SENATORS Wachtmann, Hagan, Blessing, Armbruster, Prentiss, Randy Gardner, Harris, Shoemaker, Spada, White

To amend sections 2108.04, 2108.08, 2108.10, and

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2108.15 and to enact section 2108.101 of the

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Revised Code regarding organ donor designations

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made by persons over age 18 and use of funds for

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organ donor awareness programs in schools and to

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declare an emergency.

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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	7
2108.15 be amended and section 2108.101 of the Revised Code be	8
enacted to read as follows:	9

Sec. 2108.04.  (A) An individual eighteen years of age or	10
older may make an anatomical gift by will under division (A) of	11
section 2108.02 of the Revised Code. The anatomical gift becomes	12
effective upon the death of the testator without waiting for	13
probate. If the will is not probated or if it is declared invalid	14
for testamentary purposes, the anatomical gift, to the extent that	15
it has been acted upon in good faith, is nevertheless valid and	16
effective.	17

(B)(1) An individual may also make an anatomical gift under	18
division (A) of section 2108.02 of the Revised Code by a document	19
other than a will. The anatomical gift becomes effective upon the	20
death of the donor. The document, which may be a card designed to	21
be carried on the person, shall be signed by the donor in the	22
presence of two witnesses who shall sign the document in the	23
donor's presence. If the donor cannot sign, the document may be	24
signed for the donor at the donor's direction and in the presence	25
of two witnesses, having no affiliation with the donee, who shall	26
sign the document in the donor's presence. Delivery of the	27
document of gift during the donor's lifetime is not necessary to	28
make the anatomical gift valid.	29

(2) If a person less than eighteen years of age wishes to	30
make an anatomical gift under division (B)(1) of this section, one	31
of the witnesses who signs the document shall be a parent or	32
guardian of that person.	33

(C) An anatomical gift under division (A) of section 2108.02	34
of the Revised Code may also be made by a designation, to be	35
provided for on all Ohio driver's or commercial driver's licenses	36
and motorcycle operator's licenses or endorsements, and on all	37
identification cards. The anatomical gift becomes effective upon	38
the death of the donor. The holder of the driver's or commercial	39
driver's license or endorsement, or the holder of the	40
identification card must sign a statement at the time of	41
application or renewal of the license, endorsement, or	42
identification card in the presence of two witnesses, who must	43
sign the statement in the presence of the donor; except that when	44
the holder of the license or card is less than eighteen years of	45
age, one of the witnesses who signsthe statement also shall be	46
signed by a parent or guardian of the holder. Delivery of the	47
license or identification card during the donor's lifetime is not	48
necessary to make the anatomical gift valid. Revocation,	49
suspension, or expiration of the license or endorsement will not	50
invalidate the anatomical gift. The anatomical gift must be	51
renewed upon renewal of each license, endorsement, or	52
identification card. If the statement is ambiguous as to whether a	53
general or specific anatomical gift is intended by the donor, the	54
statement shall be construed as evidencing the specific anatomical	55
gift only.	56

(D) Except as provided in section 2108.07 of the Revised	57
Code, the donee or other person authorized to accept the	58
anatomical gift may employ or authorize any surgeon or physician	59
to carry out the appropriate procedures.	60

(E) Any anatomical gift by a person specified in division	61
(B) of section 2108.02 of the Revised Code shall be made in one of	62
the following ways:	63

(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	66
message and one of them prepares written documentation of the	67
message, or by a telephone call that is recorded mechanically or	68
electronically.	69

(F) A valid declaration of an anatomical gift made under	70
division (A), (B), or (C) of this section prevails over any	71
contrary desires of the donor's family regarding the donor's	72
corpse, but nothing in this section shall be construed as	73
requiring a donee to accept an anatomical gift.	74

Sec. 2108.08.  A person who in good faith acts, or attempts	75
to act, in accordance with sections 2108.01 to 2108.12, 2108.15,	76
2108.17, and 2108.18 of the Revised Code, or the anatomical gift	77
laws of another state, is not liable for damages in any civil	78
action or subject to prosecution in any criminal proceeding for	79
his act.	80

Sec. 2108.10.  (A) The document of gift provided for in	81
division (B) of section 2108.04 of the Revised Code shall conform	82
substantially to the following form:	83

"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	87
give ..................................... the following body	88
parts: .............................................. for any	89
purpose authorized by law: transplantation, therapy, research, or	90
education.	91

Signed by the donor and the following two witnesses in the	92
presence of each other:	93

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

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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	104
similar laws."	105

(B) The document of gift provided for in division (E) of	106
section 2108.04 of the Revised Code shall conform substantially to	107
the following form:	108

"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	112
.................... (name) who died on ....................	113
(date) in .................... (city and state)	114

The marks in the appropriate squares and the words filled	115
into the blanks below indicate my relationship to the decedent and	116
my desires respecting the anatomical gift.	117

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	134
remains of the body shall be disposed of in the following manner:	135

........................; 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	143
section 2108.04 of the Revised Code shall conform substantially	144
tostate the following form:	145

"I hereby make an anatomical gift, to be effective upon my	146
death, of:	147

(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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Upon my death, I make an anatomical gift of organs, tissues, and	157
eyes for any purpose authorized by law."	158

The statement may be included on an application for a	159
driver's license, commercial driver's license, motorcycle	160
operator's license or endorsement, or state identification card.	161
The donor shall sign the statement or the application containing	162
the statement. If the donor is under eighteen years of age, a	163
parent or guardian of the donor also must sign the statement or	164
the application containing the statement.	165

Sec. 2108.101.  Any anatomical gift designation made prior	166
to the effective date of this section by a person eighteen years	167
old or older that includes that person's signature is valid	168
regardless of whether it has been witnessed.	169

Sec. 2108.15.  (A) There is hereby created in the state	170
treasury the second chance trust fund. The fund shall consist of	171
voluntary contributions deposited as provided in sections	172
4506.081, 4507.231, and 4507.501 of the Revised Code. All	173
investment earnings of the fund shall be credited to the fund.	174

(B) The director of health shall use the money in the fund	175
only for the following purposes:	176

(1) Development and implementation of a campaign that	177
explains and promotes the second chance trust fund;	178

(2) Development and implementation of local and statewide	179
public education programs about organ, tissue, and eye donation,	180
including the informational material required to be provided under	181
sections 4506.081, 4507.231, and 4507.501 of the Revised Code;	182

(3) Development and implementation of local and statewide	183
donor awareness programs in secondary schools;	184

(4) Development and implementation of local and statewide	185
programs to recognize donor families;	186

(5) Development and distribution of materials promoting	187
organ, tissue, and eye donation;	188

(6) Cooperation with the Ohio Supreme Court, Ohio State Bar	189
Association, and law schools of this state to more effectively	190
educate attorneys about the donation of anatomical gifts and to	191
encourage them to assist their clients in donating anatomical	192
gifts through anatomical gift declarations, durable powers of	193
attorney for health care, declarations as defined in section	194
2133.01 of the Revised Code, wills, and any other appropriate	195
means;	196

(7) Cooperation with the state medical board, state medical,	197
osteopathic, and opthalmological associations, and colleges of	198
medicine and osteopathic medicine in this state to more	199
effectively educate physicians about the donation of anatomical	200
gifts and to encourage them to assist their patients in making	201
declarations of anatomical gifts;	202

(8) Development and initial implementation of the donor	203
registry established pursuant to section 2108.18 of the Revised	204
Code, except that the total amount expended shall not exceed one	205
hundred fifty thousand dollars;	206

(9) Development of statewide hospital training programs to	207
encourage and facilitate compliance with section 2108.021 of the	208
Revised Code concerning circumstances under which an anatomical	209
gift is required to be requested;	210

(10) Reimbursement of the bureau of motor vehicles for the	211
administrative costs incurred in the performance of duties under	212
sections 4506.081, 4507.231, and 4507.501 of the Revised Code;	213

(11) Reimbursement of the department of health for	214
administrative costs incurred in the performance of duties under	215
this section and section 2108.17 of the Revised Code;	216

(12) Reimbursement of members of the second chance fund	217
advisory committee for actual and necessary expenses incurred in	218
the performance of official duties.	219

(C) The director shall make the materials developed under	220
division (B)(5) of this section available to other state agencies.	221

(D) The director shall consider recommendations made by the	222
second chance trust fund advisory committee pursuant to section	223
2108.17 of the Revised Code. The director shall determine the	224
appropriateness of and approve or disapprove projects recommended	225
by the advisory committee for funding and approve or disapprove	226
the disbursement of money from the second chance trust fund.	227

Section 2. That existing sections 2108.04, 2108.08, 2108.10,	228
and 2108.15 of the Revised Code are hereby repealed.	229

Section 3. This act is hereby declared to be an emergency	230
measure necessary for the immediate preservation of the public	231
peace, health, and safety. The reason for such necessity is to	232
preserve the intent of persons who believe they have fully	233
expressed the intent to make an anatomical gift, but have not	234
obtained the necessary witnesses' signatures. Therefore, this act	235
goes into immediate effect.	236