As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 494 5
1999-2000 6
REPRESENTATIVES WOMER BENJAMIN-SALERNO-DePIERO-SULZER- 8
WILLAMOWSKI-JERSE-PETERSON-SUTTON-TERWILLEGER-VESPER- 9
MOTTLEY-HARTNETT-AUSTRIA-D. MILLER-BARRETT-SMITH- TIBERI- 11
SENATORS LATTA-DRAKE-SPADA-FINGERHUT
_________________________________________________________________ 13
A B I L L
To amend sections 1337.12, 1337.13, 1337.17, and 15
2133.02 of the Revised Code to require that 17
certain statements in a living will or a durable 18
power of attorney for health care be in 19
conspicuous type or capital letters and to make
other changes in the form of living wills and 20
durable powers of attorney for health care. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 1337.12, 1337.13, 1337.17, and 25
2133.02 of the Revised Code be amended to read as follows: 27
Sec. 1337.12. (A)(1) An adult who is of sound mind 36
voluntarily may create a valid durable power of attorney for 37
health care by executing a durable power of attorney, in 38
accordance with division (B) of section 1337.09 of the Revised 39
Code, that authorizes an attorney in fact as described in 40
division (A)(2) of this section to make health care decisions for 41
the principal at any time that the attending physician of the 42
principal determines that the principal has lost the capacity to 44
make informed health care decisions for the principal. Except as 45
otherwise provided in divisions (B) to (F) of section 1337.13 of 46
the Revised Code, the authorization may include the right to give 47
informed consent, to refuse to give informed consent, or to 48
withdraw informed consent to any health care that is being or 49
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could be provided to the principal. Additionally, to be valid, a 50
durable power of attorney for health care shall satisfy both of 51
the following: 52
(a) It shall be signed AT THE END OF THE INSTRUMENT by the 54
principal and SHALL state the date of its execution. 56
(b) It shall be witnessed in accordance with division (B) 58
of this section or be acknowledged by the principal in accordance 59
with division (C) of this section. 60
(2) Except as otherwise provided in this division, a 62
durable power of attorney for health care may designate any 63
competent adult as the attorney in fact. The attending physician 64
of the principal and an administrator of any nursing home in 65
which the principal is receiving care shall not be designated as 66
an attorney in fact in, or act as an attorney in fact pursuant 67
to, a durable power of attorney for health care. An employee or 68
agent of the attending physician of the principal and an employee 69
or agent of any health care facility in which the principal is 70
being treated shall not be designated as an attorney in fact in, 71
or act as an attorney in fact pursuant to, a durable power of 72
attorney for health care, except that these limitations do not 73
preclude a principal from designating either type of employee or 74
agent as the principal's attorney in fact if the individual is a 76
competent adult and related to the principal by blood, marriage, 77
or adoption, or if the individual is a competent adult and the 78
principal and the individual are members of the same religious 79
order. 80
(3) A durable power of attorney for health care shall not 82
expire, unless the principal specifies an expiration date in the 83
instrument. However, when a durable power of attorney contains 84
an expiration date, if the principal lacks the capacity to make 85
informed health care decisions for the principal on the 86
expiration date, the instrument shall continue in effect until 88
the principal regains the capacity to make informed health care 89
decisions for the principal. 90
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(B) If witnessed for purposes of division (A)(1)(b) of 92
this section, a durable power of attorney for health care shall 93
be witnessed by at least two individuals who are adults and who 94
are not ineligible to be witnesses under this division. Any 95
person who is related to the principal by blood, marriage, or 96
adoption, any person who is designated as the attorney in fact in 97
the instrument, the attending physician of the principal, and the 98
administrator of any nursing home in which the principal is 99
receiving care are ineligible to be witnesses. 100
The witnessing of a durable power of attorney for health 102
care shall involve the principal signing, or acknowledging the 104
principal's signature on, AT THE END OF the instrument in the 105
presence of each witness. Then, each witness shall subscribe the
witness's signature on the durable power of attorney for health 107
care AFTER THE SIGNATURE OF THE PRINCIPAL and, by doing so, 108
attest to the witness's belief that the principal appears to be 109
of sound mind and not under or subject to duress, fraud, or undue 110
influence. THE SIGNATURES OF THE PRINCIPAL AND THE WITNESSES 111
UNDER THIS DIVISION ARE NOT REQUIRED TO APPEAR ON THE SAME PAGE 112
OF THE INSTRUMENT.
(C) If acknowledged for purposes of division (A)(1)(b) of 114
this section, a durable power of attorney for health care shall 115
be acknowledged before a notary public, who shall make the 116
certification described in section 147.53 of the Revised Code and 117
also shall attest that the principal appears to be of sound mind 118
and not under or subject to duress, fraud, or undue influence. 119
(D)(1) If a principal has both a valid durable power of 122
attorney for health care and a valid declaration, division (B) of 123
section 2133.03 of the Revised Code applies. If a principal has 126
both a valid durable power of attorney for health care and a DNR 127
identification that is based upon a valid declaration and if the 128
declaration supersedes the durable power of attorney for health 129
care under division (B) of section 2133.03 of the Revised Code, 132
the DNR identification supersedes the durable power of attorney 134
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for health care to the extent of any conflict between the two. A 135
valid durable power of attorney for health care supersedes any 136
DNR identification that is based upon a do-not-resuscitate order 137
that a physician issued for the principal which is inconsistent 139
with the durable power of attorney for health care or a valid 140
decision by the attorney in fact under a durable power of
attorney. 141
(2) As used in division (D) of this section: 143
(a) "Declaration" has the same meaning as in section 145
2133.01 of the Revised Code. 146
(b) "Do-not-resuscitate order" and "DNR identification" 148
have the same meanings as in section 2133.21 of the Revised Code. 149
Sec. 1337.13. (A)(1) An attorney in fact under a durable 158
power of attorney for health care shall make health care 159
decisions for the principal only if the instrument substantially 160
complies with section 1337.12 of the Revised Code and 161
specifically authorizes the attorney in fact to make health care 162
decisions for the principal, and only if the attending physician 163
of the principal determines that he THE PRINCIPAL has lost the 164
capacity to make informed health care decisions for himself THE 166
PRINCIPAL. Except as otherwise provided in divisions (B) to (F) 168
of this section and subject to any specific limitations in the 169
instrument, the attorney in fact may make health care decisions 170
for the principal to the same extent as the principal could make 171
those decisions for himself THE PRINCIPAL if he THE PRINCIPAL had 173
the capacity to do so. Except as otherwise provided in divisions 175
(B) to (F) of this section, in exercising his THAT authority, the 176
attorney in fact shall act consistently with the desires of the 177
principal or, if the desires of the principal are unknown, shall 178
act in the best interest of the principal.
(2) This section does not affect, and shall not be 180
construed as affecting, any right that the person designated as 181
attorney in fact in a durable power of attorney for health care 182
may have, apart from the instrument, to make or participate in 183
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the making of health care decisions on behalf of the principal. 184
(3) Unless the right is limited in a durable power of 186
attorney for health care, when acting pursuant to the instrument, 187
the attorney in fact has the same right as the principal to 188
receive information about proposed health care, to review health 189
care records, and to consent to the disclosure of health care 190
records. 191
(B)(1) An attorney in fact under a durable power of 193
attorney for health care does not have authority, on behalf of 194
the principal, to refuse or withdraw informed consent to 195
life-sustaining treatment, unless the principal is in a terminal 196
condition or in a permanently unconscious state and unless the 197
applicable requirements of divisions (B)(2) and (3) of this 198
section are satisfied. 199
(2) In order for an attorney in fact to refuse or withdraw 201
informed consent to life-sustaining treatment for a principal who 202
is in a permanently unconscious state, the consulting physician 203
associated with the determination that the principal is in the 204
permanently unconscious state shall be a physician who, by virtue 205
of advanced education or training, of a practice limited to 206
particular diseases, illnesses, injuries, therapies, or branches 207
of medicine and surgery or osteopathic medicine and surgery, of 208
certification as a specialist in a particular branch of medicine 209
or surgery or osteopathic medicine and surgery, or of experience 210
acquired in the practice of medicine and surgery or osteopathic 211
medicine and surgery, is qualified to determine whether the 212
principal is in a permanently unconscious state. 213
(3) In order for an attorney in fact to refuse or withdraw 215
informed consent to life-sustaining treatment for a principal who 216
is in a terminal condition or in a permanently unconscious state, 217
the attending physician of the principal shall determine, in good 218
faith, to a reasonable degree of medical certainty, and in 219
accordance with reasonable medical standards, that there is no 220
reasonable possibility that the principal will regain the 221
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capacity to make informed health care decisions for himself THE 222
PRINCIPAL. 223
(C) Except as otherwise provided in this division, an 225
attorney in fact under a durable power of attorney for health 226
care does not have authority, on behalf of the principal, to 227
refuse or withdraw informed consent to health care necessary to 228
provide comfort care. This division does not preclude, and shall 229
not be construed as precluding, an attorney in fact under a 230
durable power of attorney for health care from refusing or 231
withdrawing informed consent to the provision of nutrition or 232
hydration to the principal if, under the circumstances described 233
in division (E) of this section, the attorney in fact would not 234
be prohibited from refusing or withdrawing informed consent to 235
the provision of nutrition or hydration to the principal. 236
(D) An attorney in fact under a durable power of attorney 238
for health care does not have authority to refuse or withdraw 239
informed consent to health care for a principal who is pregnant 240
if the refusal or withdrawal of the health care would terminate 241
the pregnancy, unless the pregnancy or the health care would pose 242
a substantial risk to the life of the principal, or unless the 243
principal's attending physician and at least one other physician 244
who has examined the principal determine, to a reasonable degree 245
of medical certainty and in accordance with reasonable medical 246
standards, that the fetus would not be born alive. 247
(E) An attorney in fact under a durable power of attorney 249
for health care does not have authority to refuse or withdraw 250
informed consent to the provision of nutrition or hydration to 251
the principal, unless the principal is in a terminal condition or 252
in a permanently unconscious state and unless the following 253
apply: 254
(1) The principal's attending physician and at least one 256
other physician who has examined the principal determine, to a 257
reasonable degree of medical certainty and in accordance with 258
reasonable medical standards, that nutrition or hydration will 259
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not or no longer will serve to provide comfort to, or alleviate 260
pain of, the principal. 261
(2) If the principal is in a permanently unconscious 263
state, the principal has authorized the attorney in fact to 264
refuse or withdraw informed consent to the provision of nutrition 265
or hydration to him THE PRINCIPAL when he THE PRINCIPAL is in a 267
permanently unconscious state by doing both of the following in 268
the durable power of attorney for health care: 269
(a) Including a statement in capital letters OR OTHER 271
CONSPICUOUS TYPE, INCLUDING, BUT NOT LIMITED TO, A DIFFERENT 272
FONT, BIGGER TYPE, OR BOLDFACE TYPE, that the attorney in fact 275
may refuse or withdraw informed consent to the provision of 276
nutrition or hydration to the principal if he THE PRINCIPAL is in 277
a permanently unconscious state and if the determination 278
described in division (E)(1) of this section is made, or checking 279
or otherwise marking a box or line that is adjacent to a similar 280
statement on a printed form of a durable power of attorney for 281
health care; 282
(b) Placing his THE PRINCIPAL'S initials or signature 284
underneath or adjacent to the statement, check, or other mark 286
described in division (E)(2)(a) of this section. 287
(3) If the principal is in a permanently unconscious 289
state, his THE PRINCIPAL'S attending physician determines, in 290
good faith, that the principal authorized the attorney in fact to 292
refuse or withdraw informed consent to the provision of nutrition 293
or hydration to him THE PRINCIPAL when he THE PRINCIPAL is in a 295
permanently unconscious state by complying with the requirements 296
of divisions (E)(2)(a) and (b) of this section. 297
(F) An attorney in fact under a durable power of attorney 299
for health care does not have authority to withdraw informed 300
consent to any health care to which the principal previously 301
consented, unless at least one of the following applies: 302
(1) A change in the physical condition of the principal 304
has significantly decreased the benefit of that health care to 305
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the principal. 306
(2) The health care is not, or is no longer, significantly 308
effective in achieving the purposes for which the principal 309
consented to its use. 310
Sec. 1337.17. A printed form of durable power of attorney 319
for health care may be sold or otherwise distributed in this 320
state for use by adults who are not advised by an attorney. By 321
use of such a printed form, a principal may authorize an attorney 322
in fact to make health care decisions on his THE PRINCIPAL'S 323
behalf, but the printed form shall not be used as an instrument 325
for granting authority for any other decisions. Any printed form 326
that is sold or otherwise distributed in this state for the 327
purpose described in this section shall include the following 328
notice:
"Notice to Adult Executing This Document 329
This is an important legal document. Before executing this 331
document, you should know these facts: 332
This document gives the person you designate (the attorney 334
in fact) the power to make most* health care decisions for you if 335
you lose the capacity to make informed health care decisions for 336
yourself. This power is effective only when your attending 337
physician determines that you have lost the capacity to make 338
informed health care decisions for yourself and, notwithstanding 339
this document, as long as you have the capacity to make informed 340
health care decisions for yourself, you retain the right to make 341
all medical and other health care decisions for yourself. 342
You may include specific limitations in this document on 344
the authority of the attorney in fact to make health care 345
decisions for you. 346
Subject to any specific limitations you include in this 348
document, if your attending physician determines that you have 349
lost the capacity to make an informed decision on a health care 350
matter, the attorney in fact generally* will be authorized by 351
this document to make health care decisions for you to the same 352
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extent as you could make those decisions yourself, if you had the 353
capacity to do so. The authority of the attorney in fact to make 354
health care decisions for you generally* will include the 355
authority to give informed consent, to refuse to give informed 356
consent, or to withdraw informed consent to any care, treatment, 357
service, or procedure to maintain, diagnose, or treat a physical 358
or mental condition. 359
However*, even if the attorney in fact has general 361
authority to make health care decisions for you under this 362
document, the attorney in fact never* will be authorized to do 363
any of the following: 364
(1) Refuse or withdraw informed consent to life-sustaining 366
treatment (unless your attending physician and one other 367
physician who examines you determine, to a reasonable degree of 368
medical certainty and in accordance with reasonable medical 369
standards, that either of the following applies: 370
(a) You are suffering from an irreversible, incurable, and 372
untreatable condition caused by disease, illness, or injury from 373
which (i) there can be no recovery and (ii) your death is likely 374
to occur within a relatively short time if life-sustaining 375
treatment is not administered, and your attending physician 376
additionally determines, to a reasonable degree of medical 377
certainty and in accordance with reasonable medical standards, 378
that there is no reasonable possibility that you will regain the 379
capacity to make informed health care decisions for yourself. 380
(b) You are in a state of permanent unconsciousness that 382
is characterized by you being irreversibly unaware of yourself 383
and your environment and by a total loss of cerebral cortical 384
functioning, resulting in you having no capacity to experience 385
pain or suffering, and your attending physician additionally 386
determines, to a reasonable degree of medical certainty and in 387
accordance with reasonable medical standards, that there is no 388
reasonable possibility that you will regain the capacity to make 389
informed health care decisions for yourself); 390
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(2) Refuse or withdraw informed consent to health care 392
necessary to provide you with comfort care (except that, if he 393
THE ATTORNEY IN FACT is not prohibited from doing so under (4) 395
below, the attorney in fact could refuse or withdraw informed 396
consent to the provision of nutrition or hydration to you as 397
described under (4) below). (You should understand that comfort 398
care is defined in Ohio law to mean artificially or 399
technologically administered sustenance (nutrition) or fluids 400
(hydration) when administered to diminish your pain or 401
discomfort, not to postpone your death, and any other medical or 402
nursing procedure, treatment, intervention, or other measure that 403
would be taken to diminish your pain or discomfort, not to 404
postpone your death. Consequently, if your attending physician 405
were to determine that a previously described medical or nursing 406
procedure, treatment, intervention, or other measure will not or 407
no longer will serve to provide comfort to you or alleviate your 408
pain, then, subject to (4) below, your attorney in fact would be 409
authorized to refuse or withdraw informed consent to the 410
procedure, treatment, intervention, or other measure.*); 411
(3) Refuse or withdraw informed consent to health care for 413
you if you are pregnant and if the refusal or withdrawal would 414
terminate the pregnancy (unless the pregnancy or health care 415
would pose a substantial risk to your life, or unless your 416
attending physician and at least one other physician who examines 417
you determine, to a reasonable degree of medical certainty and in 418
accordance with reasonable medical standards, that the fetus 419
would not be born alive); 420
(4) Refuse or withdraw informed consent to the provision 422
of artificially or technologically administered sustenance 423
(nutrition) or fluids (hydration) to you, unless: 424
(a) You are in a terminal condition or in a permanently 426
unconscious state. 427
(b) Your attending physician and at least one other 429
physician who has examined you determine, to a reasonable degree 430
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of medical certainty and in accordance with reasonable medical 431
standards, that nutrition or hydration will not or no longer will 432
serve to provide comfort to you or alleviate your pain. 433
(c) If, but only if, you are in a permanently unconscious 435
state, you authorize the attorney in fact to refuse or withdraw 436
informed consent to the provision of nutrition or hydration to 437
you by doing both of the following in this document: 438
(i) Including a statement in capital letters OR OTHER 440
CONSPICUOUS TYPE, INCLUDING, BUT NOT LIMITED TO, A DIFFERENT 441
FONT, BIGGER TYPE, OR BOLDFACE TYPE, that the attorney in fact 444
may refuse or withdraw informed consent to the provision of 445
nutrition or hydration to you if you are in a permanently 446
unconscious state and if the determination that nutrition or 447
hydration will not or no longer will serve to provide comfort to 448
you or alleviate your pain is made, or checking or otherwise 449
marking a box or line (if any) that is adjacent to a similar 450
statement on this document;
(ii) Placing your initials or signature underneath or 452
adjacent to the statement, check, or other mark previously 453
described. 454
(d) Your attending physician determines, in good faith, 456
that you authorized the attorney in fact to refuse or withdraw 457
informed consent to the provision of nutrition or hydration to 458
you if you are in a permanently unconscious state by complying 459
with the requirements of (4)(c)(i) and (ii) above. 460
(5) Withdraw informed consent to any health care to which 462
you previously consented, unless a change in your physical 463
condition has significantly decreased the benefit of that health 464
care to you, or unless the health care is not, or is no longer, 465
significantly effective in achieving the purposes for which you 466
consented to its use. 467
Additionally, when exercising his authority to make health 469
care decisions for you, the attorney in fact will have to act 470
consistently with your desires or, if your desires are unknown, 471
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to act in your best interest. You may express your desires to 472
the attorney in fact by including them in this document or by 473
making them known to him THE ATTORNEY IN FACT in another manner. 474
When acting pursuant to this document, the attorney in fact 476
generally* will have the same rights that you have to receive 477
information about proposed health care, to review health care 478
records, and to consent to the disclosure of health care records. 479
You can limit that right in this document if you so choose. 480
Generally, you may designate any competent adult as the 482
attorney in fact under this document. However, you cannot* 483
designate your attending physician or the administrator of any 484
nursing home in which you are receiving care as the attorney in 485
fact under this document. Additionally, you cannot* designate an 486
employee or agent of your attending physician, or an employee or 487
agent of a health care facility at which you are being treated, 488
as the attorney in fact under this document, unless either type 489
of employee or agent is a competent adult and related to you by 490
blood, marriage, or adoption, or unless either type of employee 491
or agent is a competent adult and you and the employee or agent 492
are members of the same religious order. 493
This document has no expiration date under Ohio law, but 495
you may choose to specify a date upon which your durable power of 496
attorney for health care generally will expire. However, if you 497
specify an expiration date and then lack the capacity to make 498
informed health care decisions for yourself on that date, the 499
document and the power it grants to your attorney in fact will 500
continue in effect until you regain the capacity to make informed 501
health care decisions for yourself. 502
You have the right to revoke the designation of the 504
attorney in fact and the right to revoke this entire document at 505
any time and in any manner. Any such revocation generally will 506
be effective when you express your intention to make the 507
revocation. However, if you made your attending physician aware 508
of this document, any such revocation will be effective only when 509
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you communicate it to your attending physician, or when a witness 510
to the revocation or other health care personnel to whom the 511
revocation is communicated by such a witness communicate it to 512
your attending physician. 513
If you execute this document and create a valid durable 515
power of attorney for health care with it, it will revoke any 516
prior, valid durable power of attorney for health care that you 517
created, unless you indicate otherwise in this document. 518
This document is not valid as a durable power of attorney 520
for health care unless it is acknowledged before a notary public 521
or is signed by at least two adult witnesses who are present when 522
you sign or acknowledge your signature. No person who is related 523
to you by blood, marriage, or adoption may be a witness. The 524
attorney in fact, your attending physician, and the administrator 525
of any nursing home in which you are receiving care also are 526
ineligible to be witnesses. 527
If there is anything in this document that you do not 529
understand, you should ask your lawyer to explain it to you." 530
In the preceding notice, the single words, and the two 532
sentences in the second set of parentheses in paragraph (2), 533
followed by an asterisk and all of paragraph (4) should SHALL 534
appear in the printed form in capital letters OR OTHER 536
CONSPICUOUS TYPE, INCLUDING, BUT NOT LIMITED TO, A DIFFERENT 537
FONT, BIGGER TYPE, OR BOLDFACE TYPE.
Sec. 2133.02. (A)(1) An adult who is of sound mind 546
voluntarily may execute at any time a declaration governing the 547
use or continuation, or the withholding or withdrawal, of 548
life-sustaining treatment. The declaration shall be signed AT 549
THE END by the declarant or by another individual at the 550
direction of the declarant, state the date of its execution, and 551
either be witnessed as described in division (B)(1) of this 552
section or be acknowledged by the declarant in accordance with 553
division (B)(2) of this section. The declaration may include a 554
designation by the declarant of one or more persons who are to be 555
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notified by the declarant's attending physician at any time that 556
life-sustaining treatment would be withheld or withdrawn pursuant 557
to the declaration. The declaration may include a specific 558
authorization for the use or continuation or the withholding or 559
withdrawal of CPR, but the failure to include a specific 561
authorization for the withholding or withdrawal of CPR does not 562
preclude the withholding or withdrawal of CPR in accordance with 563
sections 2133.01 to 2133.15 or sections 2133.21 to 2133.26 of the 564
Revised Code.
(2) Depending upon whether the declarant intends the 566
declaration to apply when the declarant is in a terminal 567
condition, in a permanently unconscious state, or in either a 569
terminal condition or a permanently unconscious state, the 570
declarant's declaration shall use either or both of the terms 572
"terminal condition" and "permanently unconscious state" and 573
shall define or otherwise explain those terms in capital letters 574
and in a manner that is substantially consistent with the 575
provisions of section 2133.01 of the Revised Code. 576
(3)(a) If a declarant who has authorized the withholding 578
or withdrawal of life-sustaining treatment intends that the 579
declarant's attending physician withhold or withdraw nutrition or 580
hydration when the declarant is in a permanently unconscious 582
state and when the nutrition and hydration will not or no longer 583
will serve to provide comfort to the declarant or alleviate the 585
declarant's pain, then the declarant shall authorize the 586
declarant's attending physician to withhold or withdraw nutrition 587
or hydration when the declarant is in the permanently unconscious 588
state by doing both of the following in the declaration: 589
(i) Including a statement in capital letters OR OTHER 591
CONSPICUOUS TYPE, INCLUDING, BUT NOT LIMITED TO, A DIFFERENT 592
FONT, BIGGER TYPE, OR BOLDFACE TYPE, that the declarant's 595
attending physician may withhold or withdraw nutrition and
hydration if the declarant is in a permanently unconscious state 597
and if the declarant's attending physician and at least one other 598
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physician who has examined the declarant determine, to a 599
reasonable degree of medical certainty and in accordance with 601
reasonable medical standards, that nutrition or hydration will 602
not or no longer will serve to provide comfort to the declarant 603
or alleviate the declarant's pain, or checking or otherwise 605
marking a box or line that is adjacent to a similar statement on 606
a printed form of a declaration;
(ii) Placing the declarant's initials or signature 608
underneath or adjacent to the statement, check, or other mark 610
described in division (A)(3)(a)(i) of this section. 611
(b) Division (A)(3)(a) of this section does not apply to 613
the extent that a declaration authorizes the withholding or 614
withdrawal of life-sustaining treatment when a declarant is in a 615
terminal condition. The provisions of division (E) of section 616
2133.12 of the Revised Code pertaining to comfort care shall 617
apply to a declarant in a terminal condition. 618
(B)(1) If witnessed for purposes of division (A) of this 620
section, a declaration shall be witnessed by two individuals as 621
described in this division in whose presence the declarant, or 622
another individual at the direction of the declarant, signed the 623
declaration. The witnesses to a declaration shall be adults who 624
are not related to the declarant by blood, marriage, or adoption, 625
who are not the attending physician of the declarant, and who are 626
not the administrator of any nursing home in which the declarant 627
is receiving care. Each witness shall subscribe the witness' 629
signature on the declaration AFTER THE SIGNATURE OF THE DECLARANT 630
OR OTHER INDIVIDUAL AT THE DIRECTION OF THE DECLARANT and, by 631
doing so, attest to the witness' belief that the declarant 633
appears to be of sound mind and not under or subject to duress,
fraud, or undue influence. THE SIGNATURES OF THE DECLARANT OR 634
OTHER INDIVIDUAL AT THE DIRECTION OF THE DECLARANT UNDER DIVISION 635
(A) OF THIS SECTION AND OF THE WITNESSES UNDER THIS DIVISION ARE 636
NOT REQUIRED TO APPEAR ON THE SAME PAGE OF THE DECLARATION. 637
(2) If acknowledged for purposes of division (A) of this 639
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section, a declaration shall be acknowledged before a notary 640
public, who shall make the certification described in section 641
147.53 of the Revised Code and also shall attest that the 642
declarant appears to be of sound mind and not under or subject to 643
duress, fraud, or undue influence. 644
(C) An attending physician, or other health care personnel 646
acting under the direction of an attending physician, who is 647
furnished a copy of a declaration shall make it a part of the 648
declarant's medical record and, when section 2133.05 of the 649
Revised Code is applicable, also shall comply with that section. 650
(D)(1) Subject to division (D)(2) of this section, an 652
attending physician of a declarant or a health care facility in 653
which a declarant is confined may refuse to comply or allow 654
compliance with the declarant's declaration on the basis of a 655
matter of conscience or on another basis. An employee or agent 656
of an attending physician of a declarant or of a health care 657
facility in which a declarant is confined may refuse to comply 658
with the declarant's declaration on the basis of a matter of 659
conscience. 660
(2) If an attending physician of a declarant or a health 662
care facility in which a declarant is confined is not willing or 663
not able to comply or allow compliance with the declarant's 664
declaration, the physician or facility promptly shall so advise 665
the declarant and comply with the provisions of section 2133.10 666
of the Revised Code, or, if the declaration has become operative 667
as described in division (A) of section 2133.03 of the Revised 668
Code, shall comply with the provisions of section 2133.10 of the 669
Revised Code. 670
(E) As used in this section, "CPR" has the same meaning as 673
in section 2133.21 of the Revised Code.
Section 2. That existing sections 1337.12, 1337.13, 675
1337.17, and 2133.02 of the Revised Code are hereby repealed. 677
Section 3. (A) The amendments made by this act to 679
sections 1337.12, 1337.13, and 1337.17 of the Revised Code do not 680
17
invalidate an otherwise valid durable power of attorney for 681
health care that was executed prior to the effective date of this 682
act in conformity with those sections as they existed on the date 683
of the execution of the durable power of attorney for health 684
care.
(B) The amendments made by this act to section 2133.02 of 686
the Revised Code do not invalidate an otherwise valid declaration 687
governing the use or continuation, or the withholding or 688
withdrawal, of life-sustaining treatment that was executed prior 689
to the effective date of this act in conformity with that section 690
as it existed on the date of the execution of the declaration. 691