REPRESENTATIVES Wagner, Williams, McGregor, Latta, Hoops, Price, Seitz, Aslanides, G. Smith, Hollister, Kearns, Harwood, Perry, Raga, Walcher, Distel, DeGeeter, Collier, Schmidt, C. Evans, Faber, Ujvagi, Gilb, Reidelbach, Barrett, Allen

To amend sections 2108.04, 2108.10, and 2133.07 and

1

to enact section 2133.16 of the Revised Code to

2

permit a declarant of a declaration or living will

3

to make an anatomical gift in the declaration.

4

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

Section 1. That sections 2108.04, 2108.10, and 2133.07 be	5
amended and section 2133.16 of the Revised Code be enacted to read	6
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

(3) An individual who is a declarant may make an anatomical	32
gift under division (A) of section 2108.02 of the Revised Code by	33
specifying in the declaration the intent of the declarant to make	34
an anatomical gift as provided in section 2133.16 of the Revised	35
Code. A declaration that specifies the intent of a declarant to	36
make an anatomical gift and satisfies the requirements of section	37
2133.02 of the Revised Code is considered as having satisfied the	38
requirements of division (B)(1) of this section. The declaration	39
is subject to sections 2108.01 to 2108.12 of the Revised Code to	40
the extent that the declaration specifies the intent of the	41
declarant to make an anatomical gift.	42

As used in division (B)(3) of this section, "declarant" and	43
"declaration" have the same meanings as in section 2133.01 of the	44
Revised Code.	45

(C) An anatomical gift under division (A) of section 2108.02	46
of the Revised Code may also be made by a designation, to be	47
provided for on all Ohio driver's or commercial driver's licenses	48
and motorcycle operator's licenses or endorsements, and on all	49
identification cards. The anatomical gift becomes effective upon	50
the death of the donor. The holder of the driver's or commercial	51
driver's license or endorsement, or the holder of the	52
identification card must sign a statement at the time of	53
application or renewal of the license, endorsement, or	54
identification card; except that when the holder of the license or	55
card is less than eighteen years of age, the statement also shall	56
be signed by a parent or guardian of the holder. Delivery of the	57
license or identification card during the donor's lifetime is not	58
necessary to make the anatomical gift valid. Revocation,	59
suspension, or expiration of the license or endorsement will not	60
invalidate the anatomical gift. The anatomical gift must be	61
renewed upon renewal of each license, endorsement, or	62
identification card.	63

(D) Except as provided in section 2108.07 of the Revised	64
Code, the donee or other person authorized to accept the	65
anatomical gift may employ or authorize any surgeon or physician	66
to carry out the appropriate procedures.	67

(E) Any anatomical gift by a person specified in division (B)	68
of section 2108.02 of the Revised Code shall be made in one of the	69
following ways:	70

(1) By a document signed by the person;

71

(2) By telegram;

72

(3) By a telephone call in which two persons receive the	73
message and one of them prepares written documentation of the	74
message, or by a telephone call that is recorded mechanically or	75
electronically.	76

(F) A valid declaration of an anatomical gift made under	77
division (A), (B), or (C) of this section prevails over any	78
contrary desires of the donor's family regarding the donor's	79
corpse, but nothing in this section shall be construed as	80
requiring a donee to accept an anatomical gift.	81

Sec. 2108.10.  (A)(1) The document of gift provided for in	82
division (B)(1) of section 2108.04 of the Revised Code shall	83
conform substantially to the following form:	84

"ANATOMICAL GIFT OF

85

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

86

(Print or type name of living donor)

87

In the hope that I may help others upon my death, I hereby	88
give the following body parts:	89
.............................................. for any purpose	90
authorized by law: transplantation, therapy, research, or	91
education.	92

Signed by the donor and the following two witnesses in the	93
presence of each other:	94

This is a legal document under the Uniform Anatomical Gift Act or	105
similar laws."	106

The statement of an anatomical gift provided for in division	107
(B)(3) of section 2108.04 of the Revised Code and section 2133.16	108
of the Revised Code shall conform substantially to the form	109
provided in division (B) of section 2133.07 of the Revised Code.	110

(B) The document of gift provided for in division (E) of	111
section 2108.04 of the Revised Code shall conform substantially to	112
the following form:	113

"ANATOMICAL GIFT BY A RELATIVE

114

OR THE GUARDIAN OF

115

THE PERSON OF A DECEDENT

116

I hereby make this anatomical gift from the body of	117
.................... (name) who died on ....................	118
(date) in .................... (city and state)	119

The marks in the appropriate squares and the words filled	120
into the blanks below indicate my relationship to the decedent and	121
my desires respecting the anatomical gift.	122

1. I survive the decedent as:

123

2. I hereby give the following body parts:

132

3. After the donated organs, tissues, or eyes are removed, the	142
remains of the body shall be disposed of in the following manner:	143

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

144

(C) The statement of gift provided for in division (C) of	151
section 2108.04 of the Revised Code shall state the following:	152

"Upon my death, I make an anatomical gift of organs, tissues, and	153
eyes for any purpose authorized by law."	154

The statement may be included on an application for a	155
driver's license, commercial driver's license, motorcycle	156
operator's license or endorsement, or state identification card.	157
The donor shall sign the statement or the application containing	158
the statement. If the donor is under eighteen years of age, a	159
parent or guardian of the donor also must sign the statement or	160
the application containing the statement.	161

Sec. 2133.07. (A) A printed form of a declaration may be sold	162
or otherwise distributed in this state for use by adults who are	163
not advised by an attorney. By use of a printed form of that	164
nature, a declarant may authorize the use or continuation, or the	165
withholding or withdrawal, of life-sustaining treatment should the	166
declarant be in a terminal condition, a permanently unconscious	167
state, or either a terminal condition or a permanently unconscious	168
state, may authorize the withholding or withdrawal of nutrition or	169
hydration should the declarant be in a permanently unconscious	170
state as described in division (A)(3)(a) of section 2133.02 of the	171
Revised Code, and may designate one or more persons who are to be	172
notified by the declarant's attending physician at any time that	173
life-sustaining treatment would be withheld or withdrawn pursuant	174
to the declaration. The printed form shall not be used as an	175
instrument for granting any other type of authority or for making	176
any other type of designation, except that the printed form may be	177
used as a DNR identification if the declarant specifies on the	178
form that the declarant wishes to use it as a DNR identification	179
and except as provided in division (B) of this section.	180

(B) A printed form of a declaration under division (A) of	181
this section shall include, before the signature of the declarant	182
or another individual at the direction of the declarant,	183
statements that conform substantially to the following form:	184

"ANATOMICAL GIFT (optional)

185

Upon my death, the following are my directions regarding	186
donation of all or part of my body:	187

... YES, in the hope that I may help others upon my death, I	188
hereby give the following body parts:	189

for any purpose authorized by law: transplantation, therapy,	192
research, or education.	193

OR

194

... NO, I do not wish to donate all or any part of my body as	195
an anatomical gift. (If this revokes a prior anatomical gift that	196
I have made to a designated donee, I will attempt to notify the	197
donee to which or to whom I agreed to donate all or part of my	198
body.)	199

If I do not check either of the lines indicated above, no	200
presumption is created about my desire to make or refuse to make	201
an anatomical gift."	202

(C) As used in this section,:

203

(1) "Anatomical gift" has the same meaning as in section	204
2108.01 of the Revised Code.	205

(2) "DNR identification" has the same meaning as in section	206
2133.21 of the Revised Code.	207

Sec. 2133.16.  (A) As used in this section:

208

(1) "Anatomical gift" and "donor" have the same meanings as	209
in section 2108.01 of the Revised Code.	210

(2) "Declarant" and "declaration" have the same meanings as	211
in section 2133.01 of the Revised Code.	212

(B) A declarant may make an anatomical gift of all or part of	213
the declarant's body by specifying the intent of the declarant to	214
make the anatomical gift in a space provided in the declaration.	215
All of the following apply to a declaration that specifies the	216
intent of the declarant to make an anatomical gift:	217

(1) The declaration serves as a document other than a will in	218
which a declarant makes an anatomical gift as provided in	219
divisions (B)(1) and (3) of section 2108.04 of the Revised Code.	220

(2) The declaration is considered as having satisfied the	221
requirements specified in divisions (B)(1) and (3) of section	222
2108.04 of the Revised Code to make an anatomical gift by a	223
document other than a will.	224

(3) The declaration is subject to sections 2108.01 to 2108.12	225
of the Revised Code to the extent that the declaration specifies	226
the intent of the declarant to make an anatomical gift.	227

(C) A declarant who makes an anatomical gift in the manner	228
described in division (B) of this section may amend the anatomical	229
gift under the circumstances and by any of the means provided in	230
division (A) of section 2108.06 of the Revised Code.	231

(D) A declarant who makes an anatomical gift in the manner	232
described in division (B) of this section may revoke the	233
anatomical gift under the circumstances and by any of the means	234
provided in division (A) of section 2108.06 of the Revised Code or	235
by cancellation of the declarant's intent to make the anatomical	236
gift as specified in the declaration.	237

(E) A declarant may refuse to make an anatomical gift of all	238
or part of the declarant's body by specifying the intent of the	239
declarant to refuse to make the anatomical gift in a space	240
provided in the declaration.	241

(F) Nothing in this section requires a declarant to make,	242
amend, or refuse to make an anatomical gift in a space provided in	243
a declaration or otherwise limits a declarant from making,	244
amending, or refusing to make an anatomical gift. The failure of a	245
declarant to indicate in the space provided in the declaration the	246
intent of the declarant to make an anatomical gift or to refuse to	247
make an anatomical gift does not create a presumption of the	248
intent of the declarant in regard to the matter of making or	249
refusing to make an anatomical gift.	250

Section 2. That existing sections 2108.04, 2108.10, and	251
2133.07 of the Revised Code are hereby repealed.	252