As Passed by the Senate 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-LEWIS-REID-SAWYER- 9
BENDER-OPFER-PRENTISS-VERICH-COLONNA-MEAD-MILLER-O'BRIEN-OGG- 10
SCHULER-WILSON-DAMSCHRODER-LAWRENCE-TAVARES-GRENDELL-PERZ- 11
SENATORS DRAKE-KEARNS-RAY 12
14
A B I L L
To amend sections 1337.12, 2133.01, 2133.02, 16
2133.03, 2133.07, 2133.10, 2133.12, 2133.13, 17
2133.14, 2133.15, 3721.17, 4506.07, 4507.06, and
4507.51 and to enact sections 2133.21, 2133.211, 19
and 2133.22 to 2133.26 of the Revised Code and to 20
amend Section 3 of Am. Sub. S.B. 1 of the 119th 21
General Assembly relative to "do not resuscitate" 22
identifications, orders, and protocols and the 24
award of punitive damages for violation of the 25
rights of a nursing home resident.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 1337.12, 2133.01, 2133.02, 29
2133.03, 2133.07, 2133.10, 2133.12, 2133.13, 2133.14, 2133.15, 30
3721.17, 4506.07, 4507.06, and 4507.51 be amended and sections 31
2133.21, 2133.211, 2133.22, 2133.23, 2133.24, 2133.25, and 32
2133.26 of the Revised Code be enacted to read as follows: 33
Sec. 1337.12. (A)(1) An adult who is of sound mind 42
voluntarily may create a valid durable power of attorney for 43
health care by executing a durable power of attorney, in 44
accordance with division (B) of section 1337.09 of the Revised 45
Code, that authorizes an attorney in fact as described in 46
division (A)(2) of this section to make health care decisions for 47
2
the principal at any time that the attending physician of the 48
principal determines that he THE PRINCIPAL has lost the capacity 49
to make informed health care decisions for himself THE PRINCIPAL. 51
Except as otherwise provided in divisions (B) to (F) of section 54
1337.13 of the Revised Code, the authorization may include the 55
right to give informed consent, to refuse to give informed 56
consent, or to withdraw informed consent, to any health care that 57
is being or could be provided to the principal. Additionally, to 58
be valid, a durable power of attorney for health care shall 59
satisfy both of the following: 60
(a) It shall be signed by the principal and state the date 62
of its execution. 63
(b) It shall be witnessed in accordance with division (B) 65
of this section or be acknowledged by the principal in accordance 66
with division (C) of this section. 67
(2) Except as otherwise provided in this division, a 69
durable power of attorney for health care may designate any 70
competent adult as the attorney in fact. The attending physician 71
of the principal and an administrator of any nursing home in 72
which the principal is receiving care shall not be designated as 73
an attorney in fact in, or act as an attorney in fact pursuant 74
to, a durable power of attorney for health care. An employee or 75
agent of the attending physician of the principal and an employee 76
or agent of any health care facility in which the principal is 77
being treated shall not be designated as an attorney in fact in, 78
or act as an attorney in fact pursuant to, a durable power of 79
attorney for health care, except that these limitations do not 80
preclude a principal from designating either type of employee or 81
agent as his THE PRINCIPAL'S attorney in fact if the individual 82
is a competent adult and related to the principal by blood, 84
marriage, or adoption, or if the individual is a competent adult 85
and the principal and the individual are members of the same 86
religious order. 87
(3) A durable power of attorney for health care shall not 89
3
expire, unless the principal specifies an expiration date in the 90
instrument. However, when a durable power of attorney contains 91
an expiration date, if the principal lacks the capacity to make 92
informed health care decisions for himself THE PRINCIPAL on the 93
expiration date, the instrument shall continue in effect until 95
the principal regains the capacity to make informed health care 96
decisions for himself THE PRINCIPAL. 97
(B) If witnessed for purposes of division (A)(1)(b) of 99
this section, a durable power of attorney for health care shall 100
be witnessed by at least two individuals who are adults and who 101
are not ineligible to be witnesses under this division. Any 102
person who is related to the principal by blood, marriage, or 103
adoption, any person who is designated as the attorney in fact in 104
the instrument, the attending physician of the principal, and the 105
administrator of any nursing home in which the principal is 106
receiving care are ineligible to be witnesses. 107
The witnessing of a durable power of attorney for health 109
care shall involve the principal signing, or acknowledging his 110
THE PRINCIPAL'S signature on, the instrument in the presence of 111
each witness. Then, each witness shall subscribe his THE 112
WITNESS'S signature on the durable power of attorney for health 114
care and, by doing so, attest to his THE WITNESS'S belief that 115
the principal appears to be of sound mind and not under or 116
subject to duress, fraud, or undue influence.
(C) If acknowledged for purposes of division (A)(1)(b) of 118
this section, a durable power of attorney for health care shall 119
be acknowledged before a notary public, who shall make the 120
certification described in section 147.53 of the Revised Code and 121
also shall attest that the principal appears to be of sound mind 122
and not under or subject to duress, fraud, or undue influence. 123
(D)(1) IF A PRINCIPAL HAS BOTH A VALID DURABLE POWER OF 126
ATTORNEY FOR HEALTH CARE AND A VALID DECLARATION, DIVISION (B) OF 127
SECTION 2133.03 OF THE REVISED CODE APPLIES. IF A PRINCIPAL HAS 130
BOTH A VALID DURABLE POWER OF ATTORNEY FOR HEALTH CARE AND A DNR 131
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IDENTIFICATION THAT IS BASED UPON A VALID DECLARATION AND IF THE 132
DECLARATION SUPERSEDES THE DURABLE POWER OF ATTORNEY FOR HEALTH 133
CARE UNDER DIVISION (B) OF SECTION 2133.03 OF THE REVISED CODE, 136
THE DNR IDENTIFICATION SUPERSEDES THE DURABLE POWER OF ATTORNEY 138
FOR HEALTH CARE TO THE EXTENT OF ANY CONFLICT BETWEEN THE TWO. A 139
VALID DURABLE POWER OF ATTORNEY FOR HEALTH CARE SUPERSEDES ANY 140
DNR IDENTIFICATION THAT IS BASED UPON A DO-NOT-RESUSCITATE ORDER 141
THAT A PHYSICIAN ISSUED FOR THE PRINCIPAL WHICH IS INCONSISTENT 143
WITH THE DURABLE POWER OF ATTORNEY FOR HEALTH CARE OR A VALID 144
DECISION BY THE ATTORNEY IN FACT UNDER A DURABLE POWER OF
ATTORNEY. 145
(2) AS USED IN DIVISION (D) OF THIS SECTION: 147
(a) "DECLARATION" HAS THE SAME MEANING AS IN SECTION 149
2133.01 OF THE REVISED CODE. 150
(b) "DO-NOT-RESUSCITATE ORDER" AND "DNR IDENTIFICATION" 152
HAVE THE SAME MEANINGS AS IN SECTION 2133.21 OF THE REVISED CODE. 153
Sec. 2133.01. Unless the context otherwise requires, as 162
used in this chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED 163
CODE:
(A) "Adult" means an individual who is eighteen years of 165
age or older. 166
(B) "Attending physician" means the physician to whom a 168
declarant or other patient, or the family of a declarant or other 169
patient, has assigned primary responsibility for the treatment or 170
care of the declarant or other patient, or, if the responsibility 171
has not been assigned, the physician who has accepted that 172
responsibility.
(C) "Comfort care" means any of the following: 174
(1) Nutrition when administered to diminish the pain or 176
discomfort of a declarant or other patient, but not to postpone 177
THE DECLARANT'S OR OTHER PATIENT'S death; 178
(2) Hydration when administered to diminish the pain or 180
discomfort of a declarant or other patient, but not to postpone 181
THE DECLARANT'S OR OTHER PATIENT'S death; 182
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(3) Any other medical or nursing procedure, treatment, 184
intervention, or other measure that is taken to diminish the pain 185
or discomfort of a declarant or other patient, but not to 186
postpone THE DECLARANT'S OR OTHER PATIENT'S death. 187
(D) "Consulting physician" means a physician who, in 189
conjunction with the attending physician of a declarant or other 190
patient, makes one or more determinations that are required to be 191
made by the attending physician, or to be made by the attending 192
physician and one other physician, by an applicable provision of 193
this chapter, to a reasonable degree of medical certainty and in 194
accordance with reasonable medical standards. 195
(E) "Declarant" means any adult who has executed a 197
declaration in accordance with section 2133.02 of the Revised 198
Code. 199
(F) "Declaration" means a written document executed in 201
accordance with section 2133.02 of the Revised Code. 202
(G) "Durable power of attorney for health care" means a 204
document created pursuant to sections 1337.11 to 1337.17 of the 205
Revised Code. 206
(H) "Guardian" means a person appointed by a probate court 208
pursuant to Chapter 2111. of the Revised Code to have the care 209
and management of the person of an incompetent. 210
(I) "Health care facility" means any of the following: 212
(1) A hospital; 214
(2) A hospice care program or other institution that 216
specializes in comfort care of patients in a terminal condition 217
or in a permanently unconscious state; 218
(3) A nursing home OR RESIDENTIAL CARE FACILITY, AS 220
DEFINED IN SECTION 3721.01 OF THE REVISED CODE; 221
(4) A home health agency AND ANY RESIDENTIAL FACILITY 223
WHERE A PERSON IS RECEIVING CARE UNDER THE DIRECTION OF A HOME 224
HEALTH AGENCY;
(5) An intermediate care facility for the mentally 226
retarded. 227
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(J) "Health care personnel" means physicians, nurses, 229
physician assistants, emergency medical technicians-basic, 231
emergency medical technicians-intermediate, emergency medical 232
technicians-paramedic, medical technicians, dietitians, other 233
authorized persons acting under the direction of an attending 234
physician, and administrators of health care facilities.
(K) "Home health agency" has the same meaning as in 236
section 3701.88 of the Revised Code. 237
(L) "Hospice care program" has the same meaning as in 239
section 3712.01 of the Revised Code. 240
(M) "Hospital" has the same meanings as in sections 242
2108.01, 3701.01, and 5122.01 of the Revised Code. 243
(N) "Hydration" means fluids that are artificially or 245
technologically administered. 246
(O) "Incompetent" has the same meaning as in section 248
2111.01 of the Revised Code. 249
(P) "Intermediate care facility for the mentally retarded" 251
has the same meaning as in section 5111.20 of the Revised Code. 252
(Q) "Life-sustaining treatment" means any medical 254
procedure, treatment, intervention, or other measure that, when 255
administered to a qualified patient or other patient, will serve 256
principally to prolong the process of dying. 257
(R) "Nurse" means a person who is licensed to practice 259
nursing as a registered nurse or to practice practical nursing as 260
a licensed practical nurse pursuant to Chapter 4723. of the 261
Revised Code. 262
(S) "Nursing home" has the same meaning as in section 264
3721.01 of the Revised Code. 265
(T) "Nutrition" means sustenance that is artificially or 267
technologically administered. 268
(U) "Permanently unconscious state" means a state of 270
permanent unconsciousness in a declarant or other patient that, 271
to a reasonable degree of medical certainty as determined in 272
accordance with reasonable medical standards by the declarant's 273
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or other patient's attending physician and one other physician 274
who has examined the declarant or other patient, is characterized 275
by both of the following: 276
(1) Irreversible unawareness of one's being and 278
environment.
(2) Total loss of cerebral cortical functioning, resulting 280
in the declarant or other patient having no capacity to 281
experience pain or suffering.
(V) "Person" has the same meaning as in section 1.59 of 283
the Revised Code and additionally includes political subdivisions 284
and governmental agencies, boards, commissions, departments, 285
institutions, offices, and other instrumentalities. 286
(W) "Physician" means a person who is authorized under 288
Chapter 4731. of the Revised Code to practice medicine and 290
surgery or osteopathic medicine and surgery.
(X) "Political subdivision" and "state" have the same 292
meanings as in section 2744.01 of the Revised Code. 293
(Y) "Professional disciplinary action" means action taken 295
by the board or other entity that regulates the professional 296
conduct of health care personnel, including the state medical 297
board and the board of nursing. 298
(Z) "Qualified patient" means an adult who has executed a 300
declaration and has been determined to be in a terminal condition 301
or in a permanently unconscious state. 302
(AA) "Terminal condition" means an irreversible, 304
incurable, and untreatable condition caused by disease, illness, 305
or injury from which, to a reasonable degree of medical certainty 306
as determined in accordance with reasonable medical standards by 307
a declarant's or other patient's attending physician and one 308
other physician who has examined the declarant or other patient, 309
both of the following apply: 310
(1) There can be no recovery. 312
(2) Death is likely to occur within a relatively short 314
time if life-sustaining treatment is not administered. 315
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(BB) "Tort action" means a civil action for damages for 317
injury, death, or loss to person or property, other than a civil 318
action for damages for breach of a contract or another agreement 319
between persons. 320
Sec. 2133.02. (A)(1) An adult who is of sound mind 330
voluntarily may execute at any time a declaration governing the 331
use or continuation, or the withholding or withdrawal, of 332
life-sustaining treatment. The declaration shall be signed by 333
the declarant or by another individual at the direction of the 334
declarant, state the date of its execution, and either be 335
witnessed as described in division (B)(1) of this section or be 336
acknowledged by the declarant in accordance with division (B)(2) 337
of this section. The declaration may include a designation by 338
the declarant of one or more persons who are to be notified by 339
the declarant's attending physician at any time that 340
life-sustaining treatment would be withheld or withdrawn pursuant 341
to the declaration. THE DECLARATION MAY INCLUDE A SPECIFIC 342
AUTHORIZATION FOR THE USE OR CONTINUATION OR THE WITHHOLDING OR 343
WITHDRAWAL OF CPR, BUT THE FAILURE TO INCLUDE A SPECIFIC 345
AUTHORIZATION FOR THE WITHHOLDING OR WITHDRAWAL OF CPR DOES NOT 346
PRECLUDE THE WITHHOLDING OR WITHDRAWAL OF CPR IN ACCORDANCE WITH 347
SECTIONS 2133.01 TO 2133.15 OR SECTIONS 2133.21 TO 2133.26 OF THE 348
REVISED CODE.
(2) Depending upon whether the declarant intends his THE 350
declaration to apply when he THE DECLARANT is in a terminal 351
condition, in a permanently unconscious state, or in either a 353
terminal condition or a permanently unconscious state, his THE 354
DECLARANT'S declaration shall use either or both of the terms 356
"terminal condition" and "permanently unconscious state," and 357
shall define or otherwise explain those terms in capital letters 358
and in a manner that is substantially consistent with the 359
provisions of section 2133.01 of the Revised Code. 360
(3)(a) If a declarant who has authorized the withholding 362
or withdrawal of life-sustaining treatment intends that his THE 363
9
DECLARANT'S attending physician withhold or withdraw nutrition or 364
hydration when he THE DECLARANT is in a permanently unconscious 366
state and when the nutrition and hydration will not or no longer 367
will serve to provide comfort to him THE DECLARANT or alleviate 368
his THE DECLARANT'S pain, then the declarant shall authorize his 369
THE DECLARANT'S attending physician to withhold or withdraw 370
nutrition or hydration when he THE DECLARANT is in the 371
permanently unconscious state by doing both of the following in 373
the declaration:
(i) Including a statement in capital letters that his THE 375
DECLARANT'S attending physician may withhold or withdraw 376
nutrition and hydration if he THE DECLARANT is in a permanently 377
unconscious state and if his THE DECLARANT'S attending physician 378
and at least one other physician who has examined him THE 380
DECLARANT determine, to a reasonable degree of medical certainty 382
and in accordance with reasonable medical standards, that 383
nutrition or hydration will not or no longer will serve to
provide comfort to him THE DECLARANT or alleviate his THE 385
DECLARANT'S pain, or checking or otherwise marking a box or line 386
that is adjacent to a similar statement on a printed form of a 387
declaration;
(ii) Placing his THE DECLARANT'S initials or signature 389
underneath or adjacent to the statement, check, or other mark 391
described in division (A)(3)(a)(i) of this section. 392
(b) Division (A)(3)(a) of this section does not apply, and 394
shall not be construed as applying, to the extent that a 395
declaration authorizes the withholding or withdrawal of 396
life-sustaining treatment when a declarant is in a terminal 397
condition. The provisions of division (E) of section 2133.12 of 398
the Revised Code pertaining to comfort care shall apply to a 399
declarant in a terminal condition. 400
(B)(1) If witnessed for purposes of division (A) of this 402
section, a declaration shall be witnessed by two individuals as 403
described in this division in whose presence the declarant, or 404
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another individual at the direction of the declarant, signed the 405
declaration. The witnesses to a declaration shall be adults who 406
are not related to the declarant by blood, marriage, or adoption, 407
who are not the attending physician of the declarant, and who are 408
not the administrator of any nursing home in which the declarant 409
is receiving care. Each witness shall subscribe his THE WITNESS' 411
signature on the declaration and, by doing so, attest to his THE 412
WITNESS' belief that the declarant appears to be of sound mind 414
and not under or subject to duress, fraud, or undue influence. 415
(2) If acknowledged for purposes of division (A) of this 417
section, a declaration shall be acknowledged before a notary 418
public, who shall make the certification described in section 419
147.53 of the Revised Code and also shall attest that the 420
declarant appears to be of sound mind and not under or subject to 421
duress, fraud, or undue influence. 422
(C) An attending physician, or other health care personnel 424
acting under the direction of an attending physician, who is 425
furnished a copy of a declaration shall make it a part of the 426
declarant's medical record and, when section 2133.05 of the 427
Revised Code is applicable, also shall comply with that section. 428
(D)(1) Subject to division (D)(2) of this section, an 430
attending physician of a declarant or a health care facility in 431
which a declarant is confined may refuse to comply or allow 432
compliance with the declarant's declaration on the basis of a 433
matter of conscience or on another basis. An employee or agent 434
of an attending physician of a declarant or of a health care 435
facility in which a declarant is confined may refuse to comply 436
with the declarant's declaration on the basis of a matter of 437
conscience. 438
(2) If an attending physician of a declarant or a health 440
care facility in which a declarant is confined is not willing or 441
not able to comply or allow compliance with the declarant's 442
declaration, the physician or facility promptly shall so advise 443
the declarant and comply with the provisions of section 2133.10 444
11
of the Revised Code, or, if the declaration has become operative 445
as described in division (A) of section 2133.03 of the Revised 446
Code, shall comply with the provisions of section 2133.10 of the 447
Revised Code. 448
(E) AS USED IN THIS SECTION, "CPR" HAS THE SAME MEANING AS 451
IN SECTION 2133.21 OF THE REVISED CODE.
Sec. 2133.03. (A)(1) A declaration becomes operative when 460
it is communicated to the attending physician of the declarant, 461
the attending physician and one other physician who examines the 462
declarant determine that the declarant is in a terminal condition 463
or in a permanently unconscious state, whichever is addressed in 464
the declaration, the applicable requirements of divisions (A)(2) 465
and (3) of this section are satisfied, and the attending 466
physician determines that the declarant no longer is able to make 467
informed decisions regarding the administration of 468
life-sustaining treatment. When the declaration becomes 469
operative, the attending physician and health care facilities 470
shall act in accordance with its provisions or comply with the 471
provisions of section 2133.10 of the Revised Code. 472
(2) In order for a declaration to become operative in 474
connection with a declarant who is in a permanently unconscious 475
state, the consulting physician associated with the determination 476
that the declarant is in the permanently unconscious state shall 477
be a physician who, by virtue of advanced education or training, 478
of a practice limited to particular diseases, illnesses, 479
injuries, therapies, or branches of medicine or surgery or 480
osteopathic medicine and surgery, of certification as a 481
specialist in a particular branch of medicine or surgery or 482
osteopathic medicine and surgery, or of experience acquired in 483
the practice of medicine or surgery or osteopathic medicine and 484
surgery, is qualified to determine whether the declarant is in a 485
permanently unconscious state. 486
(3) In order for a declaration to become operative in 488
connection with a declarant who is in a terminal condition or in 489
12
a permanently unconscious state, the attending physician of the 490
declarant shall determine, in good faith, to a reasonable degree 491
of medical certainty, and in accordance with reasonable medical 492
standards, that there is no reasonable possibility that the 493
declarant will regain the capacity to make informed decisions 494
regarding the administration of life-sustaining treatment. 495
(B)(1)(a) A declaration supersedes any general consent to 497
treatment form signed by or on behalf of the declarant prior to, 498
upon, or after his THE DECLARANT'S admission to a health care 499
facility to the extent there is a conflict between the 501
declaration and the form, even if the form is signed after the 502
execution of the declaration. To the extent that the provisions 503
of a declaration and a general consent to treatment form do not 504
conflict, both documents shall govern the use or continuation, or 505
the withholding or withdrawal, of life-sustaining treatment and 506
other medical or nursing procedures, treatments, interventions, 507
or other measures in connection with the declarant. This 508
division DIVISION (B)(1)(a) OF THIS SECTION does not apply if a 510
declaration is revoked pursuant to section 2133.04 of the Revised 511
Code after the signing of a general consent to treatment form. 512
(b) A DECLARATION SUPERSEDES A DNR IDENTIFICATION, AS 514
DEFINED IN SECTION 2133.21 OF THE REVISED CODE, OF THE DECLARANT 516
THAT IS BASED UPON A PRIOR, INCONSISTENT DECLARATION OF THE 518
DECLARANT OR THAT IS BASED UPON A DO-NOT-RESUSCITATE ORDER, AS 519
DEFINED IN SECTION 2133.21 OF THE REVISED CODE, THAT A PHYSICIAN
HAS ISSUED FOR THE DECLARANT AND THAT IS INCONSISTENT WITH THE 521
DECLARATION.
(2) If a declarant has both a valid durable power of 523
attorney for health care and a valid declaration, the declaration 524
supersedes the durable power of attorney for health care to the 525
extent that the provisions of the documents would conflict if the 526
declarant should be in a terminal condition or in a permanently 527
unconscious state. This division DIVISION (B)(2) OF THIS SECTION 529
does not apply if the declarant revokes his THE declaration 530
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pursuant to section 2133.04 of the Revised Code. 531
Sec. 2133.07. A printed form of a declaration may be sold 540
or otherwise distributed in this state for use by adults who are 541
not advised by an attorney. By use of such a printed form OF 542
THAT NATURE, a declarant may authorize the use or continuation, 544
or the withholding or withdrawal, of life-sustaining treatment 545
should he THE DECLARANT be in a terminal condition, a permanently 547
unconscious state, or either a terminal condition or a 548
permanently unconscious state, may authorize the withholding or 549
withdrawal of nutrition or hydration should he THE DECLARANT be 550
in a permanently unconscious state as described in division 552
(A)(3)(a) of section 2133.02 of the Revised Code, and may 553
designate one or more persons who are to be notified by his THE 554
DECLARANT'S attending physician at any time that life-sustaining 556
treatment would be withheld or withdrawn pursuant to the 557
declaration. The printed form shall not be used as an instrument 558
for granting any other type of authority or for making any other 559
type of designation, EXCEPT THAT THE PRINTED FORM MAY BE USED AS 560
A DNR IDENTIFICATION IF THE DECLARANT SPECIFIES ON THE FORM THAT 561
THE DECLARANT WISHES TO USE IT AS A DNR IDENTIFICATION.
AS USED IN THIS SECTION, "DNR IDENTIFICATION" HAS THE SAME 563
MEANING AS IN SECTION 2133.21 OF THE REVISED CODE. 564
Sec. 2133.10. (A) An attending physician who, or a health 573
care facility in which a qualified patient or other patient is 574
confined that, is not willing or IS not able to comply or allow 575
compliance with a declaration of a qualified patient, with a 576
consent given in accordance with section 2133.08 or 2133.09 of 577
the Revised Code, with any probate court order issued pursuant to 578
section 2133.05, 2133.08, or 2133.09 of the Revised Code, or with 579
any other applicable provision of this chapter SECTIONS 2133.01 580
TO 2133.15 OF THE REVISED CODE shall not prevent or attempt to 582
prevent, or unreasonably delay or attempt to unreasonably delay, 583
the transfer of the qualified patient or other patient to the 584
care of a physician who, or a health care facility that, is 585
14
willing and able to so comply or allow compliance. 586
(B) If a declaration provides for the use or continuation 588
of life-sustaining treatment should its declarant subsequently be 589
in a terminal condition or in a permanently unconscious state, if 590
a consent decision of a priority individual or class of 591
individuals under section 2133.08 of the Revised Code is to use 592
or continue life-sustaining treatment in connection with a 593
patient described in that section, or if a probate court issues a 594
reevaluation order pursuant to section 2133.05 or 2133.08 of the 595
Revised Code that is intended to result in the use or 596
continuation of life-sustaining treatment in connection with a 597
qualified patient or other patient, then the attending physician 598
of the qualified patient or other patient who, or health care 599
facility in which the qualified patient or other patient is 600
confined that, is not willing or IS not able to comply or allow 601
compliance with the declaration, consent decision, or 602
reevaluation order shall use or continue the life-sustaining 603
treatment or cause it to be used or continued until a transfer as 604
described in division (A) of this section is made. 605
Sec. 2133.12. (A) The death of a qualified patient or 614
other patient resulting from the withholding or withdrawal of 615
life-sustaining treatment in accordance with this chapter 616
SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE does not 617
constitute FOR ANY PURPOSE a suicide, aggravated murder, murder, 618
or any other homicide offense for any purpose. 619
(B)(1) The execution of a declaration shall not do either 621
of the following: 622
(a) Affect the sale, procurement, issuance, or renewal of 624
any policy of life insurance or annuity, notwithstanding any term 625
of a policy or annuity to the contrary; 626
(b) Be deemed to modify or invalidate the terms of any 628
policy of life insurance or annuity that is in effect on October 629
10, 1991. 630
(2) Notwithstanding any term of a policy of life insurance 632
15
or annuity to the contrary, the withholding or withdrawal of 633
life-sustaining treatment from an insured, qualified patient or 634
other patient in accordance with this chapter SECTIONS 2133.01 TO 635
2133.15 OF THE REVISED CODE shall not impair or invalidate any 637
policy of life insurance or annuity.
(3) Notwithstanding any term of a policy or plan to the 639
contrary, the use or continuation, or the withholding or 640
withdrawal, of life-sustaining treatment from an insured, 641
qualified patient or other patient in accordance with this 642
chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE shall not 643
impair or invalidate any policy of health insurance or any health 645
care benefit plan.
(4) No physician, health care facility, other health care 647
provider, person authorized to engage in the business of 648
insurance in this state under Title XXXIX of the Revised Code, 649
health insuring corporation, other health care plan, legal 651
entity that is self-insured and provides benefits to its 652
employees or members, or other person shall require any 653
individual to execute or refrain from executing a declaration, or 654
shall require an individual to revoke or refrain from revoking a 655
declaration, as a condition of being insured or of receiving 656
health care benefits or services. 657
(C)(1) This chapter does SECTIONS 2133.01 TO 2133.15 OF 659
THE REVISED CODE DO not create any presumption concerning the 661
intention of an individual who has revoked or has not executed a 662
declaration with respect to the use or continuation, or the 663
withholding or withdrawal, of life-sustaining treatment if the 664
individual should be in a terminal condition or in a permanently 666
unconscious state at any time.
(2) This chapter does SECTIONS 2133.01 TO 2133.15 OF THE 668
REVISED CODE DO not affect the right of a qualified patient or 670
other patient to make informed decisions regarding the use or 671
continuation, or the withholding or withdrawal, of
life-sustaining treatment as long as the qualified patient or 672
16
other patient is able to make those decisions. 673
(3) This chapter does SECTIONS 2133.01 TO 2133.15 OF THE 675
REVISED CODE DO not require a physician, other health care 677
personnel, or a health care facility to take action that is 678
contrary to reasonable medical standards.
(4) This chapter SECTIONS 2133.01 TO 2133.15 OF THE 680
REVISED CODE and, if applicable, a declaration do not affect or 682
limit the authority of a physician or a health care facility to 683
provide or not to provide life-sustaining treatment to a person 684
in accordance with reasonable medical standards applicable in an 685
emergency situation.
(D) Nothing in this chapter SECTIONS 2133.01 TO 2133.15 OF 687
THE REVISED CODE condones, authorizes, or approves of mercy 689
killing, assisted suicide, or euthanasia.
(E)(1) This chapter does SECTIONS 2133.01 TO 2133.15 OF 691
THE REVISED CODE DO not affect the responsibility of the 693
attending physician of a qualified patient or other patient, or 694
other health care personnel acting under the direction of the
patient's attending physician, to provide comfort care to the 695
patient. Nothing in this chapter SECTIONS 2133.01 TO 2133.15 OF 697
THE REVISED CODE precludes the attending physician of a qualified 698
patient or other patient who carries out the responsibility to 699
provide comfort care to the patient in good faith and while 700
acting within the scope of the attending physician's authority 701
from prescribing, dispensing, administering, or causing to be 702
administered any particular medical procedure, treatment, 703
intervention, or other measure to the patient, including, but not 704
limited to, prescribing, dispensing, administering, or causing to 705
be administered by judicious titration or in another manner any 706
form of medication, for the purpose of diminishing the qualified 707
patient's or other patient's pain or discomfort and not for the 708
purpose of postponing or causing the qualified patient's or other 709
patient's death, even though the medical procedure, treatment, 711
intervention, or other measure may appear to hasten or increase 712
17
the risk of the patient's death. Nothing in this chapter 713
SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE precludes health 714
care personnel acting under the direction of the patient's 716
attending physician who carry out the responsibility to provide 717
comfort care to the patient in good faith and while acting within 718
the scope of their authority from dispensing, administering, or 719
causing to be administered any particular medical procedure, 720
treatment, intervention, or other measure to the patient, 721
including, but not limited to, dispensing, administering, or 722
causing to be administered by judicious titration or in another 723
manner any form of medication, for the purpose of diminishing the 724
qualified patient's or other patient's pain or discomfort and not 726
for the purpose of postponing or causing the qualified patient's 727
or other patient's death, even though the medical procedure, 729
treatment, intervention, or other measure may appear to hasten or 730
increase the risk of the patient's death.
(2)(a) If, at any time, a person described in division 732
(A)(2)(a)(i) of section 2133.05 of the Revised Code or the 733
individual or a majority of the individuals in either of the 734
first two classes of individuals that pertain to a declarant in 735
the descending order of priority set forth in division 736
(A)(2)(a)(ii) of section 2133.05 of the Revised Code believes in 737
good faith that both of the following circumstances apply, the 738
person or the individual or majority of individuals in either of 739
the first two classes of individuals may commence an action in 740
the probate court of the county in which a declarant who is in a 741
terminal condition or permanently unconscious state is located 742
for the issuance of an order mandating the use or continuation of 743
comfort care in connection with the declarant in a manner that is 744
consistent with division (E)(1) of this section: 745
(i) Comfort care is not being used or continued in 747
connection with the declarant. 748
(ii) The withholding or withdrawal of the comfort care is 750
contrary to division (E)(1) of this section. 751
18
(b) If a declarant did not designate in the declarant's 753
declaration a person as described in division (A)(2)(a)(i) of 755
section 2133.05 of the Revised Code and if, at any time, a 756
priority individual or any member of a priority class of 757
individuals under division (A)(2)(a)(ii) of section 2133.05 of 758
the Revised Code or, at any time, the individual or a majority of 759
the individuals in the next class of individuals that pertains to 760
the declarant in the descending order of priority set forth in 761
that division believes in good faith that both of the following 762
circumstances apply, the priority individual, the member of the 763
priority class of individuals, or the individual or majority of 764
individuals in the next class of individuals that pertains to the 765
declarant may commence an action in the probate court of the 766
county in which a declarant who is in a terminal condition or 767
permanently unconscious state is located for the issuance of an 768
order mandating the use or continuation of comfort care in 769
connection with the declarant in a manner that is consistent with 770
division (E)(1) of this section: 771
(i) Comfort care is not being used or continued in 773
connection with the declarant. 774
(ii) The withholding or withdrawal of the comfort care is 776
contrary to division (E)(1) of this section. 777
(c) If, at any time, a priority individual or any member 779
of a priority class of individuals under division (B) of section 780
2133.08 of the Revised Code or, at any time, the individual or a 781
majority of the individuals in the next class of individuals that 782
pertains to the patient in the descending order of priority set 783
forth in that division believes in good faith that both of the 784
following circumstances apply, the priority individual, the 785
member of the priority class of individuals, or the individual or 786
majority of individuals in the next class of individuals that 787
pertains to the patient may commence an action in the probate 788
court of the county in which a patient as described in division 789
(A) of section 2133.08 of the Revised Code is located for the 790
19
issuance of an order mandating the use or continuation of comfort 791
care in connection with the patient in a manner that is 792
consistent with division (E)(1) of this section: 793
(i) Comfort care is not being used or continued in 795
connection with the patient. 796
(ii) The withholding or withdrawal of the comfort care is 798
contrary to division (E)(1) of this section. 799
Sec. 2133.13. In the absence of actual knowledge to the 808
contrary and if acting in good faith, an attending or consulting 809
physician, other health care personnel, and health care 810
facilities may assume that a declaration complies with this 811
chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE and is
valid.
Sec. 2133.14. A declaration executed under the law of 820
another state in compliance with that law or in substantial 821
compliance with this chapter SECTIONS 2133.01 TO 2133.15 OF THE 822
REVISED CODE shall be considered to be valid for purposes of this 823
chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE.
Sec. 2133.15. (A) This chapter shall SECTIONS 2133.01 TO 832
2133.15 OF THE REVISED CODE apply to any written document that 834
was executed anywhere prior to the effective date of this section 835
OCTOBER 10, 1991, that voluntarily was so executed by an adult 837
who was of sound mind, that was signed by the adult or by another 838
individual at the direction of the adult, that was or was not 839
witnessed or acknowledged before a notary public as described in 840
division (B) of section 2133.02 of the Revised Code, and that 841
specifies the adult's intention with respect to the use or 842
continuation, or the withholding or withdrawal, of 843
life-sustaining treatment if he THE ADULT is at any time in a 845
terminal condition, in a permanently unconscious state, or in
either a terminal condition or a permanently unconscious state, 846
if he THE ADULT is at that time no longer able to make informed 847
decisions regarding the administration of life-sustaining 849
treatment, and if at that time there is no reasonable possibility 850
20
that he THE ADULT will regain the capacity to make those informed 852
decisions. The document shall be considered to be a declaration, 853
shall be given effect as if it had been executed on or after the 854
effective date of this section OCTOBER 10, 1991, in accordance 855
with this chapter SECTIONS 2133.01 TO 2133.15 OF THE REVISED 856
CODE, and, except as otherwise provided in division (B) of this 858
section, shall be subject to all provisions of this chapter
SECTIONS 2133.01 TO 2133.15 OF THE REVISED CODE pertaining to 859
declarations.
(B)(1) If a declaration as described in division (A) of 861
this section does not state that, or does not contain a checked 862
or marked box or line adjacent to a statement indicating that, 863
the declarant authorizes his THE DECLARANT'S attending physician 864
to withhold or withdraw nutrition or hydration when he THE 866
DECLARANT is in a permanently unconscious state and when his THE 867
DECLARANT'S attending physician and at least one other physician 869
who has examined him THE DECLARANT determine, to a reasonable 871
degree of medical certainty and in accordance with reasonable 872
medical standards, that nutrition or hydration will not or no 873
longer will serve to provide comfort to him THE DECLARANT or 874
alleviate his THE DECLARANT'S pain, then, if the declaration 875
becomes operative under section 2133.03 of the Revised Code 876
because the declarant is in a permanently unconscious state, the 877
attending physician of the declarant shall apply to the probate 878
court of the county in which the declarant is located for the 879
issuance of an order whether or not the attending physician is 880
required to provide the declarant with nutrition and hydration 881
for as long as the declarant is in the permanently unconscious 882
state. Upon the filing of the application, the clerk of the 883
probate court shall schedule a hearing on it and cause a copy of 884
it and a notice of the hearing to be served in accordance with 885
the Rules of Civil Procedure upon the attending physician and the 886
individuals described in divisions (B)(1) to (5) of section 887
2133.08 of the Revised Code, which service shall be made, if 888
21
possible, within three days after the filing of the application. 889
The hearing shall be conducted at the earliest possible time, but 890
no sooner than the thirtieth business day, and no later than the 891
sixtieth business day, after such THAT service has been 892
completed.
(2) At the hearing, the attending physician and any 894
individual described in divisions (B)(1) to (5) of section 895
2133.08 of the Revised Code shall be permitted to testify and 896
present evidence relative to the use or continuation, or the 897
withholding or withdrawal, of nutrition and hydration for as long 898
as the declarant is in the permanently unconscious state. 899
Immediately following the hearing, the court shall enter on its 900
journal its determination, based on the evidence presented by all 901
of the parties at the hearing on the application and subject to 902
division (B)(3) of this section, whether or not the attending 903
physician is required to provide the declarant with nutrition and 904
hydration for as long as he THE DECLARANT is in the permanently 905
unconscious state. 906
(3) The court shall issue an order that authorizes the 908
declarant's attending physician to commence the withholding or 909
withdrawal of nutrition and hydration in connection with the 910
delarant DECLARANT only if the applicant establishes, by clear 911
and convincing evidence, that the order would be consistent with 912
one of the following: 913
(a) The declarant's previously expressed intention with 915
respect to the use or continuation, or the withholding or 916
withdrawal, of nutrition and hydration should he THE DECLARANT 917
subsequently be in a permanently unconscious state and no longer 919
able to make informed decisions regarding the administration of 920
nutrition and hydration; 921
(b) In the absence of such a previously expressed 923
intention OF THAT NATURE, the type of informed consent decision 924
that the declarant would have made if he THE DECLARANT had 926
expressed his THE DECLARANT'S intention with respect to the use 928
22
or continuation, or the withholding or withdrawal, of nutrition 929
and hydration should he THE DECLARANT subsequently be in a 931
permanently unconscious state and no longer able to make informed 932
decisions regarding the administration of nutrition and
hydration, as inferred from the lifestyle and character of the 933
declarant, and from any other evidence of the declarant's 934
desires, prior to his THE DECLARANT becoming no longer able to 935
make informed decisions regarding the administration of nutrition 937
and hydration. The Rules of Evidence shall not be binding for 938
purposes of this division. 939
(4) Notwithstanding any contrary provision of the Revised 941
Code or of the Rules of Civil Procedure, the state and persons 942
other than individuals described in divisions (B)(1) to (5) of 943
section 2133.08 of the Revised Code and other than the attending 944
physician of the declarant are prohibited from filing an 945
application under this division (B) OF THIS SECTION and from 947
joining or being joined as parties to a hearing conducted under 948
this division (B) OF THIS SECTION, including joining by way of 949
intervention.
Sec. 2133.21. AS USED IN SECTIONS 2133.21 TO 2133.26 OF 951
THE REVISED CODE, UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE: 954
(A) "ATTENDING PHYSICIAN" MEANS THE PHYSICIAN TO WHOM A 957
PERSON, OR THE FAMILY OF A PERSON, HAS ASSIGNED PRIMARY 958
RESPONSIBILITY FOR THE TREATMENT OR CARE OF THE PERSON OR, IF THE 959
PERSON OR THE PERSON'S FAMILY HAS NOT ASSIGNED THAT 960
RESPONSIBILITY, THE PHYSICIAN WHO HAS ACCEPTED THAT 961
RESPONSIBILITY.
(B) "DECLARATION," "HEALTH CARE FACILITY," 963
"LIFE-SUSTAINING TREATMENT," "PHYSICIAN," "PROFESSIONAL 964
DISCIPLINARY ACTION," AND "TORT ACTION" HAVE THE SAME MEANINGS AS 965
IN SECTION 2133.01 OF THE REVISED CODE.
(C) "DNR IDENTIFICATION" MEANS A STANDARDIZED 968
IDENTIFICATION CARD, FORM, NECKLACE, OR BRACELET THAT IS OF
UNIFORM SIZE AND DESIGN, THAT HAS BEEN APPROVED BY THE DEPARTMENT 970
23
OF HEALTH PURSUANT TO SECTION 2133.25 OF THE REVISED CODE, AND 972
THAT SIGNIFIES EITHER OF THE FOLLOWING: 973
(1) THAT THE PERSON WHO IS NAMED ON AND POSSESSES THE 975
CARD, FORM, NECKLACE, OR BRACELET HAS EXECUTED A DECLARATION THAT 977
AUTHORIZES THE WITHHOLDING OR WITHDRAWAL OF CPR AND THAT HAS NOT 978
BEEN REVOKED PURSUANT TO SECTION 2133.04 OF THE REVISED CODE; 979
(2) THAT THE ATTENDING PHYSICIAN OF THE PERSON WHO IS 981
NAMED ON AND POSSESSES THE CARD, FORM, NECKLACE, OR BRACELET HAS 982
ISSUED A CURRENT DO-NOT-RESUSCITATE ORDER, IN ACCORDANCE WITH THE 983
DO-NOT-RESUSCITATE PROTOCOL ADOPTED BY THE DEPARTMENT OF HEALTH 984
PURSUANT TO SECTION 2133.25 OF THE REVISED CODE, FOR THAT PERSON 985
AND HAS DOCUMENTED THE GROUNDS FOR THE ORDER IN THAT PERSON'S 986
MEDICAL RECORD.
(D) "DO-NOT-RESUSCITATE ORDER" MEANS A DIRECTIVE ISSUED BY 988
A PHYSICIAN THAT IDENTIFIES A PERSON AND SPECIFIES THAT CPR 990
SHOULD NOT BE ADMINISTERED TO THE PERSON SO IDENTIFIED. 991
(E) "DO-NOT-RESUSCITATE PROTOCOL" MEANS THE STANDARDIZED 994
METHOD OF PROCEDURE FOR THE WITHHOLDING OF CPR BY PHYSICIANS, 995
EMERGENCY MEDICAL SERVICE PERSONNEL, AND HEALTH CARE FACILITIES 996
THAT IS ADOPTED IN THE RULES OF THE DEPARTMENT OF HEALTH PURSUANT 998
TO SECTION 2133.25 OF THE REVISED CODE. 999
(F) "EMERGENCY MEDICAL SERVICES PERSONNEL" MEANS PAID OR 1,002
VOLUNTEER FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, FIRST 1,003
RESPONDERS, EMERGENCY MEDICAL TECHNICIANS-BASIC, EMERGENCY 1,004
MEDICAL TECHNICIANS-INTERMEDIATE, EMERGENCY MEDICAL 1,005
TECHNICIANS-PARAMEDIC, MEDICAL TECHNICIANS, OR OTHER EMERGENCY 1,006
SERVICES PERSONNEL ACTING WITHIN THE ORDINARY COURSE OF THEIR 1,007
PROFESSION.
(G) "CPR" MEANS CARDIOPULMONARY RESUSCITATION OR A 1,009
COMPONENT OF CARDIOPULMONARY RESUSCITATION, BUT IT DOES NOT 1,010
INCLUDE CLEARING A PERSON'S AIRWAY FOR A PURPOSE OTHER THAN AS A 1,011
COMPONENT OF CPR.
Sec. 2133.211. A PERSON WHO HOLDS A CERTIFICATE OF 1,013
AUTHORITY TO PRACTICE AS A CERTIFIED NURSE PRACTITIONER OR 1,014
24
CLINICAL NURSE SPECIALIST ISSUED UNDER SECTION 4723.42 OF THE 1,015
REVISED CODE MAY TAKE ANY ACTION THAT MAY BE TAKEN BY AN 1,016
ATTENDING PHYSICIAN UNDER SECTIONS 2133.21 TO 2133.26 OF THE 1,017
REVISED CODE AND HAS THE IMMUNITY PROVIDED BY SECTION 2133.22 OF 1,018
THE REVISED CODE IF THE ACTION IS TAKEN PURSUANT TO A STANDARD 1,019
CARE ARRANGEMENT WITH A COLLABORATING PHYSICIAN.
Sec. 2133.22. (A)(1) NONE OF THE FOLLOWING ARE SUBJECT TO 1,021
CRIMINAL PROSECUTION, TO LIABILITY IN DAMAGES IN A TORT OR OTHER 1,023
CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY, OR 1,024
TO PROFESSIONAL DISCIPLINARY ACTION ARISING OUT OF OR RELATING TO 1,025
THE WITHHOLDING OR WITHDRAWAL OF CPR FROM A PERSON AFTER DNR 1,027
IDENTIFICATION IS DISCOVERED IN THE PERSON'S POSSESSION AND 1,029
REASONABLE EFFORTS HAVE BEEN MADE TO DETERMINE THAT THE PERSON IN
POSSESSION OF THE DNR IDENTIFICATION IS THE PERSON NAMED ON THE 1,030
DNR IDENTIFICATION: 1,031
(a) A PHYSICIAN WHO CAUSES THE WITHHOLDING OR WITHDRAWAL 1,033
OF CPR FROM THE PERSON POSSESSING THE DNR IDENTIFICATION; 1,035
(b) A PERSON WHO PARTICIPATES UNDER THE DIRECTION OF OR 1,038
WITH THE AUTHORIZATION OF A PHYSICIAN IN THE WITHHOLDING OR 1,039
WITHDRAWAL OF CPR FROM THE PERSON POSSESSING THE DNR 1,040
IDENTIFICATION;
(c) ANY EMERGENCY MEDICAL SERVICES PERSONNEL WHO CAUSE OR 1,042
PARTICIPATE IN THE WITHHOLDING OR WITHDRAWAL OF CPR FROM THE 1,043
PERSON POSSESSING THE DNR IDENTIFICATION. 1,044
(2) NONE OF THE FOLLOWING ARE SUBJECT TO CRIMINAL 1,046
PROSECUTION, TO LIABILITY IN DAMAGES IN A TORT OR OTHER CIVIL 1,047
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY, OR TO 1,048
PROFESSIONAL DISCIPLINARY ACTION ARISING OUT OF OR RELATING TO 1,049
THE WITHHOLDING OR WITHDRAWAL OF CPR FROM A PERSON IN A HEALTH 1,051
CARE FACILITY AFTER DNR IDENTIFICATION IS DISCOVERED IN THE 1,052
PERSON'S POSSESSION AND REASONABLE EFFORTS HAVE BEEN MADE TO 1,053
DETERMINE THAT THE PERSON IN POSSESSION OF THE DNR IDENTIFICATION 1,054
IS THE PERSON NAMED ON THE DNR IDENTIFICATION OR A 1,056
DO-NOT-RESUSCITATE ORDER IS ISSUED FOR THE PERSON:
25
(a) THE HEALTH CARE FACILITY OR THE ADMINISTRATOR OF THE 1,058
HEALTH CARE FACILITY; 1,059
(b) A PHYSICIAN WHO CAUSES THE WITHHOLDING OR WITHDRAWAL 1,062
OF CPR FROM THE PERSON POSSESSING THE DNR IDENTIFICATION OR FOR 1,064
WHOM THE DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED; 1,065
(c) ANY PERSON WHO WORKS FOR THE HEALTH CARE FACILITY AS 1,068
AN EMPLOYEE, CONTRACTOR, OR VOLUNTEER AND WHO PARTICIPATES UNDER 1,069
THE DIRECTION OF OR WITH THE AUTHORIZATION OF A PHYSICIAN IN THE 1,070
WITHHOLDING OR WITHDRAWAL OF CPR FROM THE PERSON POSSESSING THE 1,072
DNR IDENTIFICATION;
(d) ANY PERSON WHO WORKS FOR THE HEALTH CARE FACILITY AS 1,075
AN EMPLOYEE, CONTRACTOR, OR VOLUNTEER AND WHO PARTICIPATES UNDER 1,076
THE DIRECTION OF OR WITH THE AUTHORIZATION OF A PHYSICIAN IN THE 1,077
WITHHOLDING OR WITHDRAWAL OF CPR FROM THE PERSON FOR WHOM THE 1,079
DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED.
(3) IF, AFTER DNR IDENTIFICATION IS DISCOVERED IN THE 1,081
POSSESSION OF A PERSON, THE PERSON MAKES AN ORAL OR WRITTEN 1,082
REQUEST TO RECEIVE CPR, ANY PERSON WHO PROVIDES CPR PURSUANT TO 1,083
THE REQUEST, ANY HEALTH CARE FACILITY IN WHICH CPR IS PROVIDED, 1,085
AND THE ADMINISTRATOR OF ANY HEALTH CARE FACILITY IN WHICH CPR IS 1,086
PROVIDED ARE NOT SUBJECT TO CRIMINAL PROSECUTION AS A RESULT OF 1,087
THE PROVISION OF THE CPR, ARE NOT LIABLE IN DAMAGES IN A TORT OR 1,088
OTHER CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR 1,089
PROPERTY THAT ARISES OUT OF OR IS RELATED TO THE PROVISION OF THE 1,090
CPR, AND ARE NOT SUBJECT TO PROFESSIONAL DISCIPLINARY ACTION AS A 1,091
RESULT OF THE PROVISION OF THE CPR. 1,092
(B) DIVISIONS (A)(1), (A)(2), AND (C) OF THIS SECTION DO 1,096
NOT APPLY WHEN CPR IS WITHHELD OR WITHDRAWN FROM A PERSON WHO
POSSESSES DNR IDENTIFICATION OR FOR WHOM A DO-NOT-RESUSCITATE 1,097
ORDER HAS BEEN ISSUED UNLESS THE WITHHOLDING OR WITHDRAWAL IS IN 1,098
ACCORDANCE WITH THE DO-NOT-RESUSCITATE PROTOCOL. 1,099
(C) ANY EMERGENCY MEDICAL SERVICES PERSONNEL WHO COMPLY 1,101
WITH A DO-NOT-RESUSCITATE ORDER ISSUED BY A PHYSICIAN AND ANY 1,103
INDIVIDUALS WHO WORK FOR A HEALTH CARE FACILITY AS EMPLOYEES, 1,104
26
CONTRACTORS, OR VOLUNTEERS AND WHO COMPLY WITH A
DO-NOT-RESUSCITATE ORDER ISSUED BY A PHYSICIAN ARE NOT SUBJECT TO 1,105
LIABILITY IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS 1,107
TO PERSON OR PROPERTY THAT ARISES OUT OF OR IS RELATED TO 1,108
COMPLIANCE WITH THE ORDER, ARE NOT SUBJECT TO CRIMINAL 1,109
PROSECUTION AS A RESULT OF COMPLIANCE WITH THE ORDER, AND ARE NOT 1,110
SUBJECT TO PROFESSIONAL DISCIPLINARY ACTION AS A RESULT OF 1,111
COMPLIANCE WITH THE ORDER. 1,112
IN AN EMERGENCY SITUATION, EMERGENCY MEDICAL SERVICES 1,114
PERSONNEL AND EMERGENCY DEPARTMENT PERSONNEL ARE NOT REQUIRED TO 1,115
SEARCH A PERSON TO DETERMINE IF THE PERSON POSSESSES DNR 1,118
IDENTIFICATION. IF A PERSON POSSESSES DNR IDENTIFICATION, IF 1,120
EMERGENCY MEDICAL SERVICES PERSONNEL OR EMERGENCY DEPARTMENT 1,121
PERSONNEL PROVIDE CPR TO THE PERSON IN AN EMERGENCY SITUATION, 1,123
AND IF, AT THAT TIME, THE PERSONNEL DO NOT KNOW AND DO NOT HAVE 1,125
REASONABLE CAUSE TO BELIEVE THAT THE PERSON POSSESSES DNR 1,126
IDENTIFICATION, THE EMERGENCY MEDICAL SERVICES PERSONNEL AND 1,127
EMERGENCY DEPARTMENT PERSONNEL ARE NOT SUBJECT TO CRIMINAL 1,129
PROSECUTION AS A RESULT OF THE PROVISION OF THE CPR, ARE NOT 1,130
LIABLE IN DAMAGES IN A TORT OR OTHER CIVIL ACTION FOR INJURY, 1,132
DEATH, OR LOSS TO PERSON OR PROPERTY THAT ARISES OUT OF OR IS 1,133
RELATED TO THE PROVISION OF THE CPR, AND ARE NOT SUBJECT TO 1,134
PROFESSIONAL DISCIPLINARY ACTION AS A RESULT OF THE PROVISION OF 1,135
THE CPR.
(D) NOTHING IN SECTIONS 2133.21 TO 2133.26 OF THE REVISED 1,138
CODE OR THE DO-NOT-RESUSCITATE PROTOCOL GRANTS IMMUNITY TO A 1,139
PHYSICIAN FOR ISSUING A DO-NOT-RESUSCITATE ORDER THAT IS CONTRARY 1,141
TO REASONABLE MEDICAL STANDARDS OR THAT THE PHYSICIAN KNOWS OR 1,142
HAS REASON TO KNOW IS CONTRARY TO THE WISHES OF THE PATIENT OR OF 1,143
A PERSON WHO IS LAWFULLY AUTHORIZED TO MAKE INFORMED MEDICAL 1,144
DECISIONS ON THE PATIENT'S BEHALF.
Sec. 2133.23. (A) IF EMERGENCY MEDICAL SERVICES 1,147
PERSONNEL, OTHER THAN PHYSICIANS, ARE PRESENTED WITH DNR 1,148
IDENTIFICATION POSSESSED BY A PERSON OR ARE PRESENTED WITH A 1,149
27
WRITTEN DO-NOT-RESUSCITATE ORDER FOR A PERSON OR IF A PHYSICIAN 1,150
DIRECTLY ISSUES TO EMERGENCY MEDICAL SERVICES PERSONNEL, OTHER 1,151
THAN PHYSICIANS, AN ORAL DO-NOT-RESUSCITATE ORDER FOR A PERSON, 1,152
THE EMERGENCY MEDICAL SERVICES PERSONNEL SHALL COMPLY WITH THE 1,153
DO-NOT-RESUSCITATE PROTOCOL FOR THE PERSON. IF AN ORAL 1,154
DO-NOT-RESUSCITATE ORDER IS ISSUED BY A PHYSICIAN WHO IS NOT 1,156
PRESENT AT THE SCENE, THE EMERGENCY MEDICAL SERVICES PERSONNEL 1,157
SHALL VERIFY THE PHYSICIAN'S IDENTITY.
(B) IF A PERSON POSSESSES DNR IDENTIFICATION AND IF THE 1,159
PERSON'S ATTENDING PHYSICIAN OR THE HEALTH CARE FACILITY IN WHICH 1,161
THE PERSON IS LOCATED IS UNWILLING OR UNABLE TO COMPLY WITH THE 1,162
DO-NOT-RESUSCITATE PROTOCOL FOR THE PERSON, THE ATTENDING 1,163
PHYSICIAN OR THE HEALTH CARE FACILITY SHALL NOT PREVENT OR 1,164
ATTEMPT TO PREVENT, OR UNREASONABLY DELAY OR ATTEMPT TO DELAY, 1,165
THE TRANSFER OF THE PERSON TO A DIFFERENT PHYSICIAN WHO WILL 1,166
FOLLOW THE PROTOCOL OR TO A DIFFERENT HEALTH CARE FACILITY IN 1,167
WHICH THE PROTOCOL WILL BE FOLLOWED. 1,168
(C) IF A PERSON WHO POSSESSES DNR IDENTIFICATION OR FOR 1,172
WHOM A CURRENT DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED IS BEING 1,173
TRANSFERRED FROM ONE HEALTH CARE FACILITY TO ANOTHER, BEFORE OR 1,174
AT THE TIME OF THE TRANSFER, THE TRANSFERRING HEALTH CARE 1,175
FACILITY SHALL NOTIFY THE RECEIVING HEALTH CARE FACILITY AND THE 1,176
PERSONS TRANSPORTING THE PERSON OF THE EXISTENCE OF THE DNR 1,177
IDENTIFICATION OR THE ORDER. IF A CURRENT DO-NOT-RESUSCITATE
ORDER WAS ISSUED ORALLY, IT SHALL BE REDUCED TO WRITING BEFORE 1,178
THE TIME OF THE TRANSFER. THE DNR IDENTIFICATION OR THE ORDER 1,179
SHALL ACCOMPANY THE PERSON TO THE RECEIVING HEALTH CARE FACILITY 1,180
AND SHALL REMAIN IN EFFECT UNLESS IT IS REVOKED OR UNLESS, IN THE 1,181
CASE OF A DO-NOT-RESUSCITATE ORDER, THE ORDER NO LONGER IS 1,182
CURRENT. 1,183
Sec. 2133.24. (A) THE DEATH OF A PERSON RESULTING FROM 1,185
THE WITHHOLDING OR WITHDRAWAL OF CPR FOR THE PERSON PURSUANT TO 1,186
THE DO-NOT-RESUSCITATE PROTOCOL AND IN THE CIRCUMSTANCES 1,188
DESCRIBED IN SECTION 2133.22 OF THE REVISED CODE OR IN ACCORDANCE 1,189
28
WITH DIVISION (A) OF SECTION 2133.23 OF THE REVISED CODE DOES NOT 1,191
CONSTITUTE FOR ANY PURPOSE A SUICIDE, AGGRAVATED MURDER, MURDER, 1,192
OR ANY OTHER HOMICIDE. 1,193
(B)(1) IF A PERSON POSSESSES DNR IDENTIFICATION OR IF A 1,196
CURRENT DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED FOR A PERSON,
THE POSSESSION OR ORDER SHALL NOT DO EITHER OF THE FOLLOWING: 1,197
(a) AFFECT IN ANY MANNER THE SALE, PROCUREMENT, ISSUANCE, 1,200
OR RENEWAL OF A POLICY OF LIFE INSURANCE OR ANNUITY, 1,201
NOTWITHSTANDING ANY TERM OF A POLICY OR ANNUITY TO THE CONTRARY; 1,202
(b) BE DEEMED TO MODIFY IN ANY MANNER OR INVALIDATE THE 1,205
TERMS OF ANY POLICY OF LIFE INSURANCE OR ANNUITY THAT IS IN 1,206
EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.
(2) NOTWITHSTANDING ANY TERM OF A POLICY OF LIFE INSURANCE 1,209
OR ANNUITY TO THE CONTRARY, THE WITHHOLDING OR WITHDRAWAL OF CPR 1,210
FROM A PERSON WHO IS INSURED OR COVERED UNDER THE POLICY OR 1,211
ANNUITY AND WHO POSSESSES DNR IDENTIFICATION OR FOR WHOM A 1,212
CURRENT DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED, IN ACCORDANCE 1,213
WITH SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE, SHALL NOT 1,215
IMPAIR OR INVALIDATE ANY POLICY OF LIFE INSURANCE OR ANNUITY. 1,216
(3) NOTWITHSTANDING ANY TERM OF A POLICY OR PLAN TO THE 1,218
CONTRARY, NEITHER OF THE FOLLOWING SHALL IMPAIR OR INVALIDATE ANY 1,219
POLICY OF HEALTH INSURANCE OR OTHER HEALTH CARE BENEFIT PLAN: 1,220
(a) THE WITHHOLDING OR WITHDRAWAL IN ACCORDANCE WITH 1,222
SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE OF CPR FROM A 1,223
PERSON WHO IS INSURED OR COVERED UNDER THE POLICY OR PLAN AND WHO 1,225
POSSESSES DNR IDENTIFICATION OR FOR WHOM A CURRENT 1,226
DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED; 1,227
(b) THE PROVISION IN ACCORDANCE WITH SECTIONS 2133.21 TO 1,229
2133.26 OF THE REVISED CODE OF CPR TO A PERSON OF THE NATURE 1,230
DESCRIBED IN DIVISION (B)(3)(a) OF THIS SECTION. 1,231
(4) NO PHYSICIAN, HEALTH CARE FACILITY, OTHER HEALTH CARE 1,234
PROVIDER, PERSON AUTHORIZED TO ENGAGE IN THE BUSINESS OF
INSURANCE IN THIS STATE UNDER TITLE XXXIX OF THE REVISED CODE, 1,236
HEALTH INSURING CORPORATION, OTHER HEALTH CARE BENEFIT PLAN, 1,238
29
LEGAL ENTITY THAT IS SELF-INSURED AND PROVIDES BENEFITS TO ITS 1,239
EMPLOYEES OR MEMBERS, OR OTHER PERSON SHALL REQUIRE AN INDIVIDUAL 1,240
TO POSSESS DNR IDENTIFICATION, OR SHALL REQUIRE AN INDIVIDUAL TO 1,242
REVOKE OR REFRAIN FROM POSSESSING DNR IDENTIFICATION, AS A 1,243
CONDITION OF BEING INSURED OR OF RECEIVING HEALTH CARE BENEFITS 1,244
OR SERVICES. 1,245
(C)(1) SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE DO 1,248
NOT CREATE ANY PRESUMPTION CONCERNING THE INTENT OF AN INDIVIDUAL 1,249
WHO DOES NOT POSSESS DNR IDENTIFICATION WITH RESPECT TO THE USE, 1,252
WITHHOLDING, OR WITHDRAWAL OF CPR.
(2) SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE DO NOT 1,255
AFFECT THE RIGHT OF A PERSON TO MAKE INFORMED DECISIONS REGARDING 1,256
THE USE, WITHHOLDING, OR WITHDRAWAL OF CPR FOR THE PERSON AS LONG 1,258
AS THE PERSON IS ABLE TO MAKE THOSE DECISIONS.
(3) SECTIONS 2133.21 TO 2133.26 OF THE REVISED CODE ARE IN 1,261
ADDITION TO AND INDEPENDENT OF, AND DO NOT LIMIT, IMPAIR, OR 1,262
SUPERSEDE, ANY RIGHT OR RESPONSIBILITY THAT A PERSON HAS TO 1,263
EFFECT THE WITHHOLDING OR WITHDRAWAL OF LIFE-SUSTAINING TREATMENT 1,264
TO ANOTHER PURSUANT TO SECTIONS 2133.01 TO 2133.15 OF THE REVISED 1,266
CODE OR IN ANY OTHER LAWFUL MANNER.
(D) NOTHING IN SECTIONS 2133.21 TO 2133.26 OF THE REVISED 1,270
CODE CONDONES, AUTHORIZES, OR APPROVES OF MERCY KILLING, ASSISTED 1,271
SUICIDE, OR EUTHANASIA.
Sec. 2133.25. (A) THE DEPARTMENT OF HEALTH, BY RULE 1,274
ADOPTED PURSUANT TO CHAPTER 119. OF THE REVISED CODE, SHALL ADOPT 1,276
A STANDARDIZED METHOD OF PROCEDURE FOR THE WITHHOLDING OF CPR BY 1,277
PHYSICIANS, EMERGENCY MEDICAL SERVICES PERSONNEL, AND HEALTH CARE 1,278
FACILITIES IN ACCORDANCE WITH SECTIONS 2133.21 TO 2133.26 OF THE 1,279
REVISED CODE. THE STANDARDIZED METHOD SHALL SPECIFY CRITERIA FOR
DETERMINING WHEN A DO-NOT-RESUSCITATE ORDER ISSUED BY A PHYSICIAN 1,280
IS CURRENT. THE STANDARDIZED METHOD SO ADOPTED SHALL BE THE 1,281
"DO-NOT-RESUSCITATE PROTOCOL" FOR PURPOSES OF SECTIONS 2133.21 TO 1,282
2133.26 OF THE REVISED CODE. THE DEPARTMENT ALSO SHALL APPROVE 1,283
ONE OR MORE STANDARD FORMS OF DNR IDENTIFICATION TO BE USED 1,284
30
THROUGHOUT THIS STATE. 1,285
(B) THE DEPARTMENT OF HEALTH SHALL ADOPT RULES IN 1,287
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE 1,288
ADMINISTRATION OF SECTIONS 2133.21 TO 2133.26 OF THE REVISED 1,291
CODE.
(C) THE DEPARTMENT OF HEALTH SHALL APPOINT AN ADVISORY 1,293
COMMITTEE TO ADVISE THE DEPARTMENT IN THE DEVELOPMENT OF RULES 1,294
UNDER THIS SECTION. THE ADVISORY COMMITTEE SHALL INCLUDE, BUT 1,295
SHALL NOT BE LIMITED TO, REPRESENTATIVES OF EACH OF THE FOLLOWING 1,296
ORGANIZATIONS:
(1) THE ASSOCIATION FOR HOSPITALS AND HEALTH SYSTEMS 1,298
(OHA);
(2) THE OHIO STATE MEDICAL ASSOCIATION; 1,300
(3) THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF EMERGENCY 1,303
PHYSICIANS;
(4) THE OHIO HOSPICE ORGANIZATION; 1,305
(5) THE OHIO COUNCIL FOR HOME CARE; 1,307
(6) THE OHIO HEALTH CARE ASSOCIATION; 1,309
(7) THE OHIO AMBULANCE ASSOCIATION; 1,311
(8) THE OHIO MEDICAL DIRECTORS ASSOCIATION; 1,313
(9) THE OHIO ASSOCIATION OF EMERGENCY MEDICAL SERVICES; 1,315
(10) THE BIOETHICS NETWORK OF OHIO; 1,317
(11) THE OHIO NURSES ASSOCIATION; 1,319
(12) THE OHIO ACADEMY OF NURSING HOMES; 1,321
(13) THE OHIO ASSOCIATION OF PROFESSIONAL FIREFIGHTERS; 1,323
(14) THE DEPARTMENT OF MENTAL RETARDATION AND 1,325
DEVELOPMENTAL DISABILITIES; 1,326
(15) THE OHIO OSTEOPATHIC ASSOCIATION; 1,328
(16) THE ASSOCIATION OF OHIO PHILANTHROPIC HOMES, HOUSING 1,330
AND SERVICES FOR THE AGING; 1,331
(17) THE CATHOLIC CONFERENCE OF OHIO; 1,333
(18) THE DEPARTMENT OF AGING; 1,335
(19) THE DEPARTMENT OF MENTAL HEALTH; 1,337
(20) THE OHIO PRIVATE RESIDENTIAL ASSOCIATION; 1,339
31
(21) THE NORTHERN OHIO FIRE FIGHTERS ASSOCIATION. 1,341
Sec. 2133.26. (A)(1) NO PHYSICIAN SHALL PURPOSELY PREVENT 1,344
OR ATTEMPT TO PREVENT, OR DELAY OR UNREASONABLY ATTEMPT TO DELAY, 1,345
THE TRANSFER OF A PATIENT IN VIOLATION OF DIVISION (B) OF SECTION 1,346
2133.23 OF THE REVISED CODE. 1,347
(2) NO PERSON SHALL PURPOSELY CONCEAL, CANCEL, DEFACE, OR 1,349
OBLITERATE THE DNR IDENTIFICATION OF ANOTHER PERSON WITHOUT THE 1,350
CONSENT OF THE OTHER PERSON. 1,352
(3) NO PERSON SHALL PURPOSELY FALSIFY OR FORGE A 1,354
REVOCATION OF A DECLARATION THAT IS THE BASIS OF THE DNR 1,357
IDENTIFICATION OF ANOTHER PERSON OR PURPOSELY FALSIFY OR FORGE AN 1,358
ORDER OF A PHYSICIAN THAT PURPORTS TO SUPERSEDE A 1,359
DO-NOT-RESUSCITATE ORDER ISSUED FOR ANOTHER PERSON.
(4) NO PERSON SHALL PURPOSELY FALSIFY OR FORGE THE DNR 1,362
IDENTIFICATION OF ANOTHER PERSON WITH THE INTENT TO CAUSE THE 1,363
USE, WITHHOLDING, OR WITHDRAWAL OF CPR FOR THE OTHER PERSON. 1,364
(5) NO PERSON WHO HAS PERSONAL KNOWLEDGE THAT ANOTHER 1,366
PERSON HAS REVOKED A DECLARATION THAT IS THE BASIS OF THE OTHER 1,368
PERSON'S DNR IDENTIFICATION OR PERSONAL KNOWLEDGE THAT A 1,369
PHYSICIAN HAS ISSUED AN ORDER THAT SUPERSEDES A 1,370
DO-NOT-RESUSCITATE ORDER THAT THE PHYSICIAN ISSUED FOR ANOTHER 1,371
PERSON SHALL PURPOSELY CONCEAL OR WITHHOLD THAT PERSONAL 1,372
KNOWLEDGE WITH THE INTENT TO CAUSE THE USE, WITHHOLDING, OR 1,373
WITHDRAWAL OF CPR FOR THE OTHER PERSON.
(B)(1) WHOEVER VIOLATES DIVISION (A)(1) OR (5) OF THIS 1,376
SECTION IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE. 1,377
(2) WHOEVER VIOLATES DIVISION (A)(2), (3), OR (4) OF THIS 1,379
SECTION IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 1,380
Sec. 3721.17. (A) Any resident who believes that his THE 1,389
RESIDENT'S rights under sections 3721.10 to 3721.17 of the 1,391
Revised Code have been violated may file a grievance under 1,392
procedures adopted pursuant to division (A)(2) of section 3721.12 1,393
of the Revised Code. 1,394
When the grievance committee determines a violation of 1,396
32
sections 3721.10 to 3721.17 of the Revised Code has occurred, it 1,397
shall notify the administrator of the home. If the violation 1,398
cannot be corrected within ten days, or if ten days have elapsed 1,399
without correction of the violation, the grievance committee 1,400
shall refer the matter to the department of health. 1,401
(B) Any person who believes that a resident's rights under 1,403
sections 3721.10 to 3721.17 of the Revised Code have been 1,404
violated may report or cause reports to be made of the 1,405
information directly to the department of health. No person who 1,406
files a report is liable for civil damages resulting from the 1,407
report. 1,408
(C)(1) Within thirty days of receiving a complaint under 1,410
this section, the department of health shall investigate any 1,411
complaint referred to it by a home's grievance committee and any 1,412
complaint from any source that alleges that the home provided 1,413
substantially less than adequate care or treatment, or 1,414
substantially unsafe conditions, or, within seven days of 1,415
receiving a complaint, refer it to the attorney general, if he 1,416
THE ATTORNEY GENERAL agrees to investigate within thirty days. 1,418
(2) Within thirty days of receiving a complaint under this 1,420
section, the department of health may investigate any alleged 1,421
violation of sections 3721.10 to 3721.17 of the Revised Code, or 1,422
of rules, policies, or procedures adopted pursuant to those 1,423
sections, not covered by division (C)(1) of this section, or it 1,424
may, within seven days of receiving a complaint, refer the 1,425
complaint to the grievance committee at the home where the 1,426
alleged violation occurred, or to the attorney general if he THE 1,427
ATTORNEY GENERAL agrees to investigate within thirty days. 1,429
(D) If, after an investigation, the department of health 1,431
finds probable cause to believe that a violation of sections 1,432
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or 1,433
procedures adopted pursuant to those sections, has occurred at a 1,434
home that is certified under Title XVIII or XIX of the "Social 1,435
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 1,436
33
it shall cite one or more findings or deficiencies under sections 1,437
5111.35 to 5111.62 of the Revised Code. If the home is not so 1,438
certified, the department shall hold an adjudicative hearing 1,439
within thirty days under Chapter 119. of the Revised Code. 1,440
(E) Upon a finding at an adjudicative hearing under 1,442
division (D) of this section that a violation of sections 3721.10 1,443
to 3721.17 of the Revised Code, or of rules, policies, or 1,444
procedures adopted pursuant thereto, has occurred, the department 1,445
of health shall make an order for compliance, set a reasonable 1,446
time for compliance, and assess a fine pursuant to division (F) 1,447
of this section. The fine shall be paid to the general revenue 1,448
fund only if compliance with the order is not shown to have been 1,449
made within the reasonable time set in the order. The department 1,450
of health may issue an order prohibiting the continuation of any 1,451
violation of sections 3721.10 to 3721.17 of the Revised Code. 1,452
Findings at the hearings conducted under this section may 1,454
be appealed pursuant to Chapter 119. of the Revised Code, except 1,455
that an appeal may be made to the court of common pleas of the 1,456
county in which the home is located. 1,457
The department of health shall initiate proceedings in 1,459
court to collect any fine assessed under this section which is 1,460
unpaid thirty days after the violator's final appeal is 1,461
exhausted. 1,462
(F) Any home found, pursuant to an adjudication hearing 1,464
under division (D) of this section, to have violated sections 1,465
3721.10 to 3721.17 of the Revised Code, or rules, policies, or 1,466
procedures adopted pursuant to those sections may be fined not 1,467
less than one hundred nor more than five hundred dollars for a 1,468
first offense. For each subsequent offense, the home may be 1,469
fined not less than two hundred nor more than one thousand 1,470
dollars. 1,471
A violation of sections 3721.10 to 3721.17 of the Revised 1,473
Code is a separate offense for each day of the violation and for 1,474
each resident who claims the violation. 1,475
34
(G) No home or employee of a home shall retaliate against 1,477
any person who: 1,478
(1) Exercises any right set forth in sections 3721.10 to 1,480
3721.17 of the Revised Code, including, but not limited to, 1,481
filing a complaint with the home's grievance committee or 1,482
reporting an alleged violation to the department of health; 1,483
(2) Appears as a witness in any hearing conducted under 1,485
this section and section 3721.16 of the Revised Code; 1,486
(3) Files a civil action alleging a violation of sections 1,488
3721.10 to 3721.17 of the Revised Code, or notifies a county 1,489
prosecuting attorney or the attorney general of a possible 1,490
violation of sections 3721.10 to 3721.17 of the Revised Code. 1,491
If, under the procedures outlined in this section, a home 1,493
or its employee is found to have retaliated, the violator may be 1,494
fined up to one thousand dollars. 1,495
(H) When legal action is indicated, any evidence of 1,497
criminal activity found in an investigation under division (C) of 1,498
this section shall be given to the prosecuting attorney in the 1,499
county in which the home is located for investigation. 1,500
(I)(1) Any resident whose rights under sections 3721.10 to 1,502
3721.17 of the Revised Code are violated has a cause of action 1,503
against any person or home committing the violation. The action 1,504
may be commenced by the resident or by his THE RESIDENT'S sponsor 1,506
on his behalf OF THE RESIDENT. The court may award actual and 1,507
punitive damages for violation of the rights. The 1,508
(2)(a) IF COMPENSATORY DAMAGES ARE AWARDED FOR A VIOLATION 1,510
OF THE RESIDENT'S RIGHTS, SECTION 2315.21 OF THE REVISED CODE, 1,511
EXCEPT DIVISIONS (E)(1) AND (2) OF THAT SECTION, SHALL APPLY TO 1,512
AN AWARD OF PUNITIVE OR EXEMPLARY DAMAGES FOR THE VIOLATION. 1,513
(b) THE court may award to the prevailing party reasonable 1,516
attorney's fees limited to the work reasonably performed. 1,517
(3) DIVISION (I)(2)(a) OF THIS SECTION SHALL BE CONSIDERED 1,520
TO BE PURELY REMEDIAL IN OPERATION AND SHALL BE APPLIED IN A 1,521
REMEDIAL MANNER IN ANY CIVIL ACTION IN WHICH THIS SECTION IS
35
RELEVANT, WHETHER THE ACTION IS PENDING IN COURT OR COMMENCED ON 1,522
OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT. 1,523
Sec. 4506.07. (A) Every application for a commercial 1,532
driver's license, restricted commercial driver's license, or a 1,533
commercial driver's temporary instruction permit, or a duplicate 1,534
of such a license, shall be made upon a form approved and 1,535
furnished by the registrar of motor vehicles. Except as provided 1,536
in section 4506.24 of the Revised Code in regard to a restricted 1,537
commercial driver's license, the application shall be signed by 1,538
the applicant and shall contain the following information: 1,539
(1) The APPLICANT'S name, date of birth, social security 1,541
account number, sex, general description including height, 1,542
weight, and color of hair and eyes, current residence, duration 1,543
of residence in this state, country of citizenship, and 1,544
occupation;
(2) Whether the applicant previously has been licensed to 1,546
operate a commercial motor vehicle or any other type of motor 1,547
vehicle in another state or a foreign jurisdiction and, if so, 1,548
when, by what state, and whether the license or driving 1,549
privileges currently are suspended or revoked in any 1,550
jurisdiction, or the applicant otherwise has been disqualified 1,551
from operating a commercial motor vehicle, or is subject to an 1,552
out-of-service order issued under this chapter or any similar law 1,553
of another state or a foreign jurisdiction and, if so, the date 1,554
of, locations involved, and reason for the suspension, 1,555
revocation, disqualification, or out-of-service order; 1,556
(3) Whether the applicant is afflicted with or suffering 1,558
from any physical or mental disability or disease that prevents 1,559
him THE APPLICANT from exercising reasonable and ordinary control 1,561
over a motor vehicle while operating it upon a highway or is or 1,562
has been subject to any condition resulting in episodic 1,563
impairment of consciousness or loss of muscular control and, if 1,564
so, the nature and extent of the disability, disease, or 1,565
condition, and the names and addresses of the physicians 1,566
36
attending him THE APPLICANT; 1,567
(4) Whether the applicant has obtained a medical 1,569
examiner's certificate as required by this chapter; 1,570
(5) Whether the applicant has pending a citation for 1,572
violation of any motor vehicle law or ordinance except a parking 1,573
violation and, if so, a description of the citation, the court 1,574
having jurisdiction of the offense, and the date when the offense 1,575
occurred; 1,576
(6) Whether the applicant wishes to certify willingness to 1,578
make an anatomical donation under section 2108.04 of the Revised 1,579
Code, which shall be given no consideration in the issuance of a 1,580
license; 1,581
(7) On and after May 1, 1993, whether the applicant has 1,583
executed a valid durable power of attorney for health care 1,584
pursuant to sections 1337.11 to 1337.17 of the Revised Code or 1,585
has executed a declaration governing the use or continuation, or 1,586
the withholding or withdrawal, of life-sustaining treatment 1,587
pursuant to Chapter 2133. SECTIONS 2133.01 TO 2133.15 of the 1,589
Revised Code and, if the applicant has executed either type of 1,590
instrument, whether he THE APPLICANT wishes his THE license 1,591
ISSUED to indicate that he THE APPLICANT has executed the 1,592
instrument.
(B) Every applicant shall certify, on a form approved and 1,594
furnished by the registrar, all of the following: 1,595
(1) That the motor vehicle in which the applicant intends 1,597
to take the driving skills test is representative of the type of 1,598
motor vehicle that the applicant expects to operate as a driver; 1,599
(2) That the applicant is not subject to any 1,601
disqualification or out-of-service order, or license suspension, 1,602
revocation, or cancellation, under the laws of this state, of 1,603
another state, or of a foreign jurisdiction and does not have 1,604
more than one driver's license issued by this or another state or 1,605
a foreign jurisdiction; 1,606
(3) Any additional information, certification, or evidence 1,608
37
that the registrar requires by rule in order to ensure that the 1,609
issuance of a commercial driver's license to the applicant is in 1,610
compliance with the law of this state and with federal law. 1,611
(C) Every applicant shall execute a form, approved and 1,613
furnished by the registrar, under which the applicant consents to 1,614
the release by the registrar of information from the applicant's 1,615
driving record. 1,616
(D) The registrar or a deputy registrar shall, in 1,618
accordance with section 3503.11 of the Revised Code, SHALL 1,620
register as an elector any applicant for a commercial driver's 1,621
license or for a renewal or duplicate of such a license under 1,622
this chapter, if the applicant is eligible and wishes to be 1,623
registered as an elector. The decision of an applicant whether 1,624
to register as an elector shall be given no consideration in the 1,625
decision of whether to issue him THE APPLICANT a license or a 1,626
renewal or duplicate.
(E) The registrar or a deputy registrar shall, in 1,628
accordance with section 3503.11 of the Revised Code, SHALL offer 1,630
the opportunity of completing a notice of change of residence or 1,631
change of name to any applicant for a commercial driver's license 1,633
or for a renewal or duplicate of such a license who is a resident 1,634
of this state, if the applicant is a registered elector who has 1,635
changed his THE APPLICANT'S residence or name and has not filed 1,636
such a notice.
Sec. 4507.06. (A)(1) Every application for a driver's 1,645
license or motorcycle operator's license or endorsement, or 1,646
duplicate of any such license or endorsement, shall be made upon 1,647
the approved form furnished by the registrar of motor vehicles 1,648
and shall be signed by the applicant. 1,649
Every application shall state the following: 1,651
(a) The applicant's name, date of birth, social security 1,653
number if such has been assigned, sex, general description, 1,654
including height, weight, color of hair, and eyes, residence 1,655
address, including county of residence, duration of residence in 1,656
38
this state, and country of citizenship; 1,657
(b) Whether the applicant previously has been licensed as 1,659
an operator, chauffeur, driver, commercial driver, or motorcycle 1,660
operator and, if so, when, by what state, and whether such 1,661
license is suspended or revoked at the present time and, if so, 1,662
the date of and reason for the suspension or revocation; 1,663
(c) Whether the applicant is now or ever has been 1,665
afflicted with epilepsy, or whether the applicant now is 1,666
suffering from any physical or mental disability or disease and, 1,667
if so, the nature and extent of the disability or disease, giving 1,668
the names and addresses of physicians then or previously in 1,669
attendance upon the applicant; 1,670
(d) Whether an applicant for a duplicate driver's license, 1,672
or duplicate license containing a motorcycle operator endorsement 1,673
has pending a citation for violation of any motor vehicle law or 1,674
ordinance, a description of any such citation pending, and the 1,675
date of the citation; 1,676
(e) Whether the applicant wishes to certify willingness to 1,678
make an anatomical gift under section 2108.04 of the Revised 1,679
Code, which shall be given no consideration in the issuance of a 1,680
license or endorsement; 1,681
(f) On and after May 1, 1993, whether the applicant has 1,683
executed a valid durable power of attorney for health care 1,684
pursuant to sections 1337.11 to 1337.17 of the Revised Code or 1,685
has executed a declaration governing the use or continuation, or 1,686
the withholding or withdrawal, of life-sustaining treatment 1,687
pursuant to Chapter 2133. SECTIONS 2133.01 TO 2133.15 of the 1,689
Revised Code and, if the applicant has executed either type of 1,690
instrument, whether the applicant wishes the applicant's license 1,692
to indicate that the applicant has executed the instrument. 1,694
(2) Every applicant for a driver's license shall be 1,696
photographed in color at the time the application for the license 1,697
is made. The application shall state any additional information 1,698
that the registrar requires. 1,699
39
(B) The registrar or a deputy registrar, in accordance 1,701
with section 3503.11 of the Revised Code, shall register as an 1,702
elector any person who applies for a driver's license or 1,703
motorcycle operator's license or endorsement under division (A) 1,704
of this section, or for a renewal or duplicate of the license or 1,705
endorsement, if the applicant is eligible and wishes to be 1,706
registered as an elector. The decision of an applicant whether 1,707
to register as an elector shall be given no consideration in the 1,708
decision of whether to issue the applicant a license or 1,709
endorsement, or a renewal or duplicate.
(C) The registrar or a deputy registrar, in accordance 1,711
with section 3503.11 of the Revised Code, shall offer the 1,712
opportunity of completing a notice of change of residence or 1,713
change of name to any applicant for a driver's license or 1,715
endorsement under division (A) of this section, or for a renewal 1,716
or duplicate of the license or endorsement, if the applicant is a 1,717
registered elector who has changed the applicant's residence or 1,718
name and has not filed such a notice. 1,719
Sec. 4507.51. (A)(1) Every application for an 1,728
identification card or duplicate shall be made on a form 1,729
furnished by the registrar of motor vehicles, shall be signed by 1,730
the applicant, and by his THE APPLICANT'S parent or guardian if 1,731
the applicant is under eighteen years of age, and shall contain 1,733
the following information pertaining to the applicant: name, 1,734
date of birth, sex, general description including the applicant's 1,735
height, weight, hair color, and eye color, address, and at the 1,736
option of the applicant, his THE APPLICANT'S social security 1,737
number, his THE APPLICANT'S blood type, or his THE APPLICANT'S 1,739
social security number and his blood type. The application form 1,740
shall state that an applicant is not required to furnish his THE 1,741
APPLICANT'S social security number or his THE APPLICANT'S blood 1,743
type. The application shall also state whether an applicant 1,744
wishes to certify willingness to make an anatomical gift under 1,745
section 2108.04 of the Revised Code and shall include information 1,746
40
about the requirements of that section that apply to persons who 1,747
are less than eighteen years of age. The statement regarding 1,748
willingness to make such a donation shall be given no 1,750
consideration in the decision of whether to issue an 1,751
identification card. Each applicant shall be photographed in 1,752
color at the time of making application.
(2) On and after May 1, 1993, the application also shall 1,754
state whether the applicant has executed a valid durable power of 1,756
attorney for health care pursuant to sections 1337.11 to 1337.17
of the Revised Code or has executed a declaration governing the 1,757
use or continuation, or the withholding or withdrawal, of 1,758
life-sustaining treatment pursuant to Chapter 2133. SECTIONS 1,759
2133.01 TO 2133.15 of the Revised Code and, if the applicant has 1,760
executed either type of instrument, whether he THE APPLICANT 1,762
wishes his THE identification card ISSUED to indicate that he THE 1,763
APPLICANT has executed the instrument. 1,764
(3) The registrar or deputy registrar, in accordance with 1,766
section 3503.11 of the Revised Code, shall register as an elector 1,768
any person who applies for an identification card or duplicate if 1,769
the applicant is eligible and wishes to be registered as an 1,770
elector. The decision of an applicant whether to register as an 1,771
elector shall be given no consideration in the decision of 1,772
whether to issue him THE APPLICANT an identification card or 1,773
duplicate.
(B) The application for an identification card or 1,775
duplicate shall be filed in the office of the registrar or deputy 1,777
registrar. Each applicant shall present documentary evidence as
required by the registrar of his THE APPLICANT'S age and 1,778
identity. Each applicant who did not enter his OR HER social 1,779
security number on his OR HER application form, upon request, 1,781
shall furnish the registrar or the deputy registrar with the 1,782
applicant's social security number, if such a number has been 1,784
assigned to the applicant, for purposes of determining whether a 1,786
driver's or commercial driver's license has been issued under the 1,787
41
same social security number. The registrar or deputy registrar 1,788
shall not maintain the social security number as a part of the 1,789
record or enter it on the application form. The applicant shall 1,790
swear that all information given is true. 1,791
All applications for an identification card or duplicate 1,793
shall be filed in duplicate, and if submitted to a deputy 1,794
registrar, a copy shall be forwarded to the registrar. The 1,795
registrar shall prescribe rules for the manner in which a deputy 1,796
registrar is to file and maintain applications and other records. 1,797
The registrar shall maintain a suitable, indexed record of all 1,798
applications denied and cards issued or canceled. 1,799
Section 2. That existing sections 1337.12, 2133.01, 1,801
2133.02, 2133.03, 2133.07, 2133.10, 2133.12, 2133.13, 2133.14, 1,802
2133.15, 3721.17, 4506.07, 4507.06, and 4507.51 of the Revised 1,803
Code are hereby repealed. 1,804
Section 3. That Section 3 of Am. Sub. S.B. 1 of the 119th 1,806
General Assembly be amended to read as follows: 1,807
"Sec. 3. Chapter 2133. of the Revised Code, as enacted 1,809
AMENDED by this act, shall be entitled the Modified Uniform 1,810
Rights of the Terminally Ill Act AND THE DNR IDENTIFICATION AND 1,812
DO-NOT-RESUSCITATE ORDER LAW."
Section 4. That existing Section 3 of Am. Sub. S.B. 1 of 1,814
the 119th General Assembly is hereby repealed. 1,815