As Reported by the House Health, Retirement and Aging Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 354 5
1997-1998 6
REPRESENTATIVES TERWILLEGER-CORBIN-GARCIA-PRINGLE-THOMAS-VESPER- 8
TAYLOR-BRADING-OLMAN-SCHURING-VAN VYVEN 9
11
A B I L L
To amend sections 1337.12, 2133.01, 2133.02, 13
2133.03, 2133.07, 2133.10, 2133.12, 2133.13, 14
2133.14, 2133.15, 4506.07, 4507.06, and 4507.51 15
and to enact sections 2133.21, 2133.211, and 16
2133.22 to 2133.26 of the Revised Code and to 17
amend Section 3 of Am. Sub. S.B. 1 of the 119th 18
General Assembly relative to "do not resuscitate" 19
identifications, orders, and 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
2133.211, 2133.22, 2133.23, 2133.24, 2133.25, and 2133.26 of the 27
Revised 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
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right to give informed consent, to refuse to give informed 51
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
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the principal regains the capacity to make informed health care 91
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
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VALID DURABLE POWER OF ATTORNEY FOR HEALTH CARE SUPERSEDES ANY 135
DNR IDENTIFICATION THAT IS BASED UPON A DO-NOT-RESUSCITATE ORDER 136
THAT A PHYSICIAN ISSUED FOR THE PRINCIPAL WHICH IS INCONSISTENT 138
WITH THE DURABLE POWER OF ATTORNEY FOR HEALTH CARE OR A VALID 139
DECISION BY THE ATTORNEY IN FACT UNDER A DURABLE POWER OF
ATTORNEY. 140
(2) AS USED IN DIVISION (D) OF THIS SECTION: 142
(a) "DECLARATION" HAS THE SAME MEANING AS IN SECTION 144
2133.01 OF THE REVISED CODE. 145
(b) "DO-NOT-RESUSCITATE ORDER" AND "DNR IDENTIFICATION" 147
HAVE THE SAME MEANINGS AS IN SECTION 2133.21 OF THE REVISED CODE. 148
Sec. 2133.01. Unless the context otherwise requires, as 157
used in this chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED 158
CODE:
(A) "Adult" means an individual who is eighteen years of 160
age or older. 161
(B) "Attending physician" means the physician to whom a 163
declarant or other patient, or the family of a declarant or other 164
patient, has assigned primary responsibility for the treatment or 165
care of the declarant or other patient, or, if the responsibility 166
has not been assigned, the physician who has accepted that 167
responsibility.
(C) "Comfort care" means any of the following: 169
(1) Nutrition when administered to diminish the pain or 171
discomfort of a declarant or other patient, but not to postpone 172
THE DECLARANT'S OR OTHER PATIENT'S death; 173
(2) Hydration when administered to diminish the pain or 175
discomfort of a declarant or other patient, but not to postpone 176
THE DECLARANT'S OR OTHER PATIENT'S death; 177
(3) Any other medical or nursing procedure, treatment, 179
intervention, or other measure that is taken to diminish the pain 180
or discomfort of a declarant or other patient, but not to 181
postpone THE DECLARANT'S OR OTHER PATIENT'S death. 182
(D) "Consulting physician" means a physician who, in 184
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conjunction with the attending physician of a declarant or other 185
patient, makes one or more determinations that are required to be 186
made by the attending physician, or to be made by the attending 187
physician and one other physician, by an applicable provision of 188
this chapter, to a reasonable degree of medical certainty and in 189
accordance with reasonable medical standards. 190
(E) "Declarant" means any adult who has executed a 192
declaration in accordance with section 2133.02 of the Revised 193
Code. 194
(F) "Declaration" means a written document executed in 196
accordance with section 2133.02 of the Revised Code. 197
(G) "Durable power of attorney for health care" means a 199
document created pursuant to sections 1337.11 to 1337.17 of the 200
Revised Code. 201
(H) "Guardian" means a person appointed by a probate court 203
pursuant to Chapter 2111. of the Revised Code to have the care 204
and management of the person of an incompetent. 205
(I) "Health care facility" means any of the following: 207
(1) A hospital; 209
(2) A hospice care program or other institution that 211
specializes in comfort care of patients in a terminal condition 212
or in a permanently unconscious state; 213
(3) A nursing home OR RESIDENTIAL CARE FACILITY, AS 215
DEFINED IN SECTION 3721.01 OF THE REVISED CODE; 216
(4) A home health agency AND ANY RESIDENTIAL FACILITY 218
WHERE A PERSON IS RECEIVING CARE UNDER THE DIRECTION OF A HOME 219
HEALTH AGENCY;
(5) An intermediate care facility for the mentally 221
retarded. 222
(J) "Health care personnel" means physicians, nurses, 224
physician assistants, emergency medical technicians-basic, 226
emergency medical technicians-intermediate, emergency medical 227
technicians-paramedic, medical technicians, dietitians, other 228
authorized persons acting under the direction of an attending 229
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physician, and administrators of health care facilities.
(K) "Home health agency" has the same meaning as in 231
section 3701.88 of the Revised Code. 232
(L) "Hospice care program" has the same meaning as in 234
section 3712.01 of the Revised Code. 235
(M) "Hospital" has the same meanings as in sections 237
2108.01, 3701.01, and 5122.01 of the Revised Code. 238
(N) "Hydration" means fluids that are artificially or 240
technologically administered. 241
(O) "Incompetent" has the same meaning as in section 243
2111.01 of the Revised Code. 244
(P) "Intermediate care facility for the mentally retarded" 246
has the same meaning as in section 5111.20 of the Revised Code. 247
(Q) "Life-sustaining treatment" means any medical 249
procedure, treatment, intervention, or other measure that, when 250
administered to a qualified patient or other patient, will serve 251
principally to prolong the process of dying. 252
(R) "Nurse" means a person who is licensed to practice 254
nursing as a registered nurse or to practice practical nursing as 255
a licensed practical nurse pursuant to Chapter 4723. of the 256
Revised Code. 257
(S) "Nursing home" has the same meaning as in section 259
3721.01 of the Revised Code. 260
(T) "Nutrition" means sustenance that is artificially or 262
technologically administered. 263
(U) "Permanently unconscious state" means a state of 265
permanent unconsciousness in a declarant or other patient that, 266
to a reasonable degree of medical certainty as determined in 267
accordance with reasonable medical standards by the declarant's 268
or other patient's attending physician and one other physician 269
who has examined the declarant or other patient, is characterized 270
by both of the following: 271
(1) Irreversible unawareness of one's being and 273
environment.
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(2) Total loss of cerebral cortical functioning, resulting 275
in the declarant or other patient having no capacity to 276
experience pain or suffering.
(V) "Person" has the same meaning as in section 1.59 of 278
the Revised Code and additionally includes political subdivisions 279
and governmental agencies, boards, commissions, departments, 280
institutions, offices, and other instrumentalities. 281
(W) "Physician" means a person who is authorized under 283
Chapter 4731. of the Revised Code to practice medicine and 285
surgery or osteopathic medicine and surgery.
(X) "Political subdivision" and "state" have the same 287
meanings as in section 2744.01 of the Revised Code. 288
(Y) "Professional disciplinary action" means action taken 290
by the board or other entity that regulates the professional 291
conduct of health care personnel, including the state medical 292
board and the board of nursing. 293
(Z) "Qualified patient" means an adult who has executed a 295
declaration and has been determined to be in a terminal condition 296
or in a permanently unconscious state. 297
(AA) "Terminal condition" means an irreversible, 299
incurable, and untreatable condition caused by disease, illness, 300
or injury from which, to a reasonable degree of medical certainty 301
as determined in accordance with reasonable medical standards by 302
a declarant's or other patient's attending physician and one 303
other physician who has examined the declarant or other patient, 304
both of the following apply: 305
(1) There can be no recovery. 307
(2) Death is likely to occur within a relatively short 309
time if life-sustaining treatment is not administered. 310
(BB) "Tort action" means a civil action for damages for 312
injury, death, or loss to person or property, other than a civil 313
action for damages for breach of a contract or another agreement 314
between persons. 315
Sec. 2133.02. (A)(1) An adult who is of sound mind 325
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voluntarily may execute at any time a declaration governing the 326
use or continuation, or the withholding or withdrawal, of 327
life-sustaining treatment. The declaration shall be signed by 328
the declarant or by another individual at the direction of the 329
declarant, state the date of its execution, and either be 330
witnessed as described in division (B)(1) of this section or be 331
acknowledged by the declarant in accordance with division (B)(2) 332
of this section. The declaration may include a designation by 333
the declarant of one or more persons who are to be notified by 334
the declarant's attending physician at any time that 335
life-sustaining treatment would be withheld or withdrawn pursuant 336
to the declaration. THE DECLARATION MAY INCLUDE A SPECIFIC 337
AUTHORIZATION FOR THE USE OR CONTINUATION OR THE WITHHOLDING OR 338
WITHDRAWAL OF CPR, BUT THE FAILURE TO INCLUDE A SPECIFIC 340
AUTHORIZATION FOR THE WITHHOLDING OR WITHDRAWAL OF CPR DOES NOT 341
PRECLUDE THE WITHHOLDING OR WITHDRAWAL OF CPR IN ACCORDANCE WITH 342
SECTIONS 2133.01 TO 2133.15 OR SECTIONS 2133.21 TO 2133.26 OF THE 343
REVISED CODE.
(2) Depending upon whether the declarant intends his THE 345
declaration to apply when he THE DECLARANT is in a terminal 346
condition, in a permanently unconscious state, or in either a 348
terminal condition or a permanently unconscious state, his THE 349
DECLARANT'S declaration shall use either or both of the terms 351
"terminal condition" and "permanently unconscious state," and 352
shall define or otherwise explain those terms in capital letters 353
and in a manner that is substantially consistent with the 354
provisions of section 2133.01 of the Revised Code. 355
(3)(a) If a declarant who has authorized the withholding 357
or withdrawal of life-sustaining treatment intends that his THE 358
DECLARANT'S attending physician withhold or withdraw nutrition or 359
hydration when he THE DECLARANT is in a permanently unconscious 361
state and when the nutrition and hydration will not or no longer 362
will serve to provide comfort to him THE DECLARANT or alleviate 363
his THE DECLARANT'S pain, then the declarant shall authorize his 364
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THE DECLARANT'S attending physician to withhold or withdraw 365
nutrition or hydration when he THE DECLARANT is in the 366
permanently unconscious state by doing both of the following in 368
the declaration:
(i) Including a statement in capital letters that his THE 370
DECLARANT'S attending physician may withhold or withdraw 371
nutrition and hydration if he THE DECLARANT is in a permanently 372
unconscious state and if his THE DECLARANT'S attending physician 373
and at least one other physician who has examined him THE 375
DECLARANT determine, to a reasonable degree of medical certainty 377
and in accordance with reasonable medical standards, that 378
nutrition or hydration will not or no longer will serve to
provide comfort to him THE DECLARANT or alleviate his THE 380
DECLARANT'S pain, or checking or otherwise marking a box or line 381
that is adjacent to a similar statement on a printed form of a 382
declaration;
(ii) Placing his THE DECLARANT'S initials or signature 384
underneath or adjacent to the statement, check, or other mark 386
described in division (A)(3)(a)(i) of this section. 387
(b) Division (A)(3)(a) of this section does not apply, and 389
shall not be construed as applying, to the extent that a 390
declaration authorizes the withholding or withdrawal of 391
life-sustaining treatment when a declarant is in a terminal 392
condition. The provisions of division (E) of section 2133.12 of 393
the Revised Code pertaining to comfort care shall apply to a 394
declarant in a terminal condition. 395
(B)(1) If witnessed for purposes of division (A) of this 397
section, a declaration shall be witnessed by two individuals as 398
described in this division in whose presence the declarant, or 399
another individual at the direction of the declarant, signed the 400
declaration. The witnesses to a declaration shall be adults who 401
are not related to the declarant by blood, marriage, or adoption, 402
who are not the attending physician of the declarant, and who are 403
not the administrator of any nursing home in which the declarant 404
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is receiving care. Each witness shall subscribe his THE WITNESS' 406
signature on the declaration and, by doing so, attest to his THE 407
WITNESS' belief that the declarant appears to be of sound mind 409
and not under or subject to duress, fraud, or undue influence. 410
(2) If acknowledged for purposes of division (A) of this 412
section, a declaration shall be acknowledged before a notary 413
public, who shall make the certification described in section 414
147.53 of the Revised Code and also shall attest that the 415
declarant appears to be of sound mind and not under or subject to 416
duress, fraud, or undue influence. 417
(C) An attending physician, or other health care personnel 419
acting under the direction of an attending physician, who is 420
furnished a copy of a declaration shall make it a part of the 421
declarant's medical record and, when section 2133.05 of the 422
Revised Code is applicable, also shall comply with that section. 423
(D)(1) Subject to division (D)(2) of this section, an 425
attending physician of a declarant or a health care facility in 426
which a declarant is confined may refuse to comply or allow 427
compliance with the declarant's declaration on the basis of a 428
matter of conscience or on another basis. An employee or agent 429
of an attending physician of a declarant or of a health care 430
facility in which a declarant is confined may refuse to comply 431
with the declarant's declaration on the basis of a matter of 432
conscience. 433
(2) If an attending physician of a declarant or a health 435
care facility in which a declarant is confined is not willing or 436
not able to comply or allow compliance with the declarant's 437
declaration, the physician or facility promptly shall so advise 438
the declarant and comply with the provisions of section 2133.10 439
of the Revised Code, or, if the declaration has become operative 440
as described in division (A) of section 2133.03 of the Revised 441
Code, shall comply with the provisions of section 2133.10 of the 442
Revised Code. 443
(E) AS USED IN THIS SECTION, "CPR" HAS THE SAME MEANING AS 446
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IN SECTION 2133.21 OF THE REVISED CODE.
Sec. 2133.03. (A)(1) A declaration becomes operative when 455
it is communicated to the attending physician of the declarant, 456
the attending physician and one other physician who examines the 457
declarant determine that the declarant is in a terminal condition 458
or in a permanently unconscious state, whichever is addressed in 459
the declaration, the applicable requirements of divisions (A)(2) 460
and (3) of this section are satisfied, and the attending 461
physician determines that the declarant no longer is able to make 462
informed decisions regarding the administration of 463
life-sustaining treatment. When the declaration becomes 464
operative, the attending physician and health care facilities 465
shall act in accordance with its provisions or comply with the 466
provisions of section 2133.10 of the Revised Code. 467
(2) In order for a declaration to become operative in 469
connection with a declarant who is in a permanently unconscious 470
state, the consulting physician associated with the determination 471
that the declarant is in the permanently unconscious state shall 472
be a physician who, by virtue of advanced education or training, 473
of a practice limited to particular diseases, illnesses, 474
injuries, therapies, or branches of medicine or surgery or 475
osteopathic medicine and surgery, of certification as a 476
specialist in a particular branch of medicine or surgery or 477
osteopathic medicine and surgery, or of experience acquired in 478
the practice of medicine or surgery or osteopathic medicine and 479
surgery, is qualified to determine whether the declarant is in a 480
permanently unconscious state. 481
(3) In order for a declaration to become operative in 483
connection with a declarant who is in a terminal condition or in 484
a permanently unconscious state, the attending physician of the 485
declarant shall determine, in good faith, to a reasonable degree 486
of medical certainty, and in accordance with reasonable medical 487
standards, that there is no reasonable possibility that the 488
declarant will regain the capacity to make informed decisions 489
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regarding the administration of life-sustaining treatment. 490
(B)(1)(a) A declaration supersedes any general consent to 492
treatment form signed by or on behalf of the declarant prior to, 493
upon, or after his THE DECLARANT'S admission to a health care 494
facility to the extent there is a conflict between the 496
declaration and the form, even if the form is signed after the 497
execution of the declaration. To the extent that the provisions 498
of a declaration and a general consent to treatment form do not 499
conflict, both documents shall govern the use or continuation, or 500
the withholding or withdrawal, of life-sustaining treatment and 501
other medical or nursing procedures, treatments, interventions, 502
or other measures in connection with the declarant. This 503
division DIVISION (B)(1)(a) OF THIS SECTION does not apply if a 505
declaration is revoked pursuant to section 2133.04 of the Revised 506
Code after the signing of a general consent to treatment form. 507
(b) A DECLARATION SUPERSEDES A DNR IDENTIFICATION, AS 509
DEFINED IN SECTION 2133.21 OF THE REVISED CODE, OF THE DECLARANT 511
THAT IS BASED UPON A PRIOR, INCONSISTENT DECLARATION OF THE 513
DECLARANT OR THAT IS BASED UPON A DO-NOT-RESUSCITATE ORDER, AS 514
DEFINED IN SECTION 2133.21 OF THE REVISED CODE, THAT A PHYSICIAN
HAS ISSUED FOR THE DECLARANT AND THAT IS INCONSISTENT WITH THE 516
DECLARATION.
(2) If a declarant has both a valid durable power of 518
attorney for health care and a valid declaration, the declaration 519
supersedes the durable power of attorney for health care to the 520
extent that the provisions of the documents would conflict if the 521
declarant should be in a terminal condition or in a permanently 522
unconscious state. This division DIVISION (B)(2) OF THIS SECTION 524
does not apply if the declarant revokes his THE declaration 525
pursuant to section 2133.04 of the Revised Code. 526
Sec. 2133.07. A printed form of a declaration may be sold 535
or otherwise distributed in this state for use by adults who are 536
not advised by an attorney. By use of such a printed form OF 537
THAT NATURE, a declarant may authorize the use or continuation, 539
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or the withholding or withdrawal, of life-sustaining treatment 540
should he THE DECLARANT be in a terminal condition, a permanently 542
unconscious state, or either a terminal condition or a 543
permanently unconscious state, may authorize the withholding or 544
withdrawal of nutrition or hydration should he THE DECLARANT be 545
in a permanently unconscious state as described in division 547
(A)(3)(a) of section 2133.02 of the Revised Code, and may 548
designate one or more persons who are to be notified by his THE 549
DECLARANT'S attending physician at any time that life-sustaining 551
treatment would be withheld or withdrawn pursuant to the 552
declaration. The printed form shall not be used as an instrument 553
for granting any other type of authority or for making any other 554
type of designation, EXCEPT THAT THE PRINTED FORM MAY BE USED AS 555
A DNR IDENTIFICATION IF THE DECLARANT SPECIFIES ON THE FORM THAT 556
THE DECLARANT WISHES TO USE IT AS A DNR IDENTIFICATION.
AS USED IN THIS SECTION, "DNR IDENTIFICATION" HAS THE SAME 558
MEANING AS IN SECTION 2133.21 OF THE REVISED CODE. 559
Sec. 2133.10. (A) An attending physician who, or a health 568
care facility in which a qualified patient or other patient is 569
confined that, is not willing or IS not able to comply or allow 570
compliance with a declaration of a qualified patient, with a 571
consent given in accordance with section 2133.08 or 2133.09 of 572
the Revised Code, with any probate court order issued pursuant to 573
section 2133.05, 2133.08, or 2133.09 of the Revised Code, or with 574
any other applicable provision of this chapter SECTIONS 2133.01 575
TO 2133.15 OF THE REVISED CODE shall not prevent or attempt to 577
prevent, or unreasonably delay or attempt to unreasonably delay, 578
the transfer of the qualified patient or other patient to the 579
care of a physician who, or a health care facility that, is 580
willing and able to so comply or allow compliance. 581
(B) If a declaration provides for the use or continuation 583
of life-sustaining treatment should its declarant subsequently be 584
in a terminal condition or in a permanently unconscious state, if 585
a consent decision of a priority individual or class of 586
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individuals under section 2133.08 of the Revised Code is to use 587
or continue life-sustaining treatment in connection with a 588
patient described in that section, or if a probate court issues a 589
reevaluation order pursuant to section 2133.05 or 2133.08 of the 590
Revised Code that is intended to result in the use or 591
continuation of life-sustaining treatment in connection with a 592
qualified patient or other patient, then the attending physician 593
of the qualified patient or other patient who, or health care 594
facility in which the qualified patient or other patient is 595
confined that, is not willing or IS not able to comply or allow 596
compliance with the declaration, consent decision, or 597
reevaluation order shall use or continue the life-sustaining 598
treatment or cause it to be used or continued until a transfer as 599
described in division (A) of this section is made. 600
Sec. 2133.12. (A) The death of a qualified patient or 609
other patient resulting from the withholding or withdrawal of 610
life-sustaining treatment in accordance with this chapter 611
SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE does not 612
constitute FOR ANY PURPOSE a suicide, aggravated murder, murder, 613
or any other homicide offense for any purpose. 614
(B)(1) The execution of a declaration shall not do either 616
of the following: 617
(a) Affect the sale, procurement, issuance, or renewal of 619
any policy of life insurance or annuity, notwithstanding any term 620
of a policy or annuity to the contrary; 621
(b) Be deemed to modify or invalidate the terms of any 623
policy of life insurance or annuity that is in effect on October 624
10, 1991. 625
(2) Notwithstanding any term of a policy of life insurance 627
or annuity to the contrary, the withholding or withdrawal of 628
life-sustaining treatment from an insured, qualified patient or 629
other patient in accordance with this chapter SECTIONS 2133.01 TO 630
2133.15 OF THE REVISED CODE shall not impair or invalidate any 632
policy of life insurance or annuity.
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(3) Notwithstanding any term of a policy or plan to the 634
contrary, the use or continuation, or the withholding or 635
withdrawal, of life-sustaining treatment from an insured, 636
qualified patient or other patient in accordance with this 637
chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE shall not 638
impair or invalidate any policy of health insurance or any health 640
care benefit plan.
(4) No physician, health care facility, other health care 642
provider, person authorized to engage in the business of 643
insurance in this state under Title XXXIX of the Revised Code, 644
medical care corporation, health care corporation, health 645
maintenance organization, other health care plan, legal entity 646
that is self-insured and provides benefits to its employees or 647
members, or other person shall require any individual to execute 648
or refrain from executing a declaration, or shall require an 649
individual to revoke or refrain from revoking a declaration, as a 650
condition of being insured or of receiving health care benefits 651
or services. 652
(C)(1) This chapter does SECTIONS 2133.01 TO 2133.15 OF 654
THE REVISED CODE DO not create any presumption concerning the 656
intention of an individual who has revoked or has not executed a 657
declaration with respect to the use or continuation, or the 658
withholding or withdrawal, of life-sustaining treatment if he THE 659
INDIVIDUAL should be in a terminal condition or in a permanently 661
unconscious state at any time.
(2) This chapter does SECTIONS 2133.01 TO 2133.15 OF THE 663
REVISED CODE DO not affect the right of a qualified patient or 665
other patient to make informed decisions regarding the use or 666
continuation, or the withholding or withdrawal, of
life-sustaining treatment as long as he THE QUALIFIED PATIENT OR 667
OTHER PATIENT is able to make those decisions. 668
(3) This chapter does SECTIONS 2133.01 TO 2133.15 OF THE 670
REVISED CODE DO not require a physician, other health care 672
personnel, or a health care facility to take action that is 673
16
contrary to reasonable medical standards.
(4) This chapter SECTIONS 2133.01 TO 2133.15 OF THE 675
REVISED CODE and, if applicable, a declaration do not affect or 677
limit the authority of a physician or a health care facility to 678
provide or not to provide life-sustaining treatment to a person 679
in accordance with reasonable medical standards applicable in an 680
emergency situation.
(D) Nothing in this chapter SECTIONS 2133.01 TO 2133.15 OF 682
THE REVISED CODE condones, authorizes, or approves of mercy 684
killing, assisted suicide, or euthanasia.
(E)(1) This chapter does SECTIONS 2133.01 TO 2133.15 OF 686
THE REVISED CODE DO not affect the responsibility of the 688
attending physician of a qualified patient or other patient, or 689
other health care personnel acting under the direction of the
patient's attending physician, to provide comfort care to the 690
patient. Nothing in this chapter SECTIONS 2133.01 TO 2133.15 OF 692
THE REVISED CODE precludes the attending physician of a qualified 693
patient or other patient who carries out the responsibility to 694
provide comfort care to the patient in good faith and while 695
acting within the scope of his THE ATTENDING PHYSICIAN'S 696
authority from prescribing, dispensing, administering, or causing 697
to be administered any particular medical procedure, treatment, 698
intervention, or other measure to the patient, including, but not 699
limited to, prescribing, dispensing, administering, or causing to 700
be administered by judicious titration or in another manner any 701
form of medication, for the purpose of diminishing his THE 702
PATIENT'S pain or discomfort and not for the purpose of 703
postponing or causing his THE PATIENT'S death, even though the 704
medical procedure, treatment, intervention, or other measure may 706
appear to hasten or increase the risk of the patient's death. 707
Nothing in this chapter SECTIONS 2133.01 TO 2133.15 OF THE 708
REVISED CODE precludes health care personnel acting under the
direction of the patient's attending physician who carry out the 710
responsibility to provide comfort care to the patient in good 711
17
faith and while acting within the scope of their authority from 712
dispensing, administering, or causing to be administered any 713
particular medical procedure, treatment, intervention, or other 714
measure to the patient, including, but not limited to, 715
dispensing, administering, or causing to be administered by 716
judicious titration or in another manner any form of medication, 717
for the purpose of diminishing his THE PATIENT'S pain or 718
discomfort and not for the purpose of postponing or causing his 720
THE PATIENT'S death, even though the medical procedure, 721
treatment, intervention, or other measure may appear to hasten or 722
increase the risk of the patient's death.
(2)(a) If, at any time, a person described in division 724
(A)(2)(a)(i) of section 2133.05 of the Revised Code or the 725
individual or a majority of the individuals in either of the 726
first two classes of individuals that pertain to a declarant in 727
the descending order of priority set forth in division 728
(A)(2)(a)(ii) of section 2133.05 of the Revised Code believes in 729
good faith that both of the following circumstances apply, the 730
person or the individual or majority of individuals in either of 731
the first two classes of individuals may commence an action in 732
the probate court of the county in which a declarant who is in a 733
terminal condition or permanently unconscious state is located 734
for the issuance of an order mandating the use or continuation of 735
comfort care in connection with the declarant in a manner that is 736
consistent with division (E)(1) of this section: 737
(i) Comfort care is not being used or continued in 739
connection with the declarant. 740
(ii) The withholding or withdrawal of the comfort care is 742
contrary to division (E)(1) of this section. 743
(b) If a declarant did not designate in his THE 745
DECLARANT'S declaration a person as described in division 747
(A)(2)(a)(i) of section 2133.05 of the Revised Code and if, at 748
any time, a priority individual or any member of a priority class 749
of individuals under division (A)(2)(a)(ii) of section 2133.05 of 750
18
the Revised Code or, at any time, the individual or a majority of 751
the individuals in the next class of individuals that pertains to 752
the declarant in the descending order of priority set forth in 753
that division believes in good faith that both of the following 754
circumstances apply, the priority individual, the member of the 755
priority class of individuals, or the individual or majority of 756
individuals in the next class of individuals that pertains to the 757
declarant may commence an action in the probate court of the 758
county in which a declarant who is in a terminal condition or 759
permanently unconscious state is located for the issuance of an 760
order mandating the use or continuation of comfort care in 761
connection with the declarant in a manner that is consistent with 762
division (E)(1) of this section: 763
(i) Comfort care is not being used or continued in 765
connection with the declarant. 766
(ii) The withholding or withdrawal of the comfort care is 768
contrary to division (E)(1) of this section. 769
(c) If, at any time, a priority individual or any member 771
of a priority class of individuals under division (B) of section 772
2133.08 of the Revised Code or, at any time, the individual or a 773
majority of the individuals in the next class of individuals that 774
pertains to the patient in the descending order of priority set 775
forth in that division believes in good faith that both of the 776
following circumstances apply, the priority individual, the 777
member of the priority class of individuals, or the individual or 778
majority of individuals in the next class of individuals that 779
pertains to the patient may commence an action in the probate 780
court of the county in which a patient as described in division 781
(A) of section 2133.08 of the Revised Code is located for the 782
issuance of an order mandating the use or continuation of comfort 783
care in connection with the patient in a manner that is 784
consistent with division (E)(1) of this section: 785
(i) Comfort care is not being used or continued in 787
connection with the patient. 788
19
(ii) The withholding or withdrawal of the comfort care is 790
contrary to division (E)(1) of this section. 791
Sec. 2133.13. In the absence of actual knowledge to the 800
contrary and if acting in good faith, an attending or consulting 801
physician, other health care personnel, and health care 802
facilities may assume that a declaration complies with this 803
chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE and is
valid.
Sec. 2133.14. A declaration executed under the law of 812
another state in compliance with that law or in substantial 813
compliance with this chapter SECTIONS 2133.01 TO 2133.15 OF THE 814
REVISED CODE shall be considered to be valid for purposes of this 815
chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE.
Sec. 2133.15. (A) This chapter shall SECTIONS 2133.01 TO 824
2133.15 OF THE REVISED CODE apply to any written document that 826
was executed anywhere prior to the effective date of this section 827
OCTOBER 10, 1991, that voluntarily was so executed by an adult 829
who was of sound mind, that was signed by the adult or by another 830
individual at the direction of the adult, that was or was not 831
witnessed or acknowledged before a notary public as described in 832
division (B) of section 2133.02 of the Revised Code, and that 833
specifies the adult's intention with respect to the use or 834
continuation, or the withholding or withdrawal, of 835
life-sustaining treatment if he THE ADULT is at any time in a 837
terminal condition, in a permanently unconscious state, or in
either a terminal condition or a permanently unconscious state, 838
if he THE ADULT is at that time no longer able to make informed 839
decisions regarding the administration of life-sustaining 841
treatment, and if at that time there is no reasonable possibility 842
that he THE ADULT will regain the capacity to make those informed 844
decisions. The document shall be considered to be a declaration, 845
shall be given effect as if it had been executed on or after the 846
effective date of this section OCTOBER 10, 1991, in accordance 847
with this chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED 848
20
CODE, and, except as otherwise provided in division (B) of this 850
section, shall be subject to all provisions of this chapter
SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE pertaining to 851
declarations.
(B)(1) If a declaration as described in division (A) of 853
this section does not state that, or does not contain a checked 854
or marked box or line adjacent to a statement indicating that, 855
the declarant authorizes his THE DECLARANT'S attending physician 856
to withhold or withdraw nutrition or hydration when he THE 858
DECLARANT is in a permanently unconscious state and when his THE 859
DECLARANT'S attending physician and at least one other physician 861
who has examined him THE DECLARANT determine, to a reasonable 863
degree of medical certainty and in accordance with reasonable 864
medical standards, that nutrition or hydration will not or no 865
longer will serve to provide comfort to him THE DECLARANT or 866
alleviate his THE DECLARANT'S pain, then, if the declaration 867
becomes operative under section 2133.03 of the Revised Code 868
because the declarant is in a permanently unconscious state, the 869
attending physician of the declarant shall apply to the probate 870
court of the county in which the declarant is located for the 871
issuance of an order whether or not the attending physician is 872
required to provide the declarant with nutrition and hydration 873
for as long as the declarant is in the permanently unconscious 874
state. Upon the filing of the application, the clerk of the 875
probate court shall schedule a hearing on it and cause a copy of 876
it and a notice of the hearing to be served in accordance with 877
the Rules of Civil Procedure upon the attending physician and the 878
individuals described in divisions (B)(1) to (5) of section 879
2133.08 of the Revised Code, which service shall be made, if 880
possible, within three days after the filing of the application. 881
The hearing shall be conducted at the earliest possible time, but 882
no sooner than the thirtieth business day, and no later than the 883
sixtieth business day, after such THAT service has been 884
completed.
21
(2) At the hearing, the attending physician and any 886
individual described in divisions (B)(1) to (5) of section 887
2133.08 of the Revised Code shall be permitted to testify and 888
present evidence relative to the use or continuation, or the 889
withholding or withdrawal, of nutrition and hydration for as long 890
as the declarant is in the permanently unconscious state. 891
Immediately following the hearing, the court shall enter on its 892
journal its determination, based on the evidence presented by all 893
of the parties at the hearing on the application and subject to 894
division (B)(3) of this section, whether or not the attending 895
physician is required to provide the declarant with nutrition and 896
hydration for as long as he THE DECLARANT is in the permanently 897
unconscious state. 898
(3) The court shall issue an order that authorizes the 900
declarant's attending physician to commence the withholding or 901
withdrawal of nutrition and hydration in connection with the 902
delarant DECLARANT only if the applicant establishes, by clear 903
and convincing evidence, that the order would be consistent with 904
one of the following: 905
(a) The declarant's previously expressed intention with 907
respect to the use or continuation, or the withholding or 908
withdrawal, of nutrition and hydration should he THE DECLARANT 909
subsequently be in a permanently unconscious state and no longer 911
able to make informed decisions regarding the administration of 912
nutrition and hydration; 913
(b) In the absence of such a previously expressed 915
intention OF THAT NATURE, the type of informed consent decision 916
that the declarant would have made if he THE DECLARANT had 918
expressed his THE DECLARANT'S intention with respect to the use 920
or continuation, or the withholding or withdrawal, of nutrition 921
and hydration should he THE DECLARANT subsequently be in a 923
permanently unconscious state and no longer able to make informed 924
decisions regarding the administration of nutrition and
hydration, as inferred from the lifestyle and character of the 925
22
declarant, and from any other evidence of the declarant's 926
desires, prior to his THE DECLARANT becoming no longer able to 927
make informed decisions regarding the administration of nutrition 929
and hydration. The Rules of Evidence shall not be binding for 930
purposes of this division. 931
(4) Notwithstanding any contrary provision of the Revised 933
Code or of the Rules of Civil Procedure, the state and persons 934
other than individuals described in divisions (B)(1) to (5) of 935
section 2133.08 of the Revised Code and other than the attending 936
physician of the declarant are prohibited from filing an 937
application under this division (B) OF THIS SECTION and from 939
joining or being joined as parties to a hearing conducted under 940
this division (B) OF THIS SECTION, including joining by way of 941
intervention.
Sec. 2133.21. AS USED IN SECTIONS 2133.21 TO 2133.26 OF 943
THE REVISED CODE, UNLESS THE CONTEST CLEARLY REQUIRES OTHERWISE: 946
(A) "ATTENDING PHYSICIAN" MEANS THE PHYSICIAN TO WHOM A 949
PERSON, OR THE FAMILY OF A PERSON, HAS ASSIGNED PRIMARY 950
RESPONSIBILITY FOR THE TREATMENT OR CARE OF THE PERSON OR, IF THE 951
PERSON OR THE PERSON'S FAMILY HAS NOT ASSIGNED THAT 952
RESPONSIBILITY, THE PHYSICIAN WHO HAS ACCEPTED THAT 953
RESPONSIBILITY.
(B) "DECLARATION," "HEALTH CARE FACILITY," 955
"LIFE-SUSTAINING TREATMENT," "PHYSICIAN," "PROFESSIONAL 956
DISCIPLINARY ACTION," AND "TORT ACTION" HAVE THE SAME MEANINGS AS 957
IN SECTION 2133.01 OF THE REVISED CODE.
(C) "DNR IDENTIFICATION" MEANS A STANDARDIZED 960
IDENTIFICATION CARD, FORM, NECKLACE, OR BRACELET THAT IS OF
UNIFORM SIZE AND DESIGN, THAT HAS BEEN APPROVED BY THE DEPARTMENT 962
OF HEALTH PURSUANT TO SECTION 2133.25 OF THE REVISED CODE, AND 964
THAT SIGNIFIES EITHER OF THE FOLLOWING: 965
(1) THAT THE PERSON WHO IS NAMED ON AND POSSESSES THE 967
CARD, FORM, NECKLACE, OR BRACELET HAS EXECUTED A DECLARATION THAT 969
AUTHORIZES THE WITHHOLDING OR WITHDRAWAL OF CPR AND THAT HAS NOT 970
23
BEEN REVOKED PURSUANT TO SECTION 2133.04 OF THE REVISED CODE; 971
(2) THAT THE ATTENDING PHYSICIAN OF THE PERSON WHO IS 973
NAMED ON AND POSSESSES THE CARD, FORM, NECKLACE, OR BRACELET HAS 974
ISSUED A CURRENT DO-NOT-RESUSCITATE ORDER, IN ACCORDANCE WITH THE 975
DO-NOT-RESUSCITATE PROTOCOL ADOPTED BY THE DEPARTMENT OF HEALTH 976
PURSUANT TO SECTION 2133.25 OF THE REVISED CODE, FOR THAT PERSON 977
AND HAS DOCUMENTED THE GROUNDS FOR THE ORDER IN THAT PERSON'S 978
MEDICAL FILE.
(D) "DO-NOT-RESUSCITATE ORDER" MEANS A DIRECTIVE ISSUED BY 980
A PHYSICIAN THAT IDENTIFIES A PERSON AND SPECIFIES THAT CPR 982
SHOULD NOT BE ADMINISTERED TO THE PERSON SO IDENTIFIED. 983
(E) "DO-NOT-RESUSCITATE PROTOCOL" MEANS A STANDARDIZED 986
METHOD OF PROCEDURE FOR THE WITHHOLDING OF CPR BY PHYSICIANS, 987
EMERGENCY MEDICAL SERVICE PERSONNEL, AND HEALTH CARE FACILITIES 988
THAT IS ADOPTED IN THE RULES OF THE DEPARTMENT OF HEALTH PURSUANT 990
TO SECTION 2133.25 OF THE REVISED CODE. 991
(F) "EMERGENCY MEDICAL SERVICES PERSONNEL" MEANS PAID OR 994
VOLUNTEER FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, FIRST 995
RESPONDERS, EMERGENCY MEDICAL TECHNICIANS-BASIC, EMERGENCY 996
MEDICAL TECHNICIANS-INTERMEDIATE, EMERGENCY MEDICAL 997
TECHNICIANS-PARAMEDIC, MEDICAL TECHNICIANS, OR OTHER EMERGENCY 998
SERVICES PERSONNEL ACTING WITHIN THE ORDINARY COURSE OF THEIR 999
PROFESSION.
(G) "CPR" MEANS CARDIOPULMONARY RESUSCITATION OR A 1,001
COMPONENT OF CARDIOPULMONARY RESUSCITATION, BUT IT DOES NOT 1,002
INCLUDE CLEARING A PERSON'S AIRWAY FOR A PURPOSE OTHER THAN AS A 1,003
COMPONENT OF CPR.
Sec. 2133.211. A PERSON WHO HOLDS A CERTIFICATE OF 1,005
AUTHORITY TO PRACTICE AS A CERTIFIED NURSE PRACTITIONER OR 1,006
CLINICAL NURSE SPECIALIST ISSUED UNDER SECTION 4723.42 OF THE 1,007
REVISED CODE MAY TAKE ANY ACTION THAT MAY BE TAKEN BY AN 1,008
ATTENDING PHYSICIAN UNDER SECTIONS 2133.21 TO 2133.26 OF THE 1,009
REVISED CODE AND HAS THE IMMUNITY PROVIDED BY SECTION 2133.22 OF 1,010
THE REVISED CODE IF THE ACTION IS TAKEN PURSUANT TO A STANDARD 1,011
24
CARE ARRANGEMENT WITH A COLLABORATING PHYSICIAN.
Sec. 2133.22. (A)(1) NONE OF THE FOLLOWING ARE SUBJECT TO 1,013
CRIMINAL PROSECUTION, TO LIABILITY IN DAMAGES IN A TORT OR OTHER 1,015
CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY, OR 1,016
TO PROFESSIONAL DISCIPLINARY ACTION ARISING OUT OF OR RELATING TO 1,017
THE WITHHOLDING OR WITHDRAWAL OF CPR FROM A PERSON AFTER DNR 1,019
IDENTIFICATION IS DISCOVERED IN THE PERSON'S POSSESSION AND 1,021
REASONABLE EFFORTS HAVE BEEN MADE TO DETERMINE THAT THE PERSON IN
POSSESSION OF THE DNR IDENTIFICATION IS THE PERSON NAMED ON THE 1,022
DNR IDENTIFICATION: 1,023
(a) A PHYSICIAN WHO CAUSES THE WITHHOLDING OR WITHDRAWAL 1,025
OF CPR FROM THE PERSON POSSESSING THE DNR IDENTIFICATION; 1,027
(b) A PERSON WHO PARTICIPATES UNDER THE DIRECTION OF OR 1,030
WITH THE AUTHORIZATION OF A PHYSICIAN IN THE WITHHOLDING OR 1,031
WITHDRAWAL OF CPR FROM THE PERSON POSSESSING THE DNR 1,032
IDENTIFICATION;
(c) ANY EMERGENCY MEDICAL SERVICES PERSONNEL WHO CAUSE OR 1,034
PARTICIPATE IN THE WITHHOLDING OR WITHDRAWAL OF CPR FROM THE 1,035
PERSON POSSESSING THE DNR IDENTIFICATION. 1,036
(2) NONE OF THE FOLLOWING ARE SUBJECT TO CRIMINAL 1,038
PROSECUTION, TO LIABILITY IN DAMAGES IN A TORT OR OTHER CIVIL 1,039
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY, OR TO 1,040
PROFESSIONAL DISCIPLINARY ACTION ARISING OUT OF OR RELATING TO 1,041
THE WITHHOLDING OR WITHDRAWAL OF CPR FROM A PERSON IN A HEALTH 1,043
CARE FACILITY AFTER DNR IDENTIFICATION IS DISCOVERED IN THE 1,044
PERSON'S POSSESSION AND REASONABLE EFFORTS HAVE BEEN MADE TO 1,045
DETERMINE THAT THE PERSON IN POSSESSION OF THE DNR IDENTIFICATION 1,046
IS THE PERSON NAMED ON THE DNR IDENTIFICATION OR A 1,048
DO-NOT-RESUSCITATE ORDER IS ISSUED FOR THE PERSON:
(a) THE HEALTH CARE FACILITY OR THE ADMINISTRATOR OF THE 1,050
HEALTH CARE FACILITY; 1,051
(b) A PHYSICIAN WHO CAUSES THE WITHHOLDING OR WITHDRAWAL 1,054
OF CPR FROM THE PERSON POSSESSING THE DNR IDENTIFICATION OR FOR 1,056
WHOM THE DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED; 1,057
25
(c) ANY PERSON WHO WORKS FOR THE HEALTH CARE FACILITY AS 1,060
AN EMPLOYEE, CONTRACTOR, OR VOLUNTEER AND WHO PARTICIPATES UNDER 1,061
THE DIRECTION OF OR WITH THE AUTHORIZATION OF A PHYSICIAN IN THE 1,062
WITHHOLDING OR WITHDRAWAL OF CPR FROM THE PERSON POSSESSING THE 1,064
DNR IDENTIFICATION;
(d) ANY PERSON WHO WORKS FOR THE HEALTH CARE FACILITY AS 1,067
AN EMPLOYEE, CONTRACTOR, OR VOLUNTEER AND WHO PARTICIPATES UNDER 1,068
THE DIRECTION OF OR WITH THE AUTHORIZATION OF A PHYSICIAN IN THE 1,069
WITHHOLDING OR WITHDRAWAL OF CPR FROM THE PERSON FOR WHOM THE 1,071
DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED.
(3) IF, AFTER DNR IDENTIFICATION IS DISCOVERED IN THE 1,073
POSSESSION OF A PERSON, THE PERSON MAKES AN ORAL OR WRITTEN 1,074
REQUEST TO RECEIVE CPR, ANY PERSON WHO PROVIDES CPR PURSUANT TO 1,075
THE REQUEST, ANY HEALTH CARE FACILITY IN WHICH CPR IS PROVIDED, 1,077
AND THE ADMINISTRATOR OF ANY HEALTH CARE FACILITY IN WHICH CPR IS 1,078
PROVIDED ARE NOT SUBJECT TO CRIMINAL PROSECUTION AS A RESULT OF 1,079
THE PROVISION OF THE CPR, ARE NOT LIABLE IN DAMAGES IN A TORT OR 1,080
OTHER CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR 1,081
PROPERTY THAT ARISES OUT OF OR IS RELATED TO THE PROVISION OF THE 1,082
CPR, AND ARE NOT SUBJECT TO PROFESSIONAL DISCIPLINARY ACTION AS A 1,083
RESULT OF THE PROVISION OF THE CPR. 1,084
(B) DIVISIONS (A)(1), (A)(2), AND (C) OF THIS SECTION DO 1,088
NOT APPLY WHEN CPR IS WITHHELD OR WITHDRAWN FROM A PERSON WHO
POSSESSES DNR IDENTIFICATION OR FOR WHOM A DO-NOT-RESUSCITATE 1,089
ORDER HAS BEEN ISSUED UNLESS THE WITHHOLDING OR WITHDRAWAL IS IN 1,090
ACCORDANCE WITH THE DO-NOT-RESUSCITATE PROTOCOL. 1,091
(C) ANY EMERGENCY MEDICAL SERVICES PERSONNEL WHO COMPLY 1,093
WITH A DO-NOT-RESUSCITATE ORDER ISSUED BY A LICENSED PHYSICIAN 1,095
AND ANY INDIVIDUALS WHO WORK FOR A HEALTH CARE FACILITY AS 1,096
EMPLOYEES, CONTRACTORS, OR VOLUNTEERS AND WHO COMPLY WITH A
DO-NOT-RESUSCITATE ORDER ISSUED BY A LICENSED PHYSICIAN ARE NOT 1,097
SUBJECT TO LIABILITY IN DAMAGES IN A CIVIL ACTION FOR INJURY, 1,099
DEATH, OR LOSS TO PERSON OR PROPERTY THAT ARISES OUT OF OR IS 1,100
RELATED TO COMPLIANCE WITH THE ORDER, ARE NOT SUBJECT TO CRIMINAL 1,101
26
PROSECUTION AS A RESULT OF COMPLIANCE WITH THE ORDER, AND ARE NOT 1,102
SUBJECT TO PROFESSIONAL DISCIPLINARY ACTION AS A RESULT OF 1,103
COMPLIANCE WITH THE ORDER. 1,104
IN AN EMERGENCY SITUATION, EMERGENCY MEDICAL SERVICES 1,106
PERSONNEL AND EMERGENCY ROOM PERSONNEL ARE NOT REQUIRED TO SEARCH 1,107
A PERSON TO DETERMINE IF THE PERSON POSSESSES DNR IDENTIFICATION. 1,110
IF A PERSON POSSESSES DNR IDENTIFICATION, IF EMERGENCY MEDICAL 1,111
SERVICES PERSONNEL OR EMERGENCY ROOM PERSONNEL PROVIDE CPR TO THE 1,112
PERSON IN AN EMERGENCY SITUATION, AND IF, AT THAT TIME, THE 1,114
PERSONNEL DO NOT KNOW AND DO NOT HAVE REASONABLE CAUSE TO BELIEVE 1,115
THAT THE PERSON POSSESSES DNR IDENTIFICATION, THE EMERGENCY 1,117
MEDICAL SERVICES PERSONNEL AND EMERGENCY ROOM PERSONNEL ARE NOT
SUBJECT TO CRIMINAL PROSECUTION AS A RESULT OF THE PROVISION OF 1,119
THE CPR, ARE NOT LIABLE IN DAMAGES IN A TORT OR OTHER CIVIL 1,120
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT 1,121
ARISES OUT OF OR IS RELATED TO THE PROVISION OF THE CPR, AND ARE 1,123
NOT SUBJECT TO PROFESSIONAL DISCIPLINARY ACTION AS A RESULT OF 1,124
THE PROVISION OF THE CPR.
(D) NOTHING IN SECTIONS 2133.21 TO 2133.26 OF THE REVISED 1,127
CODE OR THE DO-NOT-RESUSCITATE PROTOCOL GRANTS IMMUNITY TO A 1,128
PHYSICIAN FOR ISSUING A DO-NOT-RESUSCITATE ORDER THAT IS CONTRARY 1,130
TO REASONABLE MEDICAL STANDARDS OR THAT THE PHYSICIAN KNOWS OR 1,131
HAS REASON TO KNOW IS CONTRARY TO THE WISHES OF THE PATIENT OR OF 1,132
A PERSON WHO IS LAWFULLY AUTHORIZED TO MAKE INFORMED MEDICAL 1,133
DECISIONS ON THE PATIENT'S BEHALF.
Sec. 2133.23. (A) IF EMERGENCY MEDICAL SERVICES 1,136
PERSONNEL, OTHER THAN A PHYSICIAN, ARE PRESENTED WITH DNR 1,137
IDENTIFICATION POSSESSED BY A PERSON OR ARE PRESENTED WITH A 1,138
WRITTEN DO-NOT-RESUSCITATE ORDER FOR A PERSON OR IF A PHYSICIAN 1,139
DIRECTLY ISSUES TO EMERGENCY MEDICAL SERVICES PERSONNEL, OTHER 1,140
THAN A PHYSICIAN, AN ORAL DO-NOT-RESUSCITATE ORDER FOR A PERSON, 1,141
THE EMERGENCY MEDICAL SERVICES PERSONNEL SHALL COMPLY WITH THE 1,142
DO-NOT-RESUSCITATE PROTOCOL FOR THE PERSON. IF THE ORAL 1,143
DO-NOT-RESUSCITATE ORDER IS ISSUED BY A PHYSICIAN WHO IS NOT 1,145
27
PRESENT AT THE SCENE, THE EMERGENCY MEDICAL SERVICES PERSONNEL 1,146
SHALL VERIFY THE PHYSICIAN'S IDENTITY.
(B) IF A PERSON POSSESSES DNR IDENTIFICATION AND IF THE 1,148
PERSON'S ATTENDING PHYSICIAN OR THE HEALTH CARE FACILITY IN WHICH 1,150
THE PERSON IS LOCATED IS UNWILLING OR UNABLE TO COMPLY WITH THE 1,151
DO-NOT-RESUSCITATE PROTOCOL FOR THE PERSON, THE ATTENDING 1,152
PHYSICIAN OR THE HEALTH CARE FACILITY SHALL NOT PREVENT OR 1,153
ATTEMPT TO PREVENT, OR UNREASONABLY DELAY OR ATTEMPT TO DELAY, 1,154
THE TRANSFER OF THE PERSON TO A DIFFERENT PHYSICIAN WHO WILL 1,155
FOLLOW THE PROTOCOL OR TO A DIFFERENT HEALTH CARE FACILITY IN 1,156
WHICH THE PROTOCOL WILL BE FOLLOWED. 1,157
(C) IF A PERSON WHO POSSESSES DNR IDENTIFICATION OR FOR 1,161
WHOM A CURRENT DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED IS BEING 1,162
TRANSFERRED FROM ONE HEALTH CARE FACILITY TO ANOTHER, BEFORE OR 1,163
AT THE TIME OF THE TRANSFER, THE TRANSFERRING HEALTH CARE 1,164
FACILITY SHALL NOTIFY THE RECEIVING HEALTH CARE FACILITY AND THE 1,165
PERSONS TRANSPORTING THE PERSON OF THE EXISTENCE OF THE DNR 1,166
IDENTIFICATION OR THE ORDER. IF A CURRENT DO-NOT-RESUSCITATE
ORDER WAS ISSUED ORALLY, IT SHALL BE REDUCED TO WRITING BEFORE 1,167
THE TIME OF THE TRANSFER. THE DNR IDENTIFICATION OR THE ORDER 1,168
SHALL ACCOMPANY THE PERSON TO THE RECEIVING HEALTH CARE FACILITY 1,169
AND SHALL REMAIN IN EFFECT UNLESS IT IS REVOKED OR UNLESS, IN THE 1,170
CASE OF A DO-NOT-RESUSCITATE ORDER, THE ORDER NO LONGER IS 1,171
CURRENT. 1,172
Sec. 2133.24. (A) THE DEATH OF A PERSON RESULTING FROM 1,174
THE WITHHOLDING OR WITHDRAWAL OF CPR FOR THE PERSON PURSUANT TO 1,175
THE DO-NOT-RESUSCITATE PROTOCOL AND IN THE CIRCUMSTANCES 1,177
DESCRIBED IN SECTION 2133.22 OF THE REVISED CODE OR IN ACCORDANCE 1,178
WITH DIVISION (A) OF SECTION 2133.23 OF THE REVISED CODE DOES NOT 1,180
CONSTITUTE FOR ANY PURPOSE A SUICIDE, AGGRAVATED MURDER, MURDER, 1,181
OR ANY OTHER HOMICIDE. 1,182
(B)(1) IF A PERSON POSSESSES DNR IDENTIFICATION OR IF A 1,185
CURRENT DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED FOR A PERSON,
THE POSSESSION OR ORDER SHALL NOT DO EITHER OF THE FOLLOWING: 1,186
28
(a) AFFECT IN ANY MANNER THE SALE, PROCUREMENT, ISSUANCE, 1,189
OR RENEWAL OF A POLICY OF LIFE INSURANCE OR ANNUITY, 1,190
NOTWITHSTANDING ANY TERM OF A POLICY OR ANNUITY TO THE CONTRARY; 1,191
(b) BE DEEMED TO MODIFY IN ANY MANNER OR INVALIDATE THE 1,194
TERMS OF ANY POLICY OF LIFE INSURANCE OR ANNUITY THAT IS IN 1,195
EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.
(2) NOTWITHSTANDING ANY TERM OF A POLICY OF LIFE INSURANCE 1,198
OR ANNUITY TO THE CONTRARY, THE WITHHOLDING OR WITHDRAWAL OF CPR 1,199
FROM A PERSON WHO IS INSURED OR COVERED UNDER THE POLICY OR 1,200
ANNUITY AND WHO POSSESSES DNR IDENTIFICATION OR FOR WHOM A 1,201
CURRENT DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED, IN ACCORDANCE 1,202
WITH SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE, SHALL NOT 1,204
IMPAIR OR INVALIDATE ANY POLICY OF LIFE INSURANCE OR ANNUITY. 1,205
(3) NOTWITHSTANDING ANY TERM OF A POLICY OR PLAN TO THE 1,207
CONTRARY, NEITHER OF THE FOLLOWING SHALL IMPAIR OR INVALIDATE ANY 1,208
POLICY OF HEALTH INSURANCE OR ANY HEALTH CARE BENEFIT PLAN: 1,209
(a) THE WITHHOLDING OR WITHDRAWAL IN ACCORDANCE WITH 1,211
SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE OF CPR FROM A 1,212
PERSON WHO IS INSURED OR COVERED UNDER THE POLICY OR ANNUITY AND 1,214
WHO POSSESSES DNR IDENTIFICATION OR FOR WHOM A CURRENT 1,215
DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED; 1,216
(b) THE PROVISION IN ACCORDANCE WITH SECTIONS 2133.21 TO 1,218
2133.26 OF THE REVISED CODE OF CPR TO A PERSON OF THE NATURE 1,219
DESCRIBED IN DIVISION (B)(3)(a) OF THIS SECTION. 1,220
(4) NO PHYSICIAN, HEALTH CARE FACILITY, OTHER HEALTH CARE 1,223
PROVIDER, PERSON AUTHORIZED TO ENGAGE IN THE BUSINESS OF
INSURANCE IN THIS STATE UNDER TITLE XXXIX OF THE REVISED CODE, 1,225
MEDICAL CARE CORPORATION, HEALTH CARE CORPORATION, HEALTH 1,226
MAINTENANCE ORGANIZATION, OTHER HEALTH CARE PLAN, LEGAL ENTITY 1,227
THAT IS SELF-INSURED AND PROVIDES BENEFITS TO ITS EMPLOYEES OR 1,228
MEMBERS, OR OTHER PERSON SHALL REQUIRE AN INDIVIDUAL TO POSSESS 1,229
DNR IDENTIFICATION, OR SHALL REQUIRE AN INDIVIDUAL TO REVOKE OR 1,231
REFRAIN FROM POSSESSING DNR IDENTIFICATION, AS A CONDITION OF 1,233
BEING INSURED OR OF RECEIVING HEALTH CARE BENEFITS OR SERVICES. 1,234
29
(C)(1) SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE DO 1,237
NOT CREATE ANY PRESUMPTION CONCERNING THE INTENT OF AN INDIVIDUAL 1,238
WHO DOES NOT POSSESS DNR IDENTIFICATION WITH RESPECT TO THE USE, 1,241
WITHHOLDING, OR WITHDRAWAL OF CPR.
(2) SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE DO NOT 1,244
AFFECT THE RIGHT OF A PERSON TO MAKE INFORMED DECISIONS REGARDING 1,245
THE USE, WITHHOLDING, OR WITHDRAWAL OF CPR FOR THE PERSON AS LONG 1,247
AS THE PERSON IS ABLE TO MAKE THOSE DECISIONS.
(3) SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE ARE IN 1,250
ADDITION TO AND INDEPENDENT OF, AND DO NOT LIMIT, IMPAIR, OR 1,251
SUPERSEDE, ANY RIGHT OR RESPONSIBILITY THAT A PERSON HAS TO 1,252
EFFECT THE WITHHOLDING OR WITHDRAWAL OF LIFE-SUSTAINING TREATMENT 1,253
TO ANOTHER PURSUANT TO SECTIONS 2133.01 TO 2133.15 OF THE REVISED 1,255
CODE OR IN ANY OTHER LAWFUL MANNER.
(D) NOTHING IN SECTIONS 2133.21 TO 2133.26 OF THE REVISED 1,259
CODE CONDONES, AUTHORIZES, OR APPROVES OF MERCY KILLING, ASSISTED 1,260
SUICIDE, OR EUTHANASIA.
Sec. 2133.25. (A) THE DEPARTMENT OF HEALTH, BY RULE 1,263
ADOPTED PURSUANT TO CHAPTER 119. OF THE REVISED CODE, SHALL ADOPT 1,265
A STANDARDIZED METHOD OF PROCEDURE FOR THE WITHHOLDING OF CPR BY 1,266
PHYSICIANS, EMERGENCY MEDICAL SERVICES PERSONNEL, AND HEALTH CARE 1,267
FACILITITES IN ACCORDANCE WITH SECTIONS 2133.21 TO 2133.26 OF THE 1,268
REVISED CODE. THE STANDARDIZED METHOD SHALL SPECIFY CRITERIA FOR
DETERMINING WHEN A DO-NOT-RESUSCITATE ORDER ISSUED BY A PHYSICIAN 1,269
IS CURRENT. THE STANDARDIZED METHOD SO ADOPTED SHALL BE THE 1,270
"DO-NOT-RESUSCITATE PROTOCOL" FOR PURPOSES OF SECTIONS 2133.21 TO 1,271
2133.26 OF THE REVISED CODE. THE DEPARTMENT ALSO SHALL APPROVE 1,272
ONE OR MORE STANDARD FORMS OF DNR IDENTIFICATION TO BE USED 1,273
THROUGHOUT THIS STATE. 1,274
(B) THE DEPARTMENT OF HEALTH SHALL ADOPT RULES IN 1,276
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE 1,277
ADMINISTRATION OF SECTIONS 2133.21 TO 2133.26 OF THE REVISED 1,280
CODE.
(C) THE DEPARTMENT OF HEALTH SHALL APPOINT AN ADVISORY 1,282
30
COMMITTEE TO ADVISE THE DEPARTMENT IN THE DEVELOPMENT OF RULES 1,283
UNDER THIS SECTION. THE ADVISORY COMMITTEE SHALL INCLUDE, BUT 1,284
SHALL NOT BE LIMITED TO, REPRESENTATIVES OF EACH OF THE FOLLOWING 1,285
ORGANIZATIONS:
(1) THE ASSOCIATION FOR HOSPITALS AND HEALTH SYSTEMS 1,287
(OHA);
(2) THE OHIO STATE MEDICAL ASSOCIATION; 1,289
(3) THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF EMERGENCY 1,292
PHYSICIANS;
(4) THE OHIO HOSPICE ORGANIZATION; 1,294
(5) THE OHIO COUNCIL FOR HOME CARE; 1,296
(6) THE OHIO HEALTH CARE ASSOCIATION; 1,298
(7) THE OHIO AMBULANCE ASSOCIATION; 1,300
(8) THE OHIO MEDICAL DIRECTORS ASSOCIATION; 1,302
(9) THE OHIO ASSOCIATION OF EMERGENCY MEDICAL SERVICES; 1,304
(10) THE BIOETHICS NETWORK OF OHIO; 1,306
(11) THE OHIO NURSES ASSOCIATION; 1,308
(12) THE OHIO ACADEMY OF NURSING HOMES; 1,310
(13) THE OHIO ASSOCIATION 0F PROFESSIONAL FIREFIGHTERS; 1,312
(14) THE OHIO DEPARTMENT OF MENTAL RETARDATION AND 1,314
DEVELOPMENTAL DISABILITIES; 1,315
(15) THE OHIO OSTEOPATHIC ASSOCIATION; 1,317
(16) THE ASSOCIATION OF OHIO PHILANTHROPIC HOMES, HOUSING 1,319
AND SERVICES FOR THE AGING; 1,320
(17) THE CATHOLIC CONFERENCE OF OHIO. 1,322
Sec. 2133.26. (A)(1) NO PHYSICIAN SHALL WILLFULLY PREVENT 1,325
OR ATTEMPT TO PREVENT, OR DELAY OR UNREASONABLY ATTEMPT TO DELAY, 1,326
THE TRANSFER OF A PATIENT IN VIOLATION OF DIVISION (B) OF SECTION 1,327
2133.23 OF THE REVISED CODE. 1,328
(2) NO PERSON SHALL PURPOSELY CONCEAL, CANCEL, DEFACE, OR 1,330
OBLITERATE THE DNR IDENTIFICATION OF ANOTHER PERSON WITHOUT THE 1,331
CONSENT OF THE OTHER PERSON. 1,333
(3) NO PERSON SHALL FALSIFY OR FORGE A REVOCATION OF A 1,335
DECLARATION THAT IS THE BASIS OF THE DNR IDENTIFICATION OF 1,337
31
ANOTHER PERSON OR FALSIFY OR FORGE AN ORDER OF A PHYSICIAN THAT 1,338
PURPORTS TO SUPERSEDE A DO-NOT-RESUSCITATE ORDER ISSUED FOR 1,339
ANOTHER PERSON.
(4) NO PERSON SHALL FALSIFY OR FORGE THE DNR 1,342
IDENTIFICATION OF ANOTHER PERSON WITH THE INTENT TO CAUSE THE 1,343
USE, WITHHOLDING, OR WITHDRAWAL OF CPR FOR THE OTHER PERSON. 1,344
(5) NO PERSON WHO HAS PERSONAL KNOWLEDGE THAT ANOTHER 1,346
PERSON HAS REVOKED A DECLARATION THAT IS THE BASIS OF THE OTHER 1,348
PERSON'S DNR IDENTIFICATION OR PERSONAL KNOWLEDGE THAT A 1,349
PHYSICIAN HAS ISSUED AN ORDER THAT SUPERSEDES A 1,350
DO-NOT-RESUSCITATE ORDER THAT THE PHYSICIAN ISSUED FOR ANOTHER 1,351
PERSON SHALL PURPOSELY CONCEAL OR WITHHOLD THAT PERSONAL 1,352
KNOWLEDGE WITH THE INTENT TO CAUSE THE USE, WITHHOLDING, OR 1,353
WITHDRAWAL OF CPR FOR THE OTHER PERSON.
(B)(1) WHOEVER VIOLATES DIVISION (A)(1) OR (5) OF THIS 1,356
SECTION IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE. 1,357
(2) WHOEVER VIOLATES DIVISION (A)(2), (3), OR (4) OF THIS 1,359
SECTION IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 1,360
Sec. 4506.07. (A) Every application for a commercial 1,369
driver's license, restricted commercial driver's license, or a 1,370
commercial driver's temporary instruction permit, or a duplicate 1,371
of such a license, shall be made upon a form approved and 1,372
furnished by the registrar of motor vehicles. Except as provided 1,373
in section 4506.24 of the Revised Code in regard to a restricted 1,374
commercial driver's license, the application shall be signed by 1,375
the applicant and shall contain the following information: 1,376
(1) The APPLICANT'S name, date of birth, social security 1,378
account number, sex, general description including height, 1,379
weight, and color of hair and eyes, current residence, duration 1,380
of residence in this state, country of citizenship, and 1,381
occupation;
(2) Whether the applicant previously has been licensed to 1,383
operate a commercial motor vehicle or any other type of motor 1,384
vehicle in another state or a foreign jurisdiction and, if so, 1,385
32
when, by what state, and whether the license or driving 1,386
privileges currently are suspended or revoked in any 1,387
jurisdiction, or the applicant otherwise has been disqualified 1,388
from operating a commercial motor vehicle, or is subject to an 1,389
out-of-service order issued under this chapter or any similar law 1,390
of another state or a foreign jurisdiction and, if so, the date 1,391
of, locations involved, and reason for the suspension, 1,392
revocation, disqualification, or out-of-service order; 1,393
(3) Whether the applicant is afflicted with or suffering 1,395
from any physical or mental disability or disease that prevents 1,396
him THE APPLICANT from exercising reasonable and ordinary control 1,398
over a motor vehicle while operating it upon a highway or is or 1,399
has been subject to any condition resulting in episodic 1,400
impairment of consciousness or loss of muscular control and, if 1,401
so, the nature and extent of the disability, disease, or 1,402
condition, and the names and addresses of the physicians 1,403
attending him THE APPLICANT; 1,404
(4) Whether the applicant has obtained a medical 1,406
examiner's certificate as required by this chapter; 1,407
(5) Whether the applicant has pending a citation for 1,409
violation of any motor vehicle law or ordinance except a parking 1,410
violation and, if so, a description of the citation, the court 1,411
having jurisdiction of the offense, and the date when the offense 1,412
occurred; 1,413
(6) Whether the applicant wishes to certify willingness to 1,415
make an anatomical donation under section 2108.04 of the Revised 1,416
Code, which shall be given no consideration in the issuance of a 1,417
license; 1,418
(7) On and after May 1, 1993, whether the applicant has 1,420
executed a valid durable power of attorney for health care 1,421
pursuant to sections 1337.11 to 1337.17 of the Revised Code or 1,422
has executed a declaration governing the use or continuation, or 1,423
the withholding or withdrawal, of life-sustaining treatment 1,424
pursuant to Chapter 2133. SECTIONS 2133.01 TO 2133.15 of the 1,426
33
Revised Code and, if the applicant has executed either type of 1,427
instrument, whether he THE APPLICANT wishes his THE license 1,428
ISSUED to indicate that he THE APPLICANT has executed the 1,429
instrument.
(B) Every applicant shall certify, on a form approved and 1,431
furnished by the registrar, all of the following: 1,432
(1) That the motor vehicle in which the applicant intends 1,434
to take the driving skills test is representative of the type of 1,435
motor vehicle that the applicant expects to operate as a driver; 1,436
(2) That the applicant is not subject to any 1,438
disqualification or out-of-service order, or license suspension, 1,439
revocation, or cancellation, under the laws of this state, of 1,440
another state, or of a foreign jurisdiction and does not have 1,441
more than one driver's license issued by this or another state or 1,442
a foreign jurisdiction; 1,443
(3) Any additional information, certification, or evidence 1,445
that the registrar requires by rule in order to ensure that the 1,446
issuance of a commercial driver's license to the applicant is in 1,447
compliance with the law of this state and with federal law. 1,448
(C) Every applicant shall execute a form, approved and 1,450
furnished by the registrar, under which the applicant consents to 1,451
the release by the registrar of information from the applicant's 1,452
driving record. 1,453
(D) The registrar or a deputy registrar shall, in 1,455
accordance with section 3503.11 of the Revised Code, SHALL 1,457
register as an elector any applicant for a commercial driver's 1,458
license or for a renewal or duplicate of such a license under 1,459
this chapter, if the applicant is eligible and wishes to be 1,460
registered as an elector. The decision of an applicant whether 1,461
to register as an elector shall be given no consideration in the 1,462
decision of whether to issue him THE APPLICANT a license or a 1,463
renewal or duplicate.
(E) The registrar or a deputy registrar shall, in 1,465
accordance with section 3503.11 of the Revised Code, SHALL offer 1,467
34
the opportunity of completing a notice of change of residence or 1,468
change of name to any applicant for a commercial driver's license 1,470
or for a renewal or duplicate of such a license who is a resident 1,471
of this state, if the applicant is a registered elector who has 1,472
changed his THE APPLICANT'S residence or name and has not filed 1,473
such a notice.
Sec. 4507.06. (A)(1) Every application for a driver's 1,482
license or motorcycle operator's license or endorsement, or 1,483
duplicate of any such license or endorsement, shall be made upon 1,484
the approved form furnished by the registrar of motor vehicles 1,485
and shall be signed by the applicant. 1,486
Every application shall state the following: 1,488
(a) The applicant's name, date of birth, social security 1,490
number if such has been assigned, sex, general description, 1,491
including height, weight, color of hair, and eyes, residence 1,492
address, including county of residence, duration of residence in 1,493
this state, and country of citizenship; 1,494
(b) Whether the applicant previously has been licensed as 1,496
an operator, chauffeur, driver, commercial driver, or motorcycle 1,497
operator and, if so, when, by what state, and whether such 1,498
license is suspended or revoked at the present time and, if so, 1,499
the date of and reason for the suspension or revocation; 1,500
(c) Whether the applicant is now or ever has been 1,502
afflicted with epilepsy, or whether the applicant now is 1,503
suffering from any physical or mental disability or disease and, 1,504
if so, the nature and extent of the disability or disease, giving 1,505
the names and addresses of physicians then or previously in 1,506
attendance upon the applicant; 1,507
(d) Whether an applicant for a duplicate driver's license, 1,509
or duplicate license containing a motorcycle operator endorsement 1,510
has pending a citation for violation of any motor vehicle law or 1,511
ordinance, a description of any such citation pending, and the 1,512
date of the citation; 1,513
(e) Whether the applicant wishes to certify willingness to 1,515
35
make an anatomical gift under section 2108.04 of the Revised 1,516
Code, which shall be given no consideration in the issuance of a 1,517
license or endorsement; 1,518
(f) On and after May 1, 1993, whether the applicant has 1,520
executed a valid durable power of attorney for health care 1,521
pursuant to sections 1337.11 to 1337.17 of the Revised Code or 1,522
has executed a declaration governing the use or continuation, or 1,523
the withholding or withdrawal, of life-sustaining treatment 1,524
pursuant to Chapter 2133. SECTIONS 2133.01 TO 2133.15 of the 1,526
Revised Code and, if the applicant has executed either type of 1,527
instrument, whether the applicant wishes the applicant's license 1,529
to indicate that the applicant has executed the instrument. 1,531
(2) Every applicant for a driver's license shall be 1,533
photographed in color at the time the application for the license 1,534
is made. The application shall state any additional information 1,535
that the registrar requires. 1,536
(B) The registrar or a deputy registrar, in accordance 1,538
with section 3503.11 of the Revised Code, shall register as an 1,539
elector any person who applies for a driver's license or 1,540
motorcycle operator's license or endorsement under division (A) 1,541
of this section, or for a renewal or duplicate of the license or 1,542
endorsement, if the applicant is eligible and wishes to be 1,543
registered as an elector. The decision of an applicant whether 1,544
to register as an elector shall be given no consideration in the 1,545
decision of whether to issue the applicant a license or 1,546
endorsement, or a renewal or duplicate.
(C) The registrar or a deputy registrar, in accordance 1,548
with section 3503.11 of the Revised Code, shall offer the 1,549
opportunity of completing a notice of change of residence or 1,550
change of name to any applicant for a driver's license or 1,552
endorsement under division (A) of this section, or for a renewal 1,553
or duplicate of the license or endorsement, if the applicant is a 1,554
registered elector who has changed the applicant's residence or 1,555
name and has not filed such a notice. 1,556
36
Sec. 4507.51. (A)(1) Every application for an 1,565
identification card or duplicate shall be made on a form 1,566
furnished by the registrar of motor vehicles, shall be signed by 1,567
the applicant, and by his THE APPLICANT'S parent or guardian if 1,568
the applicant is under eighteen years of age, and shall contain 1,570
the following information pertaining to the applicant: name, 1,571
date of birth, sex, general description including the applicant's 1,572
height, weight, hair color, and eye color, address, and at the 1,573
option of the applicant, his THE APPLICANT'S social security 1,574
number, his THE APPLICANT'S blood type, or his THE APPLICANT'S 1,576
social security number and his blood type. The application form 1,577
shall state that an applicant is not required to furnish his THE 1,578
APPLICANT'S social security number or his THE APPLICANT'S blood 1,580
type. The application shall also state whether an applicant 1,581
wishes to certify willingness to make an anatomical gift under 1,582
section 2108.04 of the Revised Code and shall include information 1,583
about the requirements of that section that apply to persons who 1,584
are less than eighteen years of age. The statement regarding 1,585
willingness to make such a donation shall be given no 1,587
consideration in the decision of whether to issue an 1,588
identification card. Each applicant shall be photographed in 1,589
color at the time of making application.
(2) On and after May 1, 1993, the application also shall 1,591
state whether the applicant has executed a valid durable power of 1,593
attorney for health care pursuant to sections 1337.11 to 1337.17
of the Revised Code or has executed a declaration governing the 1,594
use or continuation, or the withholding or withdrawal, of 1,595
life-sustaining treatment pursuant to Chapter 2133. SECTIONS 1,596
2133.01 TO 2133.15 of the Revised Code and, if the applicant has 1,597
executed either type of instrument, whether he THE APPLICANT 1,599
wishes his THE identification card ISSUED to indicate that he THE 1,600
APPLICANT has executed the instrument. 1,601
(3) The registrar or deputy registrar, in accordance with 1,603
section 3503.11 of the Revised Code, shall register as an elector 1,605
37
any person who applies for an identification card or duplicate if 1,606
the applicant is eligible and wishes to be registered as an 1,607
elector. The decision of an applicant whether to register as an 1,608
elector shall be given no consideration in the decision of 1,609
whether to issue him THE APPLICANT an identification card or 1,610
duplicate.
(B) The application for an identification card or 1,612
duplicate shall be filed in the office of the registrar or deputy 1,614
registrar. Each applicant shall present documentary evidence as
required by the registrar of his THE APPLICANT'S age and 1,615
identity. Each applicant who did not enter his OR HER social 1,616
security number on his OR HER application form, upon request, 1,618
shall furnish the registrar or the deputy registrar with the 1,619
applicant's social security number, if such a number has been 1,621
assigned to the applicant, for purposes of determining whether a 1,623
driver's or commercial driver's license has been issued under the 1,624
same social security number. The registrar or deputy registrar 1,625
shall not maintain the social security number as a part of the 1,626
record or enter it on the application form. The applicant shall 1,627
swear that all information given is true. 1,628
All applications for an identification card or duplicate 1,630
shall be filed in duplicate, and if submitted to a deputy 1,631
registrar, a copy shall be forwarded to the registrar. The 1,632
registrar shall prescribe rules for the manner in which a deputy 1,633
registrar is to file and maintain applications and other records. 1,634
The registrar shall maintain a suitable, indexed record of all 1,635
applications denied and cards issued or canceled. 1,636
Section 2. That existing sections 1337.12, 2133.01, 1,638
2133.02, 2133.03, 2133.07, 2133.10, 2133.12, 2133.13, 2133.14, 1,639
2133.15, 4506.07, 4507.06, and 4507.51 of the Revised Code are 1,640
hereby repealed. 1,641
Section 3. That Section 3 of Am. Sub. S.B. 1 of the 119th 1,643
General Assembly be amended to read as follows: 1,644
"Sec. 3. Chapter 2133. of the Revised Code, as enacted 1,646
38
AMENDED by this act, shall be entitled the Modified Uniform 1,647
Rights of the Terminally Ill Act AND THE DNR IDENTIFICATION AND 1,649
DO-NOT-RESUSCITATE ORDER LAW."
Section 4. That existing Section 3 of Am. Sub. S.B. 1 of 1,651
the 119th General Assembly is hereby repealed. 1,652