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To amend sections 2108.04, 2108.10, 2108.17, 2108.18, | 1 |
and 2133.07 and to enact section 2133.16 of the | 2 |
Revised Code to permit a declarant of a | 3 |
declaration or living will to make an anatomical | 4 |
gift in the declaration and to make changes to the | 5 |
membership of the Second Chance Trust Fund | 6 |
Advisory Committee. | 7 |
Section 1. That sections 2108.04, 2108.10, 2108.17, 2108.18, | 8 |
and 2133.07 be amended and section 2133.16 of the Revised Code be | 9 |
enacted to read as follows: | 10 |
Sec. 2108.04. (A) An individual eighteen years of age or | 11 |
older may make an anatomical gift by will under division (A) of | 12 |
section 2108.02 of the Revised Code. The anatomical gift becomes | 13 |
effective upon the death of the testator without waiting for | 14 |
probate. If the will is not probated or if it is declared invalid | 15 |
for testamentary purposes, the anatomical gift, to the extent that | 16 |
it has been acted upon in good faith, is nevertheless valid and | 17 |
effective. | 18 |
(B)(1) An individual may also make an anatomical gift under | 19 |
division (A) of section 2108.02 of the Revised Code by a document | 20 |
other than a will. The anatomical gift becomes effective upon the | 21 |
death of the donor. The document, which may be a card designed to | 22 |
be carried on the person, shall be signed by the donor in the | 23 |
presence of two witnesses who shall sign the document in the | 24 |
donor's presence. If the donor cannot sign, the document may be | 25 |
signed for the donor at the donor's direction and in the presence | 26 |
of two witnesses, having no affiliation with the donee, who shall | 27 |
sign the document in the donor's presence. Delivery of the | 28 |
document of gift during the donor's lifetime is not necessary to | 29 |
make the anatomical gift valid. | 30 |
(2) If a person less than eighteen years of age wishes to | 31 |
make an anatomical gift under division (B)(1) of this section, one | 32 |
of the witnesses who signs the document shall be a parent or | 33 |
guardian of that person. | 34 |
(3) An individual who is a declarant may make an anatomical | 35 |
gift under division (A) of section 2108.02 of the Revised Code by | 36 |
specifying in the declaration the intent of the declarant to make | 37 |
an anatomical gift as provided in section 2133.16 of the Revised | 38 |
Code. A declaration that specifies the intent of a declarant to | 39 |
make an anatomical gift and satisfies the requirements of section | 40 |
2133.02 of the Revised Code is considered as having satisfied the | 41 |
requirements of division (B)(1) of this section. The declaration | 42 |
is subject to sections 2108.01 to 2108.12 of the Revised Code to | 43 |
the extent that the declaration specifies the intent of the | 44 |
declarant to make an anatomical gift. | 45 |
As used in division (B)(3) of this section, "declarant" and | 46 |
"declaration" have the same meanings as in section 2133.01 of the | 47 |
Revised Code. | 48 |
(C) An anatomical gift under division (A) of section 2108.02 | 49 |
of the Revised Code may also be made by a designation, to be | 50 |
provided for on all Ohio driver's or commercial driver's licenses | 51 |
and motorcycle operator's licenses or endorsements, and on all | 52 |
identification cards. The anatomical gift becomes effective upon | 53 |
the death of the donor. The holder of the driver's or commercial | 54 |
driver's license or endorsement, or the holder of the | 55 |
identification card must sign a statement at the time of | 56 |
application or renewal of the license, endorsement, or | 57 |
identification card; except that when the holder of the license or | 58 |
card is less than eighteen years of age, the statement also shall | 59 |
be signed by a parent or guardian of the holder. Delivery of the | 60 |
license or identification card during the donor's lifetime is not | 61 |
necessary to make the anatomical gift valid. Revocation, | 62 |
suspension, or expiration of the license or endorsement will not | 63 |
invalidate the anatomical gift. The anatomical gift must be | 64 |
renewed upon renewal of each license, endorsement, or | 65 |
identification card. | 66 |
(D) Except as provided in section 2108.07 of the Revised | 67 |
Code, the donee or other person authorized to accept the | 68 |
anatomical gift may employ or authorize any surgeon or physician | 69 |
to carry out the appropriate procedures. | 70 |
(E) Any anatomical gift by a person specified in division (B) | 71 |
of section 2108.02 of the Revised Code shall be made in one of the | 72 |
following ways: | 73 |
(1) By a document signed by the person; | 74 |
(2) By telegram; | 75 |
(3) By a telephone call in which two persons receive the | 76 |
message and one of them prepares written documentation of the | 77 |
message, or by a telephone call that is recorded mechanically or | 78 |
electronically. | 79 |
(F) A valid declaration of an anatomical gift made under | 80 |
division (A), (B), or (C) of this section prevails over any | 81 |
contrary desires of the donor's family regarding the donor's | 82 |
corpse, but nothing in this section shall be construed as | 83 |
requiring a donee to accept an anatomical gift. | 84 |
Sec. 2108.10. (A) The document of gift provided for in | 85 |
division (B)(1) of section 2108.04 of the Revised Code shall | 86 |
conform substantially to the following form: | 87 |
88 |
89 |
90 |
In the hope that I may help others upon my death, I hereby | 91 |
give the following body parts: | 92 |
.............................................. for any purpose | 93 |
authorized by law: transplantation, therapy, research, or | 94 |
education. | 95 |
Signed by the donor and the following two witnesses in the | 96 |
presence of each other: | 97 |
98 | |||
Signature of Donor | 99 | ||
100 | |||
Date of Birth of Donor | 101 | ||
102 | |||
Date Signed | 103 | ||
104 | |||
Witness | 105 | ||
106 | |||
Witness | 107 |
This is a legal document under the Uniform Anatomical Gift Act or | 108 |
similar laws." | 109 |
The statement of an anatomical gift provided for in division | 110 |
(B)(3) of section 2108.04 of the Revised Code and section 2133.16 | 111 |
of the Revised Code shall conform substantially to the form | 112 |
provided in division (B) of section 2133.07 of the Revised Code. | 113 |
(B) The document of gift provided for in division (E) of | 114 |
section 2108.04 of the Revised Code shall conform substantially to | 115 |
the following form: | 116 |
117 |
118 |
119 |
I hereby make this anatomical gift from the body of | 120 |
.................... (name) who died on .................... | 121 |
(date) in .................... (city and state) | 122 |
The marks in the appropriate squares and the words filled | 123 |
into the blanks below indicate my relationship to the decedent and | 124 |
my desires respecting the anatomical gift. | 125 |
1. I survive the decedent as: | 126 |
1. | [ ] | spouse; | 127 | ||||
2. | [ ] | adult son or daughter; | 128 | ||||
3. | [ ] | parent; | 129 | ||||
4. | [ ] | adult brother or sister; | 130 | ||||
5. | [ ] | grandparent; | 131 | ||||
6. | [ ] | guardian of the person; | 132 | ||||
7. | [ ] | person authorized to dispose of the body | 133 | ||||
134 |
2. I hereby give the following body parts: | 135 |
[ ] | heart | [ ] | liver | [ ] | skin | [ ] | middle ear | 136 | |
[ ] | kidneys | [ ] | lung | [ ] | heart valves | [ ] | other ...... | 137 | |
[ ] | pancreas | [ ] | eyes | [ ] | bone/ligament | 138 | |||
139 |
for: | [ ] | any purpose authorized by law | 140 | ||
[ ] | transplantation | 141 | |||
[ ] | therapy | 142 | |||
[ ] | medical research and education | 143 | |||
144 |
3. After the donated organs, tissues, or eyes are removed, the | 145 |
remains of the body shall be disposed of in the following manner: | 146 |
........................; at the expense of the following person: | 147 |
148 | ||||||
Date | City and State | 149 | ||||
150 | ||||||
Witness | Signature of Survivor | 151 | ||||
152 | ||||||
Witness | Address of Survivor" | 153 |
(C) The statement of gift provided for in division (C) of | 154 |
section 2108.04 of the Revised Code shall state the following: | 155 |
"Upon my death, I make an anatomical gift of organs, tissues, and | 156 |
eyes for any purpose authorized by law." | 157 |
The statement may be included on an application for a | 158 |
driver's license, commercial driver's license, motorcycle | 159 |
operator's license or endorsement, or state identification card. | 160 |
The donor shall sign the statement or the application containing | 161 |
the statement. If the donor is under eighteen years of age, a | 162 |
parent or guardian of the donor also must sign the statement or | 163 |
the application containing the statement. | 164 |
Sec. 2108.17. (A) There is hereby created within the | 165 |
department of health the second chance trust fund advisory | 166 |
committee, consisting of | 167 |
shall include the following: | 168 |
(1) The chairs of the standing committees of the house of | 169 |
representatives and senate with primary responsibilities for | 170 |
health legislation; | 171 |
(2) One representative of each of the following appointed by | 172 |
the director of health: | 173 |
(a) An Ohio organ procurement organization that is a member | 174 |
of the Organ Procurement and Transplantation Network; | 175 |
(b) An Ohio tissue bank that is an accredited member of the | 176 |
American association of tissue banks | 177 |
178 |
(c) An Ohio eye bank that is certified by the eye bank | 179 |
association of America | 180 |
181 |
(d) The Ohio solid organ transplantation consortium; | 182 |
(e) | 183 |
(i) It is a member of the Ohio hospital association | 184 |
(ii) It has a transplant program or a facility that has been | 185 |
verified as a level I or level II trauma center by the American | 186 |
college of surgeons. | 187 |
(f) The department of health. | 188 |
(3) Except as provided in division | 189 |
three members of the public appointed by the director who are not | 190 |
affiliated with recovery agencies; | 191 |
(4) Two members appointed by the director who are either | 192 |
affiliated with recovery agencies or members of the public. | 193 |
(B) | 194 |
195 | |
196 | |
197 |
| 198 |
this section, the representatives of the organ procurement | 199 |
organization, tissue procurement organization, and eye bank shall | 200 |
serve terms of three years; the representatives of the department | 201 |
of health and Ohio solid organ transplantation consortium shall | 202 |
serve terms of two years; and the member representing the Ohio | 203 |
hospital association shall serve a term of one year. Thereafter, | 204 |
all members shall serve terms of three years. | 205 |
| 206 |
of this section shall be representatives of the following: | 207 |
(1) An organ procurement organization in Ohio designated by | 208 |
the United States secretary of health and human services that is | 209 |
not represented by the appointment under division (A)(2)(a) of | 210 |
this section; | 211 |
(2) An Ohio tissue bank that is an accredited member of the | 212 |
American association of tissue banks, not affiliated with an organ | 213 |
procurement organization, and not represented by the appointment | 214 |
under division (A)(2)(b) of this section; | 215 |
(3) An Ohio eye bank that is certified by the eye bank | 216 |
association of America, not affiliated with an organ procurement | 217 |
organization, and not represented by the appointment under | 218 |
division (A)(2)(c) of this section. | 219 |
The three members shall serve until the proposed rules under | 220 |
section 2108.18 of the Revised Code are formulated. After the | 221 |
initial appointments, the director shall appoint three members of | 222 |
the public who are not affiliated with recovery agencies to serve | 223 |
terms of three years. | 224 |
| 225 |
(4) of this section shall be geographically and demographically | 226 |
representative of the state. No more than a total of three members | 227 |
appointed under divisions (A)(2), (3), and (4) of this section | 228 |
shall be affiliated with the same recovery agency or group of | 229 |
recovery agencies. Recovery agencies that recover only one type of | 230 |
organ, tissue, or part, as well as recovery agencies that recover | 231 |
more than one type of organ, tissue, or part, shall be | 232 |
represented. | 233 |
No individual appointed under division (A)(2) | 234 |
of this section shall serve more than two consecutive terms, | 235 |
regardless of whether the terms were full or partial terms. Each | 236 |
member shall serve from the date of appointment until the member's | 237 |
successor is appointed. All vacancies on the committee shall be | 238 |
filled for the balance of the unexpired term in the same manner as | 239 |
the original appointment. | 240 |
| 241 |
among its members and shall establish procedures for the | 242 |
governance of its operations. The committee shall meet at least | 243 |
semiannually. It shall submit an annual report of its activities | 244 |
and recommendations to the director of health. | 245 |
| 246 |
but shall be reimbursed from the second chance trust fund for all | 247 |
actual and necessary expenses incurred in the performance of | 248 |
official duties. | 249 |
| 250 |
(1) Make recommendations to the director of health for | 251 |
projects for funding from the second chance trust fund; | 252 |
(2) Consult with the registrar of motor vehicles in | 253 |
formulating proposed rules under division (C)(1) of section | 254 |
2108.18 of the Revised Code; | 255 |
(3) As requested, consult with the registrar or director on | 256 |
other matters related to organ donation; | 257 |
(4) Approve brochures, written materials, and electronic | 258 |
media regarding anatomical gifts and anatomical gift procedures | 259 |
for use in driver training schools pursuant to section 4508.021 of | 260 |
the Revised Code. | 261 |
| 262 |
Revised Code. | 263 |
Sec. 2108.18. (A)(1) The bureau of motor vehicles shall | 264 |
develop and maintain a donor registry that identifies each | 265 |
individual who has agreed to make an anatomical gift by a | 266 |
designation on a driver's or commercial driver's license or | 267 |
motorcycle operator's license or endorsement as provided in | 268 |
division (C) of section 2108.04 of the Revised Code. The registry | 269 |
shall be fully operational not later than July 1, 2002. | 270 |
(2) Any person who provides to the bureau the form set forth | 271 |
in division (C)(2) of section 2133.07 of the Revised Code | 272 |
requesting to be included in the donor registry shall be included. | 273 |
(B) The bureau shall maintain the registry in a manner that | 274 |
provides to organ procurement organizations, tissue banks, and eye | 275 |
banks immediate access to the information in the registry | 276 |
twenty-four hours a day and seven days a week. | 277 |
(C)(1) The registrar of motor vehicles, in consultation with | 278 |
the director of health and the second chance trust fund advisory | 279 |
committee created under section 2108.17 of the Revised Code, shall | 280 |
formulate proposed rules that specify all of the following: | 281 |
(a) The information to be included in the registry; | 282 |
(b) A process, in addition to that provided for in section | 283 |
2108.06 of the Revised Code, for an individual to revoke the | 284 |
individual's intent to make an anatomical gift and for updating | 285 |
information in the registry; | 286 |
(c) How the registry will be made available to organ | 287 |
procurement organizations, tissue banks, and eye banks; | 288 |
(d) Limitations on the use of and access to the registry; | 289 |
(e) How information on organ, tissue, and eye donation will | 290 |
be developed and disseminated to the public by the bureau and the | 291 |
department of health; | 292 |
(f) Anything else the registrar considers appropriate. | 293 |
(2) In formulating the proposed rules under this division, | 294 |
the registrar may consult with any person or entity that expresses | 295 |
an interest in the matters to be dealt with in the rules. | 296 |
(3) Following formulation of the proposed rules, but not | 297 |
later than January 1, 2002, the registrar shall adopt rules in | 298 |
accordance with Chapter 119. of the Revised Code. | 299 |
(D) The costs of developing and initially implementing the | 300 |
registry shall be paid from the second chance trust fund created | 301 |
in section 2108.15 of the Revised Code. | 302 |
Sec. 2133.07. (A) A printed form of a declaration may be sold | 303 |
or otherwise distributed in this state for use by adults who are | 304 |
not advised by an attorney. By use of a printed form of that | 305 |
nature, a declarant may authorize the use or continuation, or the | 306 |
withholding or withdrawal, of life-sustaining treatment should the | 307 |
declarant be in a terminal condition, a permanently unconscious | 308 |
state, or either a terminal condition or a permanently unconscious | 309 |
state, may authorize the withholding or withdrawal of nutrition or | 310 |
hydration should the declarant be in a permanently unconscious | 311 |
state as described in division (A)(3)(a) of section 2133.02 of the | 312 |
Revised Code, and may designate one or more persons who are to be | 313 |
notified by the declarant's attending physician at any time that | 314 |
life-sustaining treatment would be withheld or withdrawn pursuant | 315 |
to the declaration. The printed form shall not be used as an | 316 |
instrument for granting any other type of authority or for making | 317 |
any other type of designation, except that the printed form may be | 318 |
used as a DNR identification if the declarant specifies on the | 319 |
form that the declarant wishes to use it as a DNR identification | 320 |
and except as provided in division (B) of this section. | 321 |
(B) A printed form of a declaration under division (A) of | 322 |
this section shall include, before the signature of the declarant | 323 |
or another individual at the direction of the declarant, | 324 |
statements that conform substantially to the following form: | 325 |
326 |
Upon my death, the following are my directions regarding | 327 |
donation of all or part of my body: | 328 |
... YES, in the hope that I may help others upon my death, I | 329 |
hereby give the following body parts: | 330 |
331 | |||
332 |
for any purpose authorized by law: transplantation, therapy, | 333 |
research, or education. | 334 |
335 |
... NO, I do not wish to donate all or any part of my body as | 336 |
an anatomical gift. (If this revokes a prior anatomical gift that | 337 |
I have made to a designated donee, I will attempt to notify the | 338 |
donee to which or to whom I agreed to donate all or part of my | 339 |
body.) | 340 |
If I do not check either of the lines indicated above, no | 341 |
presumption is created about my desire to make or refuse to make | 342 |
an anatomical gift." | 343 |
(C)(1) A printed form of a declaration under division (A) of | 344 |
this section shall include, as a separate page or as a portion of | 345 |
a page that can be detached from the declaration, a donor registry | 346 |
enrollment form that permits the donor to be included in the donor | 347 |
registry created under section 2108.18 of the Revised Code. | 348 |
(2) The donor registry enrollment form shall conform | 349 |
substantially to the following form: | 350 |
351 |
To register for the Donor Registry, please complete this form | 352 |
and send it to the Ohio Bureau of Motor Vehicles. This form must | 353 |
be signed by two witnesses. If the donor is under age eighteen, | 354 |
one witness must be the donor's parent or legal guardian. | 355 |
... Please include me in the donor registry. | 356 |
... Please remove me from the donor registry. | 357 |
Full Name (please print) ......................................... | 358 | |
Mailing address .................................................. | 359 | |
.................................................................. | 360 | |
.................................................................. | 361 | |
Phone ................. Date of Birth ............................ | 362 | |
Driver License or ID Card No. .................................... | 363 | |
Social Security No. .............................................. | 364 |
... On my death, I make an anatomical gift of my organs, tissues, | 365 |
and eyes for any purpose authorized by law. | 366 |
367 |
... On my death, I make an anatomical gift of the following | 368 |
specified organs, tissues, or eyes for any purposes indicated | 369 |
below. | 370 |
371 | ||
372 | ||
373 |
Purposes: | 374 |
... Any purpose authorized by law | 375 |
... Transplantation | 376 |
... Therapy | 377 |
... Research | 378 |
... Education | 379 |
... Advancement of medical science | 380 |
... Advancement of dental science | 381 |
............................. ................................... | 382 | |
Signature of donor registrant Date | 383 | |
384 | ||
Witness signature | 385 | |
386 | ||
Witness signature" | 387 |
(D) As used in this section | 388 |
(1) "Anatomical gift" has the same meaning as in section | 389 |
2108.01 of the Revised Code. | 390 |
(2) "DNR identification" has the same meaning as in section | 391 |
2133.21 of the Revised Code. | 392 |
Sec. 2133.16. (A) As used in this section: | 393 |
(1) "Anatomical gift" and "donor" have the same meanings as | 394 |
in section 2108.01 of the Revised Code. | 395 |
(2) "Declarant" and "declaration" have the same meanings as | 396 |
in section 2133.01 of the Revised Code. | 397 |
(B) A declarant may make an anatomical gift of all or part of | 398 |
the declarant's body by specifying the intent of the declarant to | 399 |
make the anatomical gift in a space provided in the declaration. | 400 |
All of the following apply to a declaration that specifies the | 401 |
intent of the declarant to make an anatomical gift: | 402 |
(1) The declaration serves as a document other than a will in | 403 |
which a declarant makes an anatomical gift as provided in | 404 |
divisions (B)(1) and (3) of section 2108.04 of the Revised Code. | 405 |
(2) The declaration is considered as having satisfied the | 406 |
requirements specified in divisions (B)(1) and (3) of section | 407 |
2108.04 of the Revised Code to make an anatomical gift by a | 408 |
document other than a will. | 409 |
(3) The declaration is subject to sections 2108.01 to 2108.12 | 410 |
of the Revised Code to the extent that the declaration specifies | 411 |
the intent of the declarant to make an anatomical gift. | 412 |
(C) A declarant who makes an anatomical gift in the manner | 413 |
described in division (B) of this section may amend the anatomical | 414 |
gift under the circumstances and by any of the means provided in | 415 |
division (A) of section 2108.06 of the Revised Code. | 416 |
(D) A declarant who makes an anatomical gift in the manner | 417 |
described in division (B) of this section may revoke the | 418 |
anatomical gift under the circumstances and by any of the means | 419 |
provided in division (A) of section 2108.06 of the Revised Code or | 420 |
by cancellation of the declarant's intent to make the anatomical | 421 |
gift as specified in the declaration. | 422 |
(E) A declarant may refuse to make an anatomical gift of all | 423 |
or part of the declarant's body by specifying the intent of the | 424 |
declarant to refuse to make the anatomical gift in a space | 425 |
provided in the declaration. | 426 |
(F) Nothing in this section requires a declarant to make, | 427 |
amend, or refuse to make an anatomical gift in a space provided in | 428 |
a declaration or otherwise limits a declarant from making, | 429 |
amending, or refusing to make an anatomical gift. The failure of a | 430 |
declarant to indicate in the space provided in the declaration the | 431 |
intent of the declarant to make an anatomical gift or to refuse to | 432 |
make an anatomical gift does not create a presumption of the | 433 |
intent of the declarant in regard to the matter of making or | 434 |
refusing to make an anatomical gift. | 435 |
Section 2. That existing sections 2108.04, 2108.10, 2108.17, | 436 |
2108.18, and 2133.07 of the Revised Code are hereby repealed. | 437 |
Section 3. Section 2133.07 of the Revised Code, as amended by | 438 |
this act, shall take effect ninety days after the effective date | 439 |
of this act. | 440 |
Section 4. The amendments made by this act to section 2133.07 | 441 |
of the Revised Code do not affect an otherwise valid declaration | 442 |
governing the use, continuation, withholding, or withdrawal of | 443 |
life-sustaining treatment that was executed before the effective | 444 |
date of section 2133.07 of the Revised Code as amended by this | 445 |
act. | 446 |