As Passed by the Senate

125th General Assembly
Regular Session
2003-2004
Sub. H. B. No. 392


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, Willamowski, Beatty, Book, Brown, Carano, Chandler, Cirelli, Core, Daniels, Domenick, D. Evans, Flowers, Gibbs, Hagan, Hartnett, Hughes, Key, Mason, Miller, Niehaus, Otterman, Raussen, Redfern, Schlichter, Schneider, Sferra, Skindell, Slaby, D. Stewart, J. Stewart, Sykes, Taylor, Webster, Wilson, Woodard

SENATORS Wachtmann, Brady, DiDonato, Fedor, Hagan, Padgett, Prentiss, Roberts, Zurz, Miller, Schuring, Mallory, Harris, Randy Gardner, Spada, Robert Gardner



A BILL
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


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

       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 or11
older may make an anatomical gift by will under division (A) of12
section 2108.02 of the Revised Code. The anatomical gift becomes13
effective upon the death of the testator without waiting for14
probate. If the will is not probated or if it is declared invalid15
for testamentary purposes, the anatomical gift, to the extent that16
it has been acted upon in good faith, is nevertheless valid and17
effective.18

       (B)(1) An individual may also make an anatomical gift under19
division (A) of section 2108.02 of the Revised Code by a document20
other than a will. The anatomical gift becomes effective upon the21
death of the donor. The document, which may be a card designed to22
be carried on the person, shall be signed by the donor in the23
presence of two witnesses who shall sign the document in the24
donor's presence. If the donor cannot sign, the document may be25
signed for the donor at the donor's direction and in the presence26
of two witnesses, having no affiliation with the donee, who shall27
sign the document in the donor's presence. Delivery of the28
document of gift during the donor's lifetime is not necessary to29
make the anatomical gift valid.30

       (2) If a person less than eighteen years of age wishes to31
make an anatomical gift under division (B)(1) of this section, one32
of the witnesses who signs the document shall be a parent or33
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 2108.0249
of the Revised Code may also be made by a designation, to be50
provided for on all Ohio driver's or commercial driver's licenses51
and motorcycle operator's licenses or endorsements, and on all52
identification cards. The anatomical gift becomes effective upon53
the death of the donor. The holder of the driver's or commercial54
driver's license or endorsement, or the holder of the55
identification card must sign a statement at the time of56
application or renewal of the license, endorsement, or57
identification card; except that when the holder of the license or58
card is less than eighteen years of age, the statement also shall59
be signed by a parent or guardian of the holder. Delivery of the60
license or identification card during the donor's lifetime is not61
necessary to make the anatomical gift valid. Revocation,62
suspension, or expiration of the license or endorsement will not63
invalidate the anatomical gift. The anatomical gift must be64
renewed upon renewal of each license, endorsement, or65
identification card.66

       (D) Except as provided in section 2108.07 of the Revised67
Code, the donee or other person authorized to accept the68
anatomical gift may employ or authorize any surgeon or physician69
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 the76
message and one of them prepares written documentation of the77
message, or by a telephone call that is recorded mechanically or78
electronically.79

       (F) A valid declaration of an anatomical gift made under80
division (A), (B), or (C) of this section prevails over any81
contrary desires of the donor's family regarding the donor's82
corpse, but nothing in this section shall be construed as83
requiring a donee to accept an anatomical gift.84

       Sec. 2108.10.  (A) The document of gift provided for in85
division (B)(1) of section 2108.04 of the Revised Code shall 86
conform substantially to the following form:87

"ANATOMICAL GIFT OF
88

...................................
89

(Print or type name of living donor)
90

       In the hope that I may help others upon my death, I hereby91
give the following body parts:92
.............................................. for any purpose93
authorized by law: transplantation, therapy, research, or94
education.95

Signed by the donor and the following two witnesses in the96
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 or108
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) of114
section 2108.04 of the Revised Code shall conform substantially to115
the following form:116

"ANATOMICAL GIFT BY A RELATIVE
117

OR THE GUARDIAN OF
118

THE PERSON OF A DECEDENT
119

       I hereby make this anatomical gift from the body of120
.................... (name) who died on ....................121
(date) in .................... (city and state)122

       The marks in the appropriate squares and the words filled123
into the blanks below indicate my relationship to the decedent and124
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, the145
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) of154
section 2108.04 of the Revised Code shall state the following:155

"Upon my death, I make an anatomical gift of organs, tissues, and156
eyes for any purpose authorized by law."157

       The statement may be included on an application for a158
driver's license, commercial driver's license, motorcycle159
operator's license or endorsement, or state identification card.160
The donor shall sign the statement or the application containing161
the statement. If the donor is under eighteen years of age, a162
parent or guardian of the donor also must sign the statement or163
the application containing the statement.164

       Sec. 2108.17.  (A) There is hereby created within the165
department of health the second chance trust fund advisory166
committee, consisting of eleventhirteen members. The members 167
shall include the following:168

       (1) The chairs of the standing committees of the house of169
representatives and senate with primary responsibilities for170
health legislation;171

       (2) One representative of each of the following appointed by172
the director of health:173

       (a) An Ohio organ procurement organization that is a member174
of the Organ Procurement and Transplantation Network;175

       (b) An Ohio tissue bank that is an accredited member of the176
American association of tissue banks and is not affiliated with an177
organ procurement organization;178

       (c) An Ohio eye bank that is certified by the eye bank179
association of America and is not affiliated with an organ180
procurement organization;181

       (d) The Ohio solid organ transplantation consortium;182

       (e) TheA hospital to which both of the following apply: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 (D)(C) of this section,189
three members of the public appointed by the director who are not190
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) No two members appointed under divisions (A)(2)(a), (b),194
and (c) of this section shall be from the same organ procurement195
and distribution service area designated by the United States196
secretary of health and human services.197

       (C) Of the members first appointed under division (A)(2) of198
this section, the representatives of the organ procurement199
organization, tissue procurement organization, and eye bank shall200
serve terms of three years; the representatives of the department201
of health and Ohio solid organ transplantation consortium shall202
serve terms of two years; and the member representing the Ohio203
hospital association shall serve a term of one year. Thereafter,204
all members shall serve terms of three years.205

       (D)(C) The members initially appointed under division (A)(3) 206
of this section shall be representatives of the following:207

       (1) An organ procurement organization in Ohio designated by208
the United States secretary of health and human services that is209
not represented by the appointment under division (A)(2)(a) of210
this section;211

       (2) An Ohio tissue bank that is an accredited member of the212
American association of tissue banks, not affiliated with an organ213
procurement organization, and not represented by the appointment214
under division (A)(2)(b) of this section;215

       (3) An Ohio eye bank that is certified by the eye bank216
association of America, not affiliated with an organ procurement217
organization, and not represented by the appointment under218
division (A)(2)(c) of this section.219

       The three members shall serve until the proposed rules under220
section 2108.18 of the Revised Code are formulated. After the221
initial appointments, the director shall appoint three members of222
the public who are not affiliated with recovery agencies to serve223
terms of three years.224

       (E) No(D) Members appointed under division (A)(2), (3), or 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) or, (3), or (4)234
of this section shall serve more than two consecutive terms,235
regardless of whether the terms were full or partial terms. Each236
member shall serve from the date of appointment until the member's237
successor is appointed. All vacancies on the committee shall be238
filled for the balance of the unexpired term in the same manner as239
the original appointment.240

       (F)(E) The committee shall annually elect a chairperson from241
among its members and shall establish procedures for the242
governance of its operations. The committee shall meet at least243
semiannually. It shall submit an annual report of its activities244
and recommendations to the director of health.245

       (G)(F) Committee members shall serve without compensation, 246
but shall be reimbursed from the second chance trust fund for all247
actual and necessary expenses incurred in the performance of248
official duties.249

       (H)(G) The committee shall do all of the following:250

       (1) Make recommendations to the director of health for251
projects for funding from the second chance trust fund;252

       (2) Consult with the registrar of motor vehicles in253
formulating proposed rules under division (C)(1) of section254
2108.18 of the Revised Code;255

       (3) As requested, consult with the registrar or director on256
other matters related to organ donation;257

       (4) Approve brochures, written materials, and electronic258
media regarding anatomical gifts and anatomical gift procedures259
for use in driver training schools pursuant to section 4508.021 of260
the Revised Code.261

       (I)(H) The committee is not subject to section 101.84 of the262
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 sold303
or otherwise distributed in this state for use by adults who are304
not advised by an attorney. By use of a printed form of that305
nature, a declarant may authorize the use or continuation, or the306
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 or310
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 be313
notified by the declarant's attending physician at any time that314
life-sustaining treatment would be withheld or withdrawn pursuant315
to the declaration. The printed form shall not be used as an316
instrument for granting any other type of authority or for making317
any other type of designation, except that the printed form may be318
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

"ANATOMICAL GIFT (optional)
326

       Upon my death, the following are my directions regarding 327
donation of all or part of my body:328

       In the hope that I may help others upon my death, I hereby 329
give the following body parts:330

331
332

for any purpose authorized by law: transplantation, therapy, 333
research, or education.334

       If I do not indicate a desire to donate all or part of my 335
body by filling in the lines above, no presumption is created 336
about my desire to make or refuse to make an anatomical gift."337

       (C)(1) A printed form of a declaration under division (A) of 338
this section shall include, as a separate page or as a portion of 339
a page that can be detached from the declaration, a donor registry 340
enrollment form that permits the donor to be included in the donor 341
registry created under section 2108.18 of the Revised Code.342

        (2) The donor registry enrollment form shall conform 343
substantially to the following form:344

"DONOR REGISTRY ENROLLMENT FORM (optional)
345

       To register for the Donor Registry, please complete this form 346
and send it to the Ohio Bureau of Motor Vehicles. This form must 347
be signed by two witnesses. If the donor is under age eighteen, 348
one witness must be the donor's parent or legal guardian.349

... Please include me in the donor registry.350

... Please remove me from the donor registry.351

Full Name (please print) ......................................... 352
Mailing address .................................................. 353
.................................................................. 354
.................................................................. 355
Phone ................. Date of Birth ............................ 356
Driver License or ID Card No. .................................... 357
Social Security No. .............................................. 358

... On my death, I make an anatomical gift of my organs, tissues, 359
and eyes for any purpose authorized by law.360

OR
361

... On my death, I make an anatomical gift of the following 362
specified organs, tissues, or eyes for any purposes indicated 363
below.364

365
366
367

       Purposes:368

             ... Any purpose authorized by law369

            ... Transplantation370

            ... Therapy371

            ... Research372

            ... Education373

            ... Advancement of medical science374

            ... Advancement of dental science375

.............................   ................................... 376
Signature of donor registrant   Date 377
378
Witness signature 379
380
Witness signature" 381

       (D) As used in this section,:382

       (1) "Anatomical gift" has the same meaning as in section 383
2108.01 of the Revised Code.384

       (2) "DNR identification" has the same meaning as in section 385
2133.21 of the Revised Code.386

       Sec. 2133.16.  (A) As used in this section:387

       (1) "Anatomical gift" and "donor" have the same meanings as 388
in section 2108.01 of the Revised Code.389

       (2) "Declarant" and "declaration" have the same meanings as 390
in section 2133.01 of the Revised Code.391

       (B) A declarant may make an anatomical gift of all or part of 392
the declarant's body by specifying the intent of the declarant to 393
make the anatomical gift in a space provided in the declaration. 394
All of the following apply to a declaration that specifies the 395
intent of the declarant to make an anatomical gift:396

       (1) The declaration serves as a document other than a will in 397
which a declarant makes an anatomical gift as provided in 398
divisions (B)(1) and (3) of section 2108.04 of the Revised Code.399

       (2) The declaration is considered as having satisfied the 400
requirements specified in divisions (B)(1) and (3) of section 401
2108.04 of the Revised Code to make an anatomical gift by a 402
document other than a will.403

       (3) The declaration is subject to sections 2108.01 to 2108.12 404
of the Revised Code to the extent that the declaration specifies 405
the intent of the declarant to make an anatomical gift. 406

       (C) A declarant who makes an anatomical gift in the manner 407
described in division (B) of this section may amend the anatomical 408
gift under the circumstances and by any of the means provided in 409
division (A) of section 2108.06 of the Revised Code.410

       (D) A declarant who makes an anatomical gift in the manner 411
described in division (B) of this section may revoke the 412
anatomical gift under the circumstances and by any of the means 413
provided in division (A) of section 2108.06 of the Revised Code or 414
by cancellation of the declarant's intent to make the anatomical 415
gift as specified in the declaration.416

       (E) A declarant may refuse to make an anatomical gift of all 417
or part of the declarant's body by specifying the intent of the 418
declarant to refuse to make the anatomical gift in a space 419
provided in the declaration.420

       (F) Nothing in this section requires a declarant to make, 421
amend, or refuse to make an anatomical gift in a space provided in 422
a declaration or otherwise limits a declarant from making, 423
amending, or refusing to make an anatomical gift. The failure of a 424
declarant to indicate in the space provided in the declaration the 425
intent of the declarant to make an anatomical gift or to refuse to 426
make an anatomical gift does not create a presumption of the 427
intent of the declarant in regard to the matter of making or 428
refusing to make an anatomical gift.429

       Section 2. That existing sections 2108.04, 2108.10, 2108.17, 430
2108.18, and 2133.07 of the Revised Code are hereby repealed.431

       Section 3. Section 2133.07 of the Revised Code, as amended by 432
this act, shall take effect 90 days after the effective date of 433
this act.434

       Section 4. The amendments made by this act to section 2133.07 435
of the Revised Code do not affect an otherwise valid declaration 436
governing the use, continuation, withholding, or withdrawal of 437
life-sustaining treatment that was executed before the effective 438
date of section 2133.07 of the Revised Code as amended by this 439
act.440