As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 354 5
1997-1998 6
REPRESENTATIVES TERWILLEGER-CORBIN-GARCIA-PRINGLE-THOMAS-VESPER- 8
TAYLOR-BRADING-OLMAN-SCHURING-VAN VYVEN-LEWIS-REID-SAWYER- 9
BENDER-OPFER-PRENTISS-VERICH-COLONNA-MEAD-MILLER-O'BRIEN-OGG- 10
SCHULER-WILSON-DAMSCHRODER-LAWRENCE-TAVARES-GRENDELL-PERZ 11
13
A B I L L
To amend sections 1337.12, 2133.01, 2133.02, 15
2133.03, 2133.07, 2133.10, 2133.12, 2133.13, 16
2133.14, 2133.15, 4506.07, 4507.06, and 4507.51 17
and to enact sections 2133.21, 2133.211, and 18
2133.22 to 2133.26 of the Revised Code and to 19
amend Section 3 of Am. Sub. S.B. 1 of the 119th 20
General Assembly relative to "do not resuscitate" 21
identifications, orders, and protocols. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 1337.12, 2133.01, 2133.02, 26
2133.03, 2133.07, 2133.10, 2133.12, 2133.13, 2133.14, 2133.15, 27
4506.07, 4507.06, and 4507.51 be amended and sections 2133.21, 28
2133.211, 2133.22, 2133.23, 2133.24, 2133.25, and 2133.26 of the 29
Revised Code be enacted to read as follows: 30
Sec. 1337.12. (A)(1) An adult who is of sound mind 39
voluntarily may create a valid durable power of attorney for 40
health care by executing a durable power of attorney, in 41
accordance with division (B) of section 1337.09 of the Revised 42
Code, that authorizes an attorney in fact as described in 43
division (A)(2) of this section to make health care decisions for 44
the principal at any time that the attending physician of the 45
principal determines that he THE PRINCIPAL has lost the capacity 46
to make informed health care decisions for himself THE PRINCIPAL. 48
2
Except as otherwise provided in divisions (B) to (F) of section 51
1337.13 of the Revised Code, the authorization may include the 52
right to give informed consent, to refuse to give informed 53
consent, or to withdraw informed consent, to any health care that 54
is being or could be provided to the principal. Additionally, to 55
be valid, a durable power of attorney for health care shall 56
satisfy both of the following: 57
(a) It shall be signed by the principal and state the date 59
of its execution. 60
(b) It shall be witnessed in accordance with division (B) 62
of this section or be acknowledged by the principal in accordance 63
with division (C) of this section. 64
(2) Except as otherwise provided in this division, a 66
durable power of attorney for health care may designate any 67
competent adult as the attorney in fact. The attending physician 68
of the principal and an administrator of any nursing home in 69
which the principal is receiving care shall not be designated as 70
an attorney in fact in, or act as an attorney in fact pursuant 71
to, a durable power of attorney for health care. An employee or 72
agent of the attending physician of the principal and an employee 73
or agent of any health care facility in which the principal is 74
being treated shall not be designated as an attorney in fact in, 75
or act as an attorney in fact pursuant to, a durable power of 76
attorney for health care, except that these limitations do not 77
preclude a principal from designating either type of employee or 78
agent as his THE PRINCIPAL'S attorney in fact if the individual 79
is a competent adult and related to the principal by blood, 81
marriage, or adoption, or if the individual is a competent adult 82
and the principal and the individual are members of the same 83
religious order. 84
(3) A durable power of attorney for health care shall not 86
expire, unless the principal specifies an expiration date in the 87
instrument. However, when a durable power of attorney contains 88
an expiration date, if the principal lacks the capacity to make 89
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informed health care decisions for himself THE PRINCIPAL on the 90
expiration date, the instrument shall continue in effect until 92
the principal regains the capacity to make informed health care 93
decisions for himself THE PRINCIPAL. 94
(B) If witnessed for purposes of division (A)(1)(b) of 96
this section, a durable power of attorney for health care shall 97
be witnessed by at least two individuals who are adults and who 98
are not ineligible to be witnesses under this division. Any 99
person who is related to the principal by blood, marriage, or 100
adoption, any person who is designated as the attorney in fact in 101
the instrument, the attending physician of the principal, and the 102
administrator of any nursing home in which the principal is 103
receiving care are ineligible to be witnesses. 104
The witnessing of a durable power of attorney for health 106
care shall involve the principal signing, or acknowledging his 107
THE PRINCIPAL'S signature on, the instrument in the presence of 108
each witness. Then, each witness shall subscribe his THE 109
WITNESS'S signature on the durable power of attorney for health 111
care and, by doing so, attest to his THE WITNESS'S belief that 112
the principal appears to be of sound mind and not under or 113
subject to duress, fraud, or undue influence.
(C) If acknowledged for purposes of division (A)(1)(b) of 115
this section, a durable power of attorney for health care shall 116
be acknowledged before a notary public, who shall make the 117
certification described in section 147.53 of the Revised Code and 118
also shall attest that the principal appears to be of sound mind 119
and not under or subject to duress, fraud, or undue influence. 120
(D)(1) IF A PRINCIPAL HAS BOTH A VALID DURABLE POWER OF 123
ATTORNEY FOR HEALTH CARE AND A VALID DECLARATION, DIVISION (B) OF 124
SECTION 2133.03 OF THE REVISED CODE APPLIES. IF A PRINCIPAL HAS 127
BOTH A VALID DURABLE POWER OF ATTORNEY FOR HEALTH CARE AND A DNR 128
IDENTIFICATION THAT IS BASED UPON A VALID DECLARATION AND IF THE 129
DECLARATION SUPERSEDES THE DURABLE POWER OF ATTORNEY FOR HEALTH 130
CARE UNDER DIVISION (B) OF SECTION 2133.03 OF THE REVISED CODE, 133
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THE DNR IDENTIFICATION SUPERSEDES THE DURABLE POWER OF ATTORNEY 135
FOR HEALTH CARE TO THE EXTENT OF ANY CONFLICT BETWEEN THE TWO. A 136
VALID DURABLE POWER OF ATTORNEY FOR HEALTH CARE SUPERSEDES ANY 137
DNR IDENTIFICATION THAT IS BASED UPON A DO-NOT-RESUSCITATE ORDER 138
THAT A PHYSICIAN ISSUED FOR THE PRINCIPAL WHICH IS INCONSISTENT 140
WITH THE DURABLE POWER OF ATTORNEY FOR HEALTH CARE OR A VALID 141
DECISION BY THE ATTORNEY IN FACT UNDER A DURABLE POWER OF
ATTORNEY. 142
(2) AS USED IN DIVISION (D) OF THIS SECTION: 144
(a) "DECLARATION" HAS THE SAME MEANING AS IN SECTION 146
2133.01 OF THE REVISED CODE. 147
(b) "DO-NOT-RESUSCITATE ORDER" AND "DNR IDENTIFICATION" 149
HAVE THE SAME MEANINGS AS IN SECTION 2133.21 OF THE REVISED CODE. 150
Sec. 2133.01. Unless the context otherwise requires, as 159
used in this chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED 160
CODE:
(A) "Adult" means an individual who is eighteen years of 162
age or older. 163
(B) "Attending physician" means the physician to whom a 165
declarant or other patient, or the family of a declarant or other 166
patient, has assigned primary responsibility for the treatment or 167
care of the declarant or other patient, or, if the responsibility 168
has not been assigned, the physician who has accepted that 169
responsibility.
(C) "Comfort care" means any of the following: 171
(1) Nutrition 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
(2) Hydration when administered to diminish the pain or 177
discomfort of a declarant or other patient, but not to postpone 178
THE DECLARANT'S OR OTHER PATIENT'S death; 179
(3) Any other medical or nursing procedure, treatment, 181
intervention, or other measure that is taken to diminish the pain 182
or discomfort of a declarant or other patient, but not to 183
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postpone THE DECLARANT'S OR OTHER PATIENT'S death. 184
(D) "Consulting physician" means a physician who, in 186
conjunction with the attending physician of a declarant or other 187
patient, makes one or more determinations that are required to be 188
made by the attending physician, or to be made by the attending 189
physician and one other physician, by an applicable provision of 190
this chapter, to a reasonable degree of medical certainty and in 191
accordance with reasonable medical standards. 192
(E) "Declarant" means any adult who has executed a 194
declaration in accordance with section 2133.02 of the Revised 195
Code. 196
(F) "Declaration" means a written document executed in 198
accordance with section 2133.02 of the Revised Code. 199
(G) "Durable power of attorney for health care" means a 201
document created pursuant to sections 1337.11 to 1337.17 of the 202
Revised Code. 203
(H) "Guardian" means a person appointed by a probate court 205
pursuant to Chapter 2111. of the Revised Code to have the care 206
and management of the person of an incompetent. 207
(I) "Health care facility" means any of the following: 209
(1) A hospital; 211
(2) A hospice care program or other institution that 213
specializes in comfort care of patients in a terminal condition 214
or in a permanently unconscious state; 215
(3) A nursing home OR RESIDENTIAL CARE FACILITY, AS 217
DEFINED IN SECTION 3721.01 OF THE REVISED CODE; 218
(4) A home health agency AND ANY RESIDENTIAL FACILITY 220
WHERE A PERSON IS RECEIVING CARE UNDER THE DIRECTION OF A HOME 221
HEALTH AGENCY;
(5) An intermediate care facility for the mentally 223
retarded. 224
(J) "Health care personnel" means physicians, nurses, 226
physician assistants, emergency medical technicians-basic, 228
emergency medical technicians-intermediate, emergency medical 229
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technicians-paramedic, medical technicians, dietitians, other 230
authorized persons acting under the direction of an attending 231
physician, and administrators of health care facilities.
(K) "Home health agency" has the same meaning as in 233
section 3701.88 of the Revised Code. 234
(L) "Hospice care program" has the same meaning as in 236
section 3712.01 of the Revised Code. 237
(M) "Hospital" has the same meanings as in sections 239
2108.01, 3701.01, and 5122.01 of the Revised Code. 240
(N) "Hydration" means fluids that are artificially or 242
technologically administered. 243
(O) "Incompetent" has the same meaning as in section 245
2111.01 of the Revised Code. 246
(P) "Intermediate care facility for the mentally retarded" 248
has the same meaning as in section 5111.20 of the Revised Code. 249
(Q) "Life-sustaining treatment" means any medical 251
procedure, treatment, intervention, or other measure that, when 252
administered to a qualified patient or other patient, will serve 253
principally to prolong the process of dying. 254
(R) "Nurse" means a person who is licensed to practice 256
nursing as a registered nurse or to practice practical nursing as 257
a licensed practical nurse pursuant to Chapter 4723. of the 258
Revised Code. 259
(S) "Nursing home" has the same meaning as in section 261
3721.01 of the Revised Code. 262
(T) "Nutrition" means sustenance that is artificially or 264
technologically administered. 265
(U) "Permanently unconscious state" means a state of 267
permanent unconsciousness in a declarant or other patient that, 268
to a reasonable degree of medical certainty as determined in 269
accordance with reasonable medical standards by the declarant's 270
or other patient's attending physician and one other physician 271
who has examined the declarant or other patient, is characterized 272
by both of the following: 273
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(1) Irreversible unawareness of one's being and 275
environment.
(2) Total loss of cerebral cortical functioning, resulting 277
in the declarant or other patient having no capacity to 278
experience pain or suffering.
(V) "Person" has the same meaning as in section 1.59 of 280
the Revised Code and additionally includes political subdivisions 281
and governmental agencies, boards, commissions, departments, 282
institutions, offices, and other instrumentalities. 283
(W) "Physician" means a person who is authorized under 285
Chapter 4731. of the Revised Code to practice medicine and 287
surgery or osteopathic medicine and surgery.
(X) "Political subdivision" and "state" have the same 289
meanings as in section 2744.01 of the Revised Code. 290
(Y) "Professional disciplinary action" means action taken 292
by the board or other entity that regulates the professional 293
conduct of health care personnel, including the state medical 294
board and the board of nursing. 295
(Z) "Qualified patient" means an adult who has executed a 297
declaration and has been determined to be in a terminal condition 298
or in a permanently unconscious state. 299
(AA) "Terminal condition" means an irreversible, 301
incurable, and untreatable condition caused by disease, illness, 302
or injury from which, to a reasonable degree of medical certainty 303
as determined in accordance with reasonable medical standards by 304
a declarant's or other patient's attending physician and one 305
other physician who has examined the declarant or other patient, 306
both of the following apply: 307
(1) There can be no recovery. 309
(2) Death is likely to occur within a relatively short 311
time if life-sustaining treatment is not administered. 312
(BB) "Tort action" means a civil action for damages for 314
injury, death, or loss to person or property, other than a civil 315
action for damages for breach of a contract or another agreement 316
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between persons. 317
Sec. 2133.02. (A)(1) An adult who is of sound mind 327
voluntarily may execute at any time a declaration governing the 328
use or continuation, or the withholding or withdrawal, of 329
life-sustaining treatment. The declaration shall be signed by 330
the declarant or by another individual at the direction of the 331
declarant, state the date of its execution, and either be 332
witnessed as described in division (B)(1) of this section or be 333
acknowledged by the declarant in accordance with division (B)(2) 334
of this section. The declaration may include a designation by 335
the declarant of one or more persons who are to be notified by 336
the declarant's attending physician at any time that 337
life-sustaining treatment would be withheld or withdrawn pursuant 338
to the declaration. THE DECLARATION MAY INCLUDE A SPECIFIC 339
AUTHORIZATION FOR THE USE OR CONTINUATION OR THE WITHHOLDING OR 340
WITHDRAWAL OF CPR, BUT THE FAILURE TO INCLUDE A SPECIFIC 342
AUTHORIZATION FOR THE WITHHOLDING OR WITHDRAWAL OF CPR DOES NOT 343
PRECLUDE THE WITHHOLDING OR WITHDRAWAL OF CPR IN ACCORDANCE WITH 344
SECTIONS 2133.01 TO 2133.15 OR SECTIONS 2133.21 TO 2133.26 OF THE 345
REVISED CODE.
(2) Depending upon whether the declarant intends his THE 347
declaration to apply when he THE DECLARANT is in a terminal 348
condition, in a permanently unconscious state, or in either a 350
terminal condition or a permanently unconscious state, his THE 351
DECLARANT'S declaration shall use either or both of the terms 353
"terminal condition" and "permanently unconscious state," and 354
shall define or otherwise explain those terms in capital letters 355
and in a manner that is substantially consistent with the 356
provisions of section 2133.01 of the Revised Code. 357
(3)(a) If a declarant who has authorized the withholding 359
or withdrawal of life-sustaining treatment intends that his THE 360
DECLARANT'S attending physician withhold or withdraw nutrition or 361
hydration when he THE DECLARANT is in a permanently unconscious 363
state and when the nutrition and hydration will not or no longer 364
9
will serve to provide comfort to him THE DECLARANT or alleviate 365
his THE DECLARANT'S pain, then the declarant shall authorize his 366
THE DECLARANT'S attending physician to withhold or withdraw 367
nutrition or hydration when he THE DECLARANT is in the 368
permanently unconscious state by doing both of the following in 370
the declaration:
(i) Including a statement in capital letters that his THE 372
DECLARANT'S attending physician may withhold or withdraw 373
nutrition and hydration if he THE DECLARANT is in a permanently 374
unconscious state and if his THE DECLARANT'S attending physician 375
and at least one other physician who has examined him THE 377
DECLARANT determine, to a reasonable degree of medical certainty 379
and in accordance with reasonable medical standards, that 380
nutrition or hydration will not or no longer will serve to
provide comfort to him THE DECLARANT or alleviate his THE 382
DECLARANT'S pain, or checking or otherwise marking a box or line 383
that is adjacent to a similar statement on a printed form of a 384
declaration;
(ii) Placing his THE DECLARANT'S initials or signature 386
underneath or adjacent to the statement, check, or other mark 388
described in division (A)(3)(a)(i) of this section. 389
(b) Division (A)(3)(a) of this section does not apply, and 391
shall not be construed as applying, to the extent that a 392
declaration authorizes the withholding or withdrawal of 393
life-sustaining treatment when a declarant is in a terminal 394
condition. The provisions of division (E) of section 2133.12 of 395
the Revised Code pertaining to comfort care shall apply to a 396
declarant in a terminal condition. 397
(B)(1) If witnessed for purposes of division (A) of this 399
section, a declaration shall be witnessed by two individuals as 400
described in this division in whose presence the declarant, or 401
another individual at the direction of the declarant, signed the 402
declaration. The witnesses to a declaration shall be adults who 403
are not related to the declarant by blood, marriage, or adoption, 404
10
who are not the attending physician of the declarant, and who are 405
not the administrator of any nursing home in which the declarant 406
is receiving care. Each witness shall subscribe his THE WITNESS' 408
signature on the declaration and, by doing so, attest to his THE 409
WITNESS' belief that the declarant appears to be of sound mind 411
and not under or subject to duress, fraud, or undue influence. 412
(2) If acknowledged for purposes of division (A) of this 414
section, a declaration shall be acknowledged before a notary 415
public, who shall make the certification described in section 416
147.53 of the Revised Code and also shall attest that the 417
declarant appears to be of sound mind and not under or subject to 418
duress, fraud, or undue influence. 419
(C) An attending physician, or other health care personnel 421
acting under the direction of an attending physician, who is 422
furnished a copy of a declaration shall make it a part of the 423
declarant's medical record and, when section 2133.05 of the 424
Revised Code is applicable, also shall comply with that section. 425
(D)(1) Subject to division (D)(2) of this section, an 427
attending physician of a declarant or a health care facility in 428
which a declarant is confined may refuse to comply or allow 429
compliance with the declarant's declaration on the basis of a 430
matter of conscience or on another basis. An employee or agent 431
of an attending physician of a declarant or of a health care 432
facility in which a declarant is confined may refuse to comply 433
with the declarant's declaration on the basis of a matter of 434
conscience. 435
(2) If an attending physician of a declarant or a health 437
care facility in which a declarant is confined is not willing or 438
not able to comply or allow compliance with the declarant's 439
declaration, the physician or facility promptly shall so advise 440
the declarant and comply with the provisions of section 2133.10 441
of the Revised Code, or, if the declaration has become operative 442
as described in division (A) of section 2133.03 of the Revised 443
Code, shall comply with the provisions of section 2133.10 of the 444
11
Revised Code. 445
(E) AS USED IN THIS SECTION, "CPR" HAS THE SAME MEANING AS 448
IN SECTION 2133.21 OF THE REVISED CODE.
Sec. 2133.03. (A)(1) A declaration becomes operative when 457
it is communicated to the attending physician of the declarant, 458
the attending physician and one other physician who examines the 459
declarant determine that the declarant is in a terminal condition 460
or in a permanently unconscious state, whichever is addressed in 461
the declaration, the applicable requirements of divisions (A)(2) 462
and (3) of this section are satisfied, and the attending 463
physician determines that the declarant no longer is able to make 464
informed decisions regarding the administration of 465
life-sustaining treatment. When the declaration becomes 466
operative, the attending physician and health care facilities 467
shall act in accordance with its provisions or comply with the 468
provisions of section 2133.10 of the Revised Code. 469
(2) In order for a declaration to become operative in 471
connection with a declarant who is in a permanently unconscious 472
state, the consulting physician associated with the determination 473
that the declarant is in the permanently unconscious state shall 474
be a physician who, by virtue of advanced education or training, 475
of a practice limited to particular diseases, illnesses, 476
injuries, therapies, or branches of medicine or surgery or 477
osteopathic medicine and surgery, of certification as a 478
specialist in a particular branch of medicine or surgery or 479
osteopathic medicine and surgery, or of experience acquired in 480
the practice of medicine or surgery or osteopathic medicine and 481
surgery, is qualified to determine whether the declarant is in a 482
permanently unconscious state. 483
(3) In order for a declaration to become operative in 485
connection with a declarant who is in a terminal condition or in 486
a permanently unconscious state, the attending physician of the 487
declarant shall determine, in good faith, to a reasonable degree 488
of medical certainty, and in accordance with reasonable medical 489
12
standards, that there is no reasonable possibility that the 490
declarant will regain the capacity to make informed decisions 491
regarding the administration of life-sustaining treatment. 492
(B)(1)(a) A declaration supersedes any general consent to 494
treatment form signed by or on behalf of the declarant prior to, 495
upon, or after his THE DECLARANT'S admission to a health care 496
facility to the extent there is a conflict between the 498
declaration and the form, even if the form is signed after the 499
execution of the declaration. To the extent that the provisions 500
of a declaration and a general consent to treatment form do not 501
conflict, both documents shall govern the use or continuation, or 502
the withholding or withdrawal, of life-sustaining treatment and 503
other medical or nursing procedures, treatments, interventions, 504
or other measures in connection with the declarant. This 505
division DIVISION (B)(1)(a) OF THIS SECTION does not apply if a 507
declaration is revoked pursuant to section 2133.04 of the Revised 508
Code after the signing of a general consent to treatment form. 509
(b) A DECLARATION SUPERSEDES A DNR IDENTIFICATION, AS 511
DEFINED IN SECTION 2133.21 OF THE REVISED CODE, OF THE DECLARANT 513
THAT IS BASED UPON A PRIOR, INCONSISTENT DECLARATION OF THE 515
DECLARANT OR THAT IS BASED UPON A DO-NOT-RESUSCITATE ORDER, AS 516
DEFINED IN SECTION 2133.21 OF THE REVISED CODE, THAT A PHYSICIAN
HAS ISSUED FOR THE DECLARANT AND THAT IS INCONSISTENT WITH THE 518
DECLARATION.
(2) If a declarant has both a valid durable power of 520
attorney for health care and a valid declaration, the declaration 521
supersedes the durable power of attorney for health care to the 522
extent that the provisions of the documents would conflict if the 523
declarant should be in a terminal condition or in a permanently 524
unconscious state. This division DIVISION (B)(2) OF THIS SECTION 526
does not apply if the declarant revokes his THE declaration 527
pursuant to section 2133.04 of the Revised Code. 528
Sec. 2133.07. A printed form of a declaration may be sold 537
or otherwise distributed in this state for use by adults who are 538
13
not advised by an attorney. By use of such a printed form OF 539
THAT NATURE, a declarant may authorize the use or continuation, 541
or the withholding or withdrawal, of life-sustaining treatment 542
should he THE DECLARANT be in a terminal condition, a permanently 544
unconscious state, or either a terminal condition or a 545
permanently unconscious state, may authorize the withholding or 546
withdrawal of nutrition or hydration should he THE DECLARANT be 547
in a permanently unconscious state as described in division 549
(A)(3)(a) of section 2133.02 of the Revised Code, and may 550
designate one or more persons who are to be notified by his THE 551
DECLARANT'S attending physician at any time that life-sustaining 553
treatment would be withheld or withdrawn pursuant to the 554
declaration. The printed form shall not be used as an instrument 555
for granting any other type of authority or for making any other 556
type of designation, EXCEPT THAT THE PRINTED FORM MAY BE USED AS 557
A DNR IDENTIFICATION IF THE DECLARANT SPECIFIES ON THE FORM THAT 558
THE DECLARANT WISHES TO USE IT AS A DNR IDENTIFICATION.
AS USED IN THIS SECTION, "DNR IDENTIFICATION" HAS THE SAME 560
MEANING AS IN SECTION 2133.21 OF THE REVISED CODE. 561
Sec. 2133.10. (A) An attending physician who, or a health 570
care facility in which a qualified patient or other patient is 571
confined that, is not willing or IS not able to comply or allow 572
compliance with a declaration of a qualified patient, with a 573
consent given in accordance with section 2133.08 or 2133.09 of 574
the Revised Code, with any probate court order issued pursuant to 575
section 2133.05, 2133.08, or 2133.09 of the Revised Code, or with 576
any other applicable provision of this chapter SECTIONS 2133.01 577
TO 2133.15 OF THE REVISED CODE shall not prevent or attempt to 579
prevent, or unreasonably delay or attempt to unreasonably delay, 580
the transfer of the qualified patient or other patient to the 581
care of a physician who, or a health care facility that, is 582
willing and able to so comply or allow compliance. 583
(B) If a declaration provides for the use or continuation 585
of life-sustaining treatment should its declarant subsequently be 586
14
in a terminal condition or in a permanently unconscious state, if 587
a consent decision of a priority individual or class of 588
individuals under section 2133.08 of the Revised Code is to use 589
or continue life-sustaining treatment in connection with a 590
patient described in that section, or if a probate court issues a 591
reevaluation order pursuant to section 2133.05 or 2133.08 of the 592
Revised Code that is intended to result in the use or 593
continuation of life-sustaining treatment in connection with a 594
qualified patient or other patient, then the attending physician 595
of the qualified patient or other patient who, or health care 596
facility in which the qualified patient or other patient is 597
confined that, is not willing or IS not able to comply or allow 598
compliance with the declaration, consent decision, or 599
reevaluation order shall use or continue the life-sustaining 600
treatment or cause it to be used or continued until a transfer as 601
described in division (A) of this section is made. 602
Sec. 2133.12. (A) The death of a qualified patient or 611
other patient resulting from the withholding or withdrawal of 612
life-sustaining treatment in accordance with this chapter 613
SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE does not 614
constitute FOR ANY PURPOSE a suicide, aggravated murder, murder, 615
or any other homicide offense for any purpose. 616
(B)(1) The execution of a declaration shall not do either 618
of the following: 619
(a) Affect the sale, procurement, issuance, or renewal of 621
any policy of life insurance or annuity, notwithstanding any term 622
of a policy or annuity to the contrary; 623
(b) Be deemed to modify or invalidate the terms of any 625
policy of life insurance or annuity that is in effect on October 626
10, 1991. 627
(2) Notwithstanding any term of a policy of life insurance 629
or annuity to the contrary, the withholding or withdrawal of 630
life-sustaining treatment from an insured, qualified patient or 631
other patient in accordance with this chapter SECTIONS 2133.01 TO 632
15
2133.15 OF THE REVISED CODE shall not impair or invalidate any 634
policy of life insurance or annuity.
(3) Notwithstanding any term of a policy or plan to the 636
contrary, the use or continuation, or the withholding or 637
withdrawal, of life-sustaining treatment from an insured, 638
qualified patient or other patient in accordance with this 639
chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE shall not 640
impair or invalidate any policy of health insurance or any health 642
care benefit plan.
(4) No physician, health care facility, other health care 644
provider, person authorized to engage in the business of 645
insurance in this state under Title XXXIX of the Revised Code, 646
health insuring corporation, other health care plan, legal 648
entity that is self-insured and provides benefits to its 649
employees or members, or other person shall require any 650
individual to execute or refrain from executing a declaration, or 651
shall require an individual to revoke or refrain from revoking a 652
declaration, as a condition of being insured or of receiving 653
health care benefits or services. 654
(C)(1) This chapter does SECTIONS 2133.01 TO 2133.15 OF 656
THE REVISED CODE DO not create any presumption concerning the 658
intention of an individual who has revoked or has not executed a 659
declaration with respect to the use or continuation, or the 660
withholding or withdrawal, of life-sustaining treatment if the 661
individual should be in a terminal condition or in a permanently 663
unconscious state at any time.
(2) This chapter does SECTIONS 2133.01 TO 2133.15 OF THE 665
REVISED CODE DO not affect the right of a qualified patient or 667
other patient to make informed decisions regarding the use or 668
continuation, or the withholding or withdrawal, of
life-sustaining treatment as long as the qualified patient or 669
other patient is able to make those decisions. 670
(3) This chapter does SECTIONS 2133.01 TO 2133.15 OF THE 672
REVISED CODE DO not require a physician, other health care 674
16
personnel, or a health care facility to take action that is 675
contrary to reasonable medical standards.
(4) This chapter SECTIONS 2133.01 TO 2133.15 OF THE 677
REVISED CODE and, if applicable, a declaration do not affect or 679
limit the authority of a physician or a health care facility to 680
provide or not to provide life-sustaining treatment to a person 681
in accordance with reasonable medical standards applicable in an 682
emergency situation.
(D) Nothing in this chapter SECTIONS 2133.01 TO 2133.15 OF 684
THE REVISED CODE condones, authorizes, or approves of mercy 686
killing, assisted suicide, or euthanasia.
(E)(1) This chapter does SECTIONS 2133.01 TO 2133.15 OF 688
THE REVISED CODE DO not affect the responsibility of the 690
attending physician of a qualified patient or other patient, or 691
other health care personnel acting under the direction of the
patient's attending physician, to provide comfort care to the 692
patient. Nothing in this chapter SECTIONS 2133.01 TO 2133.15 OF 694
THE REVISED CODE precludes the attending physician of a qualified 695
patient or other patient who carries out the responsibility to 696
provide comfort care to the patient in good faith and while 697
acting within the scope of the attending physician's authority 698
from prescribing, dispensing, administering, or causing to be 699
administered any particular medical procedure, treatment, 700
intervention, or other measure to the patient, including, but not 701
limited to, prescribing, dispensing, administering, or causing to 702
be administered by judicious titration or in another manner any 703
form of medication, for the purpose of diminishing the qualified 704
patient's or other patient's pain or discomfort and not for the 705
purpose of postponing or causing the qualified patient's or other 706
patient's death, even though the medical procedure, treatment, 708
intervention, or other measure may appear to hasten or increase 709
the risk of the patient's death. Nothing in this chapter 710
SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE precludes health 711
care personnel acting under the direction of the patient's 713
17
attending physician who carry out the responsibility to provide 714
comfort care to the patient in good faith and while acting within 715
the scope of their authority from dispensing, administering, or 716
causing to be administered any particular medical procedure, 717
treatment, intervention, or other measure to the patient, 718
including, but not limited to, dispensing, administering, or 719
causing to be administered by judicious titration or in another 720
manner any form of medication, for the purpose of diminishing the 721
qualified patient's or other patient's pain or discomfort and not 723
for the purpose of postponing or causing the qualified patient's 724
or other patient's death, even though the medical procedure, 726
treatment, intervention, or other measure may appear to hasten or 727
increase the risk of the patient's death.
(2)(a) If, at any time, a person described in division 729
(A)(2)(a)(i) of section 2133.05 of the Revised Code or the 730
individual or a majority of the individuals in either of the 731
first two classes of individuals that pertain to a declarant in 732
the descending order of priority set forth in division 733
(A)(2)(a)(ii) of section 2133.05 of the Revised Code believes in 734
good faith that both of the following circumstances apply, the 735
person or the individual or majority of individuals in either of 736
the first two classes of individuals may commence an action in 737
the probate court of the county in which a declarant who is in a 738
terminal condition or permanently unconscious state is located 739
for the issuance of an order mandating the use or continuation of 740
comfort care in connection with the declarant in a manner that is 741
consistent with division (E)(1) of this section: 742
(i) Comfort care is not being used or continued in 744
connection with the declarant. 745
(ii) The withholding or withdrawal of the comfort care is 747
contrary to division (E)(1) of this section. 748
(b) If a declarant did not designate in the declarant's 750
declaration a person as described in division (A)(2)(a)(i) of 752
section 2133.05 of the Revised Code and if, at any time, a 753
18
priority individual or any member of a priority class of 754
individuals under division (A)(2)(a)(ii) of section 2133.05 of 755
the Revised Code or, at any time, the individual or a majority of 756
the individuals in the next class of individuals that pertains to 757
the declarant in the descending order of priority set forth in 758
that division believes in good faith that both of the following 759
circumstances apply, the priority individual, the member of the 760
priority class of individuals, or the individual or majority of 761
individuals in the next class of individuals that pertains to the 762
declarant may commence an action in the probate court of the 763
county in which a declarant who is in a terminal condition or 764
permanently unconscious state is located for the issuance of an 765
order mandating the use or continuation of comfort care in 766
connection with the declarant in a manner that is consistent with 767
division (E)(1) of this section: 768
(i) Comfort care is not being used or continued in 770
connection with the declarant. 771
(ii) The withholding or withdrawal of the comfort care is 773
contrary to division (E)(1) of this section. 774
(c) If, at any time, a priority individual or any member 776
of a priority class of individuals under division (B) of section 777
2133.08 of the Revised Code or, at any time, the individual or a 778
majority of the individuals in the next class of individuals that 779
pertains to the patient in the descending order of priority set 780
forth in that division believes in good faith that both of the 781
following circumstances apply, the priority individual, the 782
member of the priority class of individuals, or the individual or 783
majority of individuals in the next class of individuals that 784
pertains to the patient may commence an action in the probate 785
court of the county in which a patient as described in division 786
(A) of section 2133.08 of the Revised Code is located for the 787
issuance of an order mandating the use or continuation of comfort 788
care in connection with the patient in a manner that is 789
consistent with division (E)(1) of this section: 790
19
(i) Comfort care is not being used or continued in 792
connection with the patient. 793
(ii) The withholding or withdrawal of the comfort care is 795
contrary to division (E)(1) of this section. 796
Sec. 2133.13. In the absence of actual knowledge to the 805
contrary and if acting in good faith, an attending or consulting 806
physician, other health care personnel, and health care 807
facilities may assume that a declaration complies with this 808
chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE and is
valid.
Sec. 2133.14. A declaration executed under the law of 817
another state in compliance with that law or in substantial 818
compliance with this chapter SECTIONS 2133.01 TO 2133.15 OF THE 819
REVISED CODE shall be considered to be valid for purposes of this 820
chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE.
Sec. 2133.15. (A) This chapter shall SECTIONS 2133.01 TO 829
2133.15 OF THE REVISED CODE apply to any written document that 831
was executed anywhere prior to the effective date of this section 832
OCTOBER 10, 1991, that voluntarily was so executed by an adult 834
who was of sound mind, that was signed by the adult or by another 835
individual at the direction of the adult, that was or was not 836
witnessed or acknowledged before a notary public as described in 837
division (B) of section 2133.02 of the Revised Code, and that 838
specifies the adult's intention with respect to the use or 839
continuation, or the withholding or withdrawal, of 840
life-sustaining treatment if he THE ADULT is at any time in a 842
terminal condition, in a permanently unconscious state, or in
either a terminal condition or a permanently unconscious state, 843
if he THE ADULT is at that time no longer able to make informed 844
decisions regarding the administration of life-sustaining 846
treatment, and if at that time there is no reasonable possibility 847
that he THE ADULT will regain the capacity to make those informed 849
decisions. The document shall be considered to be a declaration, 850
shall be given effect as if it had been executed on or after the 851
20
effective date of this section OCTOBER 10, 1991, in accordance 852
with this chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED 853
CODE, and, except as otherwise provided in division (B) of this 855
section, shall be subject to all provisions of this chapter
SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE pertaining to 856
declarations.
(B)(1) If a declaration as described in division (A) of 858
this section does not state that, or does not contain a checked 859
or marked box or line adjacent to a statement indicating that, 860
the declarant authorizes his THE DECLARANT'S attending physician 861
to withhold or withdraw nutrition or hydration when he THE 863
DECLARANT is in a permanently unconscious state and when his THE 864
DECLARANT'S attending physician and at least one other physician 866
who has examined him THE DECLARANT determine, to a reasonable 868
degree of medical certainty and in accordance with reasonable 869
medical standards, that nutrition or hydration will not or no 870
longer will serve to provide comfort to him THE DECLARANT or 871
alleviate his THE DECLARANT'S pain, then, if the declaration 872
becomes operative under section 2133.03 of the Revised Code 873
because the declarant is in a permanently unconscious state, the 874
attending physician of the declarant shall apply to the probate 875
court of the county in which the declarant is located for the 876
issuance of an order whether or not the attending physician is 877
required to provide the declarant with nutrition and hydration 878
for as long as the declarant is in the permanently unconscious 879
state. Upon the filing of the application, the clerk of the 880
probate court shall schedule a hearing on it and cause a copy of 881
it and a notice of the hearing to be served in accordance with 882
the Rules of Civil Procedure upon the attending physician and the 883
individuals described in divisions (B)(1) to (5) of section 884
2133.08 of the Revised Code, which service shall be made, if 885
possible, within three days after the filing of the application. 886
The hearing shall be conducted at the earliest possible time, but 887
no sooner than the thirtieth business day, and no later than the 888
21
sixtieth business day, after such THAT service has been 889
completed.
(2) At the hearing, the attending physician and any 891
individual described in divisions (B)(1) to (5) of section 892
2133.08 of the Revised Code shall be permitted to testify and 893
present evidence relative to the use or continuation, or the 894
withholding or withdrawal, of nutrition and hydration for as long 895
as the declarant is in the permanently unconscious state. 896
Immediately following the hearing, the court shall enter on its 897
journal its determination, based on the evidence presented by all 898
of the parties at the hearing on the application and subject to 899
division (B)(3) of this section, whether or not the attending 900
physician is required to provide the declarant with nutrition and 901
hydration for as long as he THE DECLARANT is in the permanently 902
unconscious state. 903
(3) The court shall issue an order that authorizes the 905
declarant's attending physician to commence the withholding or 906
withdrawal of nutrition and hydration in connection with the 907
delarant DECLARANT only if the applicant establishes, by clear 908
and convincing evidence, that the order would be consistent with 909
one of the following: 910
(a) The declarant's previously expressed intention with 912
respect to the use or continuation, or the withholding or 913
withdrawal, of nutrition and hydration should he THE DECLARANT 914
subsequently be in a permanently unconscious state and no longer 916
able to make informed decisions regarding the administration of 917
nutrition and hydration; 918
(b) In the absence of such a previously expressed 920
intention OF THAT NATURE, the type of informed consent decision 921
that the declarant would have made if he THE DECLARANT had 923
expressed his THE DECLARANT'S intention with respect to the use 925
or continuation, or the withholding or withdrawal, of nutrition 926
and hydration should he THE DECLARANT subsequently be in a 928
permanently unconscious state and no longer able to make informed 929
22
decisions regarding the administration of nutrition and
hydration, as inferred from the lifestyle and character of the 930
declarant, and from any other evidence of the declarant's 931
desires, prior to his THE DECLARANT becoming no longer able to 932
make informed decisions regarding the administration of nutrition 934
and hydration. The Rules of Evidence shall not be binding for 935
purposes of this division. 936
(4) Notwithstanding any contrary provision of the Revised 938
Code or of the Rules of Civil Procedure, the state and persons 939
other than individuals described in divisions (B)(1) to (5) of 940
section 2133.08 of the Revised Code and other than the attending 941
physician of the declarant are prohibited from filing an 942
application under this division (B) OF THIS SECTION and from 944
joining or being joined as parties to a hearing conducted under 945
this division (B) OF THIS SECTION, including joining by way of 946
intervention.
Sec. 2133.21. AS USED IN SECTIONS 2133.21 TO 2133.26 OF 948
THE REVISED CODE, UNLESS THE CONTEST CLEARLY REQUIRES OTHERWISE: 951
(A) "ATTENDING PHYSICIAN" MEANS THE PHYSICIAN TO WHOM A 954
PERSON, OR THE FAMILY OF A PERSON, HAS ASSIGNED PRIMARY 955
RESPONSIBILITY FOR THE TREATMENT OR CARE OF THE PERSON OR, IF THE 956
PERSON OR THE PERSON'S FAMILY HAS NOT ASSIGNED THAT 957
RESPONSIBILITY, THE PHYSICIAN WHO HAS ACCEPTED THAT 958
RESPONSIBILITY.
(B) "DECLARATION," "HEALTH CARE FACILITY," 960
"LIFE-SUSTAINING TREATMENT," "PHYSICIAN," "PROFESSIONAL 961
DISCIPLINARY ACTION," AND "TORT ACTION" HAVE THE SAME MEANINGS AS 962
IN SECTION 2133.01 OF THE REVISED CODE.
(C) "DNR IDENTIFICATION" MEANS A STANDARDIZED 965
IDENTIFICATION CARD, FORM, NECKLACE, OR BRACELET THAT IS OF
UNIFORM SIZE AND DESIGN, THAT HAS BEEN APPROVED BY THE DEPARTMENT 967
OF HEALTH PURSUANT TO SECTION 2133.25 OF THE REVISED CODE, AND 969
THAT SIGNIFIES EITHER OF THE FOLLOWING: 970
(1) THAT THE PERSON WHO IS NAMED ON AND POSSESSES THE 972
23
CARD, FORM, NECKLACE, OR BRACELET HAS EXECUTED A DECLARATION THAT 974
AUTHORIZES THE WITHHOLDING OR WITHDRAWAL OF CPR AND THAT HAS NOT 975
BEEN REVOKED PURSUANT TO SECTION 2133.04 OF THE REVISED CODE; 976
(2) THAT THE ATTENDING PHYSICIAN OF THE PERSON WHO IS 978
NAMED ON AND POSSESSES THE CARD, FORM, NECKLACE, OR BRACELET HAS 979
ISSUED A CURRENT DO-NOT-RESUSCITATE ORDER, IN ACCORDANCE WITH THE 980
DO-NOT-RESUSCITATE PROTOCOL ADOPTED BY THE DEPARTMENT OF HEALTH 981
PURSUANT TO SECTION 2133.25 OF THE REVISED CODE, FOR THAT PERSON 982
AND HAS DOCUMENTED THE GROUNDS FOR THE ORDER IN THAT PERSON'S 983
MEDICAL FILE.
(D) "DO-NOT-RESUSCITATE ORDER" MEANS A DIRECTIVE ISSUED BY 985
A PHYSICIAN THAT IDENTIFIES A PERSON AND SPECIFIES THAT CPR 987
SHOULD NOT BE ADMINISTERED TO THE PERSON SO IDENTIFIED. 988
(E) "DO-NOT-RESUSCITATE PROTOCOL" MEANS A STANDARDIZED 991
METHOD OF PROCEDURE FOR THE WITHHOLDING OF CPR BY PHYSICIANS, 992
EMERGENCY MEDICAL SERVICE PERSONNEL, AND HEALTH CARE FACILITIES 993
THAT IS ADOPTED IN THE RULES OF THE DEPARTMENT OF HEALTH PURSUANT 995
TO SECTION 2133.25 OF THE REVISED CODE. 996
(F) "EMERGENCY MEDICAL SERVICES PERSONNEL" MEANS PAID OR 999
VOLUNTEER FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, FIRST 1,000
RESPONDERS, EMERGENCY MEDICAL TECHNICIANS-BASIC, EMERGENCY 1,001
MEDICAL TECHNICIANS-INTERMEDIATE, EMERGENCY MEDICAL 1,002
TECHNICIANS-PARAMEDIC, MEDICAL TECHNICIANS, OR OTHER EMERGENCY 1,003
SERVICES PERSONNEL ACTING WITHIN THE ORDINARY COURSE OF THEIR 1,004
PROFESSION.
(G) "CPR" MEANS CARDIOPULMONARY RESUSCITATION OR A 1,006
COMPONENT OF CARDIOPULMONARY RESUSCITATION, BUT IT DOES NOT 1,007
INCLUDE CLEARING A PERSON'S AIRWAY FOR A PURPOSE OTHER THAN AS A 1,008
COMPONENT OF CPR.
Sec. 2133.211. A PERSON WHO HOLDS A CERTIFICATE OF 1,010
AUTHORITY TO PRACTICE AS A CERTIFIED NURSE PRACTITIONER OR 1,011
CLINICAL NURSE SPECIALIST ISSUED UNDER SECTION 4723.42 OF THE 1,012
REVISED CODE MAY TAKE ANY ACTION THAT MAY BE TAKEN BY AN 1,013
ATTENDING PHYSICIAN UNDER SECTIONS 2133.21 TO 2133.26 OF THE 1,014
24
REVISED CODE AND HAS THE IMMUNITY PROVIDED BY SECTION 2133.22 OF 1,015
THE REVISED CODE IF THE ACTION IS TAKEN PURSUANT TO A STANDARD 1,016
CARE ARRANGEMENT WITH A COLLABORATING PHYSICIAN.
Sec. 2133.22. (A)(1) NONE OF THE FOLLOWING ARE SUBJECT TO 1,018
CRIMINAL PROSECUTION, TO LIABILITY IN DAMAGES IN A TORT OR OTHER 1,020
CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY, OR 1,021
TO PROFESSIONAL DISCIPLINARY ACTION ARISING OUT OF OR RELATING TO 1,022
THE WITHHOLDING OR WITHDRAWAL OF CPR FROM A PERSON AFTER DNR 1,024
IDENTIFICATION IS DISCOVERED IN THE PERSON'S POSSESSION AND 1,026
REASONABLE EFFORTS HAVE BEEN MADE TO DETERMINE THAT THE PERSON IN
POSSESSION OF THE DNR IDENTIFICATION IS THE PERSON NAMED ON THE 1,027
DNR IDENTIFICATION: 1,028
(a) A PHYSICIAN WHO CAUSES THE WITHHOLDING OR WITHDRAWAL 1,030
OF CPR FROM THE PERSON POSSESSING THE DNR IDENTIFICATION; 1,032
(b) A PERSON WHO PARTICIPATES UNDER THE DIRECTION OF OR 1,035
WITH THE AUTHORIZATION OF A PHYSICIAN IN THE WITHHOLDING OR 1,036
WITHDRAWAL OF CPR FROM THE PERSON POSSESSING THE DNR 1,037
IDENTIFICATION;
(c) ANY EMERGENCY MEDICAL SERVICES PERSONNEL WHO CAUSE OR 1,039
PARTICIPATE IN THE WITHHOLDING OR WITHDRAWAL OF CPR FROM THE 1,040
PERSON POSSESSING THE DNR IDENTIFICATION. 1,041
(2) NONE OF THE FOLLOWING ARE SUBJECT TO CRIMINAL 1,043
PROSECUTION, TO LIABILITY IN DAMAGES IN A TORT OR OTHER CIVIL 1,044
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY, OR TO 1,045
PROFESSIONAL DISCIPLINARY ACTION ARISING OUT OF OR RELATING TO 1,046
THE WITHHOLDING OR WITHDRAWAL OF CPR FROM A PERSON IN A HEALTH 1,048
CARE FACILITY AFTER DNR IDENTIFICATION IS DISCOVERED IN THE 1,049
PERSON'S POSSESSION AND REASONABLE EFFORTS HAVE BEEN MADE TO 1,050
DETERMINE THAT THE PERSON IN POSSESSION OF THE DNR IDENTIFICATION 1,051
IS THE PERSON NAMED ON THE DNR IDENTIFICATION OR A 1,053
DO-NOT-RESUSCITATE ORDER IS ISSUED FOR THE PERSON:
(a) THE HEALTH CARE FACILITY OR THE ADMINISTRATOR OF THE 1,055
HEALTH CARE FACILITY; 1,056
(b) A PHYSICIAN WHO CAUSES THE WITHHOLDING OR WITHDRAWAL 1,059
25
OF CPR FROM THE PERSON POSSESSING THE DNR IDENTIFICATION OR FOR 1,061
WHOM THE DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED; 1,062
(c) ANY PERSON WHO WORKS FOR THE HEALTH CARE FACILITY AS 1,065
AN EMPLOYEE, CONTRACTOR, OR VOLUNTEER AND WHO PARTICIPATES UNDER 1,066
THE DIRECTION OF OR WITH THE AUTHORIZATION OF A PHYSICIAN IN THE 1,067
WITHHOLDING OR WITHDRAWAL OF CPR FROM THE PERSON POSSESSING THE 1,069
DNR IDENTIFICATION;
(d) ANY PERSON WHO WORKS FOR THE HEALTH CARE FACILITY AS 1,072
AN EMPLOYEE, CONTRACTOR, OR VOLUNTEER AND WHO PARTICIPATES UNDER 1,073
THE DIRECTION OF OR WITH THE AUTHORIZATION OF A PHYSICIAN IN THE 1,074
WITHHOLDING OR WITHDRAWAL OF CPR FROM THE PERSON FOR WHOM THE 1,076
DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED.
(3) IF, AFTER DNR IDENTIFICATION IS DISCOVERED IN THE 1,078
POSSESSION OF A PERSON, THE PERSON MAKES AN ORAL OR WRITTEN 1,079
REQUEST TO RECEIVE CPR, ANY PERSON WHO PROVIDES CPR PURSUANT TO 1,080
THE REQUEST, ANY HEALTH CARE FACILITY IN WHICH CPR IS PROVIDED, 1,082
AND THE ADMINISTRATOR OF ANY HEALTH CARE FACILITY IN WHICH CPR IS 1,083
PROVIDED ARE NOT SUBJECT TO CRIMINAL PROSECUTION AS A RESULT OF 1,084
THE PROVISION OF THE CPR, ARE NOT LIABLE IN DAMAGES IN A TORT OR 1,085
OTHER CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR 1,086
PROPERTY THAT ARISES OUT OF OR IS RELATED TO THE PROVISION OF THE 1,087
CPR, AND ARE NOT SUBJECT TO PROFESSIONAL DISCIPLINARY ACTION AS A 1,088
RESULT OF THE PROVISION OF THE CPR. 1,089
(B) DIVISIONS (A)(1), (A)(2), AND (C) OF THIS SECTION DO 1,093
NOT APPLY WHEN CPR IS WITHHELD OR WITHDRAWN FROM A PERSON WHO
POSSESSES DNR IDENTIFICATION OR FOR WHOM A DO-NOT-RESUSCITATE 1,094
ORDER HAS BEEN ISSUED UNLESS THE WITHHOLDING OR WITHDRAWAL IS IN 1,095
ACCORDANCE WITH THE DO-NOT-RESUSCITATE PROTOCOL. 1,096
(C) ANY EMERGENCY MEDICAL SERVICES PERSONNEL WHO COMPLY 1,098
WITH A DO-NOT-RESUSCITATE ORDER ISSUED BY A LICENSED PHYSICIAN 1,100
AND ANY INDIVIDUALS WHO WORK FOR A HEALTH CARE FACILITY AS 1,101
EMPLOYEES, CONTRACTORS, OR VOLUNTEERS AND WHO COMPLY WITH A
DO-NOT-RESUSCITATE ORDER ISSUED BY A LICENSED PHYSICIAN ARE NOT 1,102
SUBJECT TO LIABILITY IN DAMAGES IN A CIVIL ACTION FOR INJURY, 1,104
26
DEATH, OR LOSS TO PERSON OR PROPERTY THAT ARISES OUT OF OR IS 1,105
RELATED TO COMPLIANCE WITH THE ORDER, ARE NOT SUBJECT TO CRIMINAL 1,106
PROSECUTION AS A RESULT OF COMPLIANCE WITH THE ORDER, AND ARE NOT 1,107
SUBJECT TO PROFESSIONAL DISCIPLINARY ACTION AS A RESULT OF 1,108
COMPLIANCE WITH THE ORDER. 1,109
IN AN EMERGENCY SITUATION, EMERGENCY MEDICAL SERVICES 1,111
PERSONNEL AND EMERGENCY ROOM PERSONNEL ARE NOT REQUIRED TO SEARCH 1,112
A PERSON TO DETERMINE IF THE PERSON POSSESSES DNR IDENTIFICATION. 1,115
IF A PERSON POSSESSES DNR IDENTIFICATION, IF EMERGENCY MEDICAL 1,116
SERVICES PERSONNEL OR EMERGENCY ROOM PERSONNEL PROVIDE CPR TO THE 1,117
PERSON IN AN EMERGENCY SITUATION, AND IF, AT THAT TIME, THE 1,119
PERSONNEL DO NOT KNOW AND DO NOT HAVE REASONABLE CAUSE TO BELIEVE 1,120
THAT THE PERSON POSSESSES DNR IDENTIFICATION, THE EMERGENCY 1,122
MEDICAL SERVICES PERSONNEL AND EMERGENCY ROOM PERSONNEL ARE NOT
SUBJECT TO CRIMINAL PROSECUTION AS A RESULT OF THE PROVISION OF 1,124
THE CPR, ARE NOT LIABLE IN DAMAGES IN A TORT OR OTHER CIVIL 1,125
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT 1,126
ARISES OUT OF OR IS RELATED TO THE PROVISION OF THE CPR, AND ARE 1,128
NOT SUBJECT TO PROFESSIONAL DISCIPLINARY ACTION AS A RESULT OF 1,129
THE PROVISION OF THE CPR.
(D) NOTHING IN SECTIONS 2133.21 TO 2133.26 OF THE REVISED 1,132
CODE OR THE DO-NOT-RESUSCITATE PROTOCOL GRANTS IMMUNITY TO A 1,133
PHYSICIAN FOR ISSUING A DO-NOT-RESUSCITATE ORDER THAT IS CONTRARY 1,135
TO REASONABLE MEDICAL STANDARDS OR THAT THE PHYSICIAN KNOWS OR 1,136
HAS REASON TO KNOW IS CONTRARY TO THE WISHES OF THE PATIENT OR OF 1,137
A PERSON WHO IS LAWFULLY AUTHORIZED TO MAKE INFORMED MEDICAL 1,138
DECISIONS ON THE PATIENT'S BEHALF.
Sec. 2133.23. (A) IF EMERGENCY MEDICAL SERVICES 1,141
PERSONNEL, OTHER THAN A PHYSICIAN, ARE PRESENTED WITH DNR 1,142
IDENTIFICATION POSSESSED BY A PERSON OR ARE PRESENTED WITH A 1,143
WRITTEN DO-NOT-RESUSCITATE ORDER FOR A PERSON OR IF A PHYSICIAN 1,144
DIRECTLY ISSUES TO EMERGENCY MEDICAL SERVICES PERSONNEL, OTHER 1,145
THAN A PHYSICIAN, AN ORAL DO-NOT-RESUSCITATE ORDER FOR A PERSON, 1,146
THE EMERGENCY MEDICAL SERVICES PERSONNEL SHALL COMPLY WITH THE 1,147
27
DO-NOT-RESUSCITATE PROTOCOL FOR THE PERSON. IF THE ORAL 1,148
DO-NOT-RESUSCITATE ORDER IS ISSUED BY A PHYSICIAN WHO IS NOT 1,150
PRESENT AT THE SCENE, THE EMERGENCY MEDICAL SERVICES PERSONNEL 1,151
SHALL VERIFY THE PHYSICIAN'S IDENTITY.
(B) IF A PERSON POSSESSES DNR IDENTIFICATION AND IF THE 1,153
PERSON'S ATTENDING PHYSICIAN OR THE HEALTH CARE FACILITY IN WHICH 1,155
THE PERSON IS LOCATED IS UNWILLING OR UNABLE TO COMPLY WITH THE 1,156
DO-NOT-RESUSCITATE PROTOCOL FOR THE PERSON, THE ATTENDING 1,157
PHYSICIAN OR THE HEALTH CARE FACILITY SHALL NOT PREVENT OR 1,158
ATTEMPT TO PREVENT, OR UNREASONABLY DELAY OR ATTEMPT TO DELAY, 1,159
THE TRANSFER OF THE PERSON TO A DIFFERENT PHYSICIAN WHO WILL 1,160
FOLLOW THE PROTOCOL OR TO A DIFFERENT HEALTH CARE FACILITY IN 1,161
WHICH THE PROTOCOL WILL BE FOLLOWED. 1,162
(C) IF A PERSON WHO POSSESSES DNR IDENTIFICATION OR FOR 1,166
WHOM A CURRENT DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED IS BEING 1,167
TRANSFERRED FROM ONE HEALTH CARE FACILITY TO ANOTHER, BEFORE OR 1,168
AT THE TIME OF THE TRANSFER, THE TRANSFERRING HEALTH CARE 1,169
FACILITY SHALL NOTIFY THE RECEIVING HEALTH CARE FACILITY AND THE 1,170
PERSONS TRANSPORTING THE PERSON OF THE EXISTENCE OF THE DNR 1,171
IDENTIFICATION OR THE ORDER. IF A CURRENT DO-NOT-RESUSCITATE
ORDER WAS ISSUED ORALLY, IT SHALL BE REDUCED TO WRITING BEFORE 1,172
THE TIME OF THE TRANSFER. THE DNR IDENTIFICATION OR THE ORDER 1,173
SHALL ACCOMPANY THE PERSON TO THE RECEIVING HEALTH CARE FACILITY 1,174
AND SHALL REMAIN IN EFFECT UNLESS IT IS REVOKED OR UNLESS, IN THE 1,175
CASE OF A DO-NOT-RESUSCITATE ORDER, THE ORDER NO LONGER IS 1,176
CURRENT. 1,177
Sec. 2133.24. (A) THE DEATH OF A PERSON RESULTING FROM 1,179
THE WITHHOLDING OR WITHDRAWAL OF CPR FOR THE PERSON PURSUANT TO 1,180
THE DO-NOT-RESUSCITATE PROTOCOL AND IN THE CIRCUMSTANCES 1,182
DESCRIBED IN SECTION 2133.22 OF THE REVISED CODE OR IN ACCORDANCE 1,183
WITH DIVISION (A) OF SECTION 2133.23 OF THE REVISED CODE DOES NOT 1,185
CONSTITUTE FOR ANY PURPOSE A SUICIDE, AGGRAVATED MURDER, MURDER, 1,186
OR ANY OTHER HOMICIDE. 1,187
(B)(1) IF A PERSON POSSESSES DNR IDENTIFICATION OR IF A 1,190
28
CURRENT DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED FOR A PERSON,
THE POSSESSION OR ORDER SHALL NOT DO EITHER OF THE FOLLOWING: 1,191
(a) AFFECT IN ANY MANNER THE SALE, PROCUREMENT, ISSUANCE, 1,194
OR RENEWAL OF A POLICY OF LIFE INSURANCE OR ANNUITY, 1,195
NOTWITHSTANDING ANY TERM OF A POLICY OR ANNUITY TO THE CONTRARY; 1,196
(b) BE DEEMED TO MODIFY IN ANY MANNER OR INVALIDATE THE 1,199
TERMS OF ANY POLICY OF LIFE INSURANCE OR ANNUITY THAT IS IN 1,200
EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.
(2) NOTWITHSTANDING ANY TERM OF A POLICY OF LIFE INSURANCE 1,203
OR ANNUITY TO THE CONTRARY, THE WITHHOLDING OR WITHDRAWAL OF CPR 1,204
FROM A PERSON WHO IS INSURED OR COVERED UNDER THE POLICY OR 1,205
ANNUITY AND WHO POSSESSES DNR IDENTIFICATION OR FOR WHOM A 1,206
CURRENT DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED, IN ACCORDANCE 1,207
WITH SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE, SHALL NOT 1,209
IMPAIR OR INVALIDATE ANY POLICY OF LIFE INSURANCE OR ANNUITY. 1,210
(3) NOTWITHSTANDING ANY TERM OF A POLICY OR PLAN TO THE 1,212
CONTRARY, NEITHER OF THE FOLLOWING SHALL IMPAIR OR INVALIDATE ANY 1,213
POLICY OF HEALTH INSURANCE OR ANY HEALTH CARE BENEFIT PLAN: 1,214
(a) THE WITHHOLDING OR WITHDRAWAL IN ACCORDANCE WITH 1,216
SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE OF CPR FROM A 1,217
PERSON WHO IS INSURED OR COVERED UNDER THE POLICY OR ANNUITY AND 1,219
WHO POSSESSES DNR IDENTIFICATION OR FOR WHOM A CURRENT 1,220
DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED; 1,221
(b) THE PROVISION IN ACCORDANCE WITH SECTIONS 2133.21 TO 1,223
2133.26 OF THE REVISED CODE OF CPR TO A PERSON OF THE NATURE 1,224
DESCRIBED IN DIVISION (B)(3)(a) OF THIS SECTION. 1,225
(4) NO PHYSICIAN, HEALTH CARE FACILITY, OTHER HEALTH CARE 1,228
PROVIDER, PERSON AUTHORIZED TO ENGAGE IN THE BUSINESS OF
INSURANCE IN THIS STATE UNDER TITLE XXXIX OF THE REVISED CODE, 1,230
HEALTH INSURING CORPORATION, OTHER HEALTH CARE PLAN, LEGAL ENTITY 1,232
THAT IS SELF-INSURED AND PROVIDES BENEFITS TO ITS EMPLOYEES OR 1,233
MEMBERS, OR OTHER PERSON SHALL REQUIRE AN INDIVIDUAL TO POSSESS 1,234
DNR IDENTIFICATION, OR SHALL REQUIRE AN INDIVIDUAL TO REVOKE OR 1,236
REFRAIN FROM POSSESSING DNR IDENTIFICATION, AS A CONDITION OF 1,238
29
BEING INSURED OR OF RECEIVING HEALTH CARE BENEFITS OR SERVICES. 1,239
(C)(1) SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE DO 1,242
NOT CREATE ANY PRESUMPTION CONCERNING THE INTENT OF AN INDIVIDUAL 1,243
WHO DOES NOT POSSESS DNR IDENTIFICATION WITH RESPECT TO THE USE, 1,246
WITHHOLDING, OR WITHDRAWAL OF CPR.
(2) SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE DO NOT 1,249
AFFECT THE RIGHT OF A PERSON TO MAKE INFORMED DECISIONS REGARDING 1,250
THE USE, WITHHOLDING, OR WITHDRAWAL OF CPR FOR THE PERSON AS LONG 1,252
AS THE PERSON IS ABLE TO MAKE THOSE DECISIONS.
(3) SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE ARE IN 1,255
ADDITION TO AND INDEPENDENT OF, AND DO NOT LIMIT, IMPAIR, OR 1,256
SUPERSEDE, ANY RIGHT OR RESPONSIBILITY THAT A PERSON HAS TO 1,257
EFFECT THE WITHHOLDING OR WITHDRAWAL OF LIFE-SUSTAINING TREATMENT 1,258
TO ANOTHER PURSUANT TO SECTIONS 2133.01 TO 2133.15 OF THE REVISED 1,260
CODE OR IN ANY OTHER LAWFUL MANNER.
(D) NOTHING IN SECTIONS 2133.21 TO 2133.26 OF THE REVISED 1,264
CODE CONDONES, AUTHORIZES, OR APPROVES OF MERCY KILLING, ASSISTED 1,265
SUICIDE, OR EUTHANASIA.
Sec. 2133.25. (A) THE DEPARTMENT OF HEALTH, BY RULE 1,268
ADOPTED PURSUANT TO CHAPTER 119. OF THE REVISED CODE, SHALL ADOPT 1,270
A STANDARDIZED METHOD OF PROCEDURE FOR THE WITHHOLDING OF CPR BY 1,271
PHYSICIANS, EMERGENCY MEDICAL SERVICES PERSONNEL, AND HEALTH CARE 1,272
FACILITITES IN ACCORDANCE WITH SECTIONS 2133.21 TO 2133.26 OF THE 1,273
REVISED CODE. THE STANDARDIZED METHOD SHALL SPECIFY CRITERIA FOR
DETERMINING WHEN A DO-NOT-RESUSCITATE ORDER ISSUED BY A PHYSICIAN 1,274
IS CURRENT. THE STANDARDIZED METHOD SO ADOPTED SHALL BE THE 1,275
"DO-NOT-RESUSCITATE PROTOCOL" FOR PURPOSES OF SECTIONS 2133.21 TO 1,276
2133.26 OF THE REVISED CODE. THE DEPARTMENT ALSO SHALL APPROVE 1,277
ONE OR MORE STANDARD FORMS OF DNR IDENTIFICATION TO BE USED 1,278
THROUGHOUT THIS STATE. 1,279
(B) THE DEPARTMENT OF HEALTH SHALL ADOPT RULES IN 1,281
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE 1,282
ADMINISTRATION OF SECTIONS 2133.21 TO 2133.26 OF THE REVISED 1,285
CODE.
30
(C) THE DEPARTMENT OF HEALTH SHALL APPOINT AN ADVISORY 1,287
COMMITTEE TO ADVISE THE DEPARTMENT IN THE DEVELOPMENT OF RULES 1,288
UNDER THIS SECTION. THE ADVISORY COMMITTEE SHALL INCLUDE, BUT 1,289
SHALL NOT BE LIMITED TO, REPRESENTATIVES OF EACH OF THE FOLLOWING 1,290
ORGANIZATIONS:
(1) THE ASSOCIATION FOR HOSPITALS AND HEALTH SYSTEMS 1,292
(OHA);
(2) THE OHIO STATE MEDICAL ASSOCIATION; 1,294
(3) THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF EMERGENCY 1,297
PHYSICIANS;
(4) THE OHIO HOSPICE ORGANIZATION; 1,299
(5) THE OHIO COUNCIL FOR HOME CARE; 1,301
(6) THE OHIO HEALTH CARE ASSOCIATION; 1,303
(7) THE OHIO AMBULANCE ASSOCIATION; 1,305
(8) THE OHIO MEDICAL DIRECTORS ASSOCIATION; 1,307
(9) THE OHIO ASSOCIATION OF EMERGENCY MEDICAL SERVICES; 1,309
(10) THE BIOETHICS NETWORK OF OHIO; 1,311
(11) THE OHIO NURSES ASSOCIATION; 1,313
(12) THE OHIO ACADEMY OF NURSING HOMES; 1,315
(13) THE OHIO ASSOCIATION 0F PROFESSIONAL FIREFIGHTERS; 1,317
(14) THE OHIO DEPARTMENT OF MENTAL RETARDATION AND 1,319
DEVELOPMENTAL DISABILITIES; 1,320
(15) THE OHIO OSTEOPATHIC ASSOCIATION; 1,322
(16) THE ASSOCIATION OF OHIO PHILANTHROPIC HOMES, HOUSING 1,324
AND SERVICES FOR THE AGING; 1,325
(17) THE CATHOLIC CONFERENCE OF OHIO. 1,327
Sec. 2133.26. (A)(1) NO PHYSICIAN SHALL WILLFULLY PREVENT 1,330
OR ATTEMPT TO PREVENT, OR DELAY OR UNREASONABLY ATTEMPT TO DELAY, 1,331
THE TRANSFER OF A PATIENT IN VIOLATION OF DIVISION (B) OF SECTION 1,332
2133.23 OF THE REVISED CODE. 1,333
(2) NO PERSON SHALL PURPOSELY CONCEAL, CANCEL, DEFACE, OR 1,335
OBLITERATE THE DNR IDENTIFICATION OF ANOTHER PERSON WITHOUT THE 1,336
CONSENT OF THE OTHER PERSON. 1,338
(3) NO PERSON SHALL FALSIFY OR FORGE A REVOCATION OF A 1,340
31
DECLARATION THAT IS THE BASIS OF THE DNR IDENTIFICATION OF 1,342
ANOTHER PERSON OR FALSIFY OR FORGE AN ORDER OF A PHYSICIAN THAT 1,343
PURPORTS TO SUPERSEDE A DO-NOT-RESUSCITATE ORDER ISSUED FOR 1,344
ANOTHER PERSON.
(4) NO PERSON SHALL FALSIFY OR FORGE THE DNR 1,347
IDENTIFICATION OF ANOTHER PERSON WITH THE INTENT TO CAUSE THE 1,348
USE, WITHHOLDING, OR WITHDRAWAL OF CPR FOR THE OTHER PERSON. 1,349
(5) NO PERSON WHO HAS PERSONAL KNOWLEDGE THAT ANOTHER 1,351
PERSON HAS REVOKED A DECLARATION THAT IS THE BASIS OF THE OTHER 1,353
PERSON'S DNR IDENTIFICATION OR PERSONAL KNOWLEDGE THAT A 1,354
PHYSICIAN HAS ISSUED AN ORDER THAT SUPERSEDES A 1,355
DO-NOT-RESUSCITATE ORDER THAT THE PHYSICIAN ISSUED FOR ANOTHER 1,356
PERSON SHALL PURPOSELY CONCEAL OR WITHHOLD THAT PERSONAL 1,357
KNOWLEDGE WITH THE INTENT TO CAUSE THE USE, WITHHOLDING, OR 1,358
WITHDRAWAL OF CPR FOR THE OTHER PERSON.
(B)(1) WHOEVER VIOLATES DIVISION (A)(1) OR (5) OF THIS 1,361
SECTION IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE. 1,362
(2) WHOEVER VIOLATES DIVISION (A)(2), (3), OR (4) OF THIS 1,364
SECTION IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 1,365
Sec. 4506.07. (A) Every application for a commercial 1,374
driver's license, restricted commercial driver's license, or a 1,375
commercial driver's temporary instruction permit, or a duplicate 1,376
of such a license, shall be made upon a form approved and 1,377
furnished by the registrar of motor vehicles. Except as provided 1,378
in section 4506.24 of the Revised Code in regard to a restricted 1,379
commercial driver's license, the application shall be signed by 1,380
the applicant and shall contain the following information: 1,381
(1) The APPLICANT'S name, date of birth, social security 1,383
account number, sex, general description including height, 1,384
weight, and color of hair and eyes, current residence, duration 1,385
of residence in this state, country of citizenship, and 1,386
occupation;
(2) Whether the applicant previously has been licensed to 1,388
operate a commercial motor vehicle or any other type of motor 1,389
32
vehicle in another state or a foreign jurisdiction and, if so, 1,390
when, by what state, and whether the license or driving 1,391
privileges currently are suspended or revoked in any 1,392
jurisdiction, or the applicant otherwise has been disqualified 1,393
from operating a commercial motor vehicle, or is subject to an 1,394
out-of-service order issued under this chapter or any similar law 1,395
of another state or a foreign jurisdiction and, if so, the date 1,396
of, locations involved, and reason for the suspension, 1,397
revocation, disqualification, or out-of-service order; 1,398
(3) Whether the applicant is afflicted with or suffering 1,400
from any physical or mental disability or disease that prevents 1,401
him THE APPLICANT from exercising reasonable and ordinary control 1,403
over a motor vehicle while operating it upon a highway or is or 1,404
has been subject to any condition resulting in episodic 1,405
impairment of consciousness or loss of muscular control and, if 1,406
so, the nature and extent of the disability, disease, or 1,407
condition, and the names and addresses of the physicians 1,408
attending him THE APPLICANT; 1,409
(4) Whether the applicant has obtained a medical 1,411
examiner's certificate as required by this chapter; 1,412
(5) Whether the applicant has pending a citation for 1,414
violation of any motor vehicle law or ordinance except a parking 1,415
violation and, if so, a description of the citation, the court 1,416
having jurisdiction of the offense, and the date when the offense 1,417
occurred; 1,418
(6) Whether the applicant wishes to certify willingness to 1,420
make an anatomical donation under section 2108.04 of the Revised 1,421
Code, which shall be given no consideration in the issuance of a 1,422
license; 1,423
(7) On and after May 1, 1993, whether the applicant has 1,425
executed a valid durable power of attorney for health care 1,426
pursuant to sections 1337.11 to 1337.17 of the Revised Code or 1,427
has executed a declaration governing the use or continuation, or 1,428
the withholding or withdrawal, of life-sustaining treatment 1,429
33
pursuant to Chapter 2133. SECTIONS 2133.01 TO 2133.15 of the 1,431
Revised Code and, if the applicant has executed either type of 1,432
instrument, whether he THE APPLICANT wishes his THE license 1,433
ISSUED to indicate that he THE APPLICANT has executed the 1,434
instrument.
(B) Every applicant shall certify, on a form approved and 1,436
furnished by the registrar, all of the following: 1,437
(1) That the motor vehicle in which the applicant intends 1,439
to take the driving skills test is representative of the type of 1,440
motor vehicle that the applicant expects to operate as a driver; 1,441
(2) That the applicant is not subject to any 1,443
disqualification or out-of-service order, or license suspension, 1,444
revocation, or cancellation, under the laws of this state, of 1,445
another state, or of a foreign jurisdiction and does not have 1,446
more than one driver's license issued by this or another state or 1,447
a foreign jurisdiction; 1,448
(3) Any additional information, certification, or evidence 1,450
that the registrar requires by rule in order to ensure that the 1,451
issuance of a commercial driver's license to the applicant is in 1,452
compliance with the law of this state and with federal law. 1,453
(C) Every applicant shall execute a form, approved and 1,455
furnished by the registrar, under which the applicant consents to 1,456
the release by the registrar of information from the applicant's 1,457
driving record. 1,458
(D) The registrar or a deputy registrar shall, in 1,460
accordance with section 3503.11 of the Revised Code, SHALL 1,462
register as an elector any applicant for a commercial driver's 1,463
license or for a renewal or duplicate of such a license under 1,464
this chapter, if the applicant is eligible and wishes to be 1,465
registered as an elector. The decision of an applicant whether 1,466
to register as an elector shall be given no consideration in the 1,467
decision of whether to issue him THE APPLICANT a license or a 1,468
renewal or duplicate.
(E) The registrar or a deputy registrar shall, in 1,470
34
accordance with section 3503.11 of the Revised Code, SHALL offer 1,472
the opportunity of completing a notice of change of residence or 1,473
change of name to any applicant for a commercial driver's license 1,475
or for a renewal or duplicate of such a license who is a resident 1,476
of this state, if the applicant is a registered elector who has 1,477
changed his THE APPLICANT'S residence or name and has not filed 1,478
such a notice.
Sec. 4507.06. (A)(1) Every application for a driver's 1,487
license or motorcycle operator's license or endorsement, or 1,488
duplicate of any such license or endorsement, shall be made upon 1,489
the approved form furnished by the registrar of motor vehicles 1,490
and shall be signed by the applicant. 1,491
Every application shall state the following: 1,493
(a) The applicant's name, date of birth, social security 1,495
number if such has been assigned, sex, general description, 1,496
including height, weight, color of hair, and eyes, residence 1,497
address, including county of residence, duration of residence in 1,498
this state, and country of citizenship; 1,499
(b) Whether the applicant previously has been licensed as 1,501
an operator, chauffeur, driver, commercial driver, or motorcycle 1,502
operator and, if so, when, by what state, and whether such 1,503
license is suspended or revoked at the present time and, if so, 1,504
the date of and reason for the suspension or revocation; 1,505
(c) Whether the applicant is now or ever has been 1,507
afflicted with epilepsy, or whether the applicant now is 1,508
suffering from any physical or mental disability or disease and, 1,509
if so, the nature and extent of the disability or disease, giving 1,510
the names and addresses of physicians then or previously in 1,511
attendance upon the applicant; 1,512
(d) Whether an applicant for a duplicate driver's license, 1,514
or duplicate license containing a motorcycle operator endorsement 1,515
has pending a citation for violation of any motor vehicle law or 1,516
ordinance, a description of any such citation pending, and the 1,517
date of the citation; 1,518
35
(e) Whether the applicant wishes to certify willingness to 1,520
make an anatomical gift under section 2108.04 of the Revised 1,521
Code, which shall be given no consideration in the issuance of a 1,522
license or endorsement; 1,523
(f) On and after May 1, 1993, whether the applicant has 1,525
executed a valid durable power of attorney for health care 1,526
pursuant to sections 1337.11 to 1337.17 of the Revised Code or 1,527
has executed a declaration governing the use or continuation, or 1,528
the withholding or withdrawal, of life-sustaining treatment 1,529
pursuant to Chapter 2133. SECTIONS 2133.01 TO 2133.15 of the 1,531
Revised Code and, if the applicant has executed either type of 1,532
instrument, whether the applicant wishes the applicant's license 1,534
to indicate that the applicant has executed the instrument. 1,536
(2) Every applicant for a driver's license shall be 1,538
photographed in color at the time the application for the license 1,539
is made. The application shall state any additional information 1,540
that the registrar requires. 1,541
(B) The registrar or a deputy registrar, in accordance 1,543
with section 3503.11 of the Revised Code, shall register as an 1,544
elector any person who applies for a driver's license or 1,545
motorcycle operator's license or endorsement under division (A) 1,546
of this section, or for a renewal or duplicate of the license or 1,547
endorsement, if the applicant is eligible and wishes to be 1,548
registered as an elector. The decision of an applicant whether 1,549
to register as an elector shall be given no consideration in the 1,550
decision of whether to issue the applicant a license or 1,551
endorsement, or a renewal or duplicate.
(C) The registrar or a deputy registrar, in accordance 1,553
with section 3503.11 of the Revised Code, shall offer the 1,554
opportunity of completing a notice of change of residence or 1,555
change of name to any applicant for a driver's license or 1,557
endorsement under division (A) of this section, or for a renewal 1,558
or duplicate of the license or endorsement, if the applicant is a 1,559
registered elector who has changed the applicant's residence or 1,560
36
name and has not filed such a notice. 1,561
Sec. 4507.51. (A)(1) Every application for an 1,570
identification card or duplicate shall be made on a form 1,571
furnished by the registrar of motor vehicles, shall be signed by 1,572
the applicant, and by his THE APPLICANT'S parent or guardian if 1,573
the applicant is under eighteen years of age, and shall contain 1,575
the following information pertaining to the applicant: name, 1,576
date of birth, sex, general description including the applicant's 1,577
height, weight, hair color, and eye color, address, and at the 1,578
option of the applicant, his THE APPLICANT'S social security 1,579
number, his THE APPLICANT'S blood type, or his THE APPLICANT'S 1,581
social security number and his blood type. The application form 1,582
shall state that an applicant is not required to furnish his THE 1,583
APPLICANT'S social security number or his THE APPLICANT'S blood 1,585
type. The application shall also state whether an applicant 1,586
wishes to certify willingness to make an anatomical gift under 1,587
section 2108.04 of the Revised Code and shall include information 1,588
about the requirements of that section that apply to persons who 1,589
are less than eighteen years of age. The statement regarding 1,590
willingness to make such a donation shall be given no 1,592
consideration in the decision of whether to issue an 1,593
identification card. Each applicant shall be photographed in 1,594
color at the time of making application.
(2) On and after May 1, 1993, the application also shall 1,596
state whether the applicant has executed a valid durable power of 1,598
attorney for health care pursuant to sections 1337.11 to 1337.17
of the Revised Code or has executed a declaration governing the 1,599
use or continuation, or the withholding or withdrawal, of 1,600
life-sustaining treatment pursuant to Chapter 2133. SECTIONS 1,601
2133.01 TO 2133.15 of the Revised Code and, if the applicant has 1,602
executed either type of instrument, whether he THE APPLICANT 1,604
wishes his THE identification card ISSUED to indicate that he THE 1,605
APPLICANT has executed the instrument. 1,606
(3) The registrar or deputy registrar, in accordance with 1,608
37
section 3503.11 of the Revised Code, shall register as an elector 1,610
any person who applies for an identification card or duplicate if 1,611
the applicant is eligible and wishes to be registered as an 1,612
elector. The decision of an applicant whether to register as an 1,613
elector shall be given no consideration in the decision of 1,614
whether to issue him THE APPLICANT an identification card or 1,615
duplicate.
(B) The application for an identification card or 1,617
duplicate shall be filed in the office of the registrar or deputy 1,619
registrar. Each applicant shall present documentary evidence as
required by the registrar of his THE APPLICANT'S age and 1,620
identity. Each applicant who did not enter his OR HER social 1,621
security number on his OR HER application form, upon request, 1,623
shall furnish the registrar or the deputy registrar with the 1,624
applicant's social security number, if such a number has been 1,626
assigned to the applicant, for purposes of determining whether a 1,628
driver's or commercial driver's license has been issued under the 1,629
same social security number. The registrar or deputy registrar 1,630
shall not maintain the social security number as a part of the 1,631
record or enter it on the application form. The applicant shall 1,632
swear that all information given is true. 1,633
All applications for an identification card or duplicate 1,635
shall be filed in duplicate, and if submitted to a deputy 1,636
registrar, a copy shall be forwarded to the registrar. The 1,637
registrar shall prescribe rules for the manner in which a deputy 1,638
registrar is to file and maintain applications and other records. 1,639
The registrar shall maintain a suitable, indexed record of all 1,640
applications denied and cards issued or canceled. 1,641
Section 2. That existing sections 1337.12, 2133.01, 1,643
2133.02, 2133.03, 2133.07, 2133.10, 2133.12, 2133.13, 2133.14, 1,644
2133.15, 4506.07, 4507.06, and 4507.51 of the Revised Code are 1,645
hereby repealed. 1,646
Section 3. That Section 3 of Am. Sub. S.B. 1 of the 119th 1,648
General Assembly be amended to read as follows: 1,649
38
"Sec. 3. Chapter 2133. of the Revised Code, as enacted 1,651
AMENDED by this act, shall be entitled the Modified Uniform 1,652
Rights of the Terminally Ill Act AND THE DNR IDENTIFICATION AND 1,654
DO-NOT-RESUSCITATE ORDER LAW."
Section 4. That existing Section 3 of Am. Sub. S.B. 1 of 1,656
the 119th General Assembly is hereby repealed. 1,657