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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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(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