SENATOR Wachtmann

To amend sections 2108.04, 2108.08, 2108.10, and

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2108.15 of the Revised Code regarding organ donor

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designations made by persons over age 18 and use of

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funds for organ donor awareness programs in

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schools.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2108.04, 2108.08, 2108.10, and	6
2108.15 of the Revised Code be amended to read as follows:	7

Sec. 2108.04.  (A) An individual eighteen years of age or	8
older may make an anatomical gift by will under division (A) of	9
section 2108.02 of the Revised Code. The anatomical gift becomes	10
effective upon the death of the testator without waiting for	11
probate. If the will is not probated or if it is declared invalid	12
for testamentary purposes, the anatomical gift, to the extent that	13
it has been acted upon in good faith, is nevertheless valid and	14
effective.	15

(B)(1) An individual may also make an anatomical gift under	16
division (A) of section 2108.02 of the Revised Code by a document	17
other than a will. The anatomical gift becomes effective upon the	18
death of the donor. The document, which may be a card designed to	19
be carried on the person, shall be signed by the donor in the	20
presence of two witnesses who shall sign the document in the	21
donor's presence. If the donor cannot sign, the document may be	22
signed for the donor at the donor's direction and in the presence	23
of two witnesses, having no affiliation with the donee, who shall	24
sign the document in the donor's presence. Delivery of the	25
document of gift during the donor's lifetime is not necessary to	26
make the anatomical gift valid.	27

(2) If a person less than eighteen years of age wishes to	28
make an anatomical gift under division (B)(1) of this section, one	29
of the witnesses who signs the document shall be a parent or	30
guardian of that person.	31

(C) An anatomical gift under division (A) of section 2108.02	32
of the Revised Code may also be made by a designation, to be	33
provided for on all Ohio driver's or commercial driver's licenses	34
and motorcycle operator's licenses or endorsements, and on all	35
identification cards. The anatomical gift becomes effective upon	36
the death of the donor. The holder of the driver's or commercial	37
driver's license or endorsement, or the holder of the	38
identification card must sign a statement at the time of	39
application or renewal of the license, endorsement, or	40
identification card in the presence of two witnesses, who must	41
sign the statement in the presence of the donor; except that when	42
the holder of the license or card is less than eighteen years of	43
age, onethe statement must be signed in the presence of two	44
witnesses, who must sign the statement in the donor's presence.	45
One of the witnesses who signs shall be a parent or guardian of	46
the holder. Delivery of the license or identification card during	47
the donor's lifetime is not necessary to make the anatomical gift	48
valid. Revocation, suspension, or expiration of the license or	49
endorsement will not invalidate the anatomical gift. The	50
anatomical gift must be renewed upon renewal of each license,	51
endorsement, or identification card. If the statement is	52
ambiguous as to whether a general or specific anatomical gift is	53
intended by the donor, the statement shall be construed as	54
evidencing the specific anatomical gift only.	55

(D) Except as provided in section 2108.07 of the Revised	56
Code, the donee or other person authorized to accept the	57
anatomical gift may employ or authorize any surgeon or physician	58
to carry out the appropriate procedures.	59

(E) Any anatomical gift by a person specified in division	60
(B) of section 2108.02 of the Revised Code shall be made in one of	61
the following ways:	62

(1) By a document signed by the person;

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(2) By telegram;

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(3) By a telephone call in which two persons receive the	65
message and one of them prepares written documentation of the	66
message, or by a telephone call that is recorded mechanically or	67
electronically.	68

(F) A valid declaration of an anatomical gift made under	69
division (A), (B), or (C) of this section prevails over any	70
contrary desires of the donor's family regarding the donor's	71
corpse, but nothing in this section shall be construed as	72
requiring a donee to accept an anatomical gift.	73

Sec. 2108.08.  A person who in good faith acts, or attempts	74
to act, in accordance with sections 2108.01 to 2108.12, 2108.15,	75
2108.17, and 2108.18 of the Revised Code, or the anatomical gift	76
laws of another state, is not liable for damages in any civil	77
action or subject to prosecution in any criminal proceeding for	78
his act.	79

Sec. 2108.10.  (A) The document of gift provided for in	80
division (B) of section 2108.04 of the Revised Code shall conform	81
substantially to the following form:	82

"ANATOMICAL GIFT OF

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...................................

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(Print or type name of living donor)

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In the hope that I may help others upon my death, I hereby	86
give ..................................... the following body	87
parts: .............................................. for any	88
purpose authorized by law: transplantation, therapy, research, or	89
education.	90

Signed by the donor and the following two witnesses in the	91
presence of each other:	92

.................................................................

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Signature of Donor

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.................................................................

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Date of Birth of Donor

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.................................................................

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Date Signed

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.................................................................

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Witness

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.................................................................

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Witness

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This is a legal document under the Uniform Anatomical Gift Act or	103
similar laws."	104

(B) The document of gift provided for in division (E) of	105
section 2108.04 of the Revised Code shall conform substantially to	106
the following form:	107

"ANATOMICAL GIFT BY A RELATIVE

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OR THE GUARDIAN OF

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THE PERSON OF A DECEDENT

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I hereby make this anatomical gift from the body of	111
.................... (name) who died on ....................	112
(date) in .................... (city and state)	113

The marks in the appropriate squares and the words filled	114
into the blanks below indicate my relationship to the decedent and	115
my desires respecting the anatomical gift.	116

1. I survive the decedent as:

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2. I hereby give the following body parts:

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3. After the donated organs, tissues, or eyes are removed, the	133
remains of the body shall be disposed of in the following manner:	134

........................; at the expense of the following person:

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.................................................................

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(C) The statement of gift provided for in division (C) of	142
section 2108.04 of the Revised Code for persons under eighteen	143
years of age shall conform substantially to the following form:	144

"I hereby make an anatomical gift, to be effective upon my	145
death, of:	146

(A) [ ] Any needed body parts

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or

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(B) [ ] The following body part(s):

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(list)

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.................................................................

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Date ...........................................................

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Signature of donor .............................................

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Witness .........................................................

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Witness ........................................................"

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(D) The statement of gift provided for in division (C) of	156
section 2108.04 of the Revised Code for persons who are eighteen	157
years of age or older shall conform substantially to the following	158
form:	159

"I hereby make an anatomical gift, to be effective on my	160
death, of:	161

(A) [ ] Any needed body parts

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or

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(B) [ ] The following body part(s):

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(list)

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...............................................................

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Date...........................................................

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Signature of donor............................................."

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Sec. 2108.15.  (A) There is hereby created in the state	169
treasury the second chance trust fund. The fund shall consist of	170
voluntary contributions deposited as provided in sections	171
4506.081, 4507.231, and 4507.501 of the Revised Code. All	172
investment earnings of the fund shall be credited to the fund.	173

(B) The director of health shall use the money in the fund	174
only for the following purposes:	175

(1) Development and implementation of a campaign that	176
explains and promotes the second chance trust fund;	177

(2) Development and implementation of local and statewide	178
public education programs about organ, tissue, and eye donation,	179
including the informational material required to be provided under	180
sections 4506.081, 4507.231, and 4507.501 of the Revised Code;	181

(3) Development and implementation of local and statewide	182
donor awareness programs in secondary schools;	183

(4) Development and implementation of local and statewide	184
programs to recognize donor families;	185

(5) Development and distribution of materials promoting	186
organ, tissue, and eye donation;	187

(6) Cooperation with the Ohio Supreme Court, Ohio State Bar	188
Association, and law schools of this state to more effectively	189
educate attorneys about the donation of anatomical gifts and to	190
encourage them to assist their clients in donating anatomical	191
gifts through anatomical gift declarations, durable powers of	192
attorney for health care, declarations as defined in section	193
2133.01 of the Revised Code, wills, and any other appropriate	194
means;	195

(7) Cooperation with the state medical board, state medical,	196
osteopathic, and opthalmological associations, and colleges of	197
medicine and osteopathic medicine in this state to more	198
effectively educate physicians about the donation of anatomical	199
gifts and to encourage them to assist their patients in making	200
declarations of anatomical gifts;	201

(8) Development and initial implementation of the donor	202
registry established pursuant to section 2108.18 of the Revised	203
Code, except that the total amount expended shall not exceed one	204
hundred fifty thousand dollars;	205

(9) Development of statewide hospital training programs to	206
encourage and facilitate compliance with section 2108.021 of the	207
Revised Code concerning circumstances under which an anatomical	208
gift is required to be requested;	209

(10) Reimbursement of the bureau of motor vehicles for the	210
administrative costs incurred in the performance of duties under	211
sections 4506.081, 4507.231, and 4507.501 of the Revised Code;	212

(11) Reimbursement of the department of health for	213
administrative costs incurred in the performance of duties under	214
this section and section 2108.17 of the Revised Code;	215

(12) Reimbursement of members of the second chance fund	216
advisory committee for actual and necessary expenses incurred in	217
the performance of official duties.	218

(C) The director shall make the materials developed under	219
division (B)(5) of this section available to other state agencies.	220

(D) The director shall consider recommendations made by the	221
second chance trust fund advisory committee pursuant to section	222
2108.17 of the Revised Code. The director shall determine the	223
appropriateness of and approve or disapprove projects recommended	224
by the advisory committee for funding and approve or disapprove	225
the disbursement of money from the second chance trust fund.	226

Section 2. That existing sections 2108.04, 2108.08, 2108.10,	227
and 2108.15 of the Revised Code are hereby repealed.	228