As Introduced

125th General Assembly Regular Session 2003-2004

H. B. No. 72

Representatives Oelslager, C. Evans, Hartnett, Hollister, Miller, Olman, Seitz, Ujvagi 

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A BILL

To amend sections 1337.11 and 1337.14 and to enact

1

sections 2135.01 to 2135.14 of the Revised Code to

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permit the execution of a Declaration for Mental

3

Health Treatment.

4

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

Section 1. That sections 1337.11 and 1337.14 be amended and	5
sections 2135.01, 2135.02, 2135.03, 2135.04, 2135.05, 2135.06,	6
2135.07, 2135.08, 2135.09, 2135.10, 2135.11, 2135.12, 2135.13, and	7
2135.14 of the Revised Code be enacted to read as follows:	8

Sec. 1337.11.  As used in sections 1337.11 to 1337.17 of the	9
Revised Code:	10

(A) "Adult" means a person who is eighteen years of age or	11
older.	12

(B) "Attending physician" means the physician to whom a	13
principal or the family of a principal has assigned primary	14
responsibility for the treatment or care of the principal or, if	15
the responsibility has not been assigned, the physician who has	16
accepted that responsibility.	17

(C) "Comfort care" means any of the following:

18

(1) Nutrition when administered to diminish the pain or	19
discomfort of a principal, but not to postpone death;	20

(2) Hydration when administered to diminish the pain or	21
discomfort of a principal, but not to postpone death;	22

(3) Any other medical or nursing procedure, treatment,	23
intervention, or other measure that is taken to diminish the pain	24
or discomfort of a principal, but not to postpone death.	25

(D) "Consulting physician" means a physician who, in	26
conjunction with the attending physician of a principal, makes one	27
or more determinations that are required to be made by the	28
attending physician, or to be made by the attending physician and	29
one other physician, by an applicable provision of sections	30
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of	31
medical certainty and in accordance with reasonable medical	32
standards.	33

(E) "Declaration for mental health treatment" has the same	34
meaning as in section 2135.01 of the Revised Code.	35

(F) "Guardian" means a person appointed by a probate court	36
pursuant to Chapter 2111. of the Revised Code to have the care and	37
management of the person of an incompetent.	38

(F)(G) "Health care" means any care, treatment, service, or	39
procedure to maintain, diagnose, or treat an individual's physical	40
or mental condition or physical or mental health.	41

(G)(H) "Health care decision" means informed consent, refusal	42
to give informed consent, or withdrawal of informed consent to	43
health care.	44

(H)(I) "Health care facility" means any of the following:

45

(1) A hospital;

46

(2) A hospice care program or other institution that	47
specializes in comfort care of patients in a terminal condition or	48
in a permanently unconscious state;	49

(3) A nursing home;

50

(4) A home health agency;

51

(5) An intermediate care facility for the mentally retarded;

52

(6) A regulated community mental health organization.

53

(I)(J) "Health care personnel" means physicians, nurses,	54
physician assistants, emergency medical technicians-basic,	55
emergency medical technicians-intermediate, emergency medical	56
technicians-paramedic, medical technicians, dietitians, other	57
authorized persons acting under the direction of an attending	58
physician, and administrators of health care facilities.	59

(J)(K) "Home health agency" has the same meaning as in	60
section 3701.885101.61 of the Revised Code.	61

(K)(L) "Hospice care program" has the same meaning as in	62
section 3712.01 of the Revised Code.	63

(L)(M) "Hospital" has the same meanings as in sections	64
2108.01, 3701.01, and 5122.01 of the Revised Code.	65

(M)(N) "Hydration" means fluids that are artificially or	66
technologically administered.	67

(N)(O) "Incompetent" has the same meaning as in section	68
2111.01 of the Revised Code.	69

(O)(P) "Intermediate care facility for the mentally retarded"	70
has the same meaning as in section 5111.20 of the Revised Code.	71

(P)(Q) "Life-sustaining treatment" means any medical	72
procedure, treatment, intervention, or other measure that, when	73
administered to a principal, will serve principally to prolong the	74
process of dying.	75

(Q)(R) "Medical claim" has the same meaning as in section	76
2305.112305.113 of the Revised Code.	77

(S) "Mental health treatment" has the same meaning as in	78
section 2135.01 of the Revised Code.	79

(R)(T) "Nursing home" has the same meaning as in section	80
3721.01 of the Revised Code.	81

(S)(U) "Nutrition" means sustenance that is artificially or	82
technologically administered.	83

(T)(V) "Permanently unconscious state" means a state of	84
permanent unconsciousness in a principal that, to a reasonable	85
degree of medical certainty as determined in accordance with	86
reasonable medical standards by the principal's attending	87
physician and one other physician who has examined the principal,	88
is characterized by both of the following:	89

(1) Irreversible unawareness of one's being and environment.

90

(2) Total loss of cerebral cortical functioning, resulting in	91
the principal having no capacity to experience pain or suffering.	92

(U)(W) "Person" has the same meaning as in section 1.59 of	93
the Revised Code and additionally includes political subdivisions	94
and governmental agencies, boards, commissions, departments,	95
institutions, offices, and other instrumentalities.	96

(V)(X) "Physician" means a person who is authorized under	97
Chapter 4731. of the Revised Code to practice medicine and surgery	98
or osteopathic medicine and surgery.	99

(W)(Y) "Political subdivision" and "state" have the same	100
meanings as in section 2744.01 of the Revised Code.	101

(X)(Z) "Professional disciplinary action" means action taken	102
by the board or other entity that regulates the professional	103
conduct of health care personnel, including the state medical	104
board and the board of nursing.	105

(Y)(AA) "Regulated community mental health organization"	106
means a residential facility as defined and licensed under section	107
5119.22 of the Revised Code or a community mental health agency as	108
defined in section 5122.01 of the Revised Code.	109

(BB) "Terminal condition" means an irreversible, incurable,	110
and untreatable condition caused by disease, illness, or injury	111
from which, to a reasonable degree of medical certainty as	112
determined in accordance with reasonable medical standards by a	113
principal's attending physician and one other physician who has	114
examined the principal, both of the following apply:	115

(1) There can be no recovery.

116

(2) Death is likely to occur within a relatively short time	117
if life-sustaining treatment is not administered.	118

(Z)(CC) "Tort action" means a civil action for damages for	119
injury, death, or loss to person or property, other than a civil	120
action for damages for a breach of contract or another agreement	121
between persons.	122

Sec. 1337.14.  (A) A principal who creates a valid durable	123
power of attorney for health care may revoke that instrument or	124
the designation of the attorney in fact under it.	125

The principal may so revoke at any time and in any manner,	126
except that the principal may not revoke the instrument or the	127
designation if the principal has lost the capacity to make	128
informed health care decisions for the principal. The revocation	129
shall be effective when the principal expresses hisan intention	130
to so revoke, except that, if the principal made histhe	131
principal's attending physician aware of the durable power of	132
attorney for health care, the revocation shall be effective upon	133
its communication to the attending physician by the principal	134
himself, a witness to the revocation, or other health care	135
personnel to whom the revocation is communicated by such a	136
witness. Absent actual knowledge to the contrary, the attending	137
physician of the principal and other health care personnel who are	138
informed of the revocation of a durable power of attorney for	139
health care by an alleged witness may rely on the information and	140
act in accordance with the revocation.	141

(B) Upon the communication as described in division (A) of	142
this section to the attending physician of a principal of the fact	143
that histhe principal's durable power of attorney for health care	144
has been revoked, the attending physician or other health care	145
personnel acting under the direction of the attending physician	146
shall make the fact a part of the principal's medical record.	147

(C) Unless the instrument provides otherwise, a valid durable	148
power of attorney for health care revokes a prior, valid durable	149
power of attorney for health care.	150

(D) Regardless of when the declaration is drafted, the	151
execution of a declaration for mental health treatment does not	152
revoke a valid durable power of attorney for health care. A	153
declaration for mental health treatment executed in accordance	154
with Chapter 2135. of the Revised Code supersedes a valid durable	155
power of attorney for health care with regard to mental health	156
treatment and the designation of a proxy to make decisions	157
regarding mental health treatment.	158

Sec. 2135.01. As used in sections 2135.01 to 2135.14 of the	159
Revised Code:	160

(A) "Adult" means a person who is eighteen years of age or	161
older.	162

(B) "Capacity to consent to mental health treatment	163
decisions" means the functional ability to understand information	164
about the risks of, benefits of, and alternatives to the proposed	165
mental health treatment, to rationally use that information, to	166
appreciate how that information applies to the declarant, and to	167
express a choice about the proposed treatment.	168

(C) "Declarant" means an adult who has executed a declaration	169
for mental health treatment in accordance with this chapter.	170

(D) "Declaration for mental health treatment" or	171
"declaration" means a written document declaring preferences or	172
instructions regarding mental health treatment executed in	173
accordance with this chapter.	174

(E) "Designated physician" means the physician the declarant	175
has named in a declaration for mental health treatment and has	176
assigned the primary responsibility for the declarant's mental	177
health treatment or, if the declarant has not so named a	178
physician, the physician who has accepted that responsibility.	179

(F) "Guardian" means a person appointed by a probate court	180
pursuant to Chapter 2111. of the Revised Code to have the care and	181
management of the person of an incompetent.	182

(G) "Health care" means any care, treatment, service, or	183
procedure to maintain, diagnose, or treat an individual's physical	184
or mental condition or physical or mental health.	185

(H) "Health care facility" has the same meaning as in section	186
1337.11 of the Revised Code.	187

(I) "Incompetent" has the same meaning as in section 2111.01	188
of the Revised Code.	189

(J) "Informed consent" means consent voluntarily given by a	190
person after a sufficient explanation and disclosure of the	191
subject matter involved to enable that person to have a general	192
understanding of the nature, purpose, and goal of the treatment or	193
procedures, including the substantial risks and hazards inherent	194
in the proposed treatment or procedures and any alternative	195
treatment or procedures, and to make a knowing health care	196
decision without coercion or undue influence.	197

(K) "Medical record" means any document or combination of	198
documents that pertains to a declarant's medical history,	199
diagnosis, prognosis, or medical condition and that is generated	200
and maintained in the process of the declarant's health care.	201

(L) "Mental health treatment" means any care, treatment,	202
service, or procedure to maintain, diagnose, or treat an	203
individual's mental condition or mental health, including, but not	204
limited to, electroconvulsive or other convulsive treatment,	205
treatment of mental illness with medication, and admission to and	206
retention in a health care facility.	207

(M) "Mental health treatment decision" means informed	208
consent, refusal to give informed consent, or withdrawal of	209
informed consent to mental health treatment.	210

(N) "Mental health treatment provider" means physicians,	211
physician assistants, psychologists, licensed independent social	212
workers, licensed professional clinical counselors, and	213
psychiatric nurses.	214

(O) "Physician" means a person who is authorized under	215
Chapter 4731. of the Revised Code to practice medicine and surgery	216
or osteopathic medicine and surgery.	217

(P) "Professional disciplinary action" means action taken by	218
the board or other entity that regulates the professional conduct	219
of health care personnel, including, but not limited to, the state	220
medical board, the state board of psychology, and the state board	221
of nursing.	222

(Q) "Proxy" means an adult designated to make mental health	223
treatment decisions for a declarant under a valid declaration for	224
mental health treatment.	225

(R) "Psychiatric nurse" means a registered nurse who holds a	226
master's degree or doctorate in nursing with a specialization in	227
psychiatric nursing.	228

(S) "Psychiatrist" has the same meaning as in section 5122.01	229
of the Revised Code.	230

(T) "Psychologist" has the same meaning as in section 4732.01	231
of the Revised Code.	232

(U) "Registered nurse" has the same meaning as in section	233
4723.01 of the Revised Code.	234

(V) "Tort action" means a civil action for damages for	235
injury, death, or loss to person or property, other than a civil	236
action for damages for a breach of contract or another agreement	237
between persons.	238

Sec. 2135.02. (A) An adult who has the capacity to consent to	239
mental health treatment decisions voluntarily may execute at any	240
time a declaration governing the use or continuation, or the	241
withholding or withdrawal, of mental health treatment. The	242
declaration shall be signed at the end by the declarant, state the	243
date of its execution, and either be witnessed or be acknowledged	244
in accordance with section 2135.06 of the Revised Code. The	245
declaration may include a designation by the declarant of a person	246
to act as a proxy to make decisions regarding mental health	247
treatment pursuant to the declaration, and, if the declaration	248
includes a designation of a proxy, the declaration shall be signed	249
at the end by the designated proxy. The declarant may also	250
specifically designate in the declaration an alternate proxy to	251
act in that role if the original proxy is unable or unwilling to	252
act at any time, and, if the declaration includes a designation of	253
an alternate proxy, the declaration shall be signed at the end by	254
the designated alternate proxy. The declarant may name in the	255
declaration a physician and assign the physician the primary	256
responsibility for the declarant's mental health treatment. The	257
declaration may include a specific authorization for the use or	258
continuation, or the withholding or withdrawal, of mental health	259
treatment.	260

(B) A mental health treatment provider or a health care	261
facility providing services to a declarant shall continue to	262
obtain the declarant's informed consent to all mental health	263
treatment decisions if the declarant has the capacity to consent	264
to mental health treatment decisions.	265

Sec. 2135.03. (A) A declaration for mental health treatment	266
remains valid and may become operative, as provided in section	267
2135.04 of the Revised Code, for three years after its execution	268
unless it is properly revoked. If the declaration becomes	269
operative, the authority of a proxy named in the declaration	270
continues in effect as long as the declaration designating the	271
proxy is in effect or until the proxy has withdrawn. If a	272
declaration for mental health treatment has become operative and	273
is in effect at the expiration of three years after its execution,	274
the declaration remains effective until the declarant has the	275
capacity to consent to mental health treatment decisions. If a	276
declaration for mental health treatment has not become operative	277
at the expiration of three years after its execution, the	278
declaration expires.	279

(B) A valid declaration may be revoked in accordance with	280
section 2135.09 of the Revised Code or renewed in accordance with	281
division (C) of this section, but it shall not otherwise be	282
altered or amended after it has been executed. A properly executed	283
declaration is not revoked or invalidated by an alteration of or	284
amendment to the declaration. Any alteration of or amendment to	285
the declaration is not a part of the declaration.	286

(C) A declarant may renew a declaration once, extending the	287
validity of the document for an additional three-year period from	288
the date of the renewed execution, by repeating the procedures set	289
forth in section 2135.06 of the Revised Code. A declarant shall	290
not make any changes to any term or provision of the declaration	291
when renewing under this division.	292

Sec. 2135.04. (A) A declaration becomes operative when both	293
of the following apply:	294

(1) The declaration is communicated to a mental health	295
treatment provider of the declarant.	296

(2) The designated physician or a psychiatrist, and one other	297
mental health treatment provider, who examine the declarant	298
determine that the declarant does not have the capacity to consent	299
to mental health treatment decisions. At least one of the two	300
persons who make this determination shall not currently be	301
involved in the declarant's treatment at the time of the	302
determination. If a designated physician is named in the	303
declaration and is not one of the two persons who make this	304
determination, then the psychiatrist who makes the determination	305
in lieu of the designated physician shall make a good faith effort	306
to consult with the designated physician as soon as practicable.	307

(B) A mental health treatment provider for a declarant or a	308
health care facility providing services to a declarant shall make	309
a declaration part of the declarant's medical record and shall	310
note in that record when the declaration is operative.	311

(C) A mental health treatment provider for a declarant or a	312
health care facility providing services to a declarant shall act	313
in accordance with an operative declaration of the declarant	314
consistent with reasonable medical practice, the availability of	315
treatments requested, and applicable law. The mental health	316
treatment provider or the health care facility shall continue to	317
act in accordance with an operative declaration until the	318
declarant has the capacity to consent to mental health treatment	319
decisions.	320

(D) An operative declaration of a declarant supersedes any	321
general consent to treatment form signed by the declarant prior	322
to, upon, or after the declarant's admission to a health care	323
facility to the extent there is a conflict between the declaration	324
and the form, even if the declarant signs the form after the	325
execution of the declaration. To the extent that the provisions of	326
a declarant's declaration and a general consent to treatment form	327
signed by the declarant do not conflict, both documents shall	328
govern the use or continuation, or the withholding or withdrawal,	329
of mental health treatment for the declarant. This division does	330
not apply if a declarant revokes a declaration after the declarant	331
signs a general consent to treatment form.	332

Sec. 2135.05. (A) A declaration may designate an adult to act	333
as a proxy to make decisions about the mental health treatment of	334
the declarant and may designate an adult as an alternate proxy as	335
described in section 2135.02 of the Revised Code. A proxy	336
designated to make decisions about mental health treatment may	337
make decisions about mental health treatment on behalf of the	338
declarant only when the declaration has become operative. The	339
decisions of the proxy regarding the mental health treatment of	340
the declarant must be consistent with desires the declarant has	341
expressed in the declaration.	342

(B) The following persons may not serve as a proxy for a	343
declarant:	344

(1) The declarant's mental health treatment provider, or an	345
employee of the declarant's mental health treatment provider;	346

(2) The owner, operator, or employee of a health care	347
facility in which the declarant is a patient receiving its	348
services or a resident.	349

(C) Divisions (B)(1) and (2) of this section do not apply if	350
the declarant and proxy are related by blood, marriage, or	351
adoption.	352

(D) A proxy may withdraw from a declaration prior to the	353
declaration becoming operative by giving notice to the declarant.	354
If the declaration is operative, a proxy may withdraw by giving	355
written notice to the declarant's mental health treatment provider	356
or the health care facility providing services to the declarant.	357
The mental health treatment provider or the health care facility	358
shall note the withdrawal of a proxy as part of the declarant's	359
medical record.	360

Sec. 2135.06. (A) A declaration for mental health treatment	361
is valid only if it is signed by the declarant, states the date of	362
its execution, and is either witnessed by two adults or	363
acknowledged before a notary public.	364

If a proxy, or a proxy and an alternate proxy, have been	365
designated in the declaration, then each proxy also shall sign the	366
declaration, and the signature of each proxy shall be either	367
witnessed by two adults or acknowledged before a notary public,	368
except that, notwithstanding these requirements, both of the	369
following apply:	370

(1) No declaration shall be invalid or be held invalid	371
because a proxy has not signed the declaration.	372

(2) If a proxy has not signed the declaration, or if the	373
signature of a proxy named in a valid declaration is not either	374
witnessed by two adults or acknowledged before a notary public,	375
then the designation of the proxy is invalid, but the declaration	376
is not invalid because of the absence of a witnessed or	377
acknowledged signature of a proxy.	378

(B) If witnessed for purposes of this section, a declaration	379
shall be witnessed by two individuals as described in this	380
division in whose presence the declarant and each designated proxy	381
signs the declaration. Each witness shall subscribe the witness'	382
signature after the signature of the declarant and, by doing so,	383
attest to the witness' belief that the declarant appears to be of	384
sound mind and not under or subject to duress, fraud, or undue	385
influence. The signatures of the declarant and any proxy under	386
this section and of the witnesses under this division are not	387
required to appear on the same page of the declaration.	388

(C) If acknowledged for purposes of this section, a	389
declaration shall be acknowledged before a notary public, who	390
shall make the certification described in section 147.53 of the	391
Revised Code and also shall attest that the declarant and each	392
designated proxy appear to be of sound mind and not under or	393
subject to duress, fraud, or undue influence.	394

(D) The following may not serve as a witness to the signing	395
of a declarant's declaration:	396

(1) The declarant's mental health treatment provider or a	397
relative or employee of the declarant's mental health treatment	398
provider;	399

(2) The owner, the operator, or a relative or employee of an	400
owner or operator of a health care facility in which the declarant	401
is a patient receiving its services or a resident;	402

(3) A person related to the declarant by blood, marriage, or	403
adoption;	404

(4) A person named as a proxy in the declarant's declaration.

405

Sec. 2135.07. (A) If a mental health treatment provider of a	406
declarant or a health care facility providing services to a	407
declarant is unwilling at any time to comply with the declarant's	408
declaration, the mental health treatment provider or health care	409
facility promptly shall notify the declarant and any proxy and	410
document the notification in the declarant's medical record. The	411
mental health treatment provider or health care facility that is	412
unwilling to comply with the declarant's declaration shall not	413
prevent or attempt to prevent, or unreasonably delay or attempt to	414
unreasonably delay, the transfer of the declarant to the care of a	415
mental health treatment provider or a health care facility that is	416
willing and able to comply or allow compliance with the	417
declarant's declaration.	418

(B) The mental health treatment provider of a declarant or a	419
health care facility providing services to a declarant may subject	420
the declarant to treatment in a manner contrary to the declarant's	421
expressed wishes only if either of the following applies:	422

(1) The declarant has been committed as a patient under	423
Chapter 2945. or 5122. of the Revised Code, and, if the court	424
knows of the declaration, the committing court acknowledges the	425
existence of the declaration and specifically orders treatment in	426
a manner contrary to the declaration.	427

(2) An emergency situation endangers the life or health of	428
the declarant or others.	429

Sec. 2135.08. (A) The proxy under a declaration is not, as a	430
result of acting in that capacity, personally liable for the cost	431
of treatment provided to the declarant. Except to the extent the	432
right is limited by the declaration or any federal law, a proxy	433
has the same right as the declarant to receive information	434
regarding the proposed mental health treatment of the declarant	435
and to receive, review, and consent to disclosure of the	436
declarant's medical records relating to that treatment. This right	437
of access does not waive any evidentiary privilege.	438

(B) In exercising authority under a declaration, the proxy	439
has a duty to act consistently with the desires of the declarant	440
as expressed in the declaration. If the declarant's desires are	441
not expressed in the declaration, the proxy has a duty to act in	442
what the proxy in good faith believes to be the best interests of	443
the declarant.	444

(C) A proxy is not subject to criminal prosecution, tort or	445
other civil liability for injury, death, or loss to person or	446
property, or professional disciplinary action for an action taken	447
in good faith under a declaration for mental health treatment.	448

Sec. 2135.09. (A) A declarant may revoke a declaration at any	449
time the declarant has the capacity to consent to mental health	450
treatment decisions. Any revocation of a declaration by a	451
declarant shall be in writing, signed by the declarant, and dated.	452
The revocation shall be effective upon its communication to the	453
mental health treatment provider of the declarant or the health	454
care facility providing services to the declarant. If the	455
declaration is operative, then the declarant may revoke the	456
declaration after a designated physician or a psychiatrist, and	457
one other mental health treatment provider, who examine the	458
declarant determine that the declarant has the capacity to consent	459
to mental health treatment decisions.	460

(B) Upon the declarant's revocation of a declaration, the	461
mental health treatment provider or the health care facility shall	462
make the revocation a part of the declarant's medical record.	463

(C) A valid declaration for mental health treatment revokes a	464
prior, valid declaration for mental health treatment.	465

(D) The probate judge of the county in which the declarant is	466
located may revoke a declaration if the judge appoints a guardian	467
for the declarant and specifically orders the revocation of the	468
declaration.	469

Sec. 2135.10. A mental health treatment provider of a	470
declarant, a health care facility providing services to a	471
declarant, or other authorized persons acting under the direction	472
of either a mental health treatment provider of a declarant or a	473
health care facility providing services to a declarant who	474
administer or do not administer mental health treatment according	475
to and in good faith reliance upon the validity of the declarant's	476
declaration are not subject to criminal prosecution, are not	477
liable in tort or other civil damages for injury, death, or loss	478
to person or property, and are not subject to professional	479
disciplinary action resulting from a subsequent finding of a	480
declaration's invalidity.	481

Sec. 2135.11. No person shall require an individual to	482
execute or to refrain from executing a declaration as a criterion	483
for insurance, as a condition for receiving mental health	484
treatment or health care, or as a condition of admission to or	485
discharge from a health care facility.	486

Sec. 2135.12. (A) A declaration executed in accordance with	488
this chapter shall not supersede a valid declaration governing the	489
use or continuation, or the withholding or withdrawal, of	490
life-sustaining treatment executed under Chapter 2133. of the	491
Revised Code.	492

(B) A declaration executed in accordance with this chapter	493
does not revoke a valid durable power of attorney for health care	494
created under Chapter 1337. of the Revised Code, but a declaration	495
so executed shall supersede the designation of an attorney in fact	496
made in a valid health care power of attorney under Chapter 1337.	497
of the Revised Code with respect to the mental health treatment of	498
the declarant. The designation of an attorney in fact in a valid	499
health care power of attorney under Chapter 1337. of the Revised	500
Code shall remain effective in all other respects.	501

Sec. 2135.13. (A) A person who opposes any decision arising	502
under this chapter may make an application opposing the decision	503
to the probate division of the court of common pleas of the county	504
in which the declarant is located or in which the declaration was	505
either witnessed or acknowledged as described in this chapter.	506

(B) If a declarant has not named any proxies in the	507
declaration, or if all the named proxies have withdrawn or are	508
unable or unwilling to act at a time when the declaration has	509
become operative, then the physician who has the primary	510
responsibility for treating the declarant may petition the probate	511
division of the court of common pleas of the county in which the	512
declarant is located to appoint a person to act as a proxy. If the	513
judge of the probate division of the court of common pleas finds	514
it to be in the best interest of the declarant, then the court	515
shall appoint a person to serve as a proxy for the declarant while	516
the declaration is effective. The person so appointed shall be a	517
person who is eligible to serve as a proxy as determined under	518
section 2135.05 of the Revised Code.	519

Sec. 2135.14. A printed form of a declaration may be sold or	520
otherwise distributed in this state for use by adults who are not	521
advised by an attorney. By use of a printed form of that nature, a	522
declarant may consent or refuse to consent to mental health	523
treatment and shall designate a proxy to make mental health	524
treatment decisions in accordance with this chapter. The printed	525
form shall not be used as an instrument for granting any other	526
type of authority or for making any other type of designation,	527
including those declarations that may be made under Chapter 2133.	528
of the Revised Code or designations made under Chapter 1337. of	529
the Revised Code.	530

Section 2. That existing sections 1337.11 and 1337.14 of the	531
Revised Code are hereby repealed.	532