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To amend sections 2108.04, 2108.08, 2108.10, and | 1 |
2108.15 and to enact section 2108.101 of the | 2 |
Revised Code regarding organ donor designations | 3 |
made by persons over age 18 and use of funds for | 4 |
organ donor awareness programs in schools and to | 5 |
declare an emergency. | 6 |
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
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the holder of the license or card is less than eighteen years of | 45 |
age,
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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.
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(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; | 64 |
(2) By telegram; | 65 |
(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 |
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In the hope that I may help others upon my death, I hereby | 87 |
give
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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 |
................................................................. | 94 |
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................................................................. | 96 |
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................................................................. | 98 |
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................................................................. | 100 |
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................................................................. | 102 |
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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 |
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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: | 118 |
1. | [ ] | spouse; | 119 | ||||
2. | [ ] | adult son or daughter; | 120 | ||||
3. | [ ] | parent; | 121 | ||||
4. | [ ] | adult brother or sister; | 122 | ||||
5. | [ ] | grandparent; | 123 | ||||
6. | [ ] | guardian of the person; | 124 | ||||
7. | [ ] | person authorized to dispose of the body | 125 |
2. I hereby give the following body parts: | 126 |
[ ] | heart | [ ] | liver | [ ] | skin | [ ] | middle ear | 127 | |
[ ] | kidneys | [ ] | lung | [ ] | heart valves | [ ] | other ...... | 128 | |
[ ] | pancreas | [ ] | eyes | [ ] | bone/ligament | 129 |
for: | [ ] | any purpose authorized by law | 130 | ||
[ ] | transplantation | 131 | |||
[ ] | therapy | 132 | |||
[ ] | medical research and education | 133 |
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: | 136 |
................................................................. | 137 |
Date .................... | City and State ............... | 138 | ||
......................... | .............................. | 139 | ||
Witness | Signature of Survivor | 140 | ||
.......................... | .............................. | 141 | ||
Witness | Address of Survivor" | 142 |
(C) The statement of gift provided for in division (C) of | 143 |
section 2108.04 of the Revised Code
shall
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" | 146 |
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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
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(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 |