As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 494 5
1999-2000 6
REPRESENTATIVE WOMER BENJAMIN 8
_________________________________________________________________ 9
A B I L L
To amend sections 1337.12, 1337.13, 1337.17, and 11
2133.02 of the Revised Code to require that 13
certain statements in a living will or a durable 14
power of attorney for health care be in 15
conspicuous type instead of capital letters and
to make other changes in the form of living wills 16
and durable powers of attorney for health care. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 1337.12, 1337.13, 1337.17, and 21
2133.02 of the Revised Code be amended to read as follows: 23
Sec. 1337.12. (A)(1) An adult who is of sound mind 32
voluntarily may create a valid durable power of attorney for 33
health care by executing a durable power of attorney, in 34
accordance with division (B) of section 1337.09 of the Revised 35
Code, that authorizes an attorney in fact as described in 36
division (A)(2) of this section to make health care decisions for 37
the principal at any time that the attending physician of the 38
principal determines that the principal has lost the capacity to 40
make informed health care decisions for the principal. Except as 41
otherwise provided in divisions (B) to (F) of section 1337.13 of 42
the Revised Code, the authorization may include the right to give 43
informed consent, to refuse to give informed consent, or to 44
withdraw informed consent to any health care that is being or 45
could be provided to the principal. Additionally, to be valid, a 46
durable power of attorney for health care shall satisfy both of 47
the following: 48
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(a) It shall be signed AT THE END OF THE INSTRUMENT by the 50
principal and SHALL state the date of its execution. 52
(b) It shall be witnessed in accordance with division (B) 54
of this section or be acknowledged by the principal in accordance 55
with division (C) of this section. 56
(2) Except as otherwise provided in this division, a 58
durable power of attorney for health care may designate any 59
competent adult as the attorney in fact. The attending physician 60
of the principal and an administrator of any nursing home in 61
which the principal is receiving care shall not be designated as 62
an attorney in fact in, or act as an attorney in fact pursuant 63
to, a durable power of attorney for health care. An employee or 64
agent of the attending physician of the principal and an employee 65
or agent of any health care facility in which the principal is 66
being treated shall not be designated as an attorney in fact in, 67
or act as an attorney in fact pursuant to, a durable power of 68
attorney for health care, except that these limitations do not 69
preclude a principal from designating either type of employee or 70
agent as the principal's attorney in fact if the individual is a 72
competent adult and related to the principal by blood, marriage, 73
or adoption, or if the individual is a competent adult and the 74
principal and the individual are members of the same religious 75
order. 76
(3) A durable power of attorney for health care shall not 78
expire, unless the principal specifies an expiration date in the 79
instrument. However, when a durable power of attorney contains 80
an expiration date, if the principal lacks the capacity to make 81
informed health care decisions for the principal on the 82
expiration date, the instrument shall continue in effect until 84
the principal regains the capacity to make informed health care 85
decisions for the principal. 86
(B) If witnessed for purposes of division (A)(1)(b) of 88
this section, a durable power of attorney for health care shall 89
be witnessed by at least two individuals who are adults and who 90
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are not ineligible to be witnesses under this division. Any 91
person who is related to the principal by blood, marriage, or 92
adoption, any person who is designated as the attorney in fact in 93
the instrument, the attending physician of the principal, and the 94
administrator of any nursing home in which the principal is 95
receiving care are ineligible to be witnesses. 96
The witnessing of a durable power of attorney for health 98
care shall involve the principal signing, or acknowledging the 100
principal's signature on, AT THE END OF the instrument in the 101
presence of each witness. Then, each witness shall subscribe the
witness's signature on the durable power of attorney for health 103
care AFTER THE SIGNATURE OF THE PRINCIPAL and, by doing so, 104
attest to the witness's belief that the principal appears to be 105
of sound mind and not under or subject to duress, fraud, or undue 106
influence. THE SIGNATURES OF THE PRINCIPAL AND THE WITNESSES 107
UNDER THIS DIVISION ARE NOT REQUIRED TO APPEAR ON THE SAME PAGE 108
OF THE INSTRUMENT.
(C) If acknowledged for purposes of division (A)(1)(b) of 110
this section, a durable power of attorney for health care shall 111
be acknowledged before a notary public, who shall make the 112
certification described in section 147.53 of the Revised Code and 113
also shall attest that the principal appears to be of sound mind 114
and not under or subject to duress, fraud, or undue influence. 115
(D)(1) If a principal has both a valid durable power of 118
attorney for health care and a valid declaration, division (B) of 119
section 2133.03 of the Revised Code applies. If a principal has 122
both a valid durable power of attorney for health care and a DNR 123
identification that is based upon a valid declaration and if the 124
declaration supersedes the durable power of attorney for health 125
care under division (B) of section 2133.03 of the Revised Code, 128
the DNR identification supersedes the durable power of attorney 130
for health care to the extent of any conflict between the two. A 131
valid durable power of attorney for health care supersedes any 132
DNR identification that is based upon a do-not-resuscitate order 133
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that a physician issued for the principal which is inconsistent 135
with the durable power of attorney for health care or a valid 136
decision by the attorney in fact under a durable power of
attorney. 137
(2) As used in division (D) of this section: 139
(a) "Declaration" has the same meaning as in section 141
2133.01 of the Revised Code. 142
(b) "Do-not-resuscitate order" and "DNR identification" 144
have the same meanings as in section 2133.21 of the Revised Code. 145
Sec. 1337.13. (A)(1) An attorney in fact under a durable 154
power of attorney for health care shall make health care 155
decisions for the principal only if the instrument substantially 156
complies with section 1337.12 of the Revised Code and 157
specifically authorizes the attorney in fact to make health care 158
decisions for the principal, and only if the attending physician 159
of the principal determines that he THE PRINCIPAL has lost the 160
capacity to make informed health care decisions for himself THE 162
PRINCIPAL. Except as otherwise provided in divisions (B) to (F) 164
of this section and subject to any specific limitations in the 165
instrument, the attorney in fact may make health care decisions 166
for the principal to the same extent as the principal could make 167
those decisions for himself THE PRINCIPAL if he THE PRINCIPAL had 169
the capacity to do so. Except as otherwise provided in divisions 171
(B) to (F) of this section, in exercising his THAT authority, the 172
attorney in fact shall act consistently with the desires of the 173
principal or, if the desires of the principal are unknown, shall 174
act in the best interest of the principal.
(2) This section does not affect, and shall not be 176
construed as affecting, any right that the person designated as 177
attorney in fact in a durable power of attorney for health care 178
may have, apart from the instrument, to make or participate in 179
the making of health care decisions on behalf of the principal. 180
(3) Unless the right is limited in a durable power of 182
attorney for health care, when acting pursuant to the instrument, 183
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the attorney in fact has the same right as the principal to 184
receive information about proposed health care, to review health 185
care records, and to consent to the disclosure of health care 186
records. 187
(B)(1) An attorney in fact under a durable power of 189
attorney for health care does not have authority, on behalf of 190
the principal, to refuse or withdraw informed consent to 191
life-sustaining treatment, unless the principal is in a terminal 192
condition or in a permanently unconscious state and unless the 193
applicable requirements of divisions (B)(2) and (3) of this 194
section are satisfied. 195
(2) In order for an attorney in fact to refuse or withdraw 197
informed consent to life-sustaining treatment for a principal who 198
is in a permanently unconscious state, the consulting physician 199
associated with the determination that the principal is in the 200
permanently unconscious state shall be a physician who, by virtue 201
of advanced education or training, of a practice limited to 202
particular diseases, illnesses, injuries, therapies, or branches 203
of medicine and surgery or osteopathic medicine and surgery, of 204
certification as a specialist in a particular branch of medicine 205
or surgery or osteopathic medicine and surgery, or of experience 206
acquired in the practice of medicine and surgery or osteopathic 207
medicine and surgery, is qualified to determine whether the 208
principal is in a permanently unconscious state. 209
(3) In order for an attorney in fact to refuse or withdraw 211
informed consent to life-sustaining treatment for a principal who 212
is in a terminal condition or in a permanently unconscious state, 213
the attending physician of the principal shall determine, in good 214
faith, to a reasonable degree of medical certainty, and in 215
accordance with reasonable medical standards, that there is no 216
reasonable possibility that the principal will regain the 217
capacity to make informed health care decisions for himself THE 218
PRINCIPAL. 219
(C) Except as otherwise provided in this division, an 221
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attorney in fact under a durable power of attorney for health 222
care does not have authority, on behalf of the principal, to 223
refuse or withdraw informed consent to health care necessary to 224
provide comfort care. This division does not preclude, and shall 225
not be construed as precluding, an attorney in fact under a 226
durable power of attorney for health care from refusing or 227
withdrawing informed consent to the provision of nutrition or 228
hydration to the principal if, under the circumstances described 229
in division (E) of this section, the attorney in fact would not 230
be prohibited from refusing or withdrawing informed consent to 231
the provision of nutrition or hydration to the principal. 232
(D) An attorney in fact under a durable power of attorney 234
for health care does not have authority to refuse or withdraw 235
informed consent to health care for a principal who is pregnant 236
if the refusal or withdrawal of the health care would terminate 237
the pregnancy, unless the pregnancy or the health care would pose 238
a substantial risk to the life of the principal, or unless the 239
principal's attending physician and at least one other physician 240
who has examined the principal determine, to a reasonable degree 241
of medical certainty and in accordance with reasonable medical 242
standards, that the fetus would not be born alive. 243
(E) An attorney in fact under a durable power of attorney 245
for health care does not have authority to refuse or withdraw 246
informed consent to the provision of nutrition or hydration to 247
the principal, unless the principal is in a terminal condition or 248
in a permanently unconscious state and unless the following 249
apply: 250
(1) The principal's attending physician and at least one 252
other physician who has examined the principal determine, to a 253
reasonable degree of medical certainty and in accordance with 254
reasonable medical standards, that nutrition or hydration will 255
not or no longer will serve to provide comfort to, or alleviate 256
pain of, the principal. 257
(2) If the principal is in a permanently unconscious 259
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state, the principal has authorized the attorney in fact to 260
refuse or withdraw informed consent to the provision of nutrition 261
or hydration to him THE PRINCIPAL when he THE PRINCIPAL is in a 263
permanently unconscious state by doing both of the following in 264
the durable power of attorney for health care: 265
(a) Including a statement in capital letters CONSPICUOUS 267
TYPE that the attorney in fact may refuse or withdraw informed 269
consent to the provision of nutrition or hydration to the 270
principal if he THE PRINCIPAL is in a permanently unconscious 272
state and if the determination described in division (E)(1) of 273
this section is made, or checking or otherwise marking a box or 274
line that is adjacent to a similar statement on a printed form of 275
a durable power of attorney for health care; 276
(b) Placing his THE PRINCIPAL'S initials or signature 278
underneath or adjacent to the statement, check, or other mark 280
described in division (E)(2)(a) of this section. 281
(3) If the principal is in a permanently unconscious 283
state, his THE PRINCIPAL'S attending physician determines, in 284
good faith, that the principal authorized the attorney in fact to 286
refuse or withdraw informed consent to the provision of nutrition 287
or hydration to him THE PRINCIPAL when he THE PRINCIPAL is in a 289
permanently unconscious state by complying with the requirements 290
of divisions (E)(2)(a) and (b) of this section. 291
(F) An attorney in fact under a durable power of attorney 293
for health care does not have authority to withdraw informed 294
consent to any health care to which the principal previously 295
consented, unless at least one of the following applies: 296
(1) A change in the physical condition of the principal 298
has significantly decreased the benefit of that health care to 299
the principal. 300
(2) The health care is not, or is no longer, significantly 302
effective in achieving the purposes for which the principal 303
consented to its use. 304
Sec. 1337.17. A printed form of durable power of attorney 313
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for health care may be sold or otherwise distributed in this 314
state for use by adults who are not advised by an attorney. By 315
use of such a printed form, a principal may authorize an attorney 316
in fact to make health care decisions on his THE PRINCIPAL'S 317
behalf, but the printed form shall not be used as an instrument 319
for granting authority for any other decisions. Any printed form 320
that is sold or otherwise distributed in this state for the 321
purpose described in this section shall include the following 322
notice:
"Notice to Adult Executing This Document 323
This is an important legal document. Before executing this 325
document, you should know these facts: 326
This document gives the person you designate (the attorney 328
in fact) the power to make most* health care decisions for you if 329
you lose the capacity to make informed health care decisions for 330
yourself. This power is effective only when your attending 331
physician determines that you have lost the capacity to make 332
informed health care decisions for yourself and, notwithstanding 333
this document, as long as you have the capacity to make informed 334
health care decisions for yourself, you retain the right to make 335
all medical and other health care decisions for yourself. 336
You may include specific limitations in this document on 338
the authority of the attorney in fact to make health care 339
decisions for you. 340
Subject to any specific limitations you include in this 342
document, if your attending physician determines that you have 343
lost the capacity to make an informed decision on a health care 344
matter, the attorney in fact generally* will be authorized by 345
this document to make health care decisions for you to the same 346
extent as you could make those decisions yourself, if you had the 347
capacity to do so. The authority of the attorney in fact to make 348
health care decisions for you generally* will include the 349
authority to give informed consent, to refuse to give informed 350
consent, or to withdraw informed consent to any care, treatment, 351
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service, or procedure to maintain, diagnose, or treat a physical 352
or mental condition. 353
However*, even if the attorney in fact has general 355
authority to make health care decisions for you under this 356
document, the attorney in fact never* will be authorized to do 357
any of the following: 358
(1) Refuse or withdraw informed consent to life-sustaining 360
treatment (unless your attending physician and one other 361
physician who examines you determine, to a reasonable degree of 362
medical certainty and in accordance with reasonable medical 363
standards, that either of the following applies: 364
(a) You are suffering from an irreversible, incurable, and 366
untreatable condition caused by disease, illness, or injury from 367
which (i) there can be no recovery and (ii) your death is likely 368
to occur within a relatively short time if life-sustaining 369
treatment is not administered, and your attending physician 370
additionally determines, to a reasonable degree of medical 371
certainty and in accordance with reasonable medical standards, 372
that there is no reasonable possibility that you will regain the 373
capacity to make informed health care decisions for yourself. 374
(b) You are in a state of permanent unconsciousness that 376
is characterized by you being irreversibly unaware of yourself 377
and your environment and by a total loss of cerebral cortical 378
functioning, resulting in you having no capacity to experience 379
pain or suffering, and your attending physician additionally 380
determines, to a reasonable degree of medical certainty and in 381
accordance with reasonable medical standards, that there is no 382
reasonable possibility that you will regain the capacity to make 383
informed health care decisions for yourself); 384
(2) Refuse or withdraw informed consent to health care 386
necessary to provide you with comfort care (except that, if he 387
THE ATTORNEY IN FACT is not prohibited from doing so under (4) 389
below, the attorney in fact could refuse or withdraw informed 390
consent to the provision of nutrition or hydration to you as 391
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described under (4) below). (You should understand that comfort 392
care is defined in Ohio law to mean artificially or 393
technologically administered sustenance (nutrition) or fluids 394
(hydration) when administered to diminish your pain or 395
discomfort, not to postpone your death, and any other medical or 396
nursing procedure, treatment, intervention, or other measure that 397
would be taken to diminish your pain or discomfort, not to 398
postpone your death. Consequently, if your attending physician 399
were to determine that a previously described medical or nursing 400
procedure, treatment, intervention, or other measure will not or 401
no longer will serve to provide comfort to you or alleviate your 402
pain, then, subject to (4) below, your attorney in fact would be 403
authorized to refuse or withdraw informed consent to the 404
procedure, treatment, intervention, or other measure.*); 405
(3) Refuse or withdraw informed consent to health care for 407
you if you are pregnant and if the refusal or withdrawal would 408
terminate the pregnancy (unless the pregnancy or health care 409
would pose a substantial risk to your life, or unless your 410
attending physician and at least one other physician who examines 411
you determine, to a reasonable degree of medical certainty and in 412
accordance with reasonable medical standards, that the fetus 413
would not be born alive); 414
(4) Refuse or withdraw informed consent to the provision 416
of artificially or technologically administered sustenance 417
(nutrition) or fluids (hydration) to you, unless: 418
(a) You are in a terminal condition or in a permanently 420
unconscious state. 421
(b) Your attending physician and at least one other 423
physician who has examined you determine, to a reasonable degree 424
of medical certainty and in accordance with reasonable medical 425
standards, that nutrition or hydration will not or no longer will 426
serve to provide comfort to you or alleviate your pain. 427
(c) If, but only if, you are in a permanently unconscious 429
state, you authorize the attorney in fact to refuse or withdraw 430
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informed consent to the provision of nutrition or hydration to 431
you by doing both of the following in this document: 432
(i) Including a statement in capital letters CONSPICUOUS 434
TYPE that the attorney in fact may refuse or withdraw informed 436
consent to the provision of nutrition or hydration to you if you 437
are in a permanently unconscious state and if the determination 438
that nutrition or hydration will not or no longer will serve to 439
provide comfort to you or alleviate your pain is made, or 440
checking or otherwise marking a box or line (if any) that is 441
adjacent to a similar statement on this document; 442
(ii) Placing your initials or signature underneath or 444
adjacent to the statement, check, or other mark previously 445
described. 446
(d) Your attending physician determines, in good faith, 448
that you authorized the attorney in fact to refuse or withdraw 449
informed consent to the provision of nutrition or hydration to 450
you if you are in a permanently unconscious state by complying 451
with the requirements of (4)(c)(i) and (ii) above. 452
(5) Withdraw informed consent to any health care to which 454
you previously consented, unless a change in your physical 455
condition has significantly decreased the benefit of that health 456
care to you, or unless the health care is not, or is no longer, 457
significantly effective in achieving the purposes for which you 458
consented to its use. 459
Additionally, when exercising his authority to make health 461
care decisions for you, the attorney in fact will have to act 462
consistently with your desires or, if your desires are unknown, 463
to act in your best interest. You may express your desires to 464
the attorney in fact by including them in this document or by 465
making them known to him THE ATTORNEY IN FACT in another manner. 466
When acting pursuant to this document, the attorney in fact 468
generally* will have the same rights that you have to receive 469
information about proposed health care, to review health care 470
records, and to consent to the disclosure of health care records. 471
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You can limit that right in this document if you so choose. 472
Generally, you may designate any competent adult as the 474
attorney in fact under this document. However, you cannot* 475
designate your attending physician or the administrator of any 476
nursing home in which you are receiving care as the attorney in 477
fact under this document. Additionally, you cannot* designate an 478
employee or agent of your attending physician, or an employee or 479
agent of a health care facility at which you are being treated, 480
as the attorney in fact under this document, unless either type 481
of employee or agent is a competent adult and related to you by 482
blood, marriage, or adoption, or unless either type of employee 483
or agent is a competent adult and you and the employee or agent 484
are members of the same religious order. 485
This document has no expiration date under Ohio law, but 487
you may choose to specify a date upon which your durable power of 488
attorney for health care generally will expire. However, if you 489
specify an expiration date and then lack the capacity to make 490
informed health care decisions for yourself on that date, the 491
document and the power it grants to your attorney in fact will 492
continue in effect until you regain the capacity to make informed 493
health care decisions for yourself. 494
You have the right to revoke the designation of the 496
attorney in fact and the right to revoke this entire document at 497
any time and in any manner. Any such revocation generally will 498
be effective when you express your intention to make the 499
revocation. However, if you made your attending physician aware 500
of this document, any such revocation will be effective only when 501
you communicate it to your attending physician, or when a witness 502
to the revocation or other health care personnel to whom the 503
revocation is communicated by such a witness communicate it to 504
your attending physician. 505
If you execute this document and create a valid durable 507
power of attorney for health care with it, it will revoke any 508
prior, valid durable power of attorney for health care that you 509
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created, unless you indicate otherwise in this document. 510
This document is not valid as a durable power of attorney 512
for health care unless it is acknowledged before a notary public 513
or is signed by at least two adult witnesses who are present when 514
you sign or acknowledge your signature. No person who is related 515
to you by blood, marriage, or adoption may be a witness. The 516
attorney in fact, your attending physician, and the administrator 517
of any nursing home in which you are receiving care also are 518
ineligible to be witnesses. 519
If there is anything in this document that you do not 521
understand, you should ask your lawyer to explain it to you." 522
In the preceding notice, the single words, and the two 524
sentences in the second set of parentheses in paragraph (2), 525
followed by an asterisk and all of paragraph (4) should SHALL 526
appear in the printed form in capital letters CONSPICUOUS TYPE. 528
Sec. 2133.02. (A)(1) An adult who is of sound mind 537
voluntarily may execute at any time a declaration governing the 538
use or continuation, or the withholding or withdrawal, of 539
life-sustaining treatment. The declaration shall be signed AT 540
THE END by the declarant or by another individual at the 541
direction of the declarant, state the date of its execution, and 542
either be witnessed as described in division (B)(1) of this 543
section or be acknowledged by the declarant in accordance with 544
division (B)(2) of this section. The declaration may include a 545
designation by the declarant of one or more persons who are to be 546
notified by the declarant's attending physician at any time that 547
life-sustaining treatment would be withheld or withdrawn pursuant 548
to the declaration. The declaration may include a specific 549
authorization for the use or continuation or the withholding or 550
withdrawal of CPR, but the failure to include a specific 552
authorization for the withholding or withdrawal of CPR does not 553
preclude the withholding or withdrawal of CPR in accordance with 554
sections 2133.01 to 2133.15 or sections 2133.21 to 2133.26 of the 555
Revised Code.
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(2) Depending upon whether the declarant intends the 557
declaration to apply when the declarant is in a terminal 558
condition, in a permanently unconscious state, or in either a 560
terminal condition or a permanently unconscious state, the 561
declarant's declaration shall use either or both of the terms 563
"terminal condition" and "permanently unconscious state" and 564
shall define or otherwise explain those terms in capital letters 565
and in a manner that is substantially consistent with the 566
provisions of section 2133.01 of the Revised Code. 567
(3)(a) If a declarant who has authorized the withholding 569
or withdrawal of life-sustaining treatment intends that the 570
declarant's attending physician withhold or withdraw nutrition or 571
hydration when the declarant is in a permanently unconscious 573
state and when the nutrition and hydration will not or no longer 574
will serve to provide comfort to the declarant or alleviate the 576
declarant's pain, then the declarant shall authorize the 577
declarant's attending physician to withhold or withdraw nutrition 578
or hydration when the declarant is in the permanently unconscious 579
state by doing both of the following in the declaration: 580
(i) Including a statement in capital letters CONSPICUOUS 582
TYPE that the declarant's attending physician may withhold or 584
withdraw nutrition and hydration if the declarant is in a 585
permanently unconscious state and if the declarant's attending 586
physician and at least one other physician who has examined the 588
declarant determine, to a reasonable degree of medical certainty 590
and in accordance with reasonable medical standards, that 591
nutrition or hydration will not or no longer will serve to
provide comfort to the declarant or alleviate the declarant's 593
pain, or checking or otherwise marking a box or line that is 594
adjacent to a similar statement on a printed form of a 595
declaration;
(ii) Placing the declarant's initials or signature 597
underneath or adjacent to the statement, check, or other mark 599
described in division (A)(3)(a)(i) of this section. 600
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(b) Division (A)(3)(a) of this section does not apply to 602
the extent that a declaration authorizes the withholding or 603
withdrawal of life-sustaining treatment when a declarant is in a 604
terminal condition. The provisions of division (E) of section 605
2133.12 of the Revised Code pertaining to comfort care shall 606
apply to a declarant in a terminal condition. 607
(B)(1) If witnessed for purposes of division (A) of this 609
section, a declaration shall be witnessed by two individuals as 610
described in this division in whose presence the declarant, or 611
another individual at the direction of the declarant, signed the 612
declaration. The witnesses to a declaration shall be adults who 613
are not related to the declarant by blood, marriage, or adoption, 614
who are not the attending physician of the declarant, and who are 615
not the administrator of any nursing home in which the declarant 616
is receiving care. Each witness shall subscribe the witness' 618
signature on the declaration AFTER THE SIGNATURE OF THE DECLARANT 619
OR OTHER INDIVIDUAL AT THE DIRECTION OF THE DECLARANT and, by 620
doing so, attest to the witness' belief that the declarant 622
appears to be of sound mind and not under or subject to duress,
fraud, or undue influence. THE SIGNATURES OF THE DECLARANT OR 623
OTHER INDIVIDUAL AT THE DIRECTION OF THE DECLARANT UNDER DIVISION 624
(A) OF THIS SECTION AND OF THE WITNESSES UNDER THIS DIVISION ARE 625
NOT REQUIRED TO APPEAR ON THE SAME PAGE OF THE DECLARATION. 626
(2) If acknowledged for purposes of division (A) of this 628
section, a declaration shall be acknowledged before a notary 629
public, who shall make the certification described in section 630
147.53 of the Revised Code and also shall attest that the 631
declarant appears to be of sound mind and not under or subject to 632
duress, fraud, or undue influence. 633
(C) An attending physician, or other health care personnel 635
acting under the direction of an attending physician, who is 636
furnished a copy of a declaration shall make it a part of the 637
declarant's medical record and, when section 2133.05 of the 638
Revised Code is applicable, also shall comply with that section. 639
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(D)(1) Subject to division (D)(2) of this section, an 641
attending physician of a declarant or a health care facility in 642
which a declarant is confined may refuse to comply or allow 643
compliance with the declarant's declaration on the basis of a 644
matter of conscience or on another basis. An employee or agent 645
of an attending physician of a declarant or of a health care 646
facility in which a declarant is confined may refuse to comply 647
with the declarant's declaration on the basis of a matter of 648
conscience. 649
(2) If an attending physician of a declarant or a health 651
care facility in which a declarant is confined is not willing or 652
not able to comply or allow compliance with the declarant's 653
declaration, the physician or facility promptly shall so advise 654
the declarant and comply with the provisions of section 2133.10 655
of the Revised Code, or, if the declaration has become operative 656
as described in division (A) of section 2133.03 of the Revised 657
Code, shall comply with the provisions of section 2133.10 of the 658
Revised Code. 659
(E) As used in this section, "CPR" has the same meaning as 662
in section 2133.21 of the Revised Code.
Section 2. That existing sections 1337.12, 1337.13, 664
1337.17, and 2133.02 of the Revised Code are hereby repealed. 666