSEDES ANY     135          

                                                          4      

                                                                 
DNR IDENTIFICATION THAT IS BASED UPON A DO-NOT-RESUSCITATE ORDER   136          

THAT A PHYSICIAN ISSUED FOR THE PRINCIPAL PRIOR TO THE EXECUTION   137          

OF THE DURABLE POWER OF ATTORNEY FOR HEALTH CARE.                  138          

      (2)  AS USED IN DIVISION (D) OF THIS SECTION:                140          

      (a)  "DECLARATION" HAS THE SAME MEANING AS IN SECTION        142          

2133.01 OF THE REVISED CODE.                                       143          

      (b)  "DO-NOT-RESUSCITATE ORDER" AND "DNR IDENTIFICATION"     145          

HAVE THE SAME MEANINGS AS IN SECTION 2133.21 OF THE REVISED CODE.  146          

      Sec. 2133.01.  Unless the context otherwise requires, as     155          

used in this chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED    156          

CODE:                                                                           

      (A)  "Adult" means an individual who is eighteen years of    158          

age or older.                                                      159          

      (B)  "Attending physician" means the physician to whom a     161          

declarant or other patient, or the family of a declarant or other  162          

patient, has assigned primary responsibility for the treatment or  163          

care of the declarant or other patient, or, if the responsibility  164          

has not been assigned, the physician who has accepted that         165          

responsibility.                                                                 

      (C)  "Comfort care" means any of the following:              167          

      (1)  Nutrition when administered to diminish the pain or     169          

discomfort of a declarant or other patient, but not to postpone    170          

THE DECLARANT'S OR OTHER PATIENT'S death;                          171          

      (2)  Hydration when administered to diminish the pain or     173          

discomfort of a declarant or other patient, but not to postpone    174          

THE DECLARANT'S OR OTHER PATIENT'S death;                          175          

      (3)  Any other medical or nursing procedure, treatment,      177          

intervention, or other measure that is taken to diminish the pain  178          

or discomfort of a declarant or other patient, but not to          179          

postpone THE DECLARANT'S OR OTHER PATIENT'S death.                 180          

      (D)  "Consulting physician" means a physician who, in        182          

conjunction with the attending physician of a declarant or other   183          

patient, makes one or more determinations that are required to be  184          

made by the attending physician, or to be made by the attending    185          

                                                          5      

                                                                 
physician and one other physician, by an applicable provision of   186          

this chapter, to a reasonable degree of medical certainty and in   187          

accordance with reasonable medical standards.                      188          

      (E)  "Declarant" means any adult who has executed a          190          

declaration in accordance with section 2133.02 of the Revised      191          

Code.                                                              192          

      (F)  "Declaration" means a written document executed in      194          

accordance with section 2133.02 of the Revised Code.               195          

      (G)  "Durable power of attorney for health care" means a     197          

document created pursuant to sections 1337.11 to 1337.17 of the    198          

Revised Code.                                                      199          

      (H)  "Guardian" means a person appointed by a probate court  201          

pursuant to Chapter 2111. of the Revised Code to have the care     202          

and management of the person of an incompetent.                    203          

      (I)  "Health care facility" means any of the following:      205          

      (1)  A hospital;                                             207          

      (2)  A hospice care program or other institution that        209          

specializes in comfort care of patients in a terminal condition    210          

or in a permanently unconscious state;                             211          

      (3)  A nursing home;                                         213          

      (4)  A home health agency;                                   215          

      (5)  An intermediate care facility for the mentally          217          

retarded.                                                          218          

      (J)  "Health care personnel" means physicians, nurses,       220          

physician assistants, emergency medical technicians-basic,         222          

emergency medical technicians-intermediate, emergency medical      223          

technicians-paramedic, medical technicians, dietitians, other      224          

authorized persons acting under the direction of an attending      225          

physician, and administrators of health care facilities.                        

      (K)  "Home health agency" has the same meaning as in         227          

section 3701.88 of the Revised Code.                               228          

      (L)  "Hospice care program" has the same meaning as in       230          

section 3712.01 of the Revised Code.                               231          

      (M)  "Hospital" has the same meanings as in sections         233          

                                                          6      

                                                                 
2108.01, 3701.01, and 5122.01 of the Revised Code.                 234          

      (N)  "Hydration" means fluids that are artificially or       236          

technologically administered.                                      237          

      (O)  "Incompetent" has the same meaning as in section        239          

2111.01 of the Revised Code.                                       240          

      (P)  "Intermediate care facility for the mentally retarded"  242          

has the same meaning as in section 5111.20 of the Revised Code.    243          

      (Q)  "Life-sustaining treatment" means any medical           245          

procedure, treatment, intervention, or other measure that, when    246          

administered to a qualified patient or other patient, will serve   247          

principally to prolong the process of dying.                       248          

      (R)  "Nurse" means a person who is licensed to practice      250          

nursing as a registered nurse or to practice practical nursing as  251          

a licensed practical nurse pursuant to Chapter 4723. of the        252          

Revised Code.                                                      253          

      (S)  "Nursing home" has the same meaning as in section       255          

3721.01 of the Revised Code.                                       256          

      (T)  "Nutrition" means sustenance that is artificially or    258          

technologically administered.                                      259          

      (U)  "Permanently unconscious state" means a state of        261          

permanent unconsciousness in a declarant or other patient that,    262          

to a reasonable degree of medical certainty as determined in       263          

accordance with reasonable medical standards by the declarant's    264          

or other patient's attending physician and one other physician     265          

who has examined the declarant or other patient, is characterized  266          

by both of the following:                                          267          

      (1)  Irreversible unawareness of one's being and             269          

environment.                                                                    

      (2)  Total loss of cerebral cortical functioning, resulting  271          

in the declarant or other patient having no capacity to            272          

experience pain or suffering.                                                   

      (V)  "Person" has the same meaning as in section 1.59 of     274          

the Revised Code and additionally includes political subdivisions  275          

and governmental agencies, boards, commissions, departments,       276          

                                                          7      

                                                                 
institutions, offices, and other instrumentalities.                277          

      (W)  "Physician" means a person who is authorized under      279          

Chapter 4731. of the Revised Code to practice medicine and         281          

surgery or osteopathic medicine and surgery.                                    

      (X)  "Political subdivision" and "state" have the same       283          

meanings as in section 2744.01 of the Revised Code.                284          

      (Y)  "Professional disciplinary action" means action taken   286          

by the board or other entity that regulates the professional       287          

conduct of health care personnel, including the state medical      288          

board and the board of nursing.                                    289          

      (Z)  "Qualified patient" means an adult who has executed a   291          

declaration and has been determined to be in a terminal condition  292          

or in a permanently unconscious state.                             293          

      (AA)  "Terminal condition" means an irreversible,            295          

incurable, and untreatable condition caused by disease, illness,   296          

or injury from which, to a reasonable degree of medical certainty  297          

as determined in accordance with reasonable medical standards by   298          

a declarant's or other patient's attending physician and one       299          

other physician who has examined the declarant or other patient,   300          

both of the following apply:                                       301          

      (1)  There can be no recovery.                               303          

      (2)  Death is likely to occur within a relatively short      305          

time if life-sustaining treatment is not administered.             306          

      (BB)  "Tort action" means a civil action for damages for     308          

injury, death, or loss to person or property, other than a civil   309          

action for damages for breach of a contract or another agreement   310          

between persons.                                                   311          

      Sec. 2133.02.  (A)(1)  An adult who is of sound mind         321          

voluntarily may execute at any time a declaration governing the    322          

use or continuation, or the withholding or withdrawal, of          323          

life-sustaining treatment.  The declaration shall be signed by     324          

the declarant or by another individual at the direction of the     325          

declarant, state the date of its execution, and either be          326          

witnessed as described in division (B)(1) of this section or be    327          

                                                          8      

                                                                 
acknowledged by the declarant in accordance with division (B)(2)   328          

of this section.  The declaration may include a designation by     329          

the declarant of one or more persons who are to be notified by     330          

the declarant's attending physician at any time that               331          

life-sustaining treatment would be withheld or withdrawn pursuant  332          

to the declaration.  THE DECLARATION MAY INCLUDE A SPECIFIC        333          

AUTHORIZATION FOR THE WITHHOLDING OR WITHDRAWAL OF CPR, BUT THE    334          

FAILURE TO INCLUDE A SPECIFIC AUTHORIZATION FOR THE WITHHOLDING    335          

OR WITHDRAWAL OF CPR DOES NOT PRECLUDE THE WITHHOLDING OR          336          

WITHDRAWAL OF CPR IN ACCORDANCE WITH SECTIONS 2133.01 TO 2133.15   337          

OR SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE.                338          

      (2)  Depending upon whether the declarant intends his THE    340          

declaration to apply when he THE DECLARANT is in a terminal        341          

condition, in a permanently unconscious state, or in either a      343          

terminal condition or a permanently unconscious state, his THE     344          

DECLARANT'S declaration shall use either or both of the terms      346          

"terminal condition" and "permanently unconscious state," and      347          

shall define or otherwise explain those terms in capital letters   348          

and in a manner that is substantially consistent with the          349          

provisions of section 2133.01 of the Revised Code.                 350          

      (3)(a)  If a declarant who has authorized the withholding    352          

or withdrawal of life-sustaining treatment intends that his THE    353          

DECLARANT'S attending physician withhold or withdraw nutrition or  354          

hydration when he THE DECLARANT is in a permanently unconscious    356          

state and when the nutrition and hydration will not or no longer   357          

will serve to provide comfort to him THE DECLARANT or alleviate    358          

his THE DECLARANT'S pain, then the declarant shall authorize his   359          

THE DECLARANT'S attending physician to withhold or withdraw        360          

nutrition or hydration when he THE DECLARANT is in the             361          

permanently unconscious state by doing both of the following in    363          

the declaration:                                                                

      (i)  Including a statement in capital letters that his THE   365          

DECLARANT'S attending physician may withhold or withdraw           366          

nutrition and hydration if he THE DECLARANT is in a permanently    367          

                                                          9      

                                                                 
unconscious state and if his THE DECLARANT'S attending physician   368          

and at least one other physician who has examined him THE          370          

DECLARANT determine, to a reasonable degree of medical certainty   372          

and in accordance with reasonable medical standards, that          373          

nutrition or hydration will not or no longer will serve to                      

provide comfort to him THE DECLARANT or alleviate his THE          375          

DECLARANT'S pain, or checking or otherwise marking a box or line   376          

that is adjacent to a similar statement on a printed form of a     377          

declaration;                                                                    

      (ii)  Placing his THE DECLARANT'S initials or signature      379          

underneath or adjacent to the statement, check, or other mark      381          

described in division (A)(3)(a)(i) of this section.                382          

      (b)  Division (A)(3)(a) of this section does not apply, and  384          

shall not be construed as applying, to the extent that a           385          

declaration authorizes the withholding or withdrawal of            386          

life-sustaining treatment when a declarant is in a terminal        387          

condition.  The provisions of division (E) of section 2133.12 of   388          

the Revised Code pertaining to comfort care shall apply to a       389          

declarant in a terminal condition.                                 390          

      (B)(1)  If witnessed for purposes of division (A) of this    392          

section, a declaration shall be witnessed by two individuals as    393          

described in this division in whose presence the declarant, or     394          

another individual at the direction of the declarant, signed the   395          

declaration.  The witnesses to a declaration shall be adults who   396          

are not related to the declarant by blood, marriage, or adoption,  397          

who are not the attending physician of the declarant, and who are  398          

not the administrator of any nursing home in which the declarant   399          

is receiving care.  Each witness shall subscribe his THE WITNESS'  401          

signature on the declaration and, by doing so, attest to his THE   402          

WITNESS' belief that the declarant appears to be of sound mind     404          

and not under or subject to duress, fraud, or undue influence.     405          

      (2)  If acknowledged for purposes of division (A) of this    407          

section, a declaration shall be acknowledged before a notary       408          

public, who shall make the certification described in section      409          

                                                          10     

                                                                 
147.53 of the Revised Code and also shall attest that the          410          

declarant appears to be of sound mind and not under or subject to  411          

duress, fraud, or undue influence.                                 412          

      (C)  An attending physician, or other health care personnel  414          

acting under the direction of an attending physician, who is       415          

furnished a copy of a declaration shall make it a part of the      416          

declarant's medical record and, when section 2133.05 of the        417          

Revised Code is applicable, also shall comply with that section.   418          

      (D)(1)  Subject to division (D)(2) of this section, an       420          

attending physician of a declarant or a health care facility in    421          

which a declarant is confined may refuse to comply or allow        422          

compliance with the declarant's declaration on the basis of a      423          

matter of conscience or on another basis.  An employee or agent    424          

of an attending physician of a declarant or of a health care       425          

facility in which a declarant is confined may refuse to comply     426          

with the declarant's declaration on the basis of a matter of       427          

conscience.                                                        428          

      (2)  If an attending physician of a declarant or a health    430          

care facility in which a declarant is confined is not willing or   431          

not able to comply or allow compliance with the declarant's        432          

declaration, the physician or facility promptly shall so advise    433          

the declarant and comply with the provisions of section 2133.10    434          

of the Revised Code, or, if the declaration has become operative   435          

as described in division (A) of section 2133.03 of the Revised     436          

Code, shall comply with the provisions of section 2133.10 of the   437          

Revised Code.                                                      438          

      (E)  AS USED IN THIS SECTION, "CPR" HAS THE SAME MEANING AS  441          

IN SECTION 2133.21 OF THE REVISED CODE.                                         

      Sec. 2133.03.  (A)(1)  A declaration becomes operative when  450          

it is communicated to the attending physician of the declarant,    451          

the attending physician and one other physician who examines the   452          

declarant determine that the declarant is in a terminal condition  453          

or in a permanently unconscious state, whichever is addressed in   454          

the declaration, the applicable requirements of divisions (A)(2)   455          

                                                          11     

                                                                 
and (3) of this section are satisfied, and the attending           456          

physician determines that the declarant no longer is able to make  457          

informed decisions regarding the administration of                 458          

life-sustaining treatment.  When the declaration becomes           459          

operative, the attending physician and health care facilities      460          

shall act in accordance with its provisions or comply with the     461          

provisions of section 2133.10 of the Revised Code.                 462          

      (2)  In order for a declaration to become operative in       464          

connection with a declarant who is in a permanently unconscious    465          

state, the consulting physician associated with the determination  466          

that the declarant is in the permanently unconscious state shall   467          

be a physician who, by virtue of advanced education or training,   468          

of a practice limited to particular diseases, illnesses,           469          

injuries, therapies, or branches of medicine or surgery or         470          

osteopathic medicine and surgery, of certification as a            471          

specialist in a particular branch of medicine or surgery or        472          

osteopathic medicine and surgery, or of experience acquired in     473          

the practice of medicine or surgery or osteopathic medicine and    474          

surgery, is qualified to determine whether the declarant is in a   475          

permanently unconscious state.                                     476          

      (3)  In order for a declaration to become operative in       478          

connection with a declarant who is in a terminal condition or in   479          

a permanently unconscious state, the attending physician of the    480          

declarant shall determine, in good faith, to a reasonable degree   481          

of medical certainty, and in accordance with reasonable medical    482          

standards, that there is no reasonable possibility that the        483          

declarant will regain the capacity to make informed decisions      484          

regarding the administration of life-sustaining treatment.         485          

      (B)(1)(a)  A declaration supersedes any general consent to   487          

treatment form signed by or on behalf of the declarant prior to,   488          

upon, or after his THE DECLARANT'S admission to a health care      489          

facility to the extent there is a conflict between the             491          

declaration and the form, even if the form is signed after the     492          

execution of the declaration.  To the extent that the provisions   493          

                                                          12     

                                                                 
of a declaration and a general consent to treatment form do not    494          

conflict, both documents shall govern the use or continuation, or  495          

the withholding or withdrawal, of life-sustaining treatment and    496          

other medical or nursing procedures, treatments, interventions,    497          

or other measures in connection with the declarant.  This          498          

division DIVISION (B)(1)(a) OF THIS SECTION does not apply if a    500          

declaration is revoked pursuant to section 2133.04 of the Revised  501          

Code after the signing of a general consent to treatment form.     502          

      (b)  A DECLARATION SUPERSEDES A DNR IDENTIFICATION, AS       504          

DEFINED IN SECTION 2133.21 OF THE REVISED CODE, OF THE DECLARANT   506          

THAT IS BASED UPON A PRIOR, INCONSISTENT DECLARATION OF THE        508          

DECLARANT OR THAT IS BASED UPON A DO-NOT-RESUSCITATE ORDER, AS     509          

DEFINED IN SECTION 2133.21 OF THE REVISED CODE, THAT A PHYSICIAN                

HAS ISSUED FOR THE DECLARANT PRIOR TO THE EXECUTION OF THE         510          

DECLARATION AND THAT IS INCONSISTENT WITH THE DECLARATION.         511          

      (2)  If a declarant has both a valid durable power of        513          

attorney for health care and a valid declaration, the declaration  514          

supersedes the durable power of attorney for health care to the    515          

extent that the provisions of the documents would conflict if the  516          

declarant should be in a terminal condition or in a permanently    517          

unconscious state.  This division DIVISION (B)(2) OF THIS SECTION  519          

does not apply if the declarant revokes his THE declaration        520          

pursuant to section 2133.04 of the Revised Code.                   521          

      Sec. 2133.07.  A printed form of a declaration may be sold   530          

or otherwise distributed in this state for use by adults who are   531          

not advised by an attorney.  By use of such a printed form OF      532          

THAT NATURE, a declarant may authorize the use or continuation,    534          

or the withholding or withdrawal, of life-sustaining treatment     535          

should he THE DECLARANT be in a terminal condition, a permanently  537          

unconscious state, or either a terminal condition or a             538          

permanently unconscious state, may authorize the withholding or    539          

withdrawal of nutrition or hydration should he THE DECLARANT be    540          

in a permanently unconscious state as described in division        542          

(A)(3)(a) of section 2133.02 of the Revised Code, and may          543          

                                                          13     

                                                                 
designate one or more persons who are to be notified by his THE    544          

DECLARANT'S attending physician at any time that life-sustaining   546          

treatment would be withheld or withdrawn pursuant to the           547          

declaration.  The printed form shall not be used as an instrument  548          

for granting any other type of authority or for making any other   549          

type of designation, EXCEPT THAT THE PRINTED FORM MAY BE USED AS   550          

A DNR IDENTIFICATION IF THE DECLARANT SPECIFIES ON THE FORM THAT   551          

THE DECLARANT WISHES TO USE IT AS A DNR IDENTIFICATION.                         

      AS USED IN THIS SECTION, "DNR IDENTIFICATION" HAS THE SAME   553          

MEANING AS IN SECTION 2133.21 OF THE REVISED CODE.                 554          

      Sec. 2133.10.  (A)  An attending physician who, or a health  563          

care facility in which a qualified patient or other patient is     564          

confined that, is not willing or IS not able to comply or allow    565          

compliance with a declaration of a qualified patient, with a       566          

consent given in accordance with section 2133.08 or 2133.09 of     567          

the Revised Code, with any probate court order issued pursuant to  568          

section 2133.05, 2133.08, or 2133.09 of the Revised Code, or with  569          

any other applicable provision of this chapter SECTIONS 2133.01    570          

TO 2133.15 OF THE REVISED CODE shall not prevent or attempt to     572          

prevent, or unreasonably delay or attempt to unreasonably delay,   573          

the transfer of the qualified patient or other patient to the      574          

care of a physician who, or a health care facility that, is        575          

willing and able to so comply or allow compliance.                 576          

      (B)  If a declaration provides for the use or continuation   578          

of life-sustaining treatment should its declarant subsequently be  579          

in a terminal condition or in a permanently unconscious state, if  580          

a consent decision of a priority individual or class of            581          

individuals under section 2133.08 of the Revised Code is to use    582          

or continue life-sustaining treatment in connection with a         583          

patient described in that section, or if a probate court issues a  584          

reevaluation order pursuant to section 2133.05 or 2133.08 of the   585          

Revised Code that is intended to result in the use or              586          

continuation of life-sustaining treatment in connection with a     587          

qualified patient or other patient, then the attending physician   588          

                                                          14     

                                                                 
of the qualified patient or other patient who, or health care      589          

facility in which the qualified patient or other patient is        590          

confined that, is not willing or IS not able to comply or allow    591          

compliance with the declaration, consent decision, or              592          

reevaluation order shall use or continue the life-sustaining       593          

treatment or cause it to be used or continued until a transfer as  594          

described in division (A) of this section is made.                 595          

      Sec. 2133.12.  (A)  The death of a qualified patient or      604          

other patient resulting from the withholding or withdrawal of      605          

life-sustaining treatment in accordance with this chapter          606          

SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE does not           607          

constitute FOR ANY PURPOSE a suicide, aggravated murder, murder,   608          

or any other homicide offense for any purpose.                     609          

      (B)(1)  The execution of a declaration shall not do either   611          

of the following:                                                  612          

      (a)  Affect the sale, procurement, issuance, or renewal of   614          

any policy of life insurance or annuity, notwithstanding any term  615          

of a policy or annuity to the contrary;                            616          

      (b)  Be deemed to modify or invalidate the terms of any      618          

policy of life insurance or annuity that is in effect on October   619          

10, 1991.                                                          620          

      (2)  Notwithstanding any term of a policy of life insurance  622          

or annuity to the contrary, the withholding or withdrawal of       623          

life-sustaining treatment from an insured, qualified patient or    624          

other patient in accordance with this chapter SECTIONS 2133.01 TO  625          

2133.15 OF THE REVISED CODE shall not impair or invalidate any     627          

policy of life insurance or annuity.                                            

      (3)  Notwithstanding any term of a policy or plan to the     629          

contrary, the use or continuation, or the withholding or           630          

withdrawal, of life-sustaining treatment from an insured,          631          

qualified patient or other patient in accordance with this         632          

chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE shall not  633          

impair or invalidate any policy of health insurance or any health  635          

care benefit plan.                                                              

                                                          15     

                                                                 
      (4)  No physician, health care facility, other health care   637          

provider, person authorized to engage in the business of           638          

insurance in this state under Title XXXIX of the Revised Code,     639          

medical care corporation, health care corporation, health          640          

maintenance organization, other health care plan, legal entity     641          

that is self-insured and provides benefits to its employees or     642          

members, or other person shall require any individual to execute   643          

or refrain from executing a declaration, or shall require an       644          

individual to revoke or refrain from revoking a declaration, as a  645          

condition of being insured or of receiving health care benefits    646          

or services.                                                       647          

      (C)(1)  This chapter does SECTIONS 2133.01 TO 2133.15 OF     649          

THE REVISED CODE DO not create any presumption concerning the      651          

intention of an individual who has revoked or has not executed a   652          

declaration with respect to the use or continuation, or the        653          

withholding or withdrawal, of life-sustaining treatment if he THE  654          

INDIVIDUAL should be in a terminal condition or in a permanently   656          

unconscious state at any time.                                                  

      (2)  This chapter does SECTIONS 2133.01 TO 2133.15 OF THE    658          

REVISED CODE DO not affect the right of a qualified patient or     660          

other patient to make informed decisions regarding the use or      661          

continuation, or the withholding or withdrawal, of                              

life-sustaining treatment as long as he THE QUALIFIED PATIENT OR   662          

OTHER PATIENT is able to make those decisions.                     663          

      (3)  This chapter does SECTIONS 2133.01 TO 2133.15 OF THE    665          

REVISED CODE DO not require a physician, other health care         667          

personnel, or a health care facility to take action that is        668          

contrary to reasonable medical standards.                                       

      (4)  This chapter SECTIONS 2133.01 TO 2133.15 OF THE         670          

REVISED CODE and, if applicable, a declaration do not affect or    672          

limit the authority of a physician or a health care facility to    673          

provide or not to provide life-sustaining treatment to a person    674          

in accordance with reasonable medical standards applicable in an   675          

emergency situation.                                                            

                                                          16     

                                                                 
      (D)  Nothing in this chapter SECTIONS 2133.01 TO 2133.15 OF  677          

THE REVISED CODE condones, authorizes, or approves of mercy        679          

killing, assisted suicide, or euthanasia.                                       

      (E)(1)  This chapter does SECTIONS 2133.01 TO 2133.15 OF     681          

THE REVISED CODE DO not affect the responsibility of the           683          

attending physician of a qualified patient or other patient, or    684          

other health care personnel acting under the direction of the                   

patient's attending physician, to provide comfort care to the      685          

patient.  Nothing in this chapter SECTIONS 2133.01 TO 2133.15 OF   687          

THE REVISED CODE precludes the attending physician of a qualified  688          

patient or other patient who carries out the responsibility to     689          

provide comfort care to the patient in good faith and while        690          

acting within the scope of his THE ATTENDING PHYSICIAN'S           691          

authority from prescribing, dispensing, administering, or causing  692          

to be administered any particular medical procedure, treatment,    693          

intervention, or other measure to the patient, including, but not  694          

limited to, prescribing, dispensing, administering, or causing to  695          

be administered by judicious titration or in another manner any    696          

form of medication, for the purpose of diminishing his THE         697          

PATIENT'S pain or discomfort and not for the purpose of            698          

postponing or causing his THE PATIENT'S death, even though the     699          

medical procedure, treatment, intervention, or other measure may   701          

appear to hasten or increase the risk of the patient's death.      702          

Nothing in this chapter SECTIONS 2133.01 TO 2133.15 OF THE         703          

REVISED CODE precludes health care personnel acting under the                   

direction of the patient's attending physician who carry out the   705          

responsibility to provide comfort care to the patient in good      706          

faith and while acting within the scope of their authority from    707          

dispensing, administering, or causing to be administered any       708          

particular medical procedure, treatment, intervention, or other    709          

measure to the patient, including, but not limited to,             710          

dispensing, administering, or causing to be administered by        711          

judicious titration or in another manner any form of medication,   712          

for the purpose of diminishing his THE PATIENT'S pain or           713          

                                                          17     

                                                                 
discomfort and not for the purpose of postponing or causing his    715          

THE PATIENT'S death, even though the medical procedure,            716          

treatment, intervention, or other measure may appear to hasten or  717          

increase the risk of the patient's death.                                       

      (2)(a)  If, at any time, a person described in division      719          

(A)(2)(a)(i) of section 2133.05 of the Revised Code or the         720          

individual or a majority of the individuals in either of the       721          

first two classes of individuals that pertain to a declarant in    722          

the descending order of priority set forth in division             723          

(A)(2)(a)(ii) of section 2133.05 of the Revised Code believes in   724          

good faith that both of the following circumstances apply, the     725          

person or the individual or majority of individuals in either of   726          

the first two classes of individuals may commence an action in     727          

the probate court of the county in which a declarant who is in a   728          

terminal condition or permanently unconscious state is located     729          

for the issuance of an order mandating the use or continuation of  730          

comfort care in connection with the declarant in a manner that is  731          

consistent with division (E)(1) of this section:                   732          

      (i)  Comfort care is not being used or continued in          734          

connection with the declarant.                                     735          

      (ii)  The withholding or withdrawal of the comfort care is   737          

contrary to division (E)(1) of this section.                       738          

      (b)  If a declarant did not designate in his THE             740          

DECLARANT'S declaration a person as described in division          742          

(A)(2)(a)(i) of section 2133.05 of the Revised Code and if, at     743          

any time, a priority individual or any member of a priority class  744          

of individuals under division (A)(2)(a)(ii) of section 2133.05 of  745          

the Revised Code or, at any time, the individual or a majority of  746          

the individuals in the next class of individuals that pertains to  747          

the declarant in the descending order of priority set forth in     748          

that division believes in good faith that both of the following    749          

circumstances apply, the priority individual, the member of the    750          

priority class of individuals, or the individual or majority of    751          

individuals in the next class of individuals that pertains to the  752          

                                                          18     

                                                                 
declarant may commence an action in the probate court of the       753          

county in which a declarant who is in a terminal condition or      754          

permanently unconscious state is located for the issuance of an    755          

order mandating the use or continuation of comfort care in         756          

connection with the declarant in a manner that is consistent with  757          

division (E)(1) of this section:                                   758          

      (i)  Comfort care is not being used or continued in          760          

connection with the declarant.                                     761          

      (ii)  The withholding or withdrawal of the comfort care is   763          

contrary to division (E)(1) of this section.                       764          

      (c)  If, at any time, a priority individual or any member    766          

of a priority class of individuals under division (B) of section   767          

2133.08 of the Revised Code or, at any time, the individual or a   768          

majority of the individuals in the next class of individuals that  769          

pertains to the patient in the descending order of priority set    770          

forth in that division believes in good faith that both of the     771          

following circumstances apply, the priority individual, the        772          

member of the priority class of individuals, or the individual or  773          

majority of individuals in the next class of individuals that      774          

pertains to the patient may commence an action in the probate      775          

court of the county in which a patient as described in division    776          

(A) of section 2133.08 of the Revised Code is located for the      777          

issuance of an order mandating the use or continuation of comfort  778          

care in connection with the patient in a manner that is            779          

consistent with division (E)(1) of this section:                   780          

      (i)  Comfort care is not being used or continued in          782          

connection with the patient.                                       783          

      (ii)  The withholding or withdrawal of the comfort care is   785          

contrary to division (E)(1) of this section.                       786          

      Sec. 2133.13.  In the absence of actual knowledge to the     795          

contrary and if acting in good faith, an attending or consulting   796          

physician, other health care personnel, and health care            797          

facilities may assume that a declaration complies with this        798          

chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE and is                  

                                                          19     

                                                                 
valid.                                                                          

      Sec. 2133.14.  A declaration executed under the law of       807          

another state in compliance with that law or in substantial        808          

compliance with this chapter SECTIONS 2133.01 TO 2133.15 OF THE    809          

REVISED CODE shall be considered to be valid for purposes of this  810          

chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE.                        

      Sec. 2133.15.  (A)  This chapter shall SECTIONS 2133.01 TO   819          

2133.15 OF THE REVISED CODE apply to any written document that     821          

was executed anywhere prior to the effective date of this section  822          

OCTOBER 10, 1991, that voluntarily was so executed by an adult     824          

who was of sound mind, that was signed by the adult or by another  825          

individual at the direction of the adult, that was or was not      826          

witnessed or acknowledged before a notary public as described in   827          

division (B) of section 2133.02 of the Revised Code, and that      828          

specifies the adult's intention with respect to the use or         829          

continuation, or the withholding or withdrawal, of                 830          

life-sustaining treatment if he THE ADULT is at any time in a      832          

terminal condition, in a permanently unconscious state, or in                   

either a terminal condition or a permanently unconscious state,    833          

if he THE ADULT is at that time no longer able to make informed    834          

decisions regarding the administration of life-sustaining          836          

treatment, and if at that time there is no reasonable possibility  837          

that he THE ADULT will regain the capacity to make those informed  839          

decisions.  The document shall be considered to be a declaration,  840          

shall be given effect as if it had been executed on or after the   841          

effective date of this section OCTOBER 10, 1991, in accordance     842          

with this chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED       843          

CODE, and, except as otherwise provided in division (B) of this    845          

section, shall be subject to all provisions of this chapter                     

SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE pertaining to      846          

declarations.                                                                   

      (B)(1)  If a declaration as described in division (A) of     848          

this section does not state that, or does not contain a checked    849          

or marked box or line adjacent to a statement indicating that,     850          

                                                          20     

                                                                 
the declarant authorizes his THE DECLARANT'S attending physician   851          

to withhold or withdraw nutrition or hydration when he THE         853          

DECLARANT is in a permanently unconscious state and when his THE   854          

DECLARANT'S attending physician and at least one other physician   856          

who has examined him THE DECLARANT determine, to a reasonable      858          

degree of medical certainty and in accordance with reasonable      859          

medical standards, that nutrition or hydration will not or no      860          

longer will serve to provide comfort to him THE DECLARANT or       861          

alleviate his THE DECLARANT'S pain, then, if the declaration       862          

becomes operative under section 2133.03 of the Revised Code        863          

because the declarant is in a permanently unconscious state, the   864          

attending physician of the declarant shall apply to the probate    865          

court of the county in which the declarant is located for the      866          

issuance of an order whether or not the attending physician is     867          

required to provide the declarant with nutrition and hydration     868          

for as long as the declarant is in the permanently unconscious     869          

state.  Upon the filing of the application, the clerk of the       870          

probate court shall schedule a hearing on it and cause a copy of   871          

it and a notice of the hearing to be served in accordance with     872          

the Rules of Civil Procedure upon the attending physician and the  873          

individuals described in divisions (B)(1) to (5) of section        874          

2133.08 of the Revised Code, which service shall be made, if       875          

possible, within three days after the filing of the application.   876          

The hearing shall be conducted at the earliest possible time, but  877          

no sooner than the thirtieth business day, and no later than the   878          

sixtieth business day, after such THAT service has been            879          

completed.                                                                      

      (2)  At the hearing, the attending physician and any         881          

individual described in divisions (B)(1) to (5) of section         882          

2133.08 of the Revised Code shall be permitted to testify and      883          

present evidence relative to the use or continuation, or the       884          

withholding or withdrawal, of nutrition and hydration for as long  885          

as the declarant is in the permanently unconscious state.          886          

Immediately following the hearing, the court shall enter on its    887          

                                                          21     

                                                                 
journal its determination, based on the evidence presented by all  888          

of the parties at the hearing on the application and subject to    889          

division (B)(3) of this section, whether or not the attending      890          

physician is required to provide the declarant with nutrition and  891          

hydration for as long as he THE DECLARANT is in the permanently    892          

unconscious state.                                                 893          

      (3)  The court shall issue an order that authorizes the      895          

declarant's attending physician to commence the withholding or     896          

withdrawal of nutrition and hydration in connection with the       897          

delarant DECLARANT only if the applicant establishes, by clear     898          

and convincing evidence, that the order would be consistent with   899          

one of the following:                                              900          

      (a)  The declarant's previously expressed intention with     902          

respect to the use or continuation, or the withholding or          903          

withdrawal, of nutrition and hydration should he THE DECLARANT     904          

subsequently be in a permanently unconscious state and no longer   906          

able to make informed decisions regarding the administration of    907          

nutrition and hydration;                                           908          

      (b)  In the absence of such a previously expressed           910          

intention OF THAT NATURE, the type of informed consent decision    911          

that the declarant would have made if he THE DECLARANT had         913          

expressed his THE DECLARANT'S intention with respect to the use    915          

or continuation, or the withholding or withdrawal, of nutrition    916          

and hydration should he THE DECLARANT subsequently be in a         918          

permanently unconscious state and no longer able to make informed  919          

decisions regarding the administration of nutrition and                         

hydration, as inferred from the lifestyle and character of the     920          

declarant, and from any other evidence of the declarant's          921          

desires, prior to his THE DECLARANT becoming no longer able to     922          

make informed decisions regarding the administration of nutrition  924          

and hydration.  The Rules of Evidence shall not be binding for     925          

purposes of this division.                                         926          

      (4)  Notwithstanding any contrary provision of the Revised   928          

Code or of the Rules of Civil Procedure, the state and persons     929          

                                                          22     

                                                                 
other than individuals described in divisions (B)(1) to (5) of     930          

section 2133.08 of the Revised Code and other than the attending   931          

physician of the declarant are prohibited from filing an           932          

application under this division (B) OF THIS SECTION and from       934          

joining or being joined as parties to a hearing conducted under    935          

this division (B) OF THIS SECTION, including joining by way of     936          

intervention.                                                                   

      Sec. 2133.21.  AS USED IN SECTIONS 2133.21 TO 2133.26 OF     938          

THE REVISED CODE, UNLESS THE CONTEST CLEARLY REQUIRES OTHERWISE:   941          

      (A)  "ATTENDING PHYSICIAN" MEANS THE PHYSICIAN TO WHOM A     944          

PERSON, OR THE FAMILY OF A PERSON, HAS ASSIGNED PRIMARY            945          

RESPONSIBILITY FOR THE TREATMENT OR CARE OF THE PERSON OR, IF THE  946          

PERSON OR THE PERSON'S FAMILY HAS NOT ASSIGNED THAT                947          

RESPONSIBILITY, THE PHYSICIAN WHO HAS ACCEPTED THAT                948          

RESPONSIBILITY.                                                                 

      (B)  "DECLARATION," "HEALTH CARE FACILITY,"                  950          

"LIFE-SUSTAINING TREATMENT," "PHYSICIAN," "PROFESSIONAL            951          

DISCIPLINARY ACTION," AND "TORT ACTION" HAVE THE SAME MEANINGS AS  952          

IN SECTION 2133.01 OF THE REVISED CODE.                                         

      (C)  "DNR IDENTIFICATION" MEANS A STANDARDIZED               955          

IDENTIFICATION CARD, FORM, NECKLACE, OR BRACELET THAT IS OF                     

UNIFORM SIZE AND DESIGN, THAT HAS BEEN APPROVED BY THE DEPARTMENT  957          

OF HEALTH PURSUANT TO SECTION 2133.25 OF THE REVISED CODE, AND     959          

THAT SIGNIFIES EITHER OF THE FOLLOWING:                            960          

      (1)  THAT THE PERSON WHO POSSESSES THE CARD, FORM,           962          

NECKLACE, OR BRACELET HAS EXECUTED A DECLARATION THAT AUTHORIZES   964          

THE WITHHOLDING OR WITHDRAWAL OF CPR AND THAT HAS NOT BEEN         965          

REVOKED PURSUANT TO SECTION 2133.04 OF THE REVISED CODE;           966          

      (2)  THAT THE ATTENDING PHYSICIAN OF THE PERSON WHO          968          

POSSESSES THE CARD, FORM, NECKLACE, OR BRACELET HAS ISSUED A       969          

CURRENT DO-NOT-RESUSCITATE ORDER, IN ACCORDANCE WITH THE           970          

DO-NOT-RESUSCITATE PROTOCOL ADOPTED BY THE DEPARTMENT OF HEALTH    971          

PURSUANT TO SECTION 2133.25 OF THE REVISED CODE, FOR THAT PERSON   972          

AND HAS DOCUMENTED THE GROUNDS FOR THE ORDER IN THAT PERSON'S      973          

                                                          23     

                                                                 
MEDICAL FILE.                                                                   

      (D)  "DO-NOT-RESUSCITATE ORDER" MEANS A DIRECTIVE ISSUED BY  975          

A PHYSICIAN THAT IDENTIFIES A PERSON AND SPECIFIES THAT CPR        977          

SHOULD NOT BE ADMINISTERED TO THE PERSON SO IDENTIFIED.            978          

      (E)  "DO-NOT-RESUSCITATE PROTOCOL" MEANS A STANDARDIZED      981          

METHOD OF PROCEDURE FOR THE WITHHOLDING OF CPR BY PHYSICIANS,      982          

EMERGENCY MEDICAL SERVICE PERSONNEL, AND HEALTH CARE FACILITIES    983          

THAT IS ADOPTED IN THE RULES OF THE DEPARTMENT OF HEALTH PURSUANT  985          

TO SECTION 2133.25 OF THE REVISED CODE.                            986          

      (F)  "EMERGENCY MEDICAL SERVICES PERSONNEL" MEANS PAID OR    989          

VOLUNTEER FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, FIRST            990          

RESPONDERS, EMERGENCY MEDICAL TECHNICIANS-BASIC, EMERGENCY         991          

MEDICAL TECHNICIANS-INTERMEDIATE, EMERGENCY MEDICAL                992          

TECHNICIANS-PARAMEDIC, MEDICAL TECHNICIANS, OR OTHER EMERGENCY     993          

SERVICES PERSONNEL ACTING WITHIN THE ORDINARY COURSE OF THEIR      994          

PROFESSION.                                                                     

      (G)  "CPR" MEANS CARDIOPULMONARY RESUSCITATION OR A          996          

COMPONENT OF CARDIOPULMONARY RESUSCITATION.                        997          

      Sec. 2133.22.  (A)(1)  NONE OF THE FOLLOWING ARE SUBJECT TO  999          

CRIMINAL PROSECUTION, TO LIABILITY IN DAMAGES IN A TORT OR OTHER   1,001        

CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY, OR  1,002        

TO PROFESSIONAL DISCIPLINARY ACTION ARISING OUT OF OR RELATING TO  1,003        

THE WITHHOLDING OR WITHDRAWAL OF CPR FROM A PERSON AFTER DNR       1,005        

IDENTIFICATION IS DISCOVERED IN THE PERSON'S POSSESSION:           1,006        

      (a)  A PHYSICIAN WHO CAUSES THE WITHHOLDING OR WITHDRAWAL    1,008        

OF CPR FROM THE PERSON POSSESSING THE DNR IDENTIFICATION;          1,010        

      (b)  A PERSON WHO PARTICIPATES UNDER THE DIRECTION OF OR     1,013        

WITH THE AUTHORIZATION OF A PHYSICIAN IN THE WITHHOLDING OR        1,014        

WITHDRAWAL OF CPR FROM THE PERSON POSSESSING THE DNR               1,015        

IDENTIFICATION;                                                                 

      (c)  ANY EMERGENCY MEDICAL SERVICES PERSONNEL WHO CAUSE OR   1,017        

PARTICIPATE IN THE WITHHOLDING OR WITHDRAWAL OF CPR FROM THE       1,018        

PERSON POSSESSING THE DNR IDENTIFICATION.                          1,019        

      (2)  NONE OF THE FOLLOWING ARE SUBJECT TO CRIMINAL           1,021        

                                                          24     

                                                                 
PROSECUTION, TO LIABILITY IN DAMAGES IN A TORT OR OTHER CIVIL      1,022        

ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY, OR TO     1,023        

PROFESSIONAL DISCIPLINARY ACTION ARISING OUT OF OR RELATING TO     1,024        

THE WITHHOLDING OR WITHDRAWAL OF CPR FROM A PERSON IN A HEALTH     1,026        

CARE FACILITY AFTER DNR IDENTIFICATION IS DISCOVERED IN THE        1,027        

PERSON'S POSSESSION OR A DO-NOT-RESUSCITATE ORDER IS ISSUED FOR    1,028        

THE PERSON:                                                                     

      (a)  THE HEALTH CARE FACILITY OR THE ADMINISTRATOR OF THE    1,030        

HEALTH CARE FACILITY;                                              1,031        

      (b)  A PHYSICIAN WHO CAUSES THE WITHHOLDING OR WITHDRAWAL    1,034        

OF CPR FROM THE PERSON POSSESSING THE DNR IDENTIFICATION OR FOR    1,036        

WHOM THE DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED;                 1,037        

      (c)  ANY PERSON WHO WORKS FOR THE HEALTH CARE FACILITY AS    1,040        

AN EMPLOYEE, CONTRACTOR, OR VOLUNTEER AND WHO PARTICIPATES UNDER   1,041        

THE DIRECTION OF OR WITH THE AUTHORIZATION OF A PHYSICIAN IN THE   1,042        

WITHHOLDING OR WITHDRAWAL OF CPR FROM THE PERSON POSSESSING THE    1,044        

DNR IDENTIFICATION;                                                             

      (d)  ANY PERSON WHO WORKS FOR THE HEALTH CARE FACILITY AS    1,047        

AN EMPLOYEE, CONTRACTOR, OR VOLUNTEER AND WHO PARTICIPATES UNDER   1,048        

THE DIRECTION OF OR WITH THE AUTHORIZATION OF A PHYSICIAN IN THE   1,049        

WITHHOLDING OR WITHDRAWAL OF CPR FROM THE PERSON FOR WHOM THE      1,051        

DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED.                                       

      (3)  IF, AFTER DNR IDENTIFICATION IS DISCOVERED IN THE       1,053        

POSSESSION OF A PERSON, THE PERSON MAKES AN ORAL OR WRITTEN        1,054        

REQUEST TO RECEIVE CPR, ANY PERSON WHO PROVIDES CPR PURSUANT TO    1,055        

THE REQUEST, ANY HEALTH CARE FACILITY IN WHICH CPR IS PROVIDED,    1,057        

AND THE ADMINISTRATOR OF ANY HEALTH CARE FACILITY IN WHICH CPR IS  1,058        

PROVIDED ARE NOT SUBJECT TO CRIMINAL PROSECUTION AS A RESULT OF    1,059        

THE PROVISION OF THE CPR, ARE NOT LIABLE IN DAMAGES IN A TORT OR   1,060        

OTHER CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR         1,061        

PROPERTY THAT ARISES OUT OF OR IS RELATED TO THE PROVISION OF THE  1,062        

CPR, AND ARE NOT SUBJECT TO PROFESSIONAL DISCIPLINARY ACTION AS A  1,063        

RESULT OF THE PROVISION OF THE CPR.                                1,064        

      (B)  DIVISIONS (A)(1), (A)(2), AND (C) OF THIS SECTION DO    1,068        

                                                          25     

                                                                 
NOT APPLY WHEN CPR IS WITHHELD OR WITHDRAWN FROM A PERSON WHO                   

POSSESSES DNR IDENTIFICATION OR FOR WHOM A DO-NOT-RESUSCITATE      1,069        

ORDER HAS BEEN ISSUED UNLESS THE WITHHOLDING OR WITHDRAWAL IS IN   1,070        

ACCORDANCE WITH THE DO-NOT-RESUSCITATE PROTOCOL.                   1,071        

      (C)  ANY EMERGENCY MEDICAL SERVICES PERSONNEL WHO COMPLY     1,073        

WITH A DO-NOT-RESUSCITATE ORDER ISSUED BY A LICENSED PHYSICIAN     1,075        

AND ANY INDIVIDUALS WHO WORK FOR A HEALTH CARE FACILITY AS         1,076        

EMPLOYEES, CONTRACTORS, OR VOLUNTEERS AND WHO COMPLY WITH A                     

DO-NOT-RESUSCITATE ORDER ISSUED BY A LICENSED PHYSICIAN ARE NOT    1,077        

SUBJECT TO LIABILITY IN DAMAGES IN A CIVIL ACTION FOR INJURY,      1,079        

DEATH, OR LOSS TO PERSON OR PROPERTY THAT ARISES OUT OF OR IS      1,080        

RELATED TO COMPLIANCE WITH THE ORDER, ARE NOT SUBJECT TO CRIMINAL  1,081        

PROSECUTION AS A RESULT OF COMPLIANCE WITH THE ORDER, AND ARE NOT  1,082        

SUBJECT TO PROFESSIONAL DISCIPLINARY ACTION AS A RESULT OF         1,083        

COMPLIANCE WITH THE ORDER.                                         1,084        

      IN AN EMERGENCY SITUATION, EMERGENCY MEDICAL SERVICES        1,086        

PERSONNEL ARE NOT REQUIRED TO SEARCH A PERSON TO DETERMINE IF THE  1,088        

PERSON POSSESSES DNR IDENTIFICATION.  IF A PERSON POSSESSES DNR    1,090        

IDENTIFICATION, IF EMERGENCY MEDICAL SERVICES PERSONNEL PROVIDE    1,091        

CPR TO THE PERSON IN AN EMERGENCY SITUATION, AND IF, AT THAT       1,092        

TIME, THE EMERGENCY MEDICAL SERVICES PERSONNEL DO NOT KNOW AND DO  1,093        

NOT HAVE REASONABLE CAUSE TO BELIEVE THAT THE PERSON POSSESSES                  

DNR IDENTIFICATION, THE EMERGENCY MEDICAL SERVICES PERSONNEL ARE   1,095        

NOT SUBJECT TO CRIMINAL PROSECUTION AS A RESULT OF THE PROVISION   1,096        

OF THE CPR, ARE NOT LIABLE IN DAMAGES IN A TORT OR OTHER CIVIL     1,097        

ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT       1,098        

ARISES OUT OF OR IS RELATED TO THE PROVISION OF THE CPR, AND ARE   1,100        

NOT SUBJECT TO PROFESSIONAL DISCIPLINARY ACTION AS A RESULT OF     1,101        

THE PROVISION OF THE CPR.                                                       

      Sec. 2133.23.  (A)  IF EMERGENCY MEDICAL SERVICES            1,104        

PERSONNEL, OTHER THAN A PHYSICIAN, ARE PRESENTED WITH DNR          1,105        

IDENTIFICATION POSSESSED BY A PERSON OR ARE PRESENTED WITH A       1,106        

WRITTEN DO-NOT-RESUSCITATE ORDER FOR A PERSON OR IF A PHYSICIAN    1,107        

DIRECTLY ISSUES TO EMERGENCY MEDICAL SERVICES PERSONNEL, OTHER     1,108        

                                                          26     

                                                                 
THAN A PHYSICIAN, AN ORAL DO-NOT-RESUSCITATE ORDER FOR A PERSON,   1,109        

THE EMERGENCY MEDICAL SERVICES PERSONNEL SHALL COMPLY WITH THE     1,110        

DO-NOT-RESUSCITATE PROTOCOL FOR THE PERSON.  IF THE ORAL           1,111        

DO-NOT-RESUSCITATE ORDER IS ISSUED BY A PHYSICIAN WHO IS NOT       1,113        

PRESENT AT THE SCENE, THE EMERGENCY MEDICAL SERVICES PERSONNEL     1,114        

SHALL VERIFY THE PHYSICIAN'S IDENTITY.                                          

      (B)  IF A PERSON POSSESSES DNR IDENTIFICATION AND IF THE     1,116        

PERSON'S ATTENDING PHYSICIAN OR THE HEALTH CARE FACILITY IN WHICH  1,118        

THE PERSON IS LOCATED IS UNWILLING OR UNABLE TO COMPLY WITH THE    1,119        

DO-NOT-RESUSCITATE PROTOCOL FOR THE PERSON, THE ATTENDING          1,120        

PHYSICIAN OR THE HEALTH CARE FACILITY SHALL TAKE ALL REASONABLE    1,121        

STEPS TO TRANSFER THE PERSON TO A DIFFERENT PHYSICIAN WHO WILL     1,122        

FOLLOW THE PROTOCOL OR TO A DIFFERENT HEALTH CARE FACILITY IN      1,123        

WHICH THE PROTOCOL WILL BE FOLLOWED.                               1,124        

      (C)  IF A PERSON WHO POSSESSES DNR IDENTIFICATION OR FOR     1,128        

WHOM A CURRENT DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED IS BEING   1,129        

TRANSFERRED FROM ONE HEALTH CARE FACILITY TO ANOTHER, BEFORE OR    1,130        

AT THE TIME OF THE TRANSFER, THE TRANSFERRING HEALTH CARE          1,131        

FACILITY SHALL NOTIFY THE RECEIVING HEALTH CARE FACILITY AND THE   1,132        

PERSONS TRANSPORTING THE PERSON OF THE EXISTENCE OF THE DNR        1,133        

IDENTIFICATION OR THE ORDER.  IF A CURRENT DO-NOT-RESUSCITATE                   

ORDER WAS ISSUED ORALLY, IT SHALL BE REDUCED TO WRITING BEFORE     1,134        

THE TIME OF THE TRANSFER.  THE DNR IDENTIFICATION OR THE ORDER     1,135        

SHALL ACCOMPANY THE PERSON TO THE RECEIVING HEALTH CARE FACILITY   1,136        

AND SHALL REMAIN IN EFFECT UNLESS IT IS REVOKED OR UNLESS, IN THE  1,137        

CASE OF A DO-NOT-RESUSCITATE ORDER, THE ORDER NO LONGER IS         1,138        

CURRENT.                                                           1,139        

      Sec. 2133.24.  (A)  THE DEATH OF A PERSON RESULTING FROM     1,141        

THE WITHHOLDING OR WITHDRAWAL OF CPR FOR THE PERSON PURSUANT TO    1,142        

THE DO-NOT-RESUSCITATE PROTOCOL AND IN THE CIRCUMSTANCES           1,144        

DESCRIBED IN SECTION 2133.22 OF THE REVISED CODE OR IN ACCORDANCE  1,145        

WITH DIVISION (A) OF SECTION 2133.23 OF THE REVISED CODE DOES NOT  1,147        

CONSTITUTE FOR ANY PURPOSE A SUICIDE, AGGRAVATED MURDER, MURDER,   1,148        

OR ANY OTHER HOMICIDE.                                             1,149        

                                                          27     

                                                                 
      (B)(1)  IF A PERSON POSSESSES DNR IDENTIFICATION OR IF A     1,152        

CURRENT DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED FOR A PERSON,                  

THE POSSESSION OR ORDER SHALL NOT DO EITHER OF THE FOLLOWING:      1,153        

      (a)  AFFECT IN ANY MANNER THE SALE, PROCUREMENT, ISSUANCE,   1,156        

OR RENEWAL OF A POLICY OF LIFE INSURANCE OR ANNUITY,               1,157        

NOTWITHSTANDING ANY TERM OF A POLICY OR ANNUITY TO THE CONTRARY;   1,158        

      (b)  BE DEEMED TO MODIFY IN ANY MANNER OR INVALIDATE THE     1,161        

TERMS OF ANY POLICY OF LIFE INSURANCE OR ANNUITY THAT IS IN        1,162        

EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.                                   

      (2)  NOTWITHSTANDING ANY TERM OF A POLICY OF LIFE INSURANCE  1,165        

OR ANNUITY TO THE CONTRARY, THE WITHHOLDING OR WITHDRAWAL OF CPR   1,166        

FROM A PERSON WHO IS INSURED OR COVERED UNDER THE POLICY OR        1,167        

ANNUITY AND WHO POSSESSES DNR IDENTIFICATION OR FOR WHOM A         1,168        

CURRENT DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED, IN ACCORDANCE    1,169        

WITH SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE, SHALL NOT    1,171        

IMPAIR OR INVALIDATE ANY POLICY OF LIFE INSURANCE OR ANNUITY.      1,172        

      (3)  NOTWITHSTANDING ANY TERM OF A POLICY OR PLAN TO THE     1,174        

CONTRARY, NEITHER OF THE FOLLOWING SHALL IMPAIR OR INVALIDATE ANY  1,175        

POLICY OF HEALTH INSURANCE OR ANY HEALTH CARE BENEFIT PLAN:        1,176        

      (a)  THE WITHHOLDING OR WITHDRAWAL IN ACCORDANCE WITH        1,178        

SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE OF CPR FROM A      1,179        

PERSON WHO IS INSURED OR COVERED UNDER THE POLICY OR ANNUITY AND   1,181        

WHO POSSESSES DNR IDENTIFICATION OR FOR WHOM A CURRENT             1,182        

DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED;                          1,183        

      (b)  THE PROVISION IN ACCORDANCE WITH SECTIONS 2133.21 TO    1,185        

2133.26 OF THE REVISED CODE OF CPR TO A PERSON OF THE NATURE       1,186        

DESCRIBED IN DIVISION (B)(3)(a) OF THIS SECTION.                   1,187        

      (4)  NO PHYSICIAN, HEALTH CARE FACILITY, OTHER HEALTH CARE   1,190        

PROVIDER, PERSON AUTHORIZED TO ENGAGE IN THE BUSINESS OF                        

INSURANCE IN THIS STATE UNDER TITLE XXXIX OF THE REVISED CODE,     1,192        

MEDICAL CARE CORPORATION, HEALTH CARE CORPORATION, HEALTH          1,193        

MAINTENANCE ORGANIZATION, OTHER HEALTH CARE PLAN, LEGAL ENTITY     1,194        

THAT IS SELF-INSURED AND PROVIDES BENEFITS TO ITS EMPLOYEES OR     1,195        

MEMBERS, OR OTHER PERSON SHALL REQUIRE AN INDIVIDUAL TO POSSESS    1,196        

                                                          28     

                                                                 
DNR IDENTIFICATION, OR SHALL REQUIRE AN INDIVIDUAL TO REVOKE OR    1,198        

REFRAIN FROM POSSESSING DNR IDENTIFICATION, AS A CONDITION OF      1,200        

BEING INSURED OR OF RECEIVING HEALTH CARE BENEFITS OR SERVICES.    1,201        

      (C)(1)  SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE DO   1,204        

NOT CREATE ANY PRESUMPTION CONCERNING THE INTENT OF AN INDIVIDUAL  1,205        

WHO DOES NOT POSSESS, OR WHO HAS REVOKED, DNR IDENTIFICATION WITH  1,207        

RESPECT TO THE USE, WITHHOLDING, OR WITHDRAWAL OF CPR.             1,208        

      (2)  SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE DO NOT  1,211        

AFFECT THE RIGHT OF A PERSON TO MAKE INFORMED DECISIONS REGARDING  1,212        

THE USE, WITHHOLDING, OR WITHDRAWAL OF CPR FOR THE PERSON AS LONG  1,214        

AS THE PERSON IS ABLE TO MAKE THOSE DECISIONS.                                  

      (3)  SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE ARE IN  1,217        

ADDITION TO AND INDEPENDENT OF, AND DO NOT LIMIT, IMPAIR, OR       1,218        

SUPERSEDE, ANY RIGHT OR RESPONSIBILITY THAT A PERSON HAS TO        1,219        

EFFECT THE WITHHOLDING OR WITHDRAWAL OF LIFE-SUSTAINING TREATMENT  1,220        

TO ANOTHER PURSUANT TO SECTIONS 2133.01 TO 2133.15 OF THE REVISED  1,222        

CODE OR IN ANY OTHER LAWFUL MANNER.                                             

      (D)  NOTHING IN SECTIONS 2133.21 TO 2133.26 OF THE REVISED   1,226        

CODE CONDONES, AUTHORIZES, OR APPROVES OF MERCY KILLING, ASSISTED  1,227        

SUICIDE, OR EUTHANASIA.                                                         

      Sec. 2133.25.  (A)  THE DEPARTMENT OF HEALTH, BY RULE        1,230        

ADOPTED PURSUANT TO CHAPTER 119. OF THE REVISED CODE, SHALL ADOPT  1,232        

A STANDARDIZED METHOD OF PROCEDURE FOR THE WITHHOLDING OF CPR BY   1,233        

PHYSICIANS, EMERGENCY MEDICAL SERVICES PERSONNEL, AND HEALTH CARE  1,234        

FACILITITES IN ACCORDANCE WITH SECTIONS 2133.21 TO 2133.26 OF THE  1,235        

REVISED CODE.  THE STANDARDIZED METHOD SHALL SPECIFY CRITERIA FOR               

DETERMINING WHEN A DO-NOT-RESUSCITATE ORDER ISSUED BY A PHYSICIAN  1,236        

IS CURRENT.  THE STANDARDIZED METHOD SO ADOPTED SHALL BE THE       1,237        

"DO-NOT-RESUSCITATE PROTOCOL" FOR PURPOSES OF SECTIONS 2133.21 TO  1,238        

2133.26 OF THE REVISED CODE. THE DEPARTMENT ALSO SHALL APPROVE     1,239        

ONE OR MORE STANDARD FORMS OF DNR IDENTIFICATION TO BE USED        1,240        

THROUGHOUT THIS STATE.                                             1,241        

      (B)  THE DEPARTMENT OF HEALTH SHALL ADOPT RULES IN           1,243        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE           1,244        

                                                          29     

                                                                 
ADMINISTRATION OF SECTIONS 2133.21 TO 2133.26 OF THE REVISED       1,247        

CODE.                                                                           

      (C)  THE DEPARTMENT OF HEALTH SHALL APPOINT AN ADVISORY      1,249        

COMMITTEE TO ADVISE THE DEPARTMENT IN THE DEVELOPMENT OF RULES     1,250        

UNDER THIS SECTION.  THE ADVISORY COMMITTEE SHALL INCLUDE, BUT     1,251        

SHALL NOT BE LIMITED TO, REPRESENTATIVES OF EACH OF THE FOLLOWING  1,252        

ORGANIZATIONS:                                                                  

      (1)  THE ASSOCIATION FOR HOSPITALS AND HEALTH SYSTEMS        1,254        

(OHA);                                                                          

      (2)  THE OHIO STATE MEDICAL ASSOCIATION;                     1,256        

      (3)  THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF EMERGENCY   1,259        

PHYSICIANS;                                                                     

      (4)  THE OHIO HOSPICE ASSOCIATION;                           1,261        

      (5)  THE OHIO COUNCIL ON HOME CARE;                          1,263        

      (6)  THE OHIO HEALTH CARE ASSOCIATION;                       1,265        

      (7)  THE OHIO AMBULANCE ASSOCIATION;                         1,267        

      (8)  THE OHIO MEDICAL DIRECTORS ASSOCIATION;                 1,269        

      (9)  THE OHIO ASSOCIATION OF EMERGENCY MEDICAL SERVICES;     1,271        

      (10)  THE BIOETHICS NETWORK OF OHIO.                         1,273        

      Sec. 2133.26.  (A)(1)  NO PHYSICIAN SHALL WILLFULLY FAIL TO  1,276        

TRANSFER A PATIENT IN ACCORDANCE WITH DIVISION (B) OF SECTION      1,277        

2133.23 OF THE REVISED CODE.                                       1,278        

      (2)  NO PERSON SHALL PURPOSELY CONCEAL, CANCEL, DEFACE, OR   1,280        

OBLITERATE THE DNR IDENTIFICATION OF ANOTHER PERSON WITHOUT THE    1,281        

CONSENT OF THE OTHER PERSON.                                       1,283        

      (3)  NO PERSON SHALL FALSIFY OR FORGE A REVOCATION OF A      1,285        

DECLARATION THAT IS THE BASIS OF THE DNR IDENTIFICATION OF         1,287        

ANOTHER PERSON OR FALSIFY OR FORGE AN ORDER OF A PHYSICIAN THAT    1,288        

PURPORTS TO SUPERSEDE A DO-NOT-RESUSCITATE ORDER ISSUED FOR        1,289        

ANOTHER PERSON.                                                                 

      (4)  NO PERSON SHALL FALSIFY OR FORGE THE DNR                1,292        

IDENTIFICATION OF ANOTHER PERSON WITH THE INTENT TO CAUSE THE      1,293        

USE, WITHHOLDING, OR WITHDRAWAL OF CPR FOR THE OTHER PERSON.       1,294        

      (5)  NO PERSON WHO HAS PERSONAL KNOWLEDGE THAT ANOTHER       1,296        

                                                          30     

                                                                 
PERSON HAS REVOKED A DECLARATION THAT IS THE BASIS OF THE OTHER    1,298        

PERSON'S DNR IDENTIFICATION OR PERSONAL KNOWLEDGE THAT A           1,299        

PHYSICIAN HAS ISSUED AN ORDER THAT SUPERSEDES A                    1,300        

DO-NOT-RESUSCITATE ORDER THAT THE PHYSICIAN ISSUED FOR ANOTHER     1,301        

PERSON SHALL PURPOSELY CONCEAL OR WITHHOLD THAT PERSONAL           1,302        

KNOWLEDGE WITH THE INTENT TO CAUSE THE USE, WITHHOLDING, OR        1,303        

WITHDRAWAL OF CPR FOR THE OTHER PERSON.                                         

      (B)(1)  WHOEVER VIOLATES DIVISION (A)(1) OR (5) OF THIS      1,306        

SECTION IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE.            1,307        

      (2)  WHOEVER VIOLATES DIVISION (A)(2), (3), OR (4) OF THIS   1,309        

SECTION IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.            1,310        

      Sec. 4506.07.  (A)  Every application for a commercial       1,319        

driver's license, restricted commercial driver's license, or a     1,320        

commercial driver's temporary instruction permit, or a duplicate   1,321        

of such a license, shall be made upon a form approved and          1,322        

furnished by the registrar of motor vehicles.  Except as provided  1,323        

in section 4506.24 of the Revised Code in regard to a restricted   1,324        

commercial driver's license, the application shall be signed by    1,325        

the applicant and shall contain the following information:         1,326        

      (1)  The APPLICANT'S name, date of birth, social security    1,328        

account number, sex, general description including height,         1,329        

weight, and color of hair and eyes, current residence, duration    1,330        

of residence in this state, country of citizenship, and            1,331        

occupation;                                                                     

      (2)  Whether the applicant previously has been licensed to   1,333        

operate a commercial motor vehicle or any other type of motor      1,334        

vehicle in another state or a foreign jurisdiction and, if so,     1,335        

when, by what state, and whether the license or driving            1,336        

privileges currently are suspended or revoked in any               1,337        

jurisdiction, or the applicant otherwise has been disqualified     1,338        

from operating a commercial motor vehicle, or is subject to an     1,339        

out-of-service order issued under this chapter or any similar law  1,340        

of another state or a foreign jurisdiction and, if so, the date    1,341        

of, locations involved, and reason for the suspension,             1,342        

                                                          31     

                                                                 
revocation, disqualification, or out-of-service order;             1,343        

      (3)  Whether the applicant is afflicted with or suffering    1,345        

from any physical or mental disability or disease that prevents    1,346        

him THE APPLICANT from exercising reasonable and ordinary control  1,348        

over a motor vehicle while operating it upon a highway or is or    1,349        

has been subject to any condition resulting in episodic            1,350        

impairment of consciousness or loss of muscular control and, if    1,351        

so, the nature and extent of the disability, disease, or           1,352        

condition, and the names and addresses of the physicians           1,353        

attending him THE APPLICANT;                                       1,354        

      (4)  Whether the applicant has obtained a medical            1,356        

examiner's certificate as required by this chapter;                1,357        

      (5)  Whether the applicant has pending a citation for        1,359        

violation of any motor vehicle law or ordinance except a parking   1,360        

violation and, if so, a description of the citation, the court     1,361        

having jurisdiction of the offense, and the date when the offense  1,362        

occurred;                                                          1,363        

      (6)  Whether the applicant wishes to certify willingness to  1,365        

make an anatomical donation under section 2108.04 of the Revised   1,366        

Code, which shall be given no consideration in the issuance of a   1,367        

license;                                                           1,368        

      (7)  On and after May 1, 1993, whether the applicant has     1,370        

executed a valid durable power of attorney for health care         1,371        

pursuant to sections 1337.11 to 1337.17 of the Revised Code or     1,372        

has executed a declaration governing the use or continuation, or   1,373        

the withholding or withdrawal, of life-sustaining treatment        1,374        

pursuant to Chapter 2133. SECTIONS 2133.01 TO 2133.15 of the       1,376        

Revised Code and, if the applicant has executed either type of     1,377        

instrument, whether he THE APPLICANT wishes his THE license        1,378        

ISSUED to indicate that he THE APPLICANT has executed the          1,379        

instrument.                                                                     

      (B)  Every applicant shall certify, on a form approved and   1,381        

furnished by the registrar, all of the following:                  1,382        

      (1)  That the motor vehicle in which the applicant intends   1,384        

                                                          32     

                                                                 
to take the driving skills test is representative of the type of   1,385        

motor vehicle that the applicant expects to operate as a driver;   1,386        

      (2)  That the applicant is not subject to any                1,388        

disqualification or out-of-service order, or license suspension,   1,389        

revocation, or cancellation, under the laws of this state, of      1,390        

another state, or of a foreign jurisdiction and does not have      1,391        

more than one driver's license issued by this or another state or  1,392        

a foreign jurisdiction;                                            1,393        

      (3)  Any additional information, certification, or evidence  1,395        

that the registrar requires by rule in order to ensure that the    1,396        

issuance of a commercial driver's license to the applicant is in   1,397        

compliance with the law of this state and with federal law.        1,398        

      (C)  Every applicant shall execute a form, approved and      1,400        

furnished by the registrar, under which the applicant consents to  1,401        

the release by the registrar of information from the applicant's   1,402        

driving record.                                                    1,403        

      (D)  The registrar or a deputy registrar shall, in           1,405        

accordance with section 3503.11 of the Revised Code, SHALL         1,407        

register as an elector any applicant for a commercial driver's     1,408        

license or for a renewal or duplicate of such a license under      1,409        

this chapter, if the applicant is eligible and wishes to be        1,410        

registered as an elector.  The decision of an applicant whether    1,411        

to register as an elector shall be given no consideration in the   1,412        

decision of whether to issue him THE APPLICANT a license or a      1,413        

renewal or duplicate.                                                           

      (E)  The registrar or a deputy registrar shall, in           1,415        

accordance with section 3503.11 of the Revised Code, SHALL offer   1,417        

the opportunity of completing a notice of change of residence or   1,418        

change of name to any applicant for a commercial driver's license  1,420        

or for a renewal or duplicate of such a license who is a resident  1,421        

of this state, if the applicant is a registered elector who has    1,422        

changed his THE APPLICANT'S residence or name and has not filed    1,423        

such a notice.                                                                  

      Sec. 4507.06.  (A)(1)  Every application for a driver's      1,432        

                                                          33     

                                                                 
license or motorcycle operator's license or endorsement, or        1,433        

duplicate of any such license or endorsement, shall be made upon   1,434        

the approved form furnished by the registrar of motor vehicles     1,435        

and shall be signed by the applicant.                              1,436        

      Every application shall state the following:                 1,438        

      (a)  The applicant's name, date of birth, social security    1,440        

number if such has been assigned, sex, general description,        1,441        

including height, weight, color of hair, and eyes, residence       1,442        

address, including county of residence, duration of residence in   1,443        

this state, and country of citizenship;                            1,444        

      (b)  Whether the applicant previously has been licensed as   1,446        

an operator, chauffeur, driver, commercial driver, or motorcycle   1,447        

operator and, if so, when, by what state, and whether such         1,448        

license is suspended or revoked at the present time and, if so,    1,449        

the date of and reason for the suspension or revocation;           1,450        

      (c)  Whether the applicant is now or ever has been           1,452        

afflicted with epilepsy, or whether the applicant now is           1,453        

suffering from any physical or mental disability or disease and,   1,454        

if so, the nature and extent of the disability or disease, giving  1,455        

the names and addresses of physicians then or previously in        1,456        

attendance upon the applicant;                                     1,457        

      (d)  Whether an applicant for a duplicate driver's license,  1,459        

or duplicate license containing a motorcycle operator endorsement  1,460        

has pending a citation for violation of any motor vehicle law or   1,461        

ordinance, a description of any such citation pending, and the     1,462        

date of the citation;                                              1,463        

      (e)  Whether the applicant wishes to certify willingness to  1,465        

make an anatomical gift under section 2108.04 of the Revised       1,466        

Code, which shall be given no consideration in the issuance of a   1,467        

license or endorsement;                                            1,468        

      (f)  On and after May 1, 1993, whether the applicant has     1,470        

executed a valid durable power of attorney for health care         1,471        

pursuant to sections 1337.11 to 1337.17 of the Revised Code or     1,472        

has executed a declaration governing the use or continuation, or   1,473        

                                                          34     

                                                                 
the withholding or withdrawal, of life-sustaining treatment        1,474        

pursuant to Chapter 2133. SECTIONS 2133.01 TO 2133.15 of the       1,476        

Revised Code and, if the applicant has executed either type of     1,477        

instrument, whether the applicant wishes the applicant's license   1,479        

to indicate that the applicant has executed the instrument.        1,481        

      (2)  Every applicant for a driver's license shall be         1,483        

photographed in color at the time the application for the license  1,484        

is made.  The application shall state any additional information   1,485        

that the registrar requires.                                       1,486        

      (B)  The registrar or a deputy registrar, in accordance      1,488        

with section 3503.11 of the Revised Code, shall register as an     1,489        

elector any person who applies for a driver's license or           1,490        

motorcycle operator's license or endorsement under division (A)    1,491        

of this section, or for a renewal or duplicate of the license or   1,492        

endorsement, if the applicant is eligible and wishes to be         1,493        

registered as an elector.  The decision of an applicant whether    1,494        

to register as an elector shall be given no consideration in the   1,495        

decision of whether to issue the applicant a license or            1,496        

endorsement, or a renewal or duplicate.                                         

      (C)  The registrar or a deputy registrar, in accordance      1,498        

with section 3503.11 of the Revised Code, shall offer the          1,499        

opportunity of completing a notice of change of residence or       1,500        

change of name to any applicant for a driver's license or          1,502        

endorsement under division (A) of this section, or for a renewal   1,503        

or duplicate of the license or endorsement, if the applicant is a  1,504        

registered elector who has changed the applicant's residence or    1,505        

name and has not filed such a notice.                              1,506        

      Sec. 4507.51.  (A)(1)  Every application for an              1,515        

identification card or duplicate shall be made on a form           1,516        

furnished by the registrar of motor vehicles, shall be signed by   1,517        

the applicant, and by his THE APPLICANT'S parent or guardian if    1,518        

the applicant is under eighteen years of age, and shall contain    1,520        

the following information pertaining to the applicant:  name,      1,521        

date of birth, sex, general description including the applicant's  1,522        

                                                          35     

                                                                 
height, weight, hair color, and eye color, address, and at the     1,523        

option of the applicant, his THE APPLICANT'S social security       1,524        

number, his THE APPLICANT'S blood type, or his THE APPLICANT'S     1,526        

social security number and his blood type.  The application form   1,527        

shall state that an applicant is not required to furnish his THE   1,528        

APPLICANT'S social security number or his THE APPLICANT'S blood    1,530        

type.  The application shall also state whether an applicant       1,531        

wishes to certify willingness to make an anatomical gift under     1,532        

section 2108.04 of the Revised Code and shall include information  1,533        

about the requirements of that section that apply to persons who   1,534        

are less than eighteen years of age.  The statement regarding      1,535        

willingness to make such a donation shall be given no              1,537        

consideration in the decision of whether to issue an               1,538        

identification card.  Each applicant shall be photographed in      1,539        

color at the time of making application.                                        

      (2)  On and after May 1, 1993, the application also shall    1,541        

state whether the applicant has executed a valid durable power of  1,543        

attorney for health care pursuant to sections 1337.11 to 1337.17                

of the Revised Code or has executed a declaration governing the    1,544        

use or continuation, or the withholding or withdrawal, of          1,545        

life-sustaining treatment pursuant to Chapter 2133. SECTIONS       1,546        

2133.01 TO 2133.15 of the Revised Code and, if the applicant has   1,547        

executed either type of instrument, whether he THE APPLICANT       1,549        

wishes his THE identification card ISSUED to indicate that he THE  1,550        

APPLICANT has executed the instrument.                             1,551        

      (3)  The registrar or deputy registrar, in accordance with   1,553        

section 3503.11 of the Revised Code, shall register as an elector  1,555        

any person who applies for an identification card or duplicate if  1,556        

the applicant is eligible and wishes to be registered as an        1,557        

elector.  The decision of an applicant whether to register as an   1,558        

elector shall be given no consideraton in the decision of whether  1,559        

to issue him THE APPLICANT an identification card or duplicate.    1,560        

      (B)  The application for an identification card or           1,562        

duplicate shall be filed in the office of the registrar or deputy  1,564        

                                                          36     

                                                                 
registrar.  Each applicant shall present documentary evidence as                

required by the registrar of his THE APPLICANT'S age and           1,565        

identity.  Each applicant who did not enter his OR HER social      1,566        

security number on his OR HER application form, upon request,      1,568        

shall furnish the registrar or the deputy registrar with the       1,569        

applicant's social security number, if such a number has been      1,571        

assigned to the applicant, for purposes of determining whether a   1,573        

driver's or commercial driver's license has been issued under the  1,574        

same social security number.  The registrar or deputy registrar    1,575        

shall not maintain the social security number as a part of the     1,576        

record or enter it on the application form.  The applicant shall   1,577        

swear that all information given is true.                          1,578        

      All applications for an identification card or duplicate     1,580        

shall be filed in duplicate, and if submitted to a deputy          1,581        

registrar, a copy shall be forwarded to the registrar.  The        1,582        

registrar shall prescribe rules for the manner in which a deputy   1,583        

registrar is to file and maintain applications and other records.  1,584        

The registrar shall maintain a suitable, indexed record of all     1,585        

applications denied and cards issued or canceled.                  1,586        

      Section 2.  That existing sections 1337.12, 2133.01,         1,588        

2133.02, 2133.03, 2133.07, 2133.10, 2133.12, 2133.13, 2133.14,     1,589        

2133.15, 4506.07, 4507.06, and 4507.51 of the Revised Code are     1,590        

hereby repealed.                                                   1,591        

      Section 3.  That Section 3 of Am. Sub. S.B. 1 of the 119th   1,593        

General Assembly be amended to read as follows:                    1,594        

      "Sec. 3.  Chapter 2133. of the Revised Code, as enacted      1,596        

AMENDED by this act, shall be entitled the Modified Uniform        1,597        

Rights of the Terminally Ill Act AND THE DNR IDENTIFICATION AND    1,599        

DO-NOT-RESUSCITATE ORDER LAW."                                                  

      Section 4.  That existing Section 3 of Am. Sub. S.B. 1 of    1,601        

the 119th General Assembly is hereby repealed.                     1,602