As Reported by the Senate Judiciary--Civil Justice Committee

125th General Assembly Regular Session 2003-2004

Am. H. B. No. 72

Representatives Oelslager, C. Evans, Hartnett, Hollister, Miller, Olman, Seitz, Ujvagi, Latta, Book, Harwood, Core, Willamowski, Schlichter, Beatty, Allen, Aslanides, Barrett, Brown, Buehrer, Calvert, Carmichael, Cirelli, Collier, Daniels, DeBose, DePiero, Domenick, Driehaus, Flowers, Gibbs, Hagan, Hoops, Hughes, Jolivette, Kearns, Key, Kilbane, Koziura, Niehaus, S. Patton, T. Patton, Perry, Price, Redfern, Schmidt, Schneider, Setzer, Sferra, Skindell, J. Stewart, Taylor, Walcher, Widener, Widowfield, Woodard, Yates 

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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

2

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
The revocation shall be effective when the principal expresses his	127
an intention to so revoke, except that, if the principal made his	128
the principal's attending physician aware of the durable power of	129
attorney for health care, the revocation shall be effective upon	130
its communication to the attending physician by the principal	131
himself, a witness to the revocation, or other health care	132
personnel to whom the revocation is communicated by such a	133
witness. Absent actual knowledge to the contrary, the attending	134
physician of the principal and other health care personnel who are	135
informed of the revocation of a durable power of attorney for	136
health care by an alleged witness may rely on the information and	137
act in accordance with the revocation.	138

(B) Upon the communication as described in division (A) of	139
this section to the attending physician of a principal of the fact	140
that histhe principal's durable power of attorney for health care	141
has been revoked, the attending physician or other health care	142
personnel acting under the direction of the attending physician	143
shall make the fact a part of the principal's medical record.	144

(C) Unless the instrument provides otherwise, a valid durable	145
power of attorney for health care revokes a prior, valid durable	146
power of attorney for health care.	147

(D) Regardless of when the declaration is drafted, the	148
execution of a declaration for mental health treatment does not	149
revoke a valid durable power of attorney for health care. A	150
declaration for mental health treatment executed in accordance	151
with Chapter 2135. of the Revised Code supersedes a valid durable	152
power of attorney for health care with regard to mental health	153
treatment and the designation of a proxy to make decisions	154
regarding mental health treatment.	155

Sec. 2135.01. As used in sections 2135.01 to 2135.14 of the	156
Revised Code:	157

(A) "Adult" means a person who is eighteen years of age or	158
older.	159

(B) "Capacity to consent to mental health treatment	160
decisions" means the functional ability to understand information	161
about the risks of, benefits of, and alternatives to the proposed	162
mental health treatment, to rationally use that information, to	163
appreciate how that information applies to the declarant, and to	164
express a choice about the proposed treatment.	165

(C) "Declarant" means an adult who has executed a declaration	166
for mental health treatment in accordance with this chapter.	167

(D) "Declaration for mental health treatment" or	168
"declaration" means a written document declaring preferences or	169
instructions regarding mental health treatment executed in	170
accordance with this chapter.	171

(E) "Designated physician" means the physician the declarant	172
has named in a declaration for mental health treatment and has	173
assigned the primary responsibility for the declarant's mental	174
health treatment or, if the declarant has not so named a	175
physician, the physician who has accepted that responsibility.	176

(F) "Guardian" means a person appointed by a probate court	177
pursuant to Chapter 2111. of the Revised Code to have the care and	178
management of the person of an incompetent.	179

(G) "Health care" means any care, treatment, service, or	180
procedure to maintain, diagnose, or treat an individual's physical	181
or mental condition or physical or mental health.	182

(H) "Health care facility" has the same meaning as in section	183
1337.11 of the Revised Code.	184

(I) "Incompetent" has the same meaning as in section 2111.01	185
of the Revised Code.	186

(J) "Informed consent" means consent voluntarily given by a	187
person after a sufficient explanation and disclosure of the	188
subject matter involved to enable that person to have a general	189
understanding of the nature, purpose, and goal of the treatment or	190
procedures, including the substantial risks and hazards inherent	191
in the proposed treatment or procedures and any alternative	192
treatment or procedures, and to make a knowing health care	193
decision without coercion or undue influence.	194

(K) "Medical record" means any document or combination of	195
documents that pertains to a declarant's medical history,	196
diagnosis, prognosis, or medical condition and that is generated	197
and maintained in the process of the declarant's health care.	198

(L) "Mental health treatment" means any care, treatment,	199
service, or procedure to maintain, diagnose, or treat an	200
individual's mental condition or mental health, including, but not	201
limited to, electroconvulsive or other convulsive treatment,	202
treatment of mental illness with medication, and admission to and	203
retention in a health care facility.	204

(M) "Mental health treatment decision" means informed	205
consent, refusal to give informed consent, or withdrawal of	206
informed consent to mental health treatment.	207

(N) "Mental health treatment provider" means physicians,	208
physician assistants, psychologists, licensed independent social	209
workers, licensed professional clinical counselors, and	210
psychiatric nurses.	211

(O) "Physician" means a person who is authorized under	212
Chapter 4731. of the Revised Code to practice medicine and surgery	213
or osteopathic medicine and surgery.	214

(P) "Professional disciplinary action" means action taken by	215
the board or other entity that regulates the professional conduct	216
of health care personnel, including, but not limited to, the state	217
medical board, the state board of psychology, and the state board	218
of nursing.	219

(Q) "Proxy" means an adult designated to make mental health	220
treatment decisions for a declarant under a valid declaration for	221
mental health treatment.	222

(R) "Psychiatric nurse" means a registered nurse who holds a	223
master's degree or doctorate in nursing with a specialization in	224
psychiatric nursing.	225

(S) "Psychiatrist" has the same meaning as in section 5122.01	226
of the Revised Code.	227

(T) "Psychologist" has the same meaning as in section 4732.01	228
of the Revised Code.	229

(U) "Registered nurse" has the same meaning as in section	230
4723.01 of the Revised Code.	231

(V) "Tort action" means a civil action for damages for	232
injury, death, or loss to person or property, other than a civil	233
action for damages for a breach of contract or another agreement	234
between persons.	235

Sec. 2135.02. (A) An adult who has the capacity to consent to	236
mental health treatment decisions voluntarily may execute at any	237
time a declaration governing the use or continuation, or the	238
withholding or withdrawal, of mental health treatment. The	239
declaration shall be signed at the end by the declarant, state the	240
date of its execution, and either be witnessed or be acknowledged	241
in accordance with section 2135.06 of the Revised Code. The	242
declaration may include a designation by the declarant of a person	243
to act as a proxy to make decisions regarding mental health	244
treatment pursuant to the declaration, and, if the declaration	245
includes a designation of a proxy, the declaration shall be signed	246
at the end by the designated proxy. The declarant may also	247
specifically designate in the declaration an alternate proxy to	248
act in that role if the original proxy is unable or unwilling to	249
act at any time, and, if the declaration includes a designation of	250
an alternate proxy, the declaration shall be signed at the end by	251
the designated alternate proxy. The declarant may name in the	252
declaration a physician and assign the physician the primary	253
responsibility for the declarant's mental health treatment. The	254
declaration may include a specific authorization for the use or	255
continuation, or the withholding or withdrawal, of mental health	256
treatment.	257

(B) A mental health treatment provider or a health care	258
facility providing services to a declarant shall continue to	259
obtain the declarant's informed consent to all mental health	260
treatment decisions if the declarant has the capacity to consent	261
to mental health treatment decisions.	262

Sec. 2135.03. (A) Except as otherwise provided in this	263
division and subject to division (C) of this section, a	264
declaration for mental health treatment remains valid and	265
effective for three years after its execution unless it is	266
properly revoked. A declaration for mental health treatment may	267
become operative as provided in section 2135.04 of the Revised	268
Code. If the declaration becomes operative, the authority of a	269
proxy named in the declaration continues in effect as long as the	270
declaration designating the proxy is in effect or until the proxy	271
has withdrawn. If a declaration for mental health treatment has	272
become operative and is in effect at the expiration of three years	273
after its execution, the declaration remains effective until the	274
declarant has the capacity to consent to mental health treatment	275
decisions. If a declaration for mental health treatment has not	276
become operative at the expiration of three years after its	277
execution, the declaration may be renewed as provided in division	278
(C)(1) of this section or remains effective as provided in	279
division (C)(2) of this section.	280

(B) A valid declaration may be revoked in accordance with	281
section 2135.09 of the Revised Code or renewed in accordance with	282
division (C) (1) of this section, but it shall not otherwise be	283
altered or amended after it has been executed. A properly executed	284
declaration is not revoked or invalidated by an alteration of or	285
amendment to the declaration. Any alteration of or amendment to	286
the declaration is not a part of the declaration.	287

(C) (1) A declarant may renew a declaration once, extending	288
the validity of the document for an additional three-year period	289
from the date of the renewal, by repeating the procedures set	290
forth in section 2135.06 of the Revised Code, if the declarant has	291
included in the declaration a specific authorization for the use	292
or continuation, or the withholding or withdrawal, of mental	293
health treatment, and the declarant makes no change with respect	294
to that authorization. A declarant shall not make any changes to	295
any term or provision of the declaration when renewing under	296
division (C)(1) of this section.	297

(2) A declaration for mental health treatment that has not	298
become operative at the expiration of three years after its	299
execution remains effective if both of the following apply:	300

(a) The declaration designates a proxy or an alternate proxy.

301

(b) The declarant does not include in the declaration a	302
specific authorization for the use or continuation, or the	303
witholding or withdrawal, of mental health treatment.	304

Sec. 2135.04. (A) A declaration becomes operative when both	306
of the following apply:	307

(1) The declaration is communicated to a mental health	308
treatment provider of the declarant.	309

(2) The designated physician or a psychiatrist, and one other	310
mental health treatment provider, who examine the declarant	311
determine that the declarant does not have the capacity to consent	312
to mental health treatment decisions. At least one of the two	313
persons who make this determination shall not currently be	314
involved in the declarant's treatment at the time of the	315
determination. If a designated physician is named in the	316
declaration and is not one of the two persons who make this	317
determination, then the psychiatrist who makes the determination	318
in lieu of the designated physician shall make a good faith effort	319
to consult with the designated physician as soon as practicable.	320

(B) A mental health treatment provider for a declarant or a	321
health care facility providing services to a declarant shall make	322
a declaration part of the declarant's medical record and shall	323
note in that record when the declaration is operative.	324

(C) A mental health treatment provider for a declarant or a	325
health care facility providing services to a declarant shall act	326
in accordance with an operative declaration of the declarant	327
consistent with reasonable medical practice, the availability of	328
treatments requested, and applicable law. The mental health	329
treatment provider or the health care facility shall continue to	330
act in accordance with an operative declaration until the	331
declarant has the capacity to consent to mental health treatment	332
decisions.	333

(D) An operative declaration of a declarant supersedes any	334
general consent to treatment form signed by the declarant prior	335
to, upon, or after the declarant's admission to a health care	336
facility to the extent there is a conflict between the declaration	337
and the form, even if the declarant signs the form after the	338
execution of the declaration. To the extent that the provisions of	339
a declarant's declaration and a general consent to treatment form	340
signed by the declarant do not conflict, both documents shall	341
govern the use or continuation, or the withholding or withdrawal,	342
of mental health treatment for the declarant. This division does	343
not apply if a declarant revokes a declaration after the declarant	344
signs a general consent to treatment form.	345

Sec. 2135.05. (A) A declaration may designate an adult to act	346
as a proxy to make decisions about the mental health treatment of	347
the declarant and may designate an adult as an alternate proxy as	348
described in section 2135.02 of the Revised Code. A proxy	349
designated to make decisions about mental health treatment may	350
make decisions about mental health treatment on behalf of the	351
declarant only when the declaration has become operative. The	352
decisions of the proxy regarding the mental health treatment of	353
the declarant must be consistent with desires the declarant has	354
expressed in the declaration.	355

(B) The following persons may not serve as a proxy for a	356
declarant:	357

(1) The declarant's mental health treatment provider, or an	358
employee of the declarant's mental health treatment provider;	359

(2) The owner, operator, or employee of a health care	360
facility in which the declarant is a patient receiving its	361
services or a resident.	362

(C) Divisions (B)(1) and (2) of this section do not apply if	363
the declarant and proxy are related by blood, marriage, or	364
adoption.	365

(D) A proxy may withdraw from a declaration prior to the	366
declaration becoming operative by giving notice to the declarant.	367
If the declaration is operative, a proxy may withdraw by giving	368
written notice to the declarant's mental health treatment provider	369
or the health care facility providing services to the declarant.	370
The mental health treatment provider or the health care facility	371
shall note the withdrawal of a proxy as part of the declarant's	372
medical record.	373

Sec. 2135.06. (A) A declaration for mental health treatment	374
is valid only if it is signed by the declarant, states the date of	375
its execution, and is either witnessed by two adults or	376
acknowledged before a notary public.	377

If a proxy, or a proxy and an alternate proxy, have been	378
designated in the declaration, then each proxy also shall sign the	379
declaration, and the signature of each proxy shall be either	380
witnessed by two adults or acknowledged before a notary public,	381
except that, notwithstanding these requirements, both of the	382
following apply:	383

(1) No declaration shall be invalid or be held invalid	384
because a proxy has not signed the declaration.	385

(2) If a proxy has not signed the declaration, or if the	386
signature of a proxy named in a valid declaration is not either	387
witnessed by two adults or acknowledged before a notary public,	388
then the designation of the proxy is invalid, but the declaration	389
is not invalid because of the absence of a witnessed or	390
acknowledged signature of a proxy.	391

(B) If witnessed for purposes of this section, a declaration	392
shall be witnessed by two individuals as described in this	393
division in whose presence the declarant and each designated proxy	394
signs the declaration. Each witness shall subscribe the witness'	395
signature after the signature of the declarant and, by doing so,	396
attest to the witness' belief that the declarant appears to be of	397
sound mind and not under or subject to duress, fraud, or undue	398
influence. The signatures of the declarant and any proxy under	399
this section and of the witnesses under this division are not	400
required to appear on the same page of the declaration.	401

(C) If acknowledged for purposes of this section, a	402
declaration shall be acknowledged before a notary public, who	403
shall make the certification described in section 147.53 of the	404
Revised Code and also shall attest that the declarant and each	405
designated proxy appear to be of sound mind and not under or	406
subject to duress, fraud, or undue influence.	407

(D) The following may not serve as a witness to the signing	408
of a declarant's declaration:	409

(1) The declarant's mental health treatment provider or a	410
relative or employee of the declarant's mental health treatment	411
provider;	412

(2) The owner, the operator, or a relative or employee of an	413
owner or operator of a health care facility in which the declarant	414
is a patient receiving its services or a resident;	415

(3) A person related to the declarant by blood, marriage, or	416
adoption;	417

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

418

Sec. 2135.07. (A) If a mental health treatment provider of a	419
declarant or a health care facility providing services to a	420
declarant is unwilling at any time to comply with the declarant's	421
declaration, the mental health treatment provider or health care	422
facility promptly shall notify the declarant and any proxy and	423
document the notification in the declarant's medical record. The	424
mental health treatment provider or health care facility that is	425
unwilling to comply with the declarant's declaration shall not	426
prevent or attempt to prevent, or unreasonably delay or attempt to	427
unreasonably delay, the transfer of the declarant to the care of a	428
mental health treatment provider or a health care facility that is	429
willing and able to comply or allow compliance with the	430
declarant's declaration.	431

(B) The mental health treatment provider of a declarant or a	432
health care facility providing services to a declarant may subject	433
the declarant to treatment in a manner contrary to the declarant's	434
expressed wishes only if either of the following applies:	435

(1) The declarant has been committed as a patient under	436
Chapter 2945. or 5122. of the Revised Code, and, if the court	437
knows of the declaration, the committing court acknowledges the	438
existence of the declaration and specifically orders treatment in	439
a manner contrary to the declaration.	440

(2) An emergency situation endangers the life or health of	441
the declarant or others.	442

Sec. 2135.08. (A) The proxy under a declaration is not, as a	443
result of acting in that capacity, personally liable for the cost	444
of treatment provided to the declarant. Except to the extent the	445
right is limited by the declaration or any federal law, a proxy	446
has the same right as the declarant to receive information	447
regarding the proposed mental health treatment of the declarant	448
and to receive, review, and consent to disclosure of the	449
declarant's medical records relating to that treatment. This right	450
of access does not waive any evidentiary privilege.	451

(B) In exercising authority under a declaration, the proxy	452
has a duty to act consistently with the desires of the declarant	453
as expressed in the declaration. If the declarant's desires are	454
not expressed in the declaration, the proxy has a duty to act in	455
what the proxy in good faith believes to be the best interests of	456
the declarant.	457

(C) A proxy is not subject to criminal prosecution, tort or	458
other civil liability for injury, death, or loss to person or	459
property, or professional disciplinary action for an action taken	460
in good faith under a declaration for mental health treatment.	461

Sec. 2135.09. (A) A declarant may revoke a declaration at any	462
time the declarant has the capacity to consent to mental health	463
treatment decisions. Any revocation of a declaration by a	464
declarant shall be in writing, signed by the declarant, and dated.	465
The revocation shall be effective upon its communication to the	466
mental health treatment provider of the declarant or the health	467
care facility providing services to the declarant. If the	468
declaration is operative, then the declarant may revoke the	469
declaration after a designated physician or a psychiatrist, and	470
one other mental health treatment provider, who examine the	471
declarant determine that the declarant has the capacity to consent	472
to mental health treatment decisions.	473

(B) Upon the declarant's revocation of a declaration, the	474
mental health treatment provider or the health care facility shall	475
make the revocation a part of the declarant's medical record.	476

(C) A valid declaration for mental health treatment revokes a	477
prior, valid declaration for mental health treatment.	478

(D) The probate judge of the county in which the declarant is	479
located may revoke a declaration if the judge appoints a guardian	480
for the declarant and specifically orders the revocation of the	481
declaration.	482

Sec. 2135.10. A mental health treatment provider of a	483
declarant, a health care facility providing services to a	484
declarant, or other authorized persons acting under the direction	485
of either a mental health treatment provider of a declarant or a	486
health care facility providing services to a declarant who	487
administer or do not administer mental health treatment according	488
to and in good faith reliance upon the validity of the declarant's	489
declaration are not subject to criminal prosecution, are not	490
liable in tort or other civil damages for injury, death, or loss	491
to person or property, and are not subject to professional	492
disciplinary action resulting from a subsequent finding of a	493
declaration's invalidity.	494

Sec. 2135.11. No person shall require an individual to	495
execute or to refrain from executing a declaration as a criterion	496
for insurance, as a condition for receiving mental health	497
treatment or health care, or as a condition of admission to or	498
discharge from a health care facility.	499

Sec. 2135.12. (A) A declaration executed in accordance with	501
this chapter shall not supersede a valid declaration governing the	502
use or continuation, or the withholding or withdrawal, of	503
life-sustaining treatment executed under Chapter 2133. of the	504
Revised Code.	505

(B) A declaration executed in accordance with this chapter	506
does not revoke a valid durable power of attorney for health care	507
created under Chapter 1337. of the Revised Code, but a declaration	508
so executed shall supersede the designation of an attorney in fact	509
made in a valid health care power of attorney under Chapter 1337.	510
of the Revised Code with respect to the mental health treatment of	511
the declarant. The designation of an attorney in fact in a valid	512
health care power of attorney under Chapter 1337. of the Revised	513
Code shall remain effective in all other respects.	514

Sec. 2135.13. (A) A person who opposes any decision arising	515
under this chapter may make an application opposing the decision	516
to the probate division of the court of common pleas of the county	517
in which the declarant is located or in which the declaration was	518
either witnessed or acknowledged as described in this chapter.	519

(B) If a declarant has not named any proxies in the	520
declaration, or if all the named proxies have withdrawn or are	521
unable or unwilling to act at a time when the declaration has	522
become operative, then the physician who has the primary	523
responsibility for treating the declarant may petition the probate	524
division of the court of common pleas of the county in which the	525
declarant is located to appoint a person to act as a proxy. If the	526
judge of the probate division of the court of common pleas finds	527
it to be in the best interest of the declarant, then the court	528
shall appoint a person to serve as a proxy for the declarant while	529
the declaration is effective. The person so appointed shall be a	530
person who is eligible to serve as a proxy as determined under	531
section 2135.05 of the Revised Code.	532

Sec. 2135.14. A printed form of a declaration may be sold or	533
otherwise distributed in this state for use by adults who are not	534
advised by an attorney. By use of a printed form of that nature, a	535
declarant may consent or refuse to consent to mental health	536
treatment and may designate a proxy to make mental health	537
treatment decisions in accordance with this chapter. The printed	538
form shall not be used as an instrument for granting any other	539
type of authority or for making any other type of designation,	540
including those declarations that may be made under Chapter 2133.	541
of the Revised Code or designations made under Chapter 1337. of	542
the Revised Code.	543

Section 2. That existing sections 1337.11 and 1337.14 of the	544
Revised Code are hereby repealed.	545