As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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
BENDER-O'BRIEN-HOOPS-PATTON-SULLIVAN-DePIERO-D. MILLER-MYERS- 10
GRENDELL-JONES-DISTEL-NETZLEY-BUCHY-SALERNO-AMSTUTZ-BUEHRER- 11
BARRETT-CATES-METZGER-COLLIER-AUSTRIA-SCHULER-BOYD-CLANCY- 13
A. CORE-CORBIN-YOUNG-GERBERRY-SMITH-R. MILLER-J. BEATTY-
REDFERN-BRITTON-WIDENER-BARNES-TIBERI 14
_________________________________________________________________ 15
A B I L L
To amend sections 124.04, 2108.01, 2108.02, 17
2108.021, 2108.04, 2108.15, and 3301.07, to enact 18
sections 313.30, 2108.17, 2108.18, 2108.19,
2108.20, 4501.024, and 4717.17, and to repeal 19
section 2108.022 of the Revised Code to make 20
changes to the law regarding anatomical gifts and 21
to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 124.04, 2108.01, 2108.02, 25
2108.021, 2108.04, 2108.15, and 3301.07 be amended and sections 26
313.30, 2108.17, 2108.18, 2108.19, 2108.20, 4501.024, and 4717.17 28
of the Revised Code be enacted to read as follows:
Sec. 124.04. In addition to those powers enumerated in 37
Chapters 123. and 125. of the Revised Code and as provided 38
elsewhere by law, the powers, duties, and functions of the 39
department of administrative services not specifically vested in 40
and assigned to, or to be performed by, the state personnel board 41
of review are hereby vested in and assigned to, and shall be 42
performed by, the director of administrative services. These 44
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powers, duties, and functions shall include, but shall not be
limited to, the following powers, duties, and functions: 45
(A) To prepare, conduct, and grade all competitive 47
examinations for positions in the classified state service; 48
(B) To prepare, conduct, and grade all noncompetitive 50
examinations for positions in the classified state service; 51
(C) To prepare eligible lists containing the names of 53
persons qualified for appointment to positions in the classified 54
state service; 55
(D) To prepare or amend, in accordance with section 124.14 57
of the Revised Code, specifications descriptive of duties, 58
responsibilities, requirements, and desirable qualifications of 59
the various classifications of positions in the state service; 60
(E) To allocate and reallocate, upon the motion of the 63
director or upon request of an appointing authority and in
accordance with section 124.14 of the Revised Code, any position, 64
office, or employment in the state service to the appropriate 65
classification on the basis of the duties, responsibilities, 66
requirements, and qualifications of such position, office, or 67
employment;
(F) To develop and conduct personnel recruitment services 69
for positions in the state service; 70
(G) To conduct research on specifications, 72
classifications, and salaries of positions in the state service; 73
(H) To develop and conduct personnel training programs in 75
cooperation with appointing authorities; 76
(I) TO INCLUDE PERIODICALLY IN COMMUNICATIONS SENT TO 78
STATE EMPLOYEES INFORMATION DEVELOPED UNDER SECTION 2108.15 OF 79
THE REVISED CODE PROMOTING THE DONATION OF ANATOMICAL GIFTS UNDER 80
CHAPTER 2108. OF THE REVISED CODE;
(J) To enter into agreements with universities and 82
colleges for in-service training of personnel in the civil 84
service; 85
(J)(K) To appoint such examiners, inspectors, clerks, and 87
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other assistants as are necessary in the exercise of the powers 88
and performance of the duties and functions which the director is 89
by law authorized and required to exercise and perform and to 90
prescribe the duties of all such employees; 91
(K)(L) To maintain a journal, which shall be open to 93
public inspection, in which the director shall keep a record of 94
the director's final decision pertaining to the classification or 96
reclassification of positions in the state classified service and 97
assignment or reassignment of employees in the state classified 98
service to specific position classifications; 99
(L)(M) To delegate any of the powers, functions, or duties 101
granted or assigned to the director under this chapter to any 103
other state agency of this state as the director considers 104
necessary; 105
(M)(N) To delegate any of the powers, functions, or duties 107
granted or assigned to the director under this chapter to any 109
political subdivision with the concurrence of the legislative 110
authority of the political subdivision. 111
Sec. 313.30. A CORONER MAY DESIGNATE IN WRITING AN EYE 113
BANK, TISSUE BANK, OR BOTH WITH WHICH THE CORONER WILL COOPERATE 114
CONCERNING RETRIEVAL OF USABLE EYES AND TISSUES THAT HAVE BEEN 115
DONATED.
AN EYE OR TISSUE BANK DESIGNATED UNDER THIS SECTION HAS THE 117
PROPERTY RIGHT SPECIFIED IN SECTION 2108.02 OF THE REVISED CODE. 119
A CORONER ACTING IN GOOD FAITH IS NOT LIABLE IN DAMAGES FOR 121
INJURY RESULTING FROM ACTING OR ATTEMPTING TO ACT IN ACCORDANCE 122
WITH THE DONOR'S DECLARATION UNDER SECTION 2108.04 OF THE REVISED 123
CODE OF AN ANATOMICAL GIFT. 125
Sec. 2108.01. As used in sections 2108.01 to 2108.12 of 135
the Revised Code: 136
(A) "Anatomical gift" means a donation of all or part of a 138
human body to take effect upon or after death. 139
(B) "Decedent" means a deceased individual and includes a 141
stillborn infant or fetus. 142
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(C) IF A WILL OR OTHER DOCUMENT BY WHICH AN ANATOMICAL 145
GIFT IS MADE INCLUDES A VALID SPECIFICATION OF THE INTENDED 146
DONEE, "DONEE" MEANS THE SPECIFIED PERSON OR ENTITY; OTHERWISE,
"DONEE" MEANS, IN THE CASE OF ORGANS, AN ORGAN PROCUREMENT 147
ORGANIZATION THAT SERVES THE REGION OF THE STATE WHERE THE BODY 148
OF THE DONOR IS LOCATED OR, IN THE CASE OF TISSUE OR EYES, AN 149
ORGANIZATION ENTITLED BY LAW TO RECOVER THE TISSUE OR EYES FROM 151
THE DONOR'S BODY.
(D) "Donor" means an individual who makes an anatomical 153
gift. 154
(D)(E) "Hospital" means any hospital operated in this 156
state that is certified under Title XVIII of the "Social Security 157
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or 158
accredited by the joint commission on accreditation of healthcare 159
organizations or the American osteopathic association. 160
"Hospital" also means a facility licensed, accredited, 161
registered, or approved as a hospital under the laws of any 162
state, and includes a facility operated as a hospital by a state 163
or a subdivision of the state, although not required to be 164
licensed under state laws.
(E)(F) "Identification card" means an identification card 166
issued under sections 4507.50 and 4507.51 of the Revised Code. 167
(F)(G) "Part" means any portion of a human body. 169
(G)(H) "Tissue" means any body part other than an organ or 171
eye. 172
(H)(I) "Person" has the same meaning as in section 1.59 of 174
the Revised Code and also includes a government or governmental 175
subdivision or agency. 176
(I)(J) "Physician" or "surgeon" means an individual who is 178
licensed or authorized to practice medicine and surgery or 179
osteopathic medicine and surgery under the laws of any state. 180
(J)(K) "Recovery agency" means a nonprofit organization 182
incorporated under Chapter 1702. of the Revised Code that is one 184
of the following:
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(1) An organ procurement organization designated by the 186
secretary of health and human services pursuant to Title XVIII of 187
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, 188
1320b-8, as amended; 189
(2) An eye bank certified THAT IS ACCREDITED by the eye 191
bank association of America OR THAT HAS APPLIED FOR 193
ACCREDITATION, IS IN SUBSTANTIAL COMPLIANCE WITH ACCREDITATION 194
STANDARDS OF THE ASSOCIATION, AND SINCE APPLYING FOR 195
ACCREDITATION HAS BEEN IN OPERATION FOR NOT LONGER THAN ONE YEAR; 196
(3) A tissue bank that is certified by the American 198
association of tissue banks or that has applied for certification 199
and, is in substantial compliance with certification standards of 201
the association, AND SINCE APPLYING FOR CERTIFICATION HAS BEEN IN
OPERATION FOR NOT LONGER THAN ONE YEAR. 202
Sec. 2108.02. (A) Any individual of sound mind may make 211
an anatomical gift for any purpose specified in section 2108.03 212
of the Revised Code, the anatomical gift to take effect upon his 213
THE INDIVIDUAL'S death, if either of the following conditions 215
applies:
(1) The individual is eighteen years of age or more; 217
(2) The individual is less than eighteen years of age and 219
a parent or guardian of the individual signs a document pursuant 220
to division (B)(2) or a statement pursuant to division (C) of 221
section 2108.04 of the Revised Code. 222
(B) Any of the following persons, in the order of priority 224
stated, when persons in prior classes are not available at the 225
time of death, and in the absence of actual notice of contrary 226
indications by the decedent or actual notice of opposition by a 227
member of the same or a prior class, may make an anatomical gift 228
of all or any part of the body of a decedent for any purpose 229
specified in section 2108.03 of the Revised Code: 230
(1) The spouse; 232
(2) An adult son or daughter; 234
(3) Either parent; 236
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(4) An adult brother or sister; 238
(5) A grandparent; 240
(6) A guardian of the person of the decedent at the time 242
of his THE DECEDENT'S death; 243
(7) Any other person authorized or under obligation to 245
dispose of the body. 246
(C) The donee shall not accept the anatomical gift if he 248
THE DONEE has actual notice of contrary indications by the 250
decedent or IF THE ANATOMICAL GIFT IS MADE PURSUANT TO DIVISION 251
(B) OF THIS SECTION AND that an anatomical gift by a member of a 253
class is opposed by a member of the same or a prior class. The 254
persons authorized in division (B) of this section may make the 255
anatomical gift after or immediately before death. 256
(D) An anatomical gift authorizes any examination 258
necessary to ensure medical acceptability of the anatomical gift 259
for the purpose intended. 260
(E) The rights of the donee created by the anatomical gift 262
are paramount to the rights of others except that a coroner or, 263
in his THE CORONER'S absence, a deputy coroner, who has, under 264
section 313.13 of the Revised Code, taken charge of the 266
decedent's dead body and decided that an autopsy is necessary, 267
has a right to the dead body and any part that is paramount to 268
the rights of the donee. The coroner, or in his THE CORONER'S 269
absence, the deputy coroner, may waive this paramount right and 271
permit the donee to take a donated part if the donated part is or 272
will be unnecessary for successful completion of the autopsy or 273
for evidence. If the coroner or deputy coroner does not waive 274
his THIS paramount right and later determines, while performing 275
the autopsy, that the donated part is or will be unnecessary for 276
successful completion of the autopsy or for evidence, he THE 277
CORONER OR DEPUTY CORONER may thereupon waive his THE paramount 278
right and permit the donee to take the donated part, either 279
during the autopsy or after it is completed. 280
(F) THE DONEE HAS A PROPERTY RIGHT IN AN ANATOMICAL GIFT 282
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DONATED PURSUANT TO SECTIONS 2108.02 AND 2108.04 OF THE REVISED 284
CODE AND MAY ENFORCE THIS RIGHT IN AN ACTION FOR A DECLARATORY 285
JUDGMENT UNDER CHAPTER 2721. OF THE REVISED CODE IN THE COMMON 287
PLEAS COURT OF THE COUNTY WHERE THE DONOR LAST RESIDED OR DIED OR 288
THE COUNTY WHERE THE DONEE RESIDES. THE COURT SHALL GIVE SUCH AN 289
ACTION PRECEDENCE OVER OTHER PENDING ACTIONS.
(G) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS 291
REQUIRING A DONEE TO ACCEPT AN ANATOMICAL GIFT. 292
Sec. 2108.021. (A) Every hospital shall develop and 301
implement a written protocol CONSISTENT WITH 42 C.F.R. SECTION 304
482.45 for facilitating procurement of anatomical gifts in 305
consultation with all recovery agencies that work with the 306
hospital in procuring and realizing anatomical gifts. The 307
protocol shall include provisions under which the hospital shall 308
do all of the following: 309
(1) Enter into an agreement with an organ procurement 311
organization that does all of the following: 312
(a) Provides for the hospital to give timely notice as 314
provided in division (B) of this section that an individual's 316
death is imminent or the individual has died in the hospital; 318
(b) Provides for the organ procurement organization to 320
determine the medical suitability of the potential donor for 321
organ donation;
(c) On notification by the hospital of the death or 323
imminent death of a potential eye or tissue donor, provides for 324
the organ procurement organization or third party described in 325
division (B) of this section to notify in a timely manner the eye 327
and tissue banks the hospital has agreements with under division 328
(C) of this section;
(d) Unless an agreement the hospital has entered into with 330
an eye bank or tissue bank under division (C) of this section 331
provides for the eye or tissue bank to determine medical 332
suitability of the potential donor for eye or tissue donation, 333
provides for the organ procurement organization to determine 334
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medical suitability of each potential donor for eye and tissue 335
donations.
(2) Collaborate with the organ procurement organization to 338
establish a procedure for requesting organ, eye, or tissue 339
donations that ensures the family of each potential donor is 340
notified of the option to donate organs, eyes, or tissues, or to 341
decline to donate;
(3) Encourage discretion and sensitivity with respect to 343
the circumstances, opinions, and beliefs of the family of each 344
potential donor; 345
(4) Cooperate with the organ procurement organization and 347
an eye bank and a tissue bank to do all of the following: 348
(a) Educate staff on donation issues; 350
(b) Review death certificates and other records to improve 352
identification of potential donors; 353
(c) Maintain the body of each potential donor while 355
necessary testing and matching of potential donated organs, 356
tissues, and eyes take place. 357
(B) An organ procurement organization, in consultation and 359
agreement with the eye banks and tissue banks the hospital has 360
agreements with under division (C) of this section, may designate 361
a third party to receive the notice required under division 362
(A)(1)(a) of this section. If a third party is designated in 364
accordance with this division, the agreement between the hospital 365
and the organ procurement organization shall specify that the 367
notice is to be given to the third party. If a third party is 368
not designated in accordance with this division, the agreement 369
between the hospital and the organ procurement organization shall 370
require the hospital to give the notice to the organ procurement 371
organization or a third party designated by the organ procurement 372
organization.
(C) Each hospital shall enter into an agreement with at 374
least one eye bank and at least one tissue bank with which the 375
hospital will cooperate to retrieve, process, preserve, store, 377
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and distribute all usable eyes and tissues that have been
donated. 378
An agreement between a hospital and an eye bank may provide 381
for the eye bank to determine the medical suitability of each 382
potential donor for eye donation. An agreement between a 383
hospital and a tissue bank may provide for the tissue bank to
determine the medical suitability of each potential donor for 384
tissue donation. 385
Nothing in an agreement entered into under this division 387
shall interfere with the procurement of organs under an agreement 388
entered into under division (A)(1) of this section. 389
Sec. 2108.04. (A) An individual eighteen years of age or 398
older may make an anatomical gift by will under division (A) of 399
section 2108.02 of the Revised Code. The anatomical gift becomes 400
effective upon the death of the testator without waiting for 401
probate. If the will is not probated or if it is declared 402
invalid for testamentary purposes, the anatomical gift, to the 403
extent that it has been acted upon in good faith, is nevertheless 404
valid and effective. 405
(B)(1) An individual may also make an anatomical gift 407
under division (A) of section 2108.02 of the Revised Code by a 408
document other than a will. The anatomical gift becomes 409
effective upon the death of the donor. The document, which may 410
be a card designed to be carried on the person, shall be signed 411
by the donor in the presence of two witnesses who shall sign the 412
document in his THE DONOR'S presence. If the donor cannot sign, 413
the document may be signed for him THE DONOR at his THE DONOR'S 415
direction and in the presence of two witnesses, having no 417
affiliation with the donee, who shall sign the document in his 418
THE DONOR'S presence. Delivery of the document of gift during 420
the donor's lifetime is not necessary to make the anatomical gift 421
valid.
(2) If a person less than eighteen years of age wishes to 423
make an anatomical gift under division (B)(1) of this section, 424
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one of the witnesses who signs the document shall be a parent or 425
guardian of that person. 426
(C) An anatomical gift under division (A) of section 428
2108.02 of the Revised Code may also be made by a designation, to 429
be provided for on all Ohio driver's or commercial driver's 430
licenses and motorcycle operator's licenses or endorsements, and 431
on all identification cards. The anatomical gift becomes 432
effective upon the death of the donor. The holder of the 433
driver's or commercial driver's license or endorsement, or the 434
holder of the identification card must sign a statement at the 435
time of application or renewal of the license, endorsement, or 436
identification card in the presence of two witnesses, who must 437
sign the statement in the presence of the donor; except that when 438
the holder of the license or card is less than eighteen years of 439
age, one of the witnesses who signs shall be a parent or guardian 440
of the holder. Delivery of the license or identification card 441
during the donor's lifetime is not necessary to make the 442
anatomical gift valid. Revocation or, suspension, OR EXPIRATION 444
of the license or endorsement will not invalidate the anatomical 445
gift. The anatomical gift must be renewed upon renewal of each 447
license, endorsement, or identification card. If the statement 448
is ambiguous as to whether a general or specific anatomical gift 449
is intended by the donor, the statement shall be construed as 450
evidencing the specific anatomical gift only. 451
(D) Except as provided in section 2108.07 of the Revised 453
Code, the donee or other person authorized to accept the 454
anatomical gift may employ or authorize any surgeon or physician 455
to carry out the appropriate procedures. 456
(E) Any anatomical gift by a person specified in division 458
(B) of section 2108.02 of the Revised Code shall be made in one 459
of the following ways: 460
(1) By a document signed by him THE PERSON; 462
(2) By telegram; 464
(3) By a telephone call in which two persons receive the 466
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message and one of them prepares written documentation of the 467
message, or by a telephone call that is recorded mechanically or 468
electronically. 469
(F) A VALID DECLARATION OF AN ANATOMICAL GIFT MADE UNDER 472
DIVISION (A), (B), OR (C) OF THIS SECTION PREVAILS OVER ANY 473
CONTRARY DESIRES OF THE DONOR'S FAMILY REGARDING THE DONOR'S 474
CORPSE, BUT NOTHING IN THIS SECTION SHALL BE CONSTRUED AS 475
REQUIRING A DONEE TO ACCEPT AN ANATOMICAL GIFT.
Sec. 2108.15. (A) There is hereby created in the state 484
treasury the second chance trust fund. The fund shall consist of 485
voluntary contributions deposited as provided in sections 486
4506.081, 4507.231, and 4507.501 of the Revised Code. All 487
investment earnings of the fund shall be credited to the fund. 488
(B) The director of health shall use the money in the fund 490
only for the following purposes: 491
(A)(1) Development and implementation of a campaign that 493
explains and promotes the second chance trust fund; 495
(B)(2) Development and implementation of a LOCAL AND 498
statewide public education program PROGRAMS about organ, tissue, 499
and eye donation, including the informational material required 501
to be provided under sections 4506.081, 4507.231, and 4507.501 of 502
the Revised Code;
(C)(3) Development and implementation of LOCAL AND 504
statewide donor awareness programs in secondary schools; 506
(D)(4) Development and implementation of LOCAL AND 508
statewide programs to recognize donor families; 510
(E)(5) DEVELOPMENT AND DISTRIBUTION OF MATERIALS PROMOTING 512
ORGAN, TISSUE, AND EYE DONATION; 513
(6) COOPERATION WITH THE OHIO SUPREME COURT, OHIO STATE 516
BAR ASSOCIATION, AND LAW SCHOOLS OF THIS STATE TO MORE 517
EFFECTIVELY EDUCATE ATTORNEYS ABOUT THE DONATION OF ANATOMICAL 518
GIFTS AND TO ENCOURAGE THEM TO ASSIST THEIR CLIENTS IN DONATING 519
ANATOMICAL GIFTS THROUGH ANATOMICAL GIFT DECLARATIONS, DURABLE 520
POWERS OF ATTORNEY FOR HEALTH CARE, DECLARATIONS AS DEFINED IN 521
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SECTION 2133.01 OF THE REVISED CODE, WILLS, AND ANY OTHER 522
APPROPRIATE MEANS;
(7) COOPERATION WITH THE STATE MEDICAL BOARD, STATE 524
MEDICAL, OSTEOPATHIC, AND OPTHALMOLOGICAL ASSOCIATIONS, AND 525
COLLEGES OF MEDICINE AND OSTEOPATHIC MEDICINE IN THIS STATE TO 526
MORE EFFECTIVELY EDUCATE PHYSICIANS ABOUT THE DONATION OF 527
ANATOMICAL GIFTS AND TO ENCOURAGE THEM TO ASSIST THEIR PATIENTS 528
IN MAKING DECLARATIONS OF ANATOMICAL GIFTS; 529
(8) DEVELOPMENT AND INITIAL IMPLEMENTATION OF THE DONOR 531
REGISTRY ESTABLISHED PURSUANT TO SECTION 2108.18 OF THE REVISED 532
CODE, EXCEPT THAT THE TOTAL AMOUNT EXPENDED SHALL NOT EXCEED ONE 533
HUNDRED FIFTY THOUSAND DOLLARS;
(9) Development of statewide hospital training programs to 535
encourage and facilitate compliance with the provisions of 536
section 2108.021 of the Revised Code concerning circumstances 537
under which an anatomical gift is required to be requested; 538
(F)(10) Reimbursement of the bureau of motor vehicles for 541
the administrative costs incurred in the performance of duties 542
under sections 4506.081, 4507.231, and 4507.501 of the Revised 543
Code.;
(G) Payment of the compensation of a staff member of the 545
department of health for the staff member's time spent monitoring 546
hospital compliance with sections 2108.01 to 2108.09 of the 547
Revised Code;
(H) Until December 31, 2000, reimbursement (11) 550
REIMBURSEMENT OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE 551
COSTS INCURRED IN THE PERFORMANCE OF DUTIES UNDER THIS SECTION 552
AND SECTION 2108.17 OF THE REVISED CODE; 553
(12) REIMBURSEMENT of board members OF THE SECOND CHANCE 556
FUND ADVISORY COMMITTEE for actual and necessary expenses 557
incurred in the performance of official duties.
Until December 31, 2000, the (C) THE DIRECTOR SHALL MAKE 560
THE MATERIALS DEVELOPED UNDER DIVISION (B)(5) OF THIS SECTION 561
AVAILABLE TO OTHER STATE AGENCIES. 562
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(D) THE director shall consider recommendations made by 565
the second chance trust fund board ADVISORY COMMITTEE pursuant to 566
section 2108.16 2108.17 of the Revised Code. Until December 31, 567
2000, the THE director shall determine the appropriateness of and 570
approve or disapprove projects recommended by the board ADVISORY 571
COMMITTEE for funding. On and after December 31, 2000, the 573
director shall determine the appropriateness of and approve or 574
disapprove projects. The director shall AND approve or 575
disapprove the disbursement of money from the second chance trust 577
fund.
Sec. 2108.17. (A) THERE IS HEREBY CREATED WITHIN THE 579
DEPARTMENT OF HEALTH THE SECOND CHANCE TRUST FUND ADVISORY 581
COMMITTEE, CONSISTING OF ELEVEN MEMBERS. THE MEMBERS SHALL 582
INCLUDE THE FOLLOWING:
(1) THE CHAIRS OF THE STANDING COMMITTEES OF THE HOUSE OF 584
REPRESENTATIVES AND SENATE WITH PRIMARY RESPONSIBILITIES FOR 585
HEALTH LEGISLATION;
(2) ONE REPRESENTATIVE OF EACH OF THE FOLLOWING APPOINTED 588
BY THE DIRECTOR OF HEALTH:
(a) AN OHIO ORGAN PROCUREMENT ORGANIZATION THAT IS A 591
MEMBER OF THE ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK; 593
(b) AN OHIO TISSUE BANK THAT IS AN ACCREDITED MEMBER OF 596
THE AMERICAN ASSOCIATION OF TISSUE BANKS AND IS NOT AFFILIATED 597
WITH AN ORGAN PROCUREMENT ORGANIZATION;
(c) AN OHIO EYE BANK THAT IS CERTIFIED BY THE EYE BANK 600
ASSOCIATION OF AMERICA AND IS NOT AFFILIATED WITH AN ORGAN 601
PROCUREMENT ORGANIZATION;
(d) THE OHIO SOLID ORGAN TRANSPLANTATION CONSORTIUM; 603
(e) THE OHIO HOSPITAL ASSOCIATION; 605
(f) THE DEPARTMENT OF HEALTH. 607
(3) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 609
THREE MEMBERS OF THE PUBLIC APPOINTED BY THE DIRECTOR WHO ARE NOT 610
AFFILIATED WITH RECOVERY AGENCIES. 611
(B) NO TWO MEMBERS APPOINTED UNDER DIVISIONS (A)(2)(a), 614
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(b), AND (c) OF THIS SECTION SHALL BE FROM THE SAME ORGAN 615
PROCUREMENT AND DISTRIBUTION SERVICE AREA DESIGNATED BY THE 616
UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES. 617
(C) OF THE MEMBERS FIRST APPOINTED UNDER DIVISION (A)(2) 619
OF THIS SECTION, THE REPRESENTATIVES OF THE ORGAN PROCUREMENT 621
ORGANIZATION, TISSUE PROCUREMENT ORGANIZATION, AND EYE BANK SHALL 622
SERVE TERMS OF THREE YEARS; THE REPRESENTATIVES OF THE DEPARTMENT 624
OF HEALTH AND OHIO SOLID ORGAN TRANSPLANTATION CONSORTIUM SHALL 625
SERVE TERMS OF TWO YEARS; AND THE MEMBER REPRESENTING THE OHIO 626
HOSPITAL ASSOCIATION SHALL SERVE A TERM OF ONE YEAR. THEREAFTER, 628
ALL MEMBERS SHALL SERVE TERMS OF THREE YEARS. 629
(D) THE MEMBERS INITIALLY APPOINTED UNDER DIVISION (A)(3) 632
OF THIS SECTION SHALL BE REPRESENTATIVES OF THE FOLLOWING:
(1) AN ORGAN PROCUREMENT ORGANIZATION IN OHIO DESIGNATED 634
BY THE UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES THAT 635
IS NOT REPRESENTED BY THE APPOINTMENT UNDER DIVISION (A)(2)(a) OF 638
THIS SECTION;
(2) AN OHIO TISSUE BANK THAT IS AN ACCREDITED MEMBER OF 640
THE AMERICAN ASSOCIATION OF TISSUE BANKS, NOT AFFILIATED WITH AN 641
ORGAN PROCUREMENT ORGANIZATION, AND NOT REPRESENTED BY THE 642
APPOINTMENT UNDER DIVISION (A)(2)(b) OF THIS SECTION; 643
(3) AN OHIO EYE BANK THAT IS CERTIFIED BY THE EYE BANK 645
ASSOCIATION OF AMERICA, NOT AFFILIATED WITH AN ORGAN PROCUREMENT 646
ORGANIZATION, AND NOT REPRESENTED BY THE APPOINTMENT UNDER 648
DIVISION (A)(2)(c) OF THIS SECTION. 649
THE THREE MEMBERS SHALL SERVE UNTIL THE PROPOSED RULES 652
UNDER SECTION 2108.18 OF THE REVISED CODE ARE FORMULATED. AFTER 653
THE INITIAL APPOINTMENTS, THE DIRECTOR SHALL APPOINT THREE 654
MEMBERS OF THE PUBLIC WHO ARE NOT AFFILIATED WITH RECOVERY 655
AGENCIES TO SERVE TERMS OF THREE YEARS. 656
(E) NO INDIVIDUAL APPOINTED UNDER DIVISION (A)(2) OR (3) 658
OF THIS SECTION SHALL SERVE MORE THAN TWO CONSECUTIVE TERMS, 659
REGARDLESS OF WHETHER THE TERMS WERE FULL OR PARTIAL TERMS. EACH 661
MEMBER SHALL SERVE FROM THE DATE OF APPOINTMENT UNTIL THE
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MEMBER'S SUCCESSOR IS APPOINTED. ALL VACANCIES ON THE COMMITTEE 662
SHALL BE FILLED FOR THE BALANCE OF THE UNEXPIRED TERM IN THE SAME 663
MANNER AS THE ORIGINAL APPOINTMENT. 664
(F) THE COMMITTEE SHALL ANNUALLY ELECT A CHAIRPERSON FROM 666
AMONG ITS MEMBERS AND SHALL ESTABLISH PROCEDURES FOR THE 668
GOVERNANCE OF ITS OPERATIONS. THE COMMITTEE SHALL MEET AT LEAST 669
SEMIANNUALLY. IT SHALL SUBMIT AN ANNUAL REPORT OF ITS ACTIVITIES 670
AND RECOMMENDATIONS TO THE DIRECTOR OF HEALTH. 671
(G) COMMITTEE MEMBERS SHALL SERVE WITHOUT COMPENSATION, 673
BUT SHALL BE REIMBURSED FROM THE SECOND CHANCE TRUST FUND FOR ALL 675
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF
OFFICIAL DUTIES. 676
(H) THE COMMITTEE SHALL DO ALL OF THE FOLLOWING: 678
(1) MAKE RECOMMENDATIONS TO THE DIRECTOR OF HEALTH FOR 680
PROJECTS FOR FUNDING FROM THE SECOND CHANCE TRUST FUND; 681
(2) CONSULT WITH THE REGISTRAR OF MOTOR VEHICLES IN 684
FORMULATING PROPOSED RULES UNDER DIVISION (C)(1) OF SECTION 685
2108.18 OF THE REVISED CODE;
(3) AS REQUESTED, CONSULT WITH THE REGISTRAR OR DIRECTOR 687
ON OTHER MATTERS RELATED TO ORGAN DONATION. 688
(I) THE COMMITTEE IS NOT SUBJECT TO SECTION 101.84 OF THE 690
REVISED CODE.
Sec. 2108.18. (A) THE BUREAU OF MOTOR VEHICLES SHALL 692
DEVELOP AND MAINTAIN A DONOR REGISTRY THAT IDENTIFIES EACH 693
INDIVIDUAL WHO HAS AGREED TO MAKE AN ANATOMICAL GIFT BY A 696
DESIGNATION ON A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR 697
MOTORCYCLE OPERATOR'S LICENSE OR ENDORSEMENT AS PROVIDED IN 698
DIVISION (C) OF SECTION 2108.04 OF THE REVISED CODE. THE 699
REGISTRY SHALL BE FULLY OPERATIONAL NOT LATER THAN JULY 1, 2002. 700
(B) THE BUREAU SHALL MAINTAIN THE REGISTRY IN A MANNER 702
THAT PROVIDES TO ORGAN PROCUREMENT ORGANIZATIONS, TISSUE BANKS, 703
AND EYE BANKS IMMEDIATE ACCESS TO THE INFORMATION IN THE REGISTRY 705
TWENTY-FOUR HOURS A DAY AND SEVEN DAYS A WEEK. 706
(C)(1) THE REGISTRAR OF MOTOR VEHICLES, IN CONSULTATION 709
16
WITH THE DIRECTOR OF HEALTH AND THE SECOND CHANCE TRUST FUND 710
ADVISORY COMMITTEE CREATED UNDER SECTION 2108.17 OF THE REVISED
CODE, SHALL FORMULATE PROPOSED RULES THAT SPECIFY ALL OF THE 712
FOLLOWING:
(a) THE INFORMATION TO BE INCLUDED IN THE REGISTRY; 714
(b) A PROCESS, IN ADDITION TO THAT PROVIDED FOR IN SECTION 717
2108.06 OF THE REVISED CODE, FOR AN INDIVIDUAL TO REVOKE THE 718
INDIVIDUAL'S INTENT TO MAKE AN ANATOMICAL GIFT AND FOR UPDATING 719
INFORMATION IN THE REGISTRY;
(c) HOW THE REGISTRY WILL BE MADE AVAILABLE TO ORGAN 721
PROCUREMENT ORGANIZATIONS, TISSUE BANKS, AND EYE BANKS; 722
(d) LIMITATIONS ON THE USE OF AND ACCESS TO THE REGISTRY; 724
(e) HOW INFORMATION ON ORGAN, TISSUE, AND EYE DONATION 726
WILL BE DEVELOPED AND DISSEMINATED TO THE PUBLIC BY THE BUREAU 727
AND THE DEPARTMENT OF HEALTH; 728
(f) ANYTHING ELSE THE REGISTRAR CONSIDERS APPROPRIATE. 730
(2) IN FORMULATING THE PROPOSED RULES UNDER THIS DIVISION, 733
THE REGISTRAR MAY CONSULT WITH ANY PERSON OR ENTITY THAT 734
EXPRESSES AN INTEREST IN THE MATTERS TO BE DEALT WITH IN THE 735
RULES.
(3) FOLLOWING FORMULATION OF THE PROPOSED RULES, BUT NOT 737
LATER THAN JANUARY 1, 2002, THE REGISTRAR SHALL ADOPT RULES IN 739
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.
(D) THE COSTS OF DEVELOPING AND INITIALLY IMPLEMENTING THE 742
REGISTRY SHALL BE PAID FROM THE SECOND CHANCE TRUST FUND CREATED 743
IN SECTION 2108.15 OF THE REVISED CODE. 744
Sec. 2108.19. THE BUREAU OF MOTOR VEHICLES SHALL MAINTAIN 746
A TOLL-FREE TELEPHONE NUMBER AVAILABLE TWENTY-FOUR HOURS A DAY 747
THAT THE PUBLIC MAY USE TO OBTAIN INFORMATION ON BECOMING AN 748
ORGAN, TISSUE, OR EYE DONOR AS PROVIDED IN SECTION 2108.04 OF THE 749
REVISED CODE. THE BUREAU OF MOTOR VEHICLES SHALL PAY THE COSTS 751
OF MAINTAINING THE TOLL-FREE TELEPHONE NUMBER. 752
Sec. 2108.20. THE BUREAU OF MOTOR VEHICLES, REGISTRAR OF 754
MOTOR VEHICLES, DEPUTY REGISTRARS OF MOTOR VEHICLES, AND AGENTS 755
17
AND EMPLOYEES OF THE BUREAU OF MOTOR VEHICLES ARE NOT LIABLE FOR 756
DAMAGES IN ANY CIVIL ACTION OR SUBJECT TO PROSECUTION IN A 757
CRIMINAL PROCEEDING FOR ACTING, ATTEMPTING TO ACT, OR FAILING TO 758
ACT IN ACCORDANCE WITH SECTION 2108.18, 2108.19, OR 4501.024 OF
THE REVISED CODE, UNLESS THE ACT, ATTEMPT, OR OMISSION WAS 760
COMMITTED OR OMITTED WITH MALICIOUS PURPOSE, IN BAD FAITH, OR IN 761
A WANTON OR RECKLESS MANNER.
Sec. 3301.07. The state board of education shall exercise 770
under the acts of the general assembly general supervision of the 771
system of public education in the state. In addition to the 772
powers otherwise imposed on the state board under the provisions 773
of law, the board shall have the following powers: 774
(A) Exercise policy forming, planning, and evaluative 776
functions for the public schools of the state, and for adult 777
education, except as otherwise provided by law; 778
(B) Exercise leadership in the improvement of public 780
education in this state, and administer the educational policies 781
of this state relating to public schools, and relating to 782
instruction and instructional material, building and equipment, 783
transportation of pupils, administrative responsibilities of 784
school officials and personnel, and finance and organization of 785
school districts, educational service centers, and territory. 786
Consultative and advisory services in such matters shall be 787
provided by the board to school districts and educational service 788
centers of this state. The board also shall develop a standard 789
of financial reporting which shall be used by all school
districts and educational service centers to make their financial 790
information available to the public in a format understandable by 792
the average citizen and provide year-to-year comparisons for at 793
least five years. The format shall show, among other things, 794
district and educational service center revenue by source; 795
expenditures for salaries, wages, and benefits of employees, 796
showing such amounts separately for classroom teachers, other 797
employees required to hold licenses issued pursuant to sections 798
18
3319.22 to 3319.31 of the Revised Code, and all other employees; 799
expenditures other than for personnel, by category, including 800
utilities, textbooks and other educational materials, equipment, 801
permanent improvements, pupil transportation, extracurricular 802
athletics, and other extracurricular activities; and per pupil 803
expenditures.
(C) Administer and supervise the allocation and 805
distribution of all state and federal funds for public school 806
education under the provisions of law, and may prescribe such 807
systems of accounting as are necessary and proper to this 808
function. It may require county auditors and treasurers, boards 809
of education, educational service center governing boards, 810
treasurers of such boards, teachers, and other school officers 812
and employees, or other public officers or employees, to file 813
with it such reports as it may prescribe relating to such funds, 814
or to the management and condition of such funds. 815
(D) Formulate and prescribe minimum standards to be 817
applied to all elementary and secondary schools in this state for 818
the purpose of requiring a general education of high quality. 819
Such standards shall provide adequately for: a curriculum 820
sufficient to meet the needs of pupils in every community; 821
locally developed competency programs; the licensing of teachers, 823
administrators, and other professional personnel and their 824
assignment according to training and qualifications; efficient 825
and effective instructional materials and equipment, including 826
library facilities; the proper organization, administration, and 827
supervision of each school, including regulations for preparing 828
all necessary records and reports and the preparation of a 829
statement of policies and objectives for each school; buildings, 830
grounds, health and sanitary facilities and services; admission 831
of pupils, and such requirements for their promotion from grade 832
to grade as will assure that they are capable and prepared for 833
the level of study to which they are certified; requirements for 834
graduation; and such other factors as the board finds necessary. 835
19
In the formulation and administration of such standards for 837
nonpublic schools the board shall also consider the particular 838
needs, methods and objectives of those schools, provided they do 839
not conflict with the provision of a general education of a high 840
quality and provided that regular procedures shall be followed 841
for promotion from grade to grade of pupils who have met the 842
educational requirements prescribed. 843
(E) Formulate and prescribe minimum standards for driver 845
education courses conducted at high schools in the state or by 846
educational service centers or joint vocational school district 847
boards of education. In the formulation of standards for driver 848
education courses, the board shall call upon the director of 849
public safety for advice and assistance. The standards shall 850
require twenty-four hours of classroom instruction, and eight 851
hours of actual behind-the-wheel instruction conducted on public 852
streets and highways of this state, but shall not require any 853
additional hours of observation within a vehicle. The board
shall require energy conservation information as part of the 855
driver education curriculum. Such information shall include, but 856
need not be limited to, the identification of inefficient driving 857
techniques and improper maintenance as they relate to decreased 858
gas mileage, information regarding the costs and benefits of 859
different modes of travel, and information concerning relative 860
fuel economy and life-cycle costs of new automobile purchases. 861
The board also shall require financial responsibility information 862
as part of the driver education curriculum. THE BOARD ALSO MAY 863
REQUIRE AS PART OF THE HEALTH AND DRIVER EDUCATION CURRICULA 864
INFORMATION DEVELOPED UNDER SECTION 2108.15 OF THE REVISED CODE 865
PROMOTING THE DONATION OF ANATOMICAL GIFTS PURSUANT TO CHAPTER
2108. OF THE REVISED CODE AND PROVIDE THE INFORMATION TO HIGH 866
SCHOOLS, EDUCATIONAL SERVICE CENTERS, AND JOINT VOCATIONAL SCHOOL 867
DISTRICT BOARDS OF EDUCATION.
(F) Prepare and submit annually to the governor and the 869
general assembly a report on the status, needs, and major 870
20
problems of the public schools of the state, with recommendations 871
for necessary legislative action and a ten-year projection of the 872
state's public and nonpublic school enrollment, by year and by 873
grade level; 874
(G) Prepare and submit to the director of budget and 876
management the biennial budgetary requests of the state board of 877
education, for its agencies and for the public schools of the 878
state; 879
(H) Cooperate with federal, state, and local agencies 881
concerned with the health and welfare of children and youth of 882
the state; 883
(I) Require such reports from school districts and 885
educational service centers, school officers, and employees as 887
are necessary and desirable. The superintendents and treasurers 888
of school districts and educational service centers shall certify 889
as to the accuracy of all reports required by law or state board 890
or state department of education rules to be submitted by the 891
district or educational service center and which contain 892
information necessary for calculation of state funding. Any 893
superintendent who knowingly falsifies such report shall be 894
subject to license revocation pursuant to section 3319.31 of the 895
Revised Code.
(J) In accordance with Chapter 119. of the Revised Code, 897
adopt procedures, standards, and guidelines for the education of 898
handicapped children pursuant to Chapter 3323. of the Revised 899
Code, including procedures, standards, and guidelines governing 900
programs and services operated by county boards of mental 901
retardation and developmental disabilities pursuant to section 902
3323.09 of the Revised Code; 903
(K) For the purpose of encouraging the development of 905
special programs of education for academically gifted children, 906
employ competent persons to analyze and publish data, promote 907
research, advise and counsel with boards of education, and 908
encourage the training of teachers in the special instruction of 909
21
gifted children. The board may provide financial assistance out 910
of any funds appropriated for this purpose to boards of education 911
and educational service center governing boards for developing 913
and conducting programs of education for academically gifted 914
children.
(L) Require that all public schools emphasize and 916
encourage, within existing units of study, the teaching of energy 917
and resource conservation, beginning in the primary grades; 918
(M) Formulate and prescribe minimum standards requiring 920
the use of phonics as a technique in the teaching of reading in 921
grades kindergarten through three. In addition, the state board 922
shall provide in-service training programs for teachers on the 923
use of phonics as a technique in the teaching of reading in 924
grades kindergarten through three. 925
(N) Develop and modify as necessary a state plan for 927
technology to encourage and promote the use of technological 928
advancements in educational settings. 929
The board may adopt rules necessary for carrying out any 931
function imposed on it by law, and may provide rules as are 932
necessary for its government and the government of its employees, 933
and may delegate to the superintendent of public instruction the 934
management and administration of any function imposed on it by 935
law. It may provide for the appointment of board members to 936
serve on temporary committees established by the board for such 937
purposes as are necessary. Permanent or standing committees 938
shall not be created. 939
Sec. 4501.024. THE BUREAU OF MOTOR VEHICLES SHALL DO BOTH 941
OF THE FOLLOWING: 942
(A) DEVELOP AND MAINTAIN A DONOR REGISTRY AS REQUIRED BY 944
SECTION 2108.18 OF THE REVISED CODE; 945
(B) MAINTAIN A TOLL-FREE TELEPHONE NUMBER AS SPECIFIED IN 947
SECTION 2108.19 OF THE REVISED CODE. 948
Sec. 4717.17. A FUNERAL DIRECTOR MAY DESIGNATE IN WRITING 950
AN EYE BANK, TISSUE BANK, OR BOTH WITH WHICH THE FUNERAL DIRECTOR 951
22
WILL COOPERATE CONCERNING RETRIEVAL OF USABLE EYES AND TISSUES 952
THAT HAVE BEEN DONATED. 953
AN EYE OR TISSUE BANK DESIGNATED UNDER THIS SECTION HAS THE 955
PROPERTY RIGHT SPECIFIED IN SECTION 2108.02 OF THE REVISED CODE. 957
A FUNERAL DIRECTOR ACTING IN GOOD FAITH IS NOT LIABLE IN 959
DAMAGES FOR INJURY RESULTING FROM ACTING OR ATTEMPTING TO ACT IN 960
ACCORDANCE WITH THE DONOR'S DECLARATION UNDER SECTION 2108.04 OF 961
THE REVISED CODE OF AN ANATOMICAL GIFT. 963
Section 2. That existing sections 124.04, 2108.01, 965
2108.02, 2108.021, 2108.04, 2108.15, and 3301.07 and section 966
2108.022 of the Revised Code are hereby repealed. 967
Section 3. (A) There is hereby created the Organ Donor 969
Task Force. The task force shall consist of the following 970
members:
(1) The chairs of the standing committees of the House of 972
Representatives and Senate with primary responsibility for health 973
legislation;
(2) A representative of the Ohio State Bar Association; 975
(3) Three persons appointed by the President of the Senate 977
who are not members of the General Assembly; 978
(4) Three persons appointed by the Speaker of the House of 980
Representatives who are not members of the General Assembly. 982
(B) The task force shall do all of the following: 984
(1) Recommend a form for expressing the intent to make an 986
anatomical gift as provided in division (C) of section 2108.04 of 987
the Revised Code, to be distributed by the Bureau of Motor 988
Vehicles;
(2) Recommend changes to the documents of gift set forth 990
in section 2108.10 of the Revised Code to ensure that they are 991
suited to carrying out their intended purposes; 992
(3) Research the possibility of electronically connecting 994
the donor registry developed under section 2108.18 of the Revised 995
Code to donor registries outside Ohio; 996
(4) Research the procedures used by a funeral director and 998
23
an individual authorized to remove organs, tissue, or eyes 999
insofar as the procedures used by one could interfere with those 1,000
used by the other; 1,001
(5) Recommend, based on findings under division (B)(2) of 1,003
this section, methods to facilitate cooperation between funeral 1,004
directors and individuals authorized to remove organs, tissue, or 1,005
eyes so as to permit them to carry out their proper functions. 1,006
(C) In making its recommendations, the task force shall 1,009
consider that the form may be distributed by the Bureau of Motor
Vehicles in conjunction with an application for a driver's 1,011
license or motorcycle operator's license. The task force shall 1,012
also consider and make recommendations concerning how the form
may be made available to hospitals and recovery agencies. 1,013
(D) The task force shall, not later than September 1, 1,015
2001, submit a report of its recommendations and research to the 1,016
Speaker of the House of Representatives and the President of the 1,017
Senate. On submission of its final report, the task force shall 1,018
cease to exist.
(E) Members of the task force shall serve without 1,020
compensation but may be reimbursed for their actual and necessary 1,021
expenses in performing the official duties of the task force. 1,022
Section 4. This act is hereby declared to be an emergency 1,024
measure necessary for the immediate preservation of the public 1,025
peace, health, and safety. The reason for the emergency is that 1,026
thousands of Ohioans currently await life-saving or 1,027
life-enhancing organ, tissue, or eye transplants. A single donor 1,028
can impact dozens of lives, and this act is intended to increase 1,029
the incidence of organ, tissue, and eye donation. Therefore, 1,030
this act shall go into immediate effect. 1,031