As Reported by the Senate Judiciary Committee 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
_________________________________________________________________ 12
A B I L L
To amend sections 1337.12, 1337.13, 1337.17, and 14
2133.02 of the Revised Code to require that 16
certain statements in a living will or a durable 17
power of attorney for health care be in 18
conspicuous type or capital letters and to make
other changes in the form of living wills and 19
durable powers of attorney for health care. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 1337.12, 1337.13, 1337.17, and 24
2133.02 of the Revised Code be amended to read as follows: 26
Sec. 1337.12. (A)(1) An adult who is of sound mind 35
voluntarily may create a valid durable power of attorney for 36
health care by executing a durable power of attorney, in 37
accordance with division (B) of section 1337.09 of the Revised 38
Code, that authorizes an attorney in fact as described in 39
division (A)(2) of this section to make health care decisions for 40
the principal at any time that the attending physician of the 41
principal determines that the principal has lost the capacity to 43
make informed health care decisions for the principal. Except as 44
otherwise provided in divisions (B) to (F) of section 1337.13 of 45
the Revised Code, the authorization may include the right to give 46
informed consent, to refuse to give informed consent, or to 47
withdraw informed consent to any health care that is being or 48
could be provided to the principal. Additionally, to be valid, a 49
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durable power of attorney for health care shall satisfy both of 50
the following: 51
(a) It shall be signed AT THE END OF THE INSTRUMENT by the 53
principal and SHALL state the date of its execution. 55
(b) It shall be witnessed in accordance with division (B) 57
of this section or be acknowledged by the principal in accordance 58
with division (C) of this section. 59
(2) Except as otherwise provided in this division, a 61
durable power of attorney for health care may designate any 62
competent adult as the attorney in fact. The attending physician 63
of the principal and an administrator of any nursing home in 64
which the principal is receiving care shall not be designated as 65
an attorney in fact in, or act as an attorney in fact pursuant 66
to, a durable power of attorney for health care. An employee or 67
agent of the attending physician of the principal and an employee 68
or agent of any health care facility in which the principal is 69
being treated shall not be designated as an attorney in fact in, 70
or act as an attorney in fact pursuant to, a durable power of 71
attorney for health care, except that these limitations do not 72
preclude a principal from designating either type of employee or 73
agent as the principal's attorney in fact if the individual is a 75
competent adult and related to the principal by blood, marriage, 76
or adoption, or if the individual is a competent adult and the 77
principal and the individual are members of the same religious 78
order. 79
(3) A durable power of attorney for health care shall not 81
expire, unless the principal specifies an expiration date in the 82
instrument. However, when a durable power of attorney contains 83
an expiration date, if the principal lacks the capacity to make 84
informed health care decisions for the principal on the 85
expiration date, the instrument shall continue in effect until 87
the principal regains the capacity to make informed health care 88
decisions for the principal. 89
(B) If witnessed for purposes of division (A)(1)(b) of 91
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this section, a durable power of attorney for health care shall 92
be witnessed by at least two individuals who are adults and who 93
are not ineligible to be witnesses under this division. Any 94
person who is related to the principal by blood, marriage, or 95
adoption, any person who is designated as the attorney in fact in 96
the instrument, the attending physician of the principal, and the 97
administrator of any nursing home in which the principal is 98
receiving care are ineligible to be witnesses. 99
The witnessing of a durable power of attorney for health 101
care shall involve the principal signing, or acknowledging the 103
principal's signature on, AT THE END OF the instrument in the 104
presence of each witness. Then, each witness shall subscribe the
witness's signature on the durable power of attorney for health 106
care AFTER THE SIGNATURE OF THE PRINCIPAL and, by doing so, 107
attest to the witness's belief that the principal appears to be 108
of sound mind and not under or subject to duress, fraud, or undue 109
influence. THE SIGNATURES OF THE PRINCIPAL AND THE WITNESSES 110
UNDER THIS DIVISION ARE NOT REQUIRED TO APPEAR ON THE SAME PAGE 111
OF THE INSTRUMENT.
(C) If acknowledged for purposes of division (A)(1)(b) of 113
this section, a durable power of attorney for health care shall 114
be acknowledged before a notary public, who shall make the 115
certification described in section 147.53 of the Revised Code and 116
also shall attest that the principal appears to be of sound mind 117
and not under or subject to duress, fraud, or undue influence. 118
(D)(1) If a principal has both a valid durable power of 121
attorney for health care and a valid declaration, division (B) of 122
section 2133.03 of the Revised Code applies. If a principal has 125
both a valid durable power of attorney for health care and a DNR 126
identification that is based upon a valid declaration and if the 127
declaration supersedes the durable power of attorney for health 128
care under division (B) of section 2133.03 of the Revised Code, 131
the DNR identification supersedes the durable power of attorney 133
for health care to the extent of any conflict between the two. A 134
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valid durable power of attorney for health care supersedes any 135
DNR identification that is based upon a do-not-resuscitate order 136
that a physician issued for the principal which is inconsistent 138
with the durable power of attorney for health care or a valid 139
decision by the attorney in fact under a durable power of
attorney. 140
(2) As used in division (D) of this section: 142
(a) "Declaration" has the same meaning as in section 144
2133.01 of the Revised Code. 145
(b) "Do-not-resuscitate order" and "DNR identification" 147
have the same meanings as in section 2133.21 of the Revised Code. 148
Sec. 1337.13. (A)(1) An attorney in fact under a durable 157
power of attorney for health care shall make health care 158
decisions for the principal only if the instrument substantially 159
complies with section 1337.12 of the Revised Code and 160
specifically authorizes the attorney in fact to make health care 161
decisions for the principal, and only if the attending physician 162
of the principal determines that he THE PRINCIPAL has lost the 163
capacity to make informed health care decisions for himself THE 165
PRINCIPAL. Except as otherwise provided in divisions (B) to (F) 167
of this section and subject to any specific limitations in the 168
instrument, the attorney in fact may make health care decisions 169
for the principal to the same extent as the principal could make 170
those decisions for himself THE PRINCIPAL if he THE PRINCIPAL had 172
the capacity to do so. Except as otherwise provided in divisions 174
(B) to (F) of this section, in exercising his THAT authority, the 175
attorney in fact shall act consistently with the desires of the 176
principal or, if the desires of the principal are unknown, shall 177
act in the best interest of the principal.
(2) This section does not affect, and shall not be 179
construed as affecting, any right that the person designated as 180
attorney in fact in a durable power of attorney for health care 181
may have, apart from the instrument, to make or participate in 182
the making of health care decisions on behalf of the principal. 183
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(3) Unless the right is limited in a durable power of 185
attorney for health care, when acting pursuant to the instrument, 186
the attorney in fact has the same right as the principal to 187
receive information about proposed health care, to review health 188
care records, and to consent to the disclosure of health care 189
records. 190
(B)(1) An attorney in fact under a durable power of 192
attorney for health care does not have authority, on behalf of 193
the principal, to refuse or withdraw informed consent to 194
life-sustaining treatment, unless the principal is in a terminal 195
condition or in a permanently unconscious state and unless the 196
applicable requirements of divisions (B)(2) and (3) of this 197
section are satisfied. 198
(2) In order for an attorney in fact to refuse or withdraw 200
informed consent to life-sustaining treatment for a principal who 201
is in a permanently unconscious state, the consulting physician 202
associated with the determination that the principal is in the 203
permanently unconscious state shall be a physician who, by virtue 204
of advanced education or training, of a practice limited to 205
particular diseases, illnesses, injuries, therapies, or branches 206
of medicine and surgery or osteopathic medicine and surgery, of 207
certification as a specialist in a particular branch of medicine 208
or surgery or osteopathic medicine and surgery, or of experience 209
acquired in the practice of medicine and surgery or osteopathic 210
medicine and surgery, is qualified to determine whether the 211
principal is in a permanently unconscious state. 212
(3) In order for an attorney in fact to refuse or withdraw 214
informed consent to life-sustaining treatment for a principal who 215
is in a terminal condition or in a permanently unconscious state, 216
the attending physician of the principal shall determine, in good 217
faith, to a reasonable degree of medical certainty, and in 218
accordance with reasonable medical standards, that there is no 219
reasonable possibility that the principal will regain the 220
capacity to make informed health care decisions for himself THE 221
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PRINCIPAL. 222
(C) Except as otherwise provided in this division, an 224
attorney in fact under a durable power of attorney for health 225
care does not have authority, on behalf of the principal, to 226
refuse or withdraw informed consent to health care necessary to 227
provide comfort care. This division does not preclude, and shall 228
not be construed as precluding, an attorney in fact under a 229
durable power of attorney for health care from refusing or 230
withdrawing informed consent to the provision of nutrition or 231
hydration to the principal if, under the circumstances described 232
in division (E) of this section, the attorney in fact would not 233
be prohibited from refusing or withdrawing informed consent to 234
the provision of nutrition or hydration to the principal. 235
(D) An attorney in fact under a durable power of attorney 237
for health care does not have authority to refuse or withdraw 238
informed consent to health care for a principal who is pregnant 239
if the refusal or withdrawal of the health care would terminate 240
the pregnancy, unless the pregnancy or the health care would pose 241
a substantial risk to the life of the principal, or unless the 242
principal's attending physician and at least one other physician 243
who has examined the principal determine, to a reasonable degree 244
of medical certainty and in accordance with reasonable medical 245
standards, that the fetus would not be born alive. 246
(E) An attorney in fact under a durable power of attorney 248
for health care does not have authority to refuse or withdraw 249
informed consent to the provision of nutrition or hydration to 250
the principal, unless the principal is in a terminal condition or 251
in a permanently unconscious state and unless the following 252
apply: 253
(1) The principal's attending physician and at least one 255
other physician who has examined the principal determine, to a 256
reasonable degree of medical certainty and in accordance with 257
reasonable medical standards, that nutrition or hydration will 258
not or no longer will serve to provide comfort to, or alleviate 259
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pain of, the principal. 260
(2) If the principal is in a permanently unconscious 262
state, the principal has authorized the attorney in fact to 263
refuse or withdraw informed consent to the provision of nutrition 264
or hydration to him THE PRINCIPAL when he THE PRINCIPAL is in a 266
permanently unconscious state by doing both of the following in 267
the durable power of attorney for health care: 268
(a) Including a statement in capital letters OR OTHER 270
CONSPICUOUS TYPE, INCLUDING, BUT NOT LIMITED TO, A DIFFERENT 271
FONT, BIGGER TYPE, OR BOLDFACE TYPE, that the attorney in fact 274
may refuse or withdraw informed consent to the provision of 275
nutrition or hydration to the principal if he THE PRINCIPAL is in 276
a permanently unconscious state and if the determination 277
described in division (E)(1) of this section is made, or checking 278
or otherwise marking a box or line that is adjacent to a similar 279
statement on a printed form of a durable power of attorney for 280
health care; 281
(b) Placing his THE PRINCIPAL'S initials or signature 283
underneath or adjacent to the statement, check, or other mark 285
described in division (E)(2)(a) of this section. 286
(3) If the principal is in a permanently unconscious 288
state, his THE PRINCIPAL'S attending physician determines, in 289
good faith, that the principal authorized the attorney in fact to 291
refuse or withdraw informed consent to the provision of nutrition 292
or hydration to him THE PRINCIPAL when he THE PRINCIPAL is in a 294
permanently unconscious state by complying with the requirements 295
of divisions (E)(2)(a) and (b) of this section. 296
(F) An attorney in fact under a durable power of attorney 298
for health care does not have authority to withdraw informed 299
consent to any health care to which the principal previously 300
consented, unless at least one of the following applies: 301
(1) A change in the physical condition of the principal 303
has significantly decreased the benefit of that health care to 304
the principal. 305
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(2) The health care is not, or is no longer, significantly 307
effective in achieving the purposes for which the principal 308
consented to its use. 309
Sec. 1337.17. A printed form of durable power of attorney 318
for health care may be sold or otherwise distributed in this 319
state for use by adults who are not advised by an attorney. By 320
use of such a printed form, a principal may authorize an attorney 321
in fact to make health care decisions on his THE PRINCIPAL'S 322
behalf, but the printed form shall not be used as an instrument 324
for granting authority for any other decisions. Any printed form 325
that is sold or otherwise distributed in this state for the 326
purpose described in this section shall include the following 327
notice:
"Notice to Adult Executing This Document 328
This is an important legal document. Before executing this 330
document, you should know these facts: 331
This document gives the person you designate (the attorney 333
in fact) the power to make most* health care decisions for you if 334
you lose the capacity to make informed health care decisions for 335
yourself. This power is effective only when your attending 336
physician determines that you have lost the capacity to make 337
informed health care decisions for yourself and, notwithstanding 338
this document, as long as you have the capacity to make informed 339
health care decisions for yourself, you retain the right to make 340
all medical and other health care decisions for yourself. 341
You may include specific limitations in this document on 343
the authority of the attorney in fact to make health care 344
decisions for you. 345
Subject to any specific limitations you include in this 347
document, if your attending physician determines that you have 348
lost the capacity to make an informed decision on a health care 349
matter, the attorney in fact generally* will be authorized by 350
this document to make health care decisions for you to the same 351
extent as you could make those decisions yourself, if you had the 352
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capacity to do so. The authority of the attorney in fact to make 353
health care decisions for you generally* will include the 354
authority to give informed consent, to refuse to give informed 355
consent, or to withdraw informed consent to any care, treatment, 356
service, or procedure to maintain, diagnose, or treat a physical 357
or mental condition. 358
However*, even if the attorney in fact has general 360
authority to make health care decisions for you under this 361
document, the attorney in fact never* will be authorized to do 362
any of the following: 363
(1) Refuse or withdraw informed consent to life-sustaining 365
treatment (unless your attending physician and one other 366
physician who examines you determine, to a reasonable degree of 367
medical certainty and in accordance with reasonable medical 368
standards, that either of the following applies: 369
(a) You are suffering from an irreversible, incurable, and 371
untreatable condition caused by disease, illness, or injury from 372
which (i) there can be no recovery and (ii) your death is likely 373
to occur within a relatively short time if life-sustaining 374
treatment is not administered, and your attending physician 375
additionally determines, to a reasonable degree of medical 376
certainty and in accordance with reasonable medical standards, 377
that there is no reasonable possibility that you will regain the 378
capacity to make informed health care decisions for yourself. 379
(b) You are in a state of permanent unconsciousness that 381
is characterized by you being irreversibly unaware of yourself 382
and your environment and by a total loss of cerebral cortical 383
functioning, resulting in you having no capacity to experience 384
pain or suffering, and your attending physician additionally 385
determines, to a reasonable degree of medical certainty and in 386
accordance with reasonable medical standards, that there is no 387
reasonable possibility that you will regain the capacity to make 388
informed health care decisions for yourself); 389
(2) Refuse or withdraw informed consent to health care 391
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necessary to provide you with comfort care (except that, if he 392
THE ATTORNEY IN FACT is not prohibited from doing so under (4) 394
below, the attorney in fact could refuse or withdraw informed 395
consent to the provision of nutrition or hydration to you as 396
described under (4) below). (You should understand that comfort 397
care is defined in Ohio law to mean artificially or 398
technologically administered sustenance (nutrition) or fluids 399
(hydration) when administered to diminish your pain or 400
discomfort, not to postpone your death, and any other medical or 401
nursing procedure, treatment, intervention, or other measure that 402
would be taken to diminish your pain or discomfort, not to 403
postpone your death. Consequently, if your attending physician 404
were to determine that a previously described medical or nursing 405
procedure, treatment, intervention, or other measure will not or 406
no longer will serve to provide comfort to you or alleviate your 407
pain, then, subject to (4) below, your attorney in fact would be 408
authorized to refuse or withdraw informed consent to the 409
procedure, treatment, intervention, or other measure.*); 410
(3) Refuse or withdraw informed consent to health care for 412
you if you are pregnant and if the refusal or withdrawal would 413
terminate the pregnancy (unless the pregnancy or health care 414
would pose a substantial risk to your life, or unless your 415
attending physician and at least one other physician who examines 416
you determine, to a reasonable degree of medical certainty and in 417
accordance with reasonable medical standards, that the fetus 418
would not be born alive); 419
(4) Refuse or withdraw informed consent to the provision 421
of artificially or technologically administered sustenance 422
(nutrition) or fluids (hydration) to you, unless: 423
(a) You are in a terminal condition or in a permanently 425
unconscious state. 426
(b) Your attending physician and at least one other 428
physician who has examined you determine, to a reasonable degree 429
of medical certainty and in accordance with reasonable medical 430
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standards, that nutrition or hydration will not or no longer will 431
serve to provide comfort to you or alleviate your pain. 432
(c) If, but only if, you are in a permanently unconscious 434
state, you authorize the attorney in fact to refuse or withdraw 435
informed consent to the provision of nutrition or hydration to 436
you by doing both of the following in this document: 437
(i) Including a statement in capital letters OR OTHER 439
CONSPICUOUS TYPE, INCLUDING, BUT NOT LIMITED TO, A DIFFERENT 440
FONT, BIGGER TYPE, OR BOLDFACE TYPE, that the attorney in fact 443
may refuse or withdraw informed consent to the provision of 444
nutrition or hydration to you if you are in a permanently 445
unconscious state and if the determination that nutrition or 446
hydration will not or no longer will serve to provide comfort to 447
you or alleviate your pain is made, or checking or otherwise 448
marking a box or line (if any) that is adjacent to a similar 449
statement on this document;
(ii) Placing your initials or signature underneath or 451
adjacent to the statement, check, or other mark previously 452
described. 453
(d) Your attending physician determines, in good faith, 455
that you authorized the attorney in fact to refuse or withdraw 456
informed consent to the provision of nutrition or hydration to 457
you if you are in a permanently unconscious state by complying 458
with the requirements of (4)(c)(i) and (ii) above. 459
(5) Withdraw informed consent to any health care to which 461
you previously consented, unless a change in your physical 462
condition has significantly decreased the benefit of that health 463
care to you, or unless the health care is not, or is no longer, 464
significantly effective in achieving the purposes for which you 465
consented to its use. 466
Additionally, when exercising his authority to make health 468
care decisions for you, the attorney in fact will have to act 469
consistently with your desires or, if your desires are unknown, 470
to act in your best interest. You may express your desires to 471
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the attorney in fact by including them in this document or by 472
making them known to him THE ATTORNEY IN FACT in another manner. 473
When acting pursuant to this document, the attorney in fact 475
generally* will have the same rights that you have to receive 476
information about proposed health care, to review health care 477
records, and to consent to the disclosure of health care records. 478
You can limit that right in this document if you so choose. 479
Generally, you may designate any competent adult as the 481
attorney in fact under this document. However, you cannot* 482
designate your attending physician or the administrator of any 483
nursing home in which you are receiving care as the attorney in 484
fact under this document. Additionally, you cannot* designate an 485
employee or agent of your attending physician, or an employee or 486
agent of a health care facility at which you are being treated, 487
as the attorney in fact under this document, unless either type 488
of employee or agent is a competent adult and related to you by 489
blood, marriage, or adoption, or unless either type of employee 490
or agent is a competent adult and you and the employee or agent 491
are members of the same religious order. 492
This document has no expiration date under Ohio law, but 494
you may choose to specify a date upon which your durable power of 495
attorney for health care generally will expire. However, if you 496
specify an expiration date and then lack the capacity to make 497
informed health care decisions for yourself on that date, the 498
document and the power it grants to your attorney in fact will 499
continue in effect until you regain the capacity to make informed 500
health care decisions for yourself. 501
You have the right to revoke the designation of the 503
attorney in fact and the right to revoke this entire document at 504
any time and in any manner. Any such revocation generally will 505
be effective when you express your intention to make the 506
revocation. However, if you made your attending physician aware 507
of this document, any such revocation will be effective only when 508
you communicate it to your attending physician, or when a witness 509
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to the revocation or other health care personnel to whom the 510
revocation is communicated by such a witness communicate it to 511
your attending physician. 512
If you execute this document and create a valid durable 514
power of attorney for health care with it, it will revoke any 515
prior, valid durable power of attorney for health care that you 516
created, unless you indicate otherwise in this document. 517
This document is not valid as a durable power of attorney 519
for health care unless it is acknowledged before a notary public 520
or is signed by at least two adult witnesses who are present when 521
you sign or acknowledge your signature. No person who is related 522
to you by blood, marriage, or adoption may be a witness. The 523
attorney in fact, your attending physician, and the administrator 524
of any nursing home in which you are receiving care also are 525
ineligible to be witnesses. 526
If there is anything in this document that you do not 528
understand, you should ask your lawyer to explain it to you." 529
In the preceding notice, the single words, and the two 531
sentences in the second set of parentheses in paragraph (2), 532
followed by an asterisk and all of paragraph (4) should SHALL 533
appear in the printed form in capital letters OR OTHER 535
CONSPICUOUS TYPE, INCLUDING, BUT NOT LIMITED TO, A DIFFERENT 536
FONT, BIGGER TYPE, OR BOLDFACE TYPE.
Sec. 2133.02. (A)(1) An adult who is of sound mind 545
voluntarily may execute at any time a declaration governing the 546
use or continuation, or the withholding or withdrawal, of 547
life-sustaining treatment. The declaration shall be signed AT 548
THE END by the declarant or by another individual at the 549
direction of the declarant, state the date of its execution, and 550
either be witnessed as described in division (B)(1) of this 551
section or be acknowledged by the declarant in accordance with 552
division (B)(2) of this section. The declaration may include a 553
designation by the declarant of one or more persons who are to be 554
notified by the declarant's attending physician at any time that 555
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life-sustaining treatment would be withheld or withdrawn pursuant 556
to the declaration. The declaration may include a specific 557
authorization for the use or continuation or the withholding or 558
withdrawal of CPR, but the failure to include a specific 560
authorization for the withholding or withdrawal of CPR does not 561
preclude the withholding or withdrawal of CPR in accordance with 562
sections 2133.01 to 2133.15 or sections 2133.21 to 2133.26 of the 563
Revised Code.
(2) Depending upon whether the declarant intends the 565
declaration to apply when the declarant is in a terminal 566
condition, in a permanently unconscious state, or in either a 568
terminal condition or a permanently unconscious state, the 569
declarant's declaration shall use either or both of the terms 571
"terminal condition" and "permanently unconscious state" and 572
shall define or otherwise explain those terms in capital letters 573
and in a manner that is substantially consistent with the 574
provisions of section 2133.01 of the Revised Code. 575
(3)(a) If a declarant who has authorized the withholding 577
or withdrawal of life-sustaining treatment intends that the 578
declarant's attending physician withhold or withdraw nutrition or 579
hydration when the declarant is in a permanently unconscious 581
state and when the nutrition and hydration will not or no longer 582
will serve to provide comfort to the declarant or alleviate the 584
declarant's pain, then the declarant shall authorize the 585
declarant's attending physician to withhold or withdraw nutrition 586
or hydration when the declarant is in the permanently unconscious 587
state by doing both of the following in the declaration: 588
(i) Including a statement in capital letters OR OTHER 590
CONSPICUOUS TYPE, INCLUDING, BUT NOT LIMITED TO, A DIFFERENT 591
FONT, BIGGER TYPE, OR BOLDFACE TYPE, that the declarant's 594
attending physician may withhold or withdraw nutrition and
hydration if the declarant is in a permanently unconscious state 596
and if the declarant's attending physician and at least one other 597
physician who has examined the declarant determine, to a 598
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reasonable degree of medical certainty and in accordance with 600
reasonable medical standards, that nutrition or hydration will 601
not or no longer will serve to provide comfort to the declarant 602
or alleviate the declarant's pain, or checking or otherwise 604
marking a box or line that is adjacent to a similar statement on 605
a printed form of a declaration;
(ii) Placing the declarant's initials or signature 607
underneath or adjacent to the statement, check, or other mark 609
described in division (A)(3)(a)(i) of this section. 610
(b) Division (A)(3)(a) of this section does not apply to 612
the extent that a declaration authorizes the withholding or 613
withdrawal of life-sustaining treatment when a declarant is in a 614
terminal condition. The provisions of division (E) of section 615
2133.12 of the Revised Code pertaining to comfort care shall 616
apply to a declarant in a terminal condition. 617
(B)(1) If witnessed for purposes of division (A) of this 619
section, a declaration shall be witnessed by two individuals as 620
described in this division in whose presence the declarant, or 621
another individual at the direction of the declarant, signed the 622
declaration. The witnesses to a declaration shall be adults who 623
are not related to the declarant by blood, marriage, or adoption, 624
who are not the attending physician of the declarant, and who are 625
not the administrator of any nursing home in which the declarant 626
is receiving care. Each witness shall subscribe the witness' 628
signature on the declaration AFTER THE SIGNATURE OF THE DECLARANT 629
OR OTHER INDIVIDUAL AT THE DIRECTION OF THE DECLARANT and, by 630
doing so, attest to the witness' belief that the declarant 632
appears to be of sound mind and not under or subject to duress,
fraud, or undue influence. THE SIGNATURES OF THE DECLARANT OR 633
OTHER INDIVIDUAL AT THE DIRECTION OF THE DECLARANT UNDER DIVISION 634
(A) OF THIS SECTION AND OF THE WITNESSES UNDER THIS DIVISION ARE 635
NOT REQUIRED TO APPEAR ON THE SAME PAGE OF THE DECLARATION. 636
(2) If acknowledged for purposes of division (A) of this 638
section, a declaration shall be acknowledged before a notary 639
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public, who shall make the certification described in section 640
147.53 of the Revised Code and also shall attest that the 641
declarant appears to be of sound mind and not under or subject to 642
duress, fraud, or undue influence. 643
(C) An attending physician, or other health care personnel 645
acting under the direction of an attending physician, who is 646
furnished a copy of a declaration shall make it a part of the 647
declarant's medical record and, when section 2133.05 of the 648
Revised Code is applicable, also shall comply with that section. 649
(D)(1) Subject to division (D)(2) of this section, an 651
attending physician of a declarant or a health care facility in 652
which a declarant is confined may refuse to comply or allow 653
compliance with the declarant's declaration on the basis of a 654
matter of conscience or on another basis. An employee or agent 655
of an attending physician of a declarant or of a health care 656
facility in which a declarant is confined may refuse to comply 657
with the declarant's declaration on the basis of a matter of 658
conscience. 659
(2) If an attending physician of a declarant or a health 661
care facility in which a declarant is confined is not willing or 662
not able to comply or allow compliance with the declarant's 663
declaration, the physician or facility promptly shall so advise 664
the declarant and comply with the provisions of section 2133.10 665
of the Revised Code, or, if the declaration has become operative 666
as described in division (A) of section 2133.03 of the Revised 667
Code, shall comply with the provisions of section 2133.10 of the 668
Revised Code. 669
(E) As used in this section, "CPR" has the same meaning as 672
in section 2133.21 of the Revised Code.
Section 2. That existing sections 1337.12, 1337.13, 674
1337.17, and 2133.02 of the Revised Code are hereby repealed. 676
Section 3. (A) The amendments made by this act to 678
sections 1337.12, 1337.13, and 1337.17 of the Revised Code do not 679
invalidate an otherwise valid durable power of attorney for 680
17
health care that was executed prior to the effective date of this 681
act in conformity with those sections as they existed on the date 682
of the execution of the durable power of attorney for health 683
care.
(B) The amendments made by this act to section 2133.02 of 685
the Revised Code do not invalidate an otherwise valid declaration 686
governing the use or continuation, or the withholding or 687
withdrawal, of life-sustaining treatment that was executed prior 688
to the effective date of this act in conformity with that section 689
as it existed on the date of the execution of the declaration. 690