As Reported by House Health, Retirement and Aging Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 188 5
1999-2000 6
SENATORS DRAKE-WHITE-PRENTISS-KEARNS-SPADA- 8
REPRESENTATIVES VAN VYVEN-SCHURING-TERWILLEGER-OGG-JOLIVETTE-
SCHUCK-VESPER-ASLANIDES-OLMAN-SUTTON-DePIERO-WILLAMOWSKI-BRADING 9
_________________________________________________________________ 10
A B I L L
To amend sections 124.04, 2108.01, 2108.02, 12
2108.021, 2108.04, 2108.15, and 3301.07, to enact 13
sections 313.30, 2108.17, 2108.18, 2108.19,
2108.20, 4501.024, and 4717.17, and to repeal 14
section 2108.022 of the Revised Code to make 15
changes to the law regarding anatomical gifts and 16
to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 124.04, 2108.01, 2108.02, 20
2108.021, 2108.04, 2108.15, and 3301.07 be amended and sections 21
313.30, 2108.17, 2108.18, 2108.19, 2108.20, 4501.024, and 4717.17 23
of the Revised Code be enacted to read as follows:
Sec. 124.04. In addition to those powers enumerated in 32
Chapters 123. and 125. of the Revised Code and as provided 33
elsewhere by law, the powers, duties, and functions of the 34
department of administrative services not specifically vested in 35
and assigned to, or to be performed by, the state personnel board 36
of review are hereby vested in and assigned to, and shall be 37
performed by, the director of administrative services. These 39
powers, duties, and functions shall include, but shall not be
limited to, the following powers, duties, and functions: 40
(A) To prepare, conduct, and grade all competitive 42
examinations for positions in the classified state service; 43
(B) To prepare, conduct, and grade all noncompetitive 45
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examinations for positions in the classified state service; 46
(C) To prepare eligible lists containing the names of 48
persons qualified for appointment to positions in the classified 49
state service; 50
(D) To prepare or amend, in accordance with section 124.14 52
of the Revised Code, specifications descriptive of duties, 53
responsibilities, requirements, and desirable qualifications of 54
the various classifications of positions in the state service; 55
(E) To allocate and reallocate, upon the motion of the 58
director or upon request of an appointing authority and in
accordance with section 124.14 of the Revised Code, any position, 59
office, or employment in the state service to the appropriate 60
classification on the basis of the duties, responsibilities, 61
requirements, and qualifications of such position, office, or 62
employment;
(F) To develop and conduct personnel recruitment services 64
for positions in the state service; 65
(G) To conduct research on specifications, 67
classifications, and salaries of positions in the state service; 68
(H) To develop and conduct personnel training programs in 70
cooperation with appointing authorities; 71
(I) TO INCLUDE PERIODICALLY IN COMMUNICATIONS SENT TO 73
STATE EMPLOYEES INFORMATION DEVELOPED UNDER SECTION 2108.15 OF 74
THE REVISED CODE PROMOTING THE DONATION OF ANATOMICAL GIFTS UNDER 75
CHAPTER 2108. OF THE REVISED CODE;
(J) To enter into agreements with universities and 77
colleges for in-service training of personnel in the civil 79
service; 80
(J)(K) To appoint such examiners, inspectors, clerks, and 82
other assistants as are necessary in the exercise of the powers 83
and performance of the duties and functions which the director is 84
by law authorized and required to exercise and perform and to 85
prescribe the duties of all such employees; 86
(K)(L) To maintain a journal, which shall be open to 88
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public inspection, in which the director shall keep a record of 89
the director's final decision pertaining to the classification or 91
reclassification of positions in the state classified service and 92
assignment or reassignment of employees in the state classified 93
service to specific position classifications; 94
(L)(M) To delegate any of the powers, functions, or duties 96
granted or assigned to the director under this chapter to any 98
other state agency of this state as the director considers 99
necessary; 100
(M)(N) To delegate any of the powers, functions, or duties 102
granted or assigned to the director under this chapter to any 104
political subdivision with the concurrence of the legislative 105
authority of the political subdivision. 106
Sec. 313.30. A CORONER MAY DESIGNATE IN WRITING AN EYE 108
BANK, TISSUE BANK, OR BOTH WITH WHICH THE CORONER WILL COOPERATE 109
CONCERNING RETRIEVAL OF USABLE EYES AND TISSUES THAT HAVE BEEN 110
DONATED.
AN EYE OR TISSUE BANK DESIGNATED UNDER THIS SECTION HAS THE 112
PROPERTY RIGHT SPECIFIED IN SECTION 2108.02 OF THE REVISED CODE. 114
A CORONER ACTING IN GOOD FAITH IS NOT LIABLE IN DAMAGES FOR 116
INJURY RESULTING FROM ACTING OR ATTEMPTING TO ACT IN ACCORDANCE 117
WITH THE DONOR'S DECLARATION UNDER SECTION 2108.04 OF THE REVISED 118
CODE OF AN ANATOMICAL GIFT. 120
Sec. 2108.01. As used in sections 2108.01 to 2108.12 of 130
the Revised Code: 131
(A) "Anatomical gift" means a donation of all or part of a 133
human body to take effect upon or after death. 134
(B) "Decedent" means a deceased individual and includes a 136
stillborn infant or fetus. 137
(C) IF A WILL OR OTHER DOCUMENT BY WHICH AN ANATOMICAL 140
GIFT IS MADE INCLUDES A VALID SPECIFICATION OF THE INTENDED 141
DONEE, "DONEE" MEANS THE SPECIFIED PERSON OR ENTITY; OTHERWISE,
"DONEE" MEANS, IN THE CASE OF ORGANS, AN ORGAN PROCUREMENT 142
ORGANIZATION THAT SERVES THE REGION OF THE STATE WHERE THE BODY 143
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OF THE DONOR IS LOCATED OR, IN THE CASE OF TISSUE OR EYES, AN 144
ORGANIZATION ENTITLED BY LAW TO RECOVER THE TISSUE OR EYES FROM 146
THE DONOR'S BODY.
(D) "Donor" means an individual who makes an anatomical 148
gift. 149
(D)(E) "Hospital" means any hospital operated in this 151
state that is certified under Title XVIII of the "Social Security 152
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or 153
accredited by the joint commission on accreditation of healthcare 154
organizations or the American osteopathic association. 155
"Hospital" also means a facility licensed, accredited, 156
registered, or approved as a hospital under the laws of any 157
state, and includes a facility operated as a hospital by a state 158
or a subdivision of the state, although not required to be 159
licensed under state laws.
(E)(F) "Identification card" means an identification card 161
issued under sections 4507.50 and 4507.51 of the Revised Code. 162
(F)(G) "Part" means any portion of a human body. 164
(G)(H) "Tissue" means any body part other than an organ or 166
eye. 167
(H)(I) "Person" has the same meaning as in section 1.59 of 169
the Revised Code and also includes a government or governmental 170
subdivision or agency. 171
(I)(J) "Physician" or "surgeon" means an individual who is 173
licensed or authorized to practice medicine and surgery or 174
osteopathic medicine and surgery under the laws of any state. 175
(J)(K) "Recovery agency" means a nonprofit organization 177
incorporated under Chapter 1702. of the Revised Code that is one 179
of the following:
(1) An organ procurement organization designated by the 181
secretary of health and human services pursuant to Title XVIII of 182
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, 183
1320b-8, as amended; 184
(2) An eye bank certified THAT IS ACCREDITED by the eye 186
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bank association of America OR THAT HAS APPLIED FOR 188
ACCREDITATION, IS IN SUBSTANTIAL COMPLIANCE WITH ACCREDITATION 189
STANDARDS OF THE ASSOCIATION, AND SINCE APPLYING FOR 190
ACCREDITATION HAS BEEN IN OPERATION FOR NOT LONGER THAN ONE YEAR; 191
(3) A tissue bank that is certified by the American 193
association of tissue banks or that has applied for certification 194
and, is in substantial compliance with certification standards of 196
the association, AND SINCE APPLYING FOR CERTIFICATION HAS BEEN IN
OPERATION FOR NOT LONGER THAN ONE YEAR. 197
Sec. 2108.02. (A) Any individual of sound mind may make 206
an anatomical gift for any purpose specified in section 2108.03 207
of the Revised Code, the anatomical gift to take effect upon his 208
THE INDIVIDUAL'S death, if either of the following conditions 210
applies:
(1) The individual is eighteen years of age or more; 212
(2) The individual is less than eighteen years of age and 214
a parent or guardian of the individual signs a document pursuant 215
to division (B)(2) or a statement pursuant to division (C) of 216
section 2108.04 of the Revised Code. 217
(B) Any of the following persons, in the order of priority 219
stated, when persons in prior classes are not available at the 220
time of death, and in the absence of actual notice of contrary 221
indications by the decedent or actual notice of opposition by a 222
member of the same or a prior class, may make an anatomical gift 223
of all or any part of the body of a decedent for any purpose 224
specified in section 2108.03 of the Revised Code: 225
(1) The spouse; 227
(2) An adult son or daughter; 229
(3) Either parent; 231
(4) An adult brother or sister; 233
(5) A grandparent; 235
(6) A guardian of the person of the decedent at the time 237
of his THE DECEDENT'S death; 238
(7) Any other person authorized or under obligation to 240
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dispose of the body. 241
(C) The donee shall not accept the anatomical gift if he 243
THE DONEE has actual notice of contrary indications by the 245
decedent or IF THE ANATOMICAL GIFT IS MADE PURSUANT TO DIVISION 246
(B) OF THIS SECTION AND that an anatomical gift by a member of a 248
class is opposed by a member of the same or a prior class. The 249
persons authorized in division (B) of this section may make the 250
anatomical gift after or immediately before death. 251
(D) An anatomical gift authorizes any examination 253
necessary to ensure medical acceptability of the anatomical gift 254
for the purpose intended. 255
(E) The rights of the donee created by the anatomical gift 257
are paramount to the rights of others except that a coroner or, 258
in his THE CORONER'S absence, a deputy coroner, who has, under 259
section 313.13 of the Revised Code, taken charge of the 261
decedent's dead body and decided that an autopsy is necessary, 262
has a right to the dead body and any part that is paramount to 263
the rights of the donee. The coroner, or in his THE CORONER'S 264
absence, the deputy coroner, may waive this paramount right and 266
permit the donee to take a donated part if the donated part is or 267
will be unnecessary for successful completion of the autopsy or 268
for evidence. If the coroner or deputy coroner does not waive 269
his THIS paramount right and later determines, while performing 270
the autopsy, that the donated part is or will be unnecessary for 271
successful completion of the autopsy or for evidence, he THE 272
CORONER OR DEPUTY CORONER may thereupon waive his THE paramount 273
right and permit the donee to take the donated part, either 274
during the autopsy or after it is completed. 275
(F) THE DONEE HAS A PROPERTY RIGHT IN AN ANATOMICAL GIFT 277
DONATED PURSUANT TO SECTIONS 2108.02 AND 2108.04 OF THE REVISED 279
CODE AND MAY ENFORCE THIS RIGHT IN AN ACTION FOR A DECLARATORY 280
JUDGMENT UNDER CHAPTER 2721. OF THE REVISED CODE IN THE COMMON 282
PLEAS COURT OF THE COUNTY WHERE THE DONOR LAST RESIDED OR DIED OR 283
THE COUNTY WHERE THE DONEE RESIDES. THE COURT SHALL GIVE SUCH AN 284
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ACTION PRECEDENCE OVER OTHER PENDING ACTIONS.
(G) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS 286
REQUIRING A DONEE TO ACCEPT AN ANATOMICAL GIFT. 287
Sec. 2108.021. (A) Every hospital shall develop and 296
implement a written protocol CONSISTENT WITH 42 C.F.R. SECTION 298
482.45 for facilitating procurement of anatomical gifts in 299
consultation with all recovery agencies that work with the 300
hospital in procuring and realizing anatomical gifts. The 301
protocol shall include provisions under which the hospital shall 302
do all of the following: 303
(1) Enter into an agreement with an organ procurement 305
organization that does all of the following: 306
(a) Provides for the hospital to give timely notice as 308
provided in division (B) of this section that an individual's 310
death is imminent or the individual has died in the hospital; 312
(b) Provides for the organ procurement organization to 314
determine the medical suitability of the potential donor for 315
organ donation;
(c) On notification by the hospital of the death or 317
imminent death of a potential eye or tissue donor, provides for 318
the organ procurement organization or third party described in 319
division (B) of this section to notify in a timely manner the eye 321
and tissue banks the hospital has agreements with under division 322
(C) of this section;
(d) Unless an agreement the hospital has entered into with 324
an eye bank or tissue bank under division (C) of this section 325
provides for the eye or tissue bank to determine medical 326
suitability of the potential donor for eye or tissue donation, 327
provides for the organ procurement organization to determine 328
medical suitability of each potential donor for eye and tissue 329
donations.
(2) Collaborate with the organ procurement organization to 332
establish a procedure for requesting organ, eye, or tissue 333
donations that ensures the family of each potential donor is 334
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notified of the option to donate organs, eyes, or tissues, or to 335
decline to donate;
(3) Encourage discretion and sensitivity with respect to 337
the circumstances, opinions, and beliefs of the family of each 338
potential donor; 339
(4) Cooperate with the organ procurement organization and 341
an eye bank and a tissue bank to do all of the following: 342
(a) Educate staff on donation issues; 344
(b) Review death certificates and other records to improve 346
identification of potential donors; 347
(c) Maintain the body of each potential donor while 349
necessary testing and matching of potential donated organs, 350
tissues, and eyes take place. 351
(B) An organ procurement organization, in consultation and 353
agreement with the eye banks and tissue banks the hospital has 354
agreements with under division (C) of this section, may designate 355
a third party to receive the notice required under division 356
(A)(1)(a) of this section. If a third party is designated in 358
accordance with this division, the agreement between the hospital 359
and the organ procurement organization shall specify that the 361
notice is to be given to the third party. If a third party is 362
not designated in accordance with this division, the agreement 363
between the hospital and the organ procurement organization shall 364
require the hospital to give the notice to the organ procurement 365
organization or a third party designated by the organ procurement 366
organization.
(C) Each hospital shall enter into an agreement with at 368
least one eye bank and at least one tissue bank with which the 369
hospital will cooperate to retrieve, process, preserve, store, 371
and distribute all usable eyes and tissues that have been
donated. 372
An agreement between a hospital and an eye bank may provide 375
for the eye bank to determine the medical suitability of each 376
potential donor for eye donation. An agreement between a 377
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hospital and a tissue bank may provide for the tissue bank to
determine the medical suitability of each potential donor for 378
tissue donation. 379
Nothing in an agreement entered into under this division 381
shall interfere with the procurement of organs under an agreement 382
entered into under division (A)(1) of this section. 383
Sec. 2108.04. (A) An individual eighteen years of age or 392
older may make an anatomical gift by will under division (A) of 393
section 2108.02 of the Revised Code. The anatomical gift becomes 394
effective upon the death of the testator without waiting for 395
probate. If the will is not probated or if it is declared 396
invalid for testamentary purposes, the anatomical gift, to the 397
extent that it has been acted upon in good faith, is nevertheless 398
valid and effective. 399
(B)(1) An individual may also make an anatomical gift 401
under division (A) of section 2108.02 of the Revised Code by a 402
document other than a will. The anatomical gift becomes 403
effective upon the death of the donor. The document, which may 404
be a card designed to be carried on the person, shall be signed 405
by the donor in the presence of two witnesses who shall sign the 406
document in his THE DONOR'S presence. If the donor cannot sign, 407
the document may be signed for him THE DONOR at his THE DONOR'S 409
direction and in the presence of two witnesses, having no 411
affiliation with the donee, who shall sign the document in his 412
THE DONOR'S presence. Delivery of the document of gift during 414
the donor's lifetime is not necessary to make the anatomical gift 415
valid.
(2) If a person less than eighteen years of age wishes to 417
make an anatomical gift under division (B)(1) of this section, 418
one of the witnesses who signs the document shall be a parent or 419
guardian of that person. 420
(C) An anatomical gift under division (A) of section 422
2108.02 of the Revised Code may also be made by a designation, to 423
be provided for on all Ohio driver's or commercial driver's 424
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licenses and motorcycle operator's licenses or endorsements, and 425
on all identification cards. The anatomical gift becomes 426
effective upon the death of the donor. The holder of the 427
driver's or commercial driver's license or endorsement, or the 428
holder of the identification card must sign a statement at the 429
time of application or renewal of the license, endorsement, or 430
identification card in the presence of two witnesses, who must 431
sign the statement in the presence of the donor; except that when 432
the holder of the license or card is less than eighteen years of 433
age, one of the witnesses who signs shall be a parent or guardian 434
of the holder. Delivery of the license or identification card 435
during the donor's lifetime is not necessary to make the 436
anatomical gift valid. Revocation or, suspension, OR EXPIRATION 438
of the license or endorsement will not invalidate the anatomical 439
gift. The anatomical gift must be renewed upon renewal of each 441
license, endorsement, or identification card. If the statement 442
is ambiguous as to whether a general or specific anatomical gift 443
is intended by the donor, the statement shall be construed as 444
evidencing the specific anatomical gift only. 445
(D) Except as provided in section 2108.07 of the Revised 447
Code, the donee or other person authorized to accept the 448
anatomical gift may employ or authorize any surgeon or physician 449
to carry out the appropriate procedures. 450
(E) Any anatomical gift by a person specified in division 452
(B) of section 2108.02 of the Revised Code shall be made in one 453
of the following ways: 454
(1) By a document signed by him THE PERSON; 456
(2) By telegram; 458
(3) By a telephone call in which two persons receive the 460
message and one of them prepares written documentation of the 461
message, or by a telephone call that is recorded mechanically or 462
electronically. 463
(F) A VALID DECLARATION OF AN ANATOMICAL GIFT MADE UNDER 466
DIVISION (A), (B), OR (C) OF THIS SECTION PREVAILS OVER ANY 467
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CONTRARY DESIRES OF THE DONOR'S FAMILY REGARDING THE DONOR'S 468
CORPSE, BUT NOTHING IN THIS SECTION SHALL BE CONSTRUED AS 469
REQUIRING A DONEE TO ACCEPT AN ANATOMICAL GIFT.
Sec. 2108.15. (A) There is hereby created in the state 478
treasury the second chance trust fund. The fund shall consist of 479
voluntary contributions deposited as provided in sections 480
4506.081, 4507.231, and 4507.501 of the Revised Code. All 481
investment earnings of the fund shall be credited to the fund. 482
(B) The director of health shall use the money in the fund 484
only for the following purposes: 485
(A)(1) Development and implementation of a campaign that 487
explains and promotes the second chance trust fund; 489
(B)(2) Development and implementation of a LOCAL AND 492
statewide public education program PROGRAMS about organ, tissue, 493
and eye donation, including the informational material required 495
to be provided under sections 4506.081, 4507.231, and 4507.501 of 496
the Revised Code;
(C)(3) Development and implementation of LOCAL AND 498
statewide donor awareness programs in secondary schools; 500
(D)(4) Development and implementation of LOCAL AND 502
statewide programs to recognize donor families; 504
(E)(5) DEVELOPMENT AND DISTRIBUTION OF MATERIALS PROMOTING 506
ORGAN, TISSUE, AND EYE DONATION; 507
(6) COOPERATION WITH THE OHIO SUPREME COURT, OHIO STATE 510
BAR ASSOCIATION, AND LAW SCHOOLS OF THIS STATE TO MORE 511
EFFECTIVELY EDUCATE ATTORNEYS ABOUT THE DONATION OF ANATOMICAL 512
GIFTS AND TO ENCOURAGE THEM TO ASSIST THEIR CLIENTS IN DONATING 513
ANATOMICAL GIFTS THROUGH ANATOMICAL GIFT DECLARATIONS, DURABLE 514
POWERS OF ATTORNEY FOR HEALTH CARE, DECLARATIONS AS DEFINED IN 515
SECTION 2133.01 OF THE REVISED CODE, WILLS, AND ANY OTHER 516
APPROPRIATE MEANS;
(7) COOPERATION WITH THE STATE MEDICAL BOARD, STATE 518
MEDICAL, OSTEOPATHIC, AND OPTHALMOLOGICAL ASSOCIATIONS, AND 519
COLLEGES OF MEDICINE AND OSTEOPATHIC MEDICINE IN THIS STATE TO 520
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MORE EFFECTIVELY EDUCATE PHYSICIANS ABOUT THE DONATION OF 521
ANATOMICAL GIFTS AND TO ENCOURAGE THEM TO ASSIST THEIR PATIENTS 522
IN MAKING DECLARATIONS OF ANATOMICAL GIFTS; 523
(8) DEVELOPMENT AND INITIAL IMPLEMENTATION OF THE DONOR 525
REGISTRY ESTABLISHED PURSUANT TO SECTION 2108.18 OF THE REVISED 526
CODE, EXCEPT THAT THE TOTAL AMOUNT EXPENDED SHALL NOT EXCEED ONE 527
HUNDRED FIFTY THOUSAND DOLLARS;
(9) Development of statewide hospital training programs to 529
encourage and facilitate compliance with the provisions of 530
section 2108.021 of the Revised Code concerning circumstances 531
under which an anatomical gift is required to be requested; 532
(F)(10) Reimbursement of the bureau of motor vehicles for 535
the administrative costs incurred in the performance of duties 536
under sections 4506.081, 4507.231, and 4507.501 of the Revised 537
Code.;
(G) Payment of the compensation of a staff member of the 539
department of health for the staff member's time spent monitoring 540
hospital compliance with sections 2108.01 to 2108.09 of the 541
Revised Code;
(H) Until December 31, 2000, reimbursement (11) 544
REIMBURSEMENT OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE 545
COSTS INCURRED IN THE PERFORMANCE OF DUTIES UNDER THIS SECTION 546
AND SECTION 2108.17 OF THE REVISED CODE; 547
(12) REIMBURSEMENT of board members OF THE SECOND CHANCE 550
FUND ADVISORY COMMITTEE for actual and necessary expenses 551
incurred in the performance of official duties.
Until December 31, 2000, the (C) THE DIRECTOR SHALL MAKE 554
THE MATERIALS DEVELOPED UNDER DIVISION (B)(5) OF THIS SECTION 555
AVAILABLE TO OTHER STATE AGENCIES. 556
(D) THE director shall consider recommendations made by 559
the second chance trust fund board ADVISORY COMMITTEE pursuant to 560
section 2108.16 2108.17 of the Revised Code. Until December 31, 561
2000, the THE director shall determine the appropriateness of and 564
approve or disapprove projects recommended by the board ADVISORY 565
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COMMITTEE for funding. On and after December 31, 2000, the 567
director shall determine the appropriateness of and approve or 568
disapprove projects. The director shall AND approve or 569
disapprove the disbursement of money from the second chance trust 571
fund.
Sec. 2108.17. (A) THERE IS HEREBY CREATED WITHIN THE 573
DEPARTMENT OF HEALTH THE SECOND CHANCE TRUST FUND ADVISORY 575
COMMITTEE, CONSISTING OF ELEVEN MEMBERS. THE MEMBERS SHALL 576
INCLUDE THE FOLLOWING:
(1) THE CHAIRS OF THE STANDING COMMITTEES OF THE HOUSE OF 578
REPRESENTATIVES AND SENATE WITH PRIMARY RESPONSIBILITIES FOR 579
HEALTH LEGISLATION;
(2) ONE REPRESENTATIVE OF EACH OF THE FOLLOWING APPOINTED 582
BY THE DIRECTOR OF HEALTH:
(a) AN OHIO ORGAN PROCUREMENT ORGANIZATION THAT IS A 585
MEMBER OF THE ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK; 587
(b) AN OHIO TISSUE BANK THAT IS AN ACCREDITED MEMBER OF 590
THE AMERICAN ASSOCIATION OF TISSUE BANKS AND IS NOT AFFILIATED 591
WITH AN ORGAN PROCUREMENT ORGANIZATION;
(c) AN OHIO EYE BANK THAT IS CERTIFIED BY THE EYE BANK 594
ASSOCIATION OF AMERICA AND IS NOT AFFILIATED WITH AN ORGAN 595
PROCUREMENT ORGANIZATION;
(d) THE OHIO SOLID ORGAN TRANSPLANTATION CONSORTIUM; 597
(e) THE OHIO HOSPITAL ASSOCIATION; 599
(f) THE DEPARTMENT OF HEALTH. 601
(3) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 603
THREE MEMBERS OF THE PUBLIC APPOINTED BY THE DIRECTOR WHO ARE NOT 604
AFFILIATED WITH RECOVERY AGENCIES. 605
(B) NO TWO MEMBERS APPOINTED UNDER DIVISIONS (A)(2)(a), 608
(b), AND (c) OF THIS SECTION SHALL BE FROM THE SAME ORGAN 609
PROCUREMENT AND DISTRIBUTION SERVICE AREA DESIGNATED BY THE 610
UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES. 611
(C) OF THE MEMBERS FIRST APPOINTED UNDER DIVISION (A)(2) 613
OF THIS SECTION, THE REPRESENTATIVES OF THE ORGAN PROCUREMENT 615
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ORGANIZATION, TISSUE PROCUREMENT ORGANIZATION, AND EYE BANK SHALL 616
SERVE TERMS OF THREE YEARS; THE REPRESENTATIVES OF THE DEPARTMENT 618
OF HEALTH AND OHIO SOLID ORGAN TRANSPLANTATION CONSORTIUM SHALL 619
SERVE TERMS OF TWO YEARS; AND THE MEMBER REPRESENTING THE OHIO 620
HOSPITAL ASSOCIATION SHALL SERVE A TERM OF ONE YEAR. THEREAFTER, 622
ALL MEMBERS SHALL SERVE TERMS OF THREE YEARS. 623
(D) THE MEMBERS INITIALLY APPOINTED UNDER DIVISION (A)(3) 626
OF THIS SECTION SHALL BE REPRESENTATIVES OF THE THREE ORGAN
PROCUREMENT ORGANIZATIONS IN OHIO DESIGNATED BY THE UNITED STATES 628
SECRETARY OF HEALTH AND HUMAN SERVICES THAT ARE NOT REPRESENTED 629
BY THE APPOINTMENT UNDER DIVISION (A)(2)(a) OF THIS SECTION. THE 630
THREE MEMBERS SHALL SERVE UNTIL THE PROPOSED RULES UNDER SECTION 631
2108.18 OF THE REVISED CODE ARE FORMULATED. AFTER THE INITIAL 632
APPOINTMENTS, THE DIRECTOR SHALL APPOINT THREE MEMBERS OF THE
PUBLIC WHO ARE NOT AFFILIATED WITH RECOVERY AGENCIES TO SERVE 633
TERMS OF THREE YEARS. 634
(E) NO INDIVIDUAL APPOINTED UNDER DIVISION (A)(2) OR (3) 636
OF THIS SECTION SHALL SERVE MORE THAN TWO CONSECUTIVE TERMS, 637
REGARDLESS OF WHETHER THE TERMS WERE FULL OR PARTIAL TERMS. EACH 639
MEMBER SHALL SERVE FROM THE DATE OF APPOINTMENT UNTIL THE
MEMBER'S SUCCESSOR IS APPOINTED. ALL VACANCIES ON THE COMMITTEE 640
SHALL BE FILLED FOR THE BALANCE OF THE UNEXPIRED TERM IN THE SAME 641
MANNER AS THE ORIGINAL APPOINTMENT. 642
(F) THE COMMITTEE SHALL ANNUALLY ELECT A CHAIRPERSON FROM 644
AMONG ITS MEMBERS AND SHALL ESTABLISH PROCEDURES FOR THE 646
GOVERNANCE OF ITS OPERATIONS. THE COMMITTEE SHALL MEET AT LEAST 647
SEMIANNUALLY. IT SHALL SUBMIT AN ANNUAL REPORT OF ITS ACTIVITIES 648
AND RECOMMENDATIONS TO THE DIRECTOR OF HEALTH. 649
(G) COMMITTEE MEMBERS SHALL SERVE WITHOUT COMPENSATION, 651
BUT SHALL BE REIMBURSED FROM THE SECOND CHANCE TRUST FUND FOR ALL 653
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF
OFFICIAL DUTIES. 654
(H) THE COMMITTEE SHALL DO ALL OF THE FOLLOWING: 656
(1) MAKE RECOMMENDATIONS TO THE DIRECTOR OF HEALTH FOR 658
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PROJECTS FOR FUNDING FROM THE SECOND CHANCE TRUST FUND; 659
(2) CONSULT WITH THE REGISTRAR OF MOTOR VEHICLES IN 662
FORMULATING PROPOSED RULES UNDER DIVISION (C)(1) OF SECTION 663
2108.18 OF THE REVISED CODE;
(3) AS REQUESTED, CONSULT WITH THE REGISTRAR OR DIRECTOR 665
ON OTHER MATTERS RELATED TO ORGAN DONATION. 666
(I) THE COMMITTEE IS NOT SUBJECT TO SECTION 101.84 OF THE 668
REVISED CODE.
Sec. 2108.18. (A) THE BUREAU OF MOTOR VEHICLES SHALL 670
DEVELOP AND MAINTAIN A DONOR REGISTRY THAT IDENTIFIES EACH 671
INDIVIDUAL WHO HAS AGREED TO MAKE AN ANATOMICAL GIFT BY A 674
DESIGNATION ON A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR 675
MOTORCYCLE OPERATOR'S LICENSE OR ENDORSEMENT AS PROVIDED IN 676
DIVISION (C) OF SECTION 2108.04 OF THE REVISED CODE. THE 677
REGISTRY SHALL BE FULLY OPERATIONAL NOT LATER THAN JULY 1, 2002. 678
(B) THE BUREAU SHALL MAINTAIN THE REGISTRY IN A MANNER 680
THAT PROVIDES TO ORGAN PROCUREMENT ORGANIZATIONS, TISSUE BANKS, 681
AND EYE BANKS IMMEDIATE ACCESS TO THE INFORMATION IN THE REGISTRY 683
TWENTY-FOUR HOURS A DAY AND SEVEN DAYS A WEEK. 684
(C)(1) THE REGISTRAR OF MOTOR VEHICLES, IN CONSULTATION 687
WITH THE DIRECTOR OF HEALTH AND THE SECOND CHANCE TRUST FUND 688
ADVISORY COMMITTEE CREATED UNDER SECTION 2108.17 OF THE REVISED
CODE, SHALL FORMULATE PROPOSED RULES THAT SPECIFY ALL OF THE 690
FOLLOWING:
(a) THE INFORMATION TO BE INCLUDED IN THE REGISTRY; 692
(b) A PROCESS, IN ADDITION TO THAT PROVIDED FOR IN SECTION 695
2108.06 OF THE REVISED CODE, FOR AN INDIVIDUAL TO REVOKE THE 696
INDIVIDUAL'S INTENT TO MAKE AN ANATOMICAL GIFT AND FOR UPDATING 697
INFORMATION IN THE REGISTRY;
(c) HOW THE REGISTRY WILL BE MADE AVAILABLE TO ORGAN 699
PROCUREMENT ORGANIZATIONS, TISSUE BANKS, AND EYE BANKS; 700
(d) LIMITATIONS ON THE USE OF AND ACCESS TO THE REGISTRY; 702
(e) HOW INFORMATION ON ORGAN, TISSUE, AND EYE DONATION 704
WILL BE DEVELOPED AND DISSEMINATED TO THE PUBLIC BY THE BUREAU 705
16
AND THE DEPARTMENT OF HEALTH; 706
(f) ANYTHING ELSE THE REGISTRAR CONSIDERS APPROPRIATE. 708
(2) IN FORMULATING THE PROPOSED RULES UNDER THIS DIVISION, 711
THE REGISTRAR MAY CONSULT WITH ANY PERSON OR ENTITY THAT 712
EXPRESSES AN INTEREST IN THE MATTERS TO BE DEALT WITH IN THE 713
RULES.
(3) FOLLOWING FORMULATION OF THE PROPOSED RULES, BUT NOT 715
LATER THAN JANUARY 1, 2002, THE REGISTRAR SHALL ADOPT RULES IN 717
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.
(D) THE COSTS OF DEVELOPING AND INITIALLY IMPLEMENTING THE 720
REGISTRY SHALL BE PAID FROM THE SECOND CHANCE TRUST FUND CREATED 721
IN SECTION 2108.15 OF THE REVISED CODE. 722
Sec. 2108.19. THE BUREAU OF MOTOR VEHICLES SHALL MAINTAIN 724
A TOLL-FREE TELEPHONE NUMBER AVAILABLE TWENTY-FOUR HOURS A DAY 725
THAT THE PUBLIC MAY USE TO OBTAIN INFORMATION ON BECOMING AN 726
ORGAN, TISSUE, OR EYE DONOR AS PROVIDED IN SECTION 2108.04 OF THE 727
REVISED CODE. THE BUREAU OF MOTOR VEHICLES SHALL PAY THE COSTS 729
OF MAINTAINING THE TOLL-FREE TELEPHONE NUMBER. 730
Sec. 2108.20. THE BUREAU OF MOTOR VEHICLES, REGISTRAR OF 732
MOTOR VEHICLES, DEPUTY REGISTRARS OF MOTOR VEHICLES, AND AGENTS 733
AND EMPLOYEES OF THE BUREAU OF MOTOR VEHICLES ARE NOT LIABLE FOR 734
DAMAGES IN ANY CIVIL ACTION OR SUBJECT TO PROSECUTION IN A 735
CRIMINAL PROCEEDING FOR ACTING, ATTEMPTING TO ACT, OR FAILING TO 736
ACT IN ACCORDANCE WITH SECTION 2108.18, 2108.19, OR 4501.024 OF
THE REVISED CODE, UNLESS THE ACT, ATTEMPT, OR OMISSION WAS 738
COMMITTED OR OMITTED WITH MALICIOUS PURPOSE, IN BAD FAITH, OR IN 739
A WANTON OR RECKLESS MANNER.
Sec. 3301.07. The state board of education shall exercise 748
under the acts of the general assembly general supervision of the 749
system of public education in the state. In addition to the 750
powers otherwise imposed on the state board under the provisions 751
of law, the board shall have the following powers: 752
(A) Exercise policy forming, planning, and evaluative 754
functions for the public schools of the state, and for adult 755
17
education, except as otherwise provided by law; 756
(B) Exercise leadership in the improvement of public 758
education in this state, and administer the educational policies 759
of this state relating to public schools, and relating to 760
instruction and instructional material, building and equipment, 761
transportation of pupils, administrative responsibilities of 762
school officials and personnel, and finance and organization of 763
school districts, educational service centers, and territory. 764
Consultative and advisory services in such matters shall be 765
provided by the board to school districts and educational service 766
centers of this state. The board also shall develop a standard 767
of financial reporting which shall be used by all school
districts and educational service centers to make their financial 768
information available to the public in a format understandable by 770
the average citizen and provide year-to-year comparisons for at 771
least five years. The format shall show, among other things, 772
district and educational service center revenue by source; 773
expenditures for salaries, wages, and benefits of employees, 774
showing such amounts separately for classroom teachers, other 775
employees required to hold licenses issued pursuant to sections 776
3319.22 to 3319.31 of the Revised Code, and all other employees; 777
expenditures other than for personnel, by category, including 778
utilities, textbooks and other educational materials, equipment, 779
permanent improvements, pupil transportation, extracurricular 780
athletics, and other extracurricular activities; and per pupil 781
expenditures.
(C) Administer and supervise the allocation and 783
distribution of all state and federal funds for public school 784
education under the provisions of law, and may prescribe such 785
systems of accounting as are necessary and proper to this 786
function. It may require county auditors and treasurers, boards 787
of education, educational service center governing boards, 788
treasurers of such boards, teachers, and other school officers 790
and employees, or other public officers or employees, to file 791
18
with it such reports as it may prescribe relating to such funds, 792
or to the management and condition of such funds. 793
(D) Formulate and prescribe minimum standards to be 795
applied to all elementary and secondary schools in this state for 796
the purpose of requiring a general education of high quality. 797
Such standards shall provide adequately for: a curriculum 798
sufficient to meet the needs of pupils in every community; 799
locally developed competency programs; the licensing of teachers, 801
administrators, and other professional personnel and their 802
assignment according to training and qualifications; efficient 803
and effective instructional materials and equipment, including 804
library facilities; the proper organization, administration, and 805
supervision of each school, including regulations for preparing 806
all necessary records and reports and the preparation of a 807
statement of policies and objectives for each school; buildings, 808
grounds, health and sanitary facilities and services; admission 809
of pupils, and such requirements for their promotion from grade 810
to grade as will assure that they are capable and prepared for 811
the level of study to which they are certified; requirements for 812
graduation; and such other factors as the board finds necessary. 813
In the formulation and administration of such standards for 815
nonpublic schools the board shall also consider the particular 816
needs, methods and objectives of those schools, provided they do 817
not conflict with the provision of a general education of a high 818
quality and provided that regular procedures shall be followed 819
for promotion from grade to grade of pupils who have met the 820
educational requirements prescribed. 821
(E) Formulate and prescribe minimum standards for driver 823
education courses conducted at high schools in the state or by 824
educational service centers or joint vocational school district 825
boards of education. In the formulation of standards for driver 826
education courses, the board shall call upon the director of 827
public safety for advice and assistance. The standards shall 828
require twenty-four hours of classroom instruction, and eight 829
19
hours of actual behind-the-wheel instruction conducted on public 830
streets and highways of this state, but shall not require any 831
additional hours of observation within a vehicle. The board
shall require energy conservation information as part of the 833
driver education curriculum. Such information shall include, but 834
need not be limited to, the identification of inefficient driving 835
techniques and improper maintenance as they relate to decreased 836
gas mileage, information regarding the costs and benefits of 837
different modes of travel, and information concerning relative 838
fuel economy and life-cycle costs of new automobile purchases. 839
The board also shall require financial responsibility information 840
as part of the driver education curriculum. THE BOARD ALSO MAY 841
REQUIRE AS PART OF THE HEALTH AND DRIVER EDUCATION CURRICULA 842
INFORMATION DEVELOPED UNDER SECTION 2108.15 OF THE REVISED CODE 843
PROMOTING THE DONATION OF ANATOMICAL GIFTS PURSUANT TO CHAPTER
2108. OF THE REVISED CODE AND PROVIDE THE INFORMATION TO HIGH 844
SCHOOLS, EDUCATIONAL SERVICE CENTERS, AND JOINT VOCATIONAL SCHOOL 845
DISTRICT BOARDS OF EDUCATION.
(F) Prepare and submit annually to the governor and the 847
general assembly a report on the status, needs, and major 848
problems of the public schools of the state, with recommendations 849
for necessary legislative action and a ten-year projection of the 850
state's public and nonpublic school enrollment, by year and by 851
grade level; 852
(G) Prepare and submit to the director of budget and 854
management the biennial budgetary requests of the state board of 855
education, for its agencies and for the public schools of the 856
state; 857
(H) Cooperate with federal, state, and local agencies 859
concerned with the health and welfare of children and youth of 860
the state; 861
(I) Require such reports from school districts and 863
educational service centers, school officers, and employees as 865
are necessary and desirable. The superintendents and treasurers 866
20
of school districts and educational service centers shall certify 867
as to the accuracy of all reports required by law or state board 868
or state department of education rules to be submitted by the 869
district or educational service center and which contain 870
information necessary for calculation of state funding. Any 871
superintendent who knowingly falsifies such report shall be 872
subject to license revocation pursuant to section 3319.31 of the 873
Revised Code.
(J) In accordance with Chapter 119. of the Revised Code, 875
adopt procedures, standards, and guidelines for the education of 876
handicapped children pursuant to Chapter 3323. of the Revised 877
Code, including procedures, standards, and guidelines governing 878
programs and services operated by county boards of mental 879
retardation and developmental disabilities pursuant to section 880
3323.09 of the Revised Code; 881
(K) For the purpose of encouraging the development of 883
special programs of education for academically gifted children, 884
employ competent persons to analyze and publish data, promote 885
research, advise and counsel with boards of education, and 886
encourage the training of teachers in the special instruction of 887
gifted children. The board may provide financial assistance out 888
of any funds appropriated for this purpose to boards of education 889
and educational service center governing boards for developing 891
and conducting programs of education for academically gifted 892
children.
(L) Require that all public schools emphasize and 894
encourage, within existing units of study, the teaching of energy 895
and resource conservation, beginning in the primary grades; 896
(M) Formulate and prescribe minimum standards requiring 898
the use of phonics as a technique in the teaching of reading in 899
grades kindergarten through three. In addition, the state board 900
shall provide in-service training programs for teachers on the 901
use of phonics as a technique in the teaching of reading in 902
grades kindergarten through three. 903
21
(N) Develop and modify as necessary a state plan for 905
technology to encourage and promote the use of technological 906
advancements in educational settings. 907
The board may adopt rules necessary for carrying out any 909
function imposed on it by law, and may provide rules as are 910
necessary for its government and the government of its employees, 911
and may delegate to the superintendent of public instruction the 912
management and administration of any function imposed on it by 913
law. It may provide for the appointment of board members to 914
serve on temporary committees established by the board for such 915
purposes as are necessary. Permanent or standing committees 916
shall not be created. 917
Sec. 4501.024. THE BUREAU OF MOTOR VEHICLES SHALL DO BOTH 919
OF THE FOLLOWING: 920
(A) DEVELOP AND MAINTAIN A DONOR REGISTRY AS REQUIRED BY 922
SECTION 2108.18 OF THE REVISED CODE; 923
(B) MAINTAIN A TOLL-FREE TELEPHONE NUMBER AS SPECIFIED IN 925
SECTION 2108.19 OF THE REVISED CODE. 926
Sec. 4717.17. A FUNERAL DIRECTOR MAY DESIGNATE IN WRITING 928
AN EYE BANK, TISSUE BANK, OR BOTH WITH WHICH THE FUNERAL DIRECTOR 929
WILL COOPERATE CONCERNING RETRIEVAL OF USABLE EYES AND TISSUES 930
THAT HAVE BEEN DONATED. 931
AN EYE OR TISSUE BANK DESIGNATED UNDER THIS SECTION HAS THE 933
PROPERTY RIGHT SPECIFIED IN SECTION 2108.02 OF THE REVISED CODE. 935
A FUNERAL DIRECTOR ACTING IN GOOD FAITH IS NOT LIABLE IN 937
DAMAGES FOR INJURY RESULTING FROM ACTING OR ATTEMPTING TO ACT IN 938
ACCORDANCE WITH THE DONOR'S DECLARATION UNDER SECTION 2108.04 OF 939
THE REVISED CODE OF AN ANATOMICAL GIFT. 941
Section 2. That existing sections 124.04, 2108.01, 943
2108.02, 2108.021, 2108.04, 2108.15, and 3301.07 and section 944
2108.022 of the Revised Code are hereby repealed. 945
Section 3. (A) There is hereby created the Organ Donor 947
Task Force. The task force shall consist of the following 948
members:
22
(1) The chairs of the standing committees of the House of 950
Representatives and Senate with primary responsibility for health 951
legislation;
(2) A representative of the Ohio State Bar Association; 953
(3) Three persons appointed by the President of the Senate 955
who are not members of the General Assembly; 956
(4) Three persons appointed by the Speaker of the House of 958
Representatives who are not members of the General Assembly. 960
(B) The task force shall do all of the following: 962
(1) Recommend a form for expressing the intent to make an 964
anatomical gift as provided in division (C) of section 2108.04 of 965
the Revised Code, to be distributed by the Bureau of Motor 966
Vehicles;
(2) Recommend changes to the documents of gift set forth 968
in section 2108.10 of the Revised Code to ensure that they are 969
suited to carrying out their intended purposes; 970
(3) Research the possibility of electronically connecting 972
the donor registry developed under section 2108.18 of the Revised 973
Code to donor registries outside Ohio; 974
(4) Research the procedures used by a funeral director and 976
an individual authorized to remove organs, tissue, or eyes 977
insofar as the procedures used by one could interfere with those 978
used by the other; 979
(5) Recommend, based on findings under division (B)(2) of 981
this section, methods to facilitate cooperation between funeral 982
directors and individuals authorized to remove organs, tissue, or 983
eyes so as to permit them to carry out their proper functions. 984
(C) In making its recommendations, the task force shall 987
consider that the form may be distributed by the Bureau of Motor
Vehicles in conjunction with an application for a driver's 989
license or motorcycle operator's license. The task force shall 990
also consider and make recommendations concerning how the form
may be made available to hospitals and recovery agencies. 991
(D) The task force shall, not later than September 1, 993
23
2001, submit a report of its recommendations and research to the 994
Speaker of the House of Representatives and the President of the 995
Senate. On submission of its final report, the task force shall 996
cease to exist.
(E) Members of the task force shall serve without 998
compensation but may be reimbursed for their actual and necessary 999
expenses in performing the official duties of the task force. 1,000
Section 4. This act is hereby declared to be an emergency 1,002
measure necessary for the immediate preservation of the public 1,003
peace, health, and safety. The reason for the emergency is that 1,004
thousands of Ohioans currently await life-saving or 1,005
life-enhancing organ, tissue, or eye transplants. A single donor 1,006
can impact dozens of lives, and this act is intended to increase 1,007
the incidence of organ, tissue, and eye donation. Therefore, 1,008
this act shall go into immediate effect. 1,009