H. B. No. 529 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 529

Representative Wachtmann

Cosponsors: Representatives Goodwin, Gardner, Wagner, Sears, Combs, Uecker, Flowers, McGregor, J., Evans, Zehringer, McGregor, R., Hite, Strahorn, Stebelton, Mecklenborg

A BILL

To amend sections 124.04, 313.13, 313.23, 313.30,

2105.35, 2108.09, 2108.11, 2108.15, 2108.17,

2108.18, 2108.19, 2108.20, 2108.21, 2108.30,

2108.78, 2108.99, 2133.07, 2133.16, 3301.07,

4501.024, 4503.721, 4506.07, 4506.081, 4506.11,

4507.06, 4507.231, 4507.501, 4507.51, 4508.021,

and 4717.17, to amend, for the purpose of adopting

new section numbers as indicated in parentheses,

sections 2108.09 (2108.02), 2108.11 (2108.30),

2108.15 (2108.34), 2108.17 (2108.35), 2108.18

(2108.23), 2108.19 (2108.32), 2108.20 (2108.33),

2108.21 (2108.31), and 2108.30 (2108.40), to enact

new sections 2108.01, 2108.03, 2108.04, 2108.05,

2108.06, 2108.07, 2108.08, 2108.09, 2108.10,

2108.11, 2108.12, 2108.15, 2108.17, 2108.18,

2108.19, 2108.20, and 2108.21, and sections

2108.13, 2108.14, 2108.16, 2108.22, 2108.23,

2108.24, 2108.25, 2108.26, 2108.27, and 2108.28

and to repeal sections 2108.01, 2108.02,

2108.021, 2108.03, 2108.04, 2108.05, 2108.06,

2108.07, 2108.071, 2108.08, 2108.10, 2108.101,

2108.12, 2108.53, and 2108.60 of the Revised Code

to adopt the Revised Uniform Anatomical Gift Act.

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

Section 1. That sections 124.04, 313.13, 313.23, 313.30,	24
2105.35, 2108.09, 2108.11, 2108.15, 2108.17, 2108.18, 2108.19,	25
2108.20, 2108.21, 2108.30, 2108.78, 2108.99, 2133.07, 2133.16,	26
3301.07, 4501.024, 4503.721, 4506.07, 4506.081, 4506.11, 4507.06,	27
4507.231, 4507.501, 4507.51, 4508.021, and 4717.17 be amended,	28
sections 2108.09 (2108.02), 2108.11 (2108.30), 2108.15 (2108.34),	29
2108.17 (2108.35), 2108.18 (2108.23), 2108.19 (2108.32), 2108.20	30
(2108.33), 2108.21 (2108.31), and 2108.30 (2108.40) be amended for	31
the purpose of adopting new section numbers as indicated in	32
parentheses, and new sections 2108.01, 2108.03, 2108.04, 2108.05,	33
2108.06, 2108.07, 2108.08, 2108.09, 2108.10, 2108.11, 2108.12,	34
2108.15, 2108.17, 2108.18, 2108.19, 2108.20, and 2108.21, and	35
sections 2108.13, 2108.14, 2108.16, 2108.22, 2108.23, 2108.24,	36
2108.25, 2108.26, 2108.27, and 2108.28 of the Revised Code be	37
enacted to read as follows:	38

Sec. 124.04. In addition to those powers enumerated in	39
Chapters 123. and 125. of the Revised Code and as provided	40
elsewhere by law, the powers, duties, and functions of the	41
department of administrative services not specifically vested in	42
and assigned to, or to be performed by, the state personnel board	43
of review are hereby vested in and assigned to, and shall be	44
performed by, the director of administrative services. These	45
powers, duties, and functions shall include, but shall not be	46
limited to, the following powers, duties, and functions:	47

(A) To prepare, conduct, and grade all competitive	48
examinations for positions in the classified state service;	49

(B) To prepare, conduct, and grade all noncompetitive	50
examinations for positions in the classified state service;	51

(C) To prepare eligible lists containing the names of persons	52
qualified for appointment to positions in the classified state	53
service;	54

(D) To prepare or amend, in accordance with section 124.14 of	55
the Revised Code, specifications descriptive of duties,	56
responsibilities, requirements, and desirable qualifications of	57
the various classifications of positions in the state service;	58

(E) To allocate and reallocate, upon the motion of the	59
director or upon request of an appointing authority and in	60
accordance with section 124.14 of the Revised Code, any position,	61
office, or employment in the state service to the appropriate	62
classification on the basis of the duties, responsibilities,	63
requirements, and qualifications of that position, office, or	64
employment;	65

(F) To develop and conduct personnel recruitment services for	66
positions in the state service;	67

(G) To conduct research on specifications, classifications,	68
and salaries of positions in the state service;	69

(H) To develop and conduct personnel training programs,	70
including supervisory training programs and best practices plans,	71
and to develop merit hiring processes, in cooperation with	72
appointing authorities;	73

(I) To include periodically in communications sent to state	74
employees both of the following:	75

(1) Information developed under section ~~2108.15~~2108.34 of	76
the Revised Code promoting the donation of anatomical gifts under	77
Chapter 2108. of the Revised Code;	78

(2) Information about the liver or kidney donor and bone	79
marrow donor leave granted under section 124.139 of the Revised	80
Code.	81

(J) To enter into agreements with universities and colleges	82
for in-service training of officers and employees in the civil	83
service and to assist appointing authorities in recruiting	84
qualified applicants;	85

(K) To appoint examiners, inspectors, clerks, and other	86
assistants necessary in the exercise of the powers and performance	87
of the duties and functions which the director is by law	88
authorized and required to exercise and perform, and to prescribe	89
the duties of all of those employees;	90

(L) To maintain a journal, which shall be open to public	91
inspection, in which the director shall keep a record of the	92
director's final decision pertaining to the classification or	93
reclassification of positions in the classified civil service of	94
the state and assignment or reassignment of employees in the	95
classified civil service of the state to specific position	96
classifications;	97

(M) To delegate any of the powers, functions, or duties	98
granted or assigned to the director under this chapter to any	99
other state agency of this state as the director considers	100
necessary;	101

(N) To delegate any of the powers, functions, or duties	102
granted or assigned to the director under this chapter to any	103
political subdivision with the concurrence of the legislative	104
authority of the political subdivision.	105

Sec. 313.13. (A) The coroner, any deputy coroner, an	106
investigator appointed pursuant to section 313.05 of the Revised	107
Code, or any other person the coroner designates as having the	108
authority to act under this section may go to the dead body and	109
take charge of it. Whether and when an autopsy is performed shall	110
be determined under sections 313.121 and 313.131 of the Revised	111
Code. If an autopsy is performed by the coroner, deputy coroner,	112
or pathologists, a detailed description of the observations	113
written during the progress of such autopsy, or as soon after such	114
autopsy as reasonably possible, and the conclusions drawn from the	115
observations shall be filed in the office of the coroner.	116

If hethe coroner takes charge of and decides to perform, or	117
performs, an autopsy on a dead body under section 313.121 or	118
313.131 of the Revised Code, ~~the coroner, or in his absence, any~~	119
~~deputy coroner, under division (E) of section 2108.02~~sections	120
2108.25 and 2108.26 of the Revised Code~~, may waive his paramount~~	121
~~right to any donated part of~~control the recovery of anatomical	122
gifts from the dead body.	123

(B) If the office of the coroner is notified that a person	124
who was the operator of a motor vehicle that was involved in an	125
accident or crash was killed in the accident or crash or died as a	126
result of injuries suffered in it, the coroner, deputy coroner, or	127
pathologist shall go to the dead body and take charge of it and	128
administer a chemical test to the blood of the deceased person to	129
determine the alcohol, drug, or alcohol and drug content of the	130
blood. This division does not authorize the coroner, deputy	131
coroner, or pathologist to perform an autopsy, and does not affect	132
and shall not be construed as affecting the provisions of section	133
313.131 of the Revised Code that govern the determination of	134
whether and when an autopsy is to be performed.	135

Sec. 313.23. (A) As used in this section:

136

(1) "Interested person" means an employee of the coroner's	137
office, a physician, dentist, nurse, professor at a medical	138
school, medical student, medical resident, nursing student, an	139
employee of a ~~recovery agency~~procurement organization, a member	140
of a law enforcement agency, or any other person the coroner, in	141
the coroner's discretion, determines is appropriate.	142

(2) "~~Recovery agency~~Procurement organization" has the same	143
meaning as in section 2108.01 of the Revised Code.	144

(B) The coroner may allow an interested person to view an	145
autopsy of a decedent without the interested person receiving	146
permission to view the decedent's autopsy from the decedent's next	147
of kin.	148

(C) No person who is under eighteen years of age and who is	149
not an interested person may view an autopsy.	150

Sec. 313.30. ~~A coroner may designate in writing an eye bank,~~	151
~~tissue bank, or both with which the coroner will cooperate~~	152
~~concerning retrieval of usable eyes and tissues that have been~~	153
~~donated.~~	154

~~An eye or tissue bank designated under this section has the~~	155
~~property right specified in section 2108.02 of the Revised Code.~~	156

A coroner acting in good faith is not liable in damages for	157
injury resulting from acting or attempting to act in accordance	158
with ~~the donor's declaration under section 2108.04~~sections	159
2108.01 to 2108.28 of the Revised Code ofregarding an anatomical	160
gift.	161

Sec. 2105.35. (A)(1) A person is dead if the person has been	162
determined to be dead pursuant to standards established under	163
section ~~2108.30~~2108.40 of the Revised Code.	164

(2) A physician who makes a determination of death in	165
accordance with section ~~2108.30~~2108.40 of the Revised Code and	166
any person who acts in good faith in reliance on a determination	167
of death made by a physician in accordance with that section is	168
entitled to the immunity conveyed by that section.	169

(B) A certified or authenticated copy of a death certificate	170
purporting to be issued by an official or agency of the place	171
where the death of a person purportedly occurred is prima-facie	172
evidence of the fact, place, date, and time of the person's death	173
and the identity of the decedent.	174

(C) A certified or authenticated copy of any record or report	175
of a domestic or foreign governmental agency that a person is	176
missing, detained, dead, or alive is prima-facie evidence of the	177
status and of the dates, circumstances, and places disclosed by	178
the record or report.	179

(D) In the absence of prima-facie evidence of death under	180
division (B) or (C) of this section, the fact of death may be	181
established by clear and convincing evidence, including	182
circumstantial evidence.	183

(E) Except as provided in division (F) of this section, a	184
presumption of the death of a person arises:	185

(1) When the person has disappeared and been continuously	186
absent from the person's place of last domicile for a five-year	187
period without being heard from during the period;	188

(2) When the person has disappeared and been continuously	189
absent from the person's place of last domicile without being	190
heard from and was at the beginning of the person's absence	191
exposed to a specific peril of death, even though the absence has	192
continued for less than a five-year period.	193

(F) When a person who is on active duty in the armed services	194
of the United States has been officially determined to be absent	195
in a status of "missing" or "missing in action," a presumption of	196
death arises when the head of the federal department concerned has	197
made a finding of death pursuant to the "Federal Missing Persons	198
Act," 80 Stat. 625 (1966), 37 U.S.C.A. 551, as amended.	199

(G) In the absence of evidence disputing the time of death	200
stipulated on a document described in division (B) or (C) of this	201
section, a document described in either of those divisions that	202
stipulates a time of death one hundred twenty hours or more after	203
the time of death of another person, however the time of death of	204
the other person is determined, establishes by clear and	205
convincing evidence that the person survived the other person by	206
one hundred twenty hours.	207

(H) The provisions of divisions (A) to (G) of this section	208
are in addition to any other provisions of the Revised Code, the	209
Rules of Criminal Procedure, or the Rules of Evidence that pertain	210
to the determination of death and status of a person.	211

Sec. 2108.01. As used in sections 2108.02 to 2108.35 of the	212
Revised Code:	213

(A) "Adult" means an individual who is at least eighteen	214
years of age.	215

(B) "Agent" means an individual who is either of the	216
following:	217

(1) The prinicipal's attorney in fact under a durable power	218
of attorney for health care;	219

(2) Expressly authorized to make an anatomical gift on the	220
principal's behalf by any other record signed by the principal.	221

(C) "Anatomical gift" means a donation of all or part of a	222
human body to take effect after the donor's death for the purpose	223
of transplantation, therapy, research, or education.	224

(D) "Decedent" means a deceased individual whose body or part	225
is or may be the source of an anatomical gift. The term includes a	226
stillborn infant and, subject to restrictions imposed by law other	227
than sections 2108.01 to 2108.28 of the Revised Code, a fetus.	228

(E) "Disinterested witness" means a witness other than a	229
spouse, child, parent, sibling, grandchild, grandparent, or	230
guardian of the individual who makes, amends, revokes, or refuses	231
to make an anatomical gift, or another adult who exhibited special	232
care and concern for the individual. "Disinterested witness" does	233
not include a person to which an anatomical gift could pass under	234
section 2108.11 of the Revised Code.	235

(F) "Document of gift" means a donor card or other record	236
used to make an anatomical gift. "Document of gift" includes a	237
statement or symbol on a driver's license or identification card	238
or in the donor registry.	239

(G) "Donor" means an individual whose body or part is the	240
subject of an anatomical gift.	241

(H) "Donor registry" means a database that contains records	242
of anatomical gifts and amendments to or revocations of anatomical	243
gifts.	244

(I) "Driver's license" means a license or permit issued by	245
the registrar of motor vehicles, or a deputy registrar, to operate	246
a vehicle, whether or not conditions are attached to the license	247
or permit and includes a driver's license, commercial driver's	248
license, and a motorcycle operator's license or endorsement.	249

(J) "Durable power of attorney for health care" means a	250
document created pursuant to sections 1337.11 to 1337.17 of the	251
Revised Code.	252

(K) "Eye bank" means a person conducting operations in this	253
state that is licensed, accredited, or regulated under federal or	254
state law to engage in the recovery, screening, testing,	255
processing, storage, or distribution of human eyes or portions of	256
human eyes.	257

(L) "Guardian" means a person appointed by a court to make	258
decisions regarding the support, care, education, health, or	259
welfare of an individual. "Guardian" does not include a guardian	260
ad litem.	261

(M) "Hospital" has the same meaning as in section 3727.01 of	262
the Revised Code.	263

(N) "Identification card" means an identification card issued	264
by the registrar of motor vehicles or a deputy registrar.	265

(O) "Know" means to have actual knowledge.

266

(P) "Minor" means an individual who is under eighteen years	267
of age.	268

(Q) "Organ procurement organization" means a person	269
conducting operations in this state that is designated by the	270
secretary of the United States department of health and human	271
services as an organ procurement organization.	272

(R) "Parent" means a parent whose parental rights have not	273
been terminated.	274

(S) "Part" means an organ, an eye, or tissue of a human	275
being. "Part" does not include the whole body.	276

(T) "Person" means an individual, corporation, business	277
trust, estate, trust, partnership, limited liability company,	278
association, joint venture, public corporation, government or	279
governmental subdivision, agency, or instrumentality, or any other	280
legal or commercial entity.	281

(U) "Physician" means an individual authorized under Chapter	282
4731. of the Revised Code to practice medicine and surgery,	283
osteopathic medicine and surgery, or podiatric medicine and	284
surgery, or an individual authorized under the laws of any other	285
state to practice medicine and surgery, osteopathic medicine and	286
surgery, or podiatric medicine and surgery.	287

(V) "Procurement organization" means an eye bank, organ	288
procurement organization, or tissue bank.	289

(W) "Prospective donor" means an individual who is dead or	290
near death and has been determined by a procurement organization	291
to have a part that could be medically suitable for	292
transplantation, therapy, research, or education. "Prospective	293
donor" does not include an individual who has made a refusal.	294

(X) "Reasonably available" means able to be contacted by a	295
procurement organization without undue effort and willing and able	296
to act in a timely manner consistent with existing medical	297
criteria necessary for the making of an anatomical gift.	298

(Y) "Recipient" means an individual into whose body a	299
decedent's part has been or is intended to be transplanted.	300

(Z) "Record" means information that is inscribed on a	301
tangible medium or that is stored in an electronic or other medium	302
and is retrievable in perceivable form.	303

(AA) "Refusal" means a record created under section 2108.07	304
of the Revised Code that expressly states an intent to bar other	305
persons from making an anatomical gift of an individual's body or	306
part.	307

(BB) "Sign" means to do either of the following with the	308
present intent to authenticate or adopt a record:	309

(1) Execute or adopt a tangible symbol;

310

(2) Attach to or logically associate with the record an	311
electronic symbol, sound, or process.	312

(CC) "Technician" means an individual determined to be	313
qualified to remove or process parts by an appropriate	314
organization that is licensed, accredited, or regulated under	315
federal or state law. "Technician" includes an enucleator and an	316
embalmer licensed pursuant to Chapter 4717. of the Revised Code	317
who has completed a course in eye enucleation and has received a	318
certificate of competency to that effect from a school of medicine	319
recognized by the state medical board or from an eye bank that is	320
a member of the eye bank association of America.	321

(DD) "Tissue" means a portion of the human body other than an	322
organ or an eye. "Tissue" does not include blood unless the blood	323
is donated for the purpose of research or education.	324

(EE) "Tissue bank" means a person conducting operations in	325
this state that is licensed, accredited, or regulated under	326
federal or state law to engage in the recovery, screening,	327
testing, processing, storage, or distribution of tissue.	328

(FF) "Transplant hospital" means a hospital that furnishes	329
organ transplants and other medical and surgical specialty	330
services required for the care of transplant patients.	331

~~Sec. 2108.09.~~ Sec. 2108.02. Sections 2108.01 to ~~2108.09,~~	332
~~inclusive,~~2108.28 of the Revised Code, are enacted to adopt the	333
Revised Uniform Anatomical Gift Act ~~(1968)~~(2006), national	334
conference of commissioners on uniform state laws~~, and shall be~~	335
~~construed so as to effectuate its general purpose to make uniform~~	336
~~the law of those states which enact it~~.	337

Sec. 2108.03. Sections 2108.01 to 2108.28 of the Revised	338
Code apply to an anatomical gift or amendment to, revocation of,	339
or refusal to make an anatomical gift, whenever made.	340

Sec. 2108.04. Subject to section 2108.08 of the Revised	341
Code, an anatomical gift of a donor's body or part may be made	342
during the life of the donor for the purpose of transplantation,	343
therapy, research, or education in the manner provided in section	344
2108.05 of the Revised Code by any of the following:	345

(A) The donor, if the donor is an adult or if the donor is a	346
minor and either of the following apply:	347

(1) The donor is emancipated.

348

(2) The donor is authorized under state law to apply for a	349
driver's license because the donor is at least fifteen years and	350
six months of age.	351

(B) An agent of the donor, unless the durable power of	352
attorney for health care or other record prohibits the agent from	353
making an anatomical gift;	354

(C) A parent of the donor, if the donor is an unemancipated	355
minor;	356

(D) The donor's guardian.

357

Sec. 2108.05. (A) A donor may make an anatomical gift by	358
doing any of the following:	359

(1) Authorizing a statement or symbol to be imprinted on the	360
donor's driver's license or identification card indicating that	361
the donor has certified a willingness to make an anatomical gift;	362

(2) Specifying in the donor's will an intent to make an	363
anatomical gift;	364

(3) Specifying an intent to make an anatomical gift in the	365
donor's declaration as described in section 2133.16 of the Revised	366
Code;	367

(4) During a terminal illness or injury of the donor,	368
communicating in any manner to a minimum of two adults, at least	369
one of whom is a disinterested witness, that the donor intends to	370
make an anatomical gift;	371

(5) Following the procedure in division (B) of this section.

372

(B) A donor or other person authorized to make an anatomical	373
gift under section 2108.04 of the Revised Code may make a gift by	374
a donor card or other record signed by the donor or other person	375
making the gift or by authorizing that a statement or symbol	376
indicating that the donor has certified a willingness to make an	377
anatomical gift be included in a donor registry. If the donor or	378
other person is physically unable to sign a record, the record	379
may be signed by another individual at the direction of the donor	380
or other person and shall do both of the following:	381

(1) Be witnessed by at least two adults, at least one of whom	382
is a disinterested witness, who have signed at the request of the	383
donor or the other person;	384

(2) State that it has been signed and witnessed as provided	385
in division (B)(1) of this section.	386

(C) Revocation, suspension, expiration, or cancellation of a	387
driver's license or identification card upon which an anatomical	388
gift is indicated does not invalidate the gift.	389

(D) An anatomical gift made by will takes effect on the	390
donor's death whether or not the will is probated. Invalidation of	391
the will after the donor's death does not invalidate the gift.	392

Sec. 2108.06. (A) Subject to section 2108.08 of the Revised	393
Code, an anatomical gift made under section 2108.04 of the Revised	394
Code may be amended by any of the following means:	395

(1) By a record signed by the donor or other person	396
authorized to make an anatomical gift under section 2108.04 of the	397
Revised Code;	398

(2) Subject to division (C) of this section, by a record	399
signed by another individual acting at the direction of the donor	400
or other person authorized to make an anatomical gift under	401
section 2108.04 of the Revised Code if the donor or other person	402
is physically unable to sign;	403

(3) By a later-executed document of gift that amends a	404
previous anatomical gift or portion of an anatomical gift, either	405
expressly or by inconsistency;	406

(4) If not made in a will, by any form of communication	407
during a terminal illness or injury addressed to at least two	408
adults, at least one of whom is a disinterested witness;	409

(5) If made in a will, by the manner provided for amendment	410
of wills;	411

(6) By a parent who is reasonably available, if the donor is	412
an unemancipated minor who has died.	413

(B) Subject to section 2108.08 of the Revised Code, an	414
anatomical gift made under section 2108.04 of the Revised Code may	415
be revoked by any of the following means:	416

(1) By a record signed by the donor or other person	417
authorized to make an anatomical gift under section 2108.04 of the	418
Revised Code;	419

(2) Subject to division (C) of this section, by a record	420
signed by another individual acting at the direction of the donor	421
or other person authorized to make an anatomical gift under	422
section 2108.04 of the Revised Code if the donor or other person	423
is physically unable to sign;	424

(3) By a later-executed document of gift that revokes a	425
previous anatomical gift or portion of an anatomical gift, either	426
expressly or by inconsistency;	427

(4) If not made in a will, by any form of communication	428
during a terminal illness or injury addressed to at least two	429
adults, at least one of whom is a disinterested witness;	430

(5) If made in a will, by the manner provided for revocation	431
of wills;	432

(6) By a parent who is reasonably available, if the donor is	433
an unemancipated minor who has died;	434

(7) By the destruction or cancellation of the document of	435
gift, or the portion of the document of gift, used to make the	436
gift, with the intent to revoke the gift.	437

(C) A record signed pursuant to division (A)(2) or (B)(2) of	438
this section shall do both of the following:	439

(1) Be witnessed by a minimum of two adults, at least one of	440
whom is a disinterested witness, who have signed at the request of	441
the donor or other person;	442

(2) State that it has been signed and witnessed as provided	443
in division (C)(1) of this section.	444

Sec. 2108.07. (A) An individual may refuse to make an	445
anatomical gift of the individual's body or part by doing any of	446
the following:	447

(1) Indicating a refusal in a record signed by either of the	448
following:	449

(a) The individual;

450

(b) Subject to division (B) of this section, another	451
individual acting at the direction of the individual, if the	452
individual is physically unable to sign.	453

(2) Indicating a refusal in the individual's will, whether or	454
not the will is admitted to probate or invalidated after the	455
individual's death;	456

(3) Indicating a refusal by any form of communication made by	457
the individual during the individual's terminal illness or injury	458
addressed to a minimum of two adults, at least one of whom is a	459
disinterested witness.	460

(B) A record signed pursuant to division (A)(1)(b) of this	461
section shall do both of the following:	462

(1) Be witnessed by at least two adults, at least one of whom	463
is a disinterested witness, who have signed at the request of the	464
individual;	465

(2) State that it has been signed and witnessed as provided	466
in division (B)(1) of this section.	467

(C) An individual who has made a refusal may amend or revoke	468
the refusal by doing any of the following:	469

(1) Amending or revoking the refusal in the manner provided	470
in division (A) of this section for making a refusal;	471

(2) Subsequently making an anatomical gift pursuant to	472
section 2108.05 of the Revised Code that is inconsistent with the	473
refusal;	474

(3) Destroying or canceling the record evidencing the	475
refusal, or the portion of the record used to make the refusal,	476
with the intent to revoke the refusal.	477

(D) Except as provided in division (E) of this section, in	478
the absence of an express, contrary indication by the individual	479
set forth in the refusal, an individual's unrevoked refusal to	480
make an anatomical gift of the individual's body or part bars all	481
other persons from making an anatomical gift of the individual's	482
body or part.	483

(E) The parent of a deceased unemancipated minor who is	484
reasonably available may revoke a refusal made by the minor.	485

Sec. 2108.08. (A) Subject to division (F) of this section,	486
in the absence of an express, contrary indication by the donor, a	487
person other than the donor shall be barred from making, amending,	488
or revoking an anatomical gift of a donor's body or part if the	489
donor made an anatomical gift of the donor's body or part under	490
section 2108.05 of the Revised Code or an amendment to an	491
anatomical gift of the donor's body or part under section 2108.06	492
of the Revised Code.	493

(B) A donor's revocation of an anatomical gift of the donor's	494
body or part under section 2108.06 of the Revised Code is not a	495
refusal and shall not bar another person specified in section	496
2108.04 or 2108.09 of the Revised Code from making an anatomical	497
gift of the donor's body or part under section 2108.05 or 2108.10	498
of the Revised Code.	499

(C) If a person other than the donor makes an unrevoked	500
anatomical gift of the donor's body or part under section 2108.05	501
of the Revised Code or an amendment to an anatomical gift of the	502
donor's body or part under section 2108.06 of the Revised Code,	503
another person shall not make, amend, or revoke the gift of the	504
donor's body or part under section 2108.10 of the Revised Code.	505

(D) A revocation of an anatomical gift of a donor's body or	506
part under section 2108.06 of the Revised Code by a person other	507
than the donor shall not bar another person from making an	508
anatomical gift of the body or part under section 2108.05 or	509
2108.10 of the Revised Code.	510

(E) In the absence of an express, contrary indication by the	511
donor or other person authorized to make an anatomical gift under	512
section 2108.04 of the Revised Code, an anatomical gift of a part	513
is neither a refusal to give another part nor a limitation on the	514
making of an anatomical gift of another part at a later time by	515
the donor or another person.	516

(F) In the absence of an express, contrary indication by the	517
donor or other person authorized to make an anatomical gift under	518
section 2108.04 of the Revised Code, an anatomical gift of a part	519
for one or more of the purposes set forth in section 2108.04 of	520
the Revised Code shall not be a limitation on the making of an	521
anatomical gift of the part for any of the other purposes by the	522
donor or other person under section 2108.05 or 2108.10 of the	523
Revised Code.	524

Sec. 2108.09. (A) Subject to divisions (B) and (C) of this	525
section, and unless barred by section 2108.07 or 2108.08 of the	526
Revised Code, an anatomical gift of a decedent's body or part for	527
purpose of transplantation, therapy, research, or education may be	528
made in the manner provided for under section 2108.10 of the	529
Revised Code by any member of the following classes of persons who	530
is reasonably available, in the following order of priority:	531

(1) An agent of the decedent at the time of death who could	532
have made an anatomical gift under division (B) of section 2108.04	533
of the Revised Code immediately before the decedent's death;	534

(2) The decedent's surviving spouse;

535

(3) The decedent's surviving adult children;

536

(4) The decedent's surviving parent or parents;

537

(5) The decedent's surviving adult siblings;

538

(6) The decedent's surviving adult grandchildren;

539

(7) The decedent's surviving grandparent or grandparents;

540

(8) A surviving adult who exhibited special care and concern	541
for the decedent;	542

(9) The persons who were acting as the guardians of the	543
person of the decedent at the time of death;	544

(10) The persons, other than those in divisions (A)(1) to	545
(9) of this section, to whom the right of disposition for the	546
decendent's body has been assigned pursuant to section 2108.70 of	547
the Revised Code or who have the right of disposition for the	548
decedent's body as described in section 2108.81 of the Revised	549
Code.	550

(B) If there is more than one member of a class listed in	551
division (A)(1), (3), (4), (5), (6), (7), or (9) of this section	552
entitled to make an anatomical gift, an anatomical gift may be	553
made by a single member of the class unless that member or a	554
person to which the gift may pass under section 2108.11 of the	555
Revised Code knows of an objection by another member of the	556
class. If an objection is known, the gift may be made only by a	557
majority of the members of the class who are reasonably	558
available.	559

(C) A person shall not make an anatomical gift if, at the	560
time of the decedent's death, a person in a prior class under	561
division (A) of this section is reasonably available to make or	562
object to the making of an anatomical gift.	563

Sec. 2108.10. (A) A person authorized to make an anatomical	564
gift under section 2108.09 of the Revised Code may make an	565
anatomical gift by a document of gift signed by the person making	566
the gift or by that person's oral communication that is	567
electronically recorded or is contemporaneously reduced to a	568
record and signed by the individual receiving the oral	569
communication.	570

(B) Subject to division (C) of this section, an anatomical	571
gift made by a person authorized to make a gift under section	572
2108.09 of the Revised Code may be amended or revoked orally or	573
in a record by any member of a prior class who is reasonably	574
available. If more than one member of the prior class is	575
reasonably available, the gift made by a person authorized to	576
make a gift under section 2108.09 of the Revised Code may be	577
amended if a majority of the reasonably available members agree	578
to the amendment or revoked if at least half of the reasonably	579
available members agree to the revocation.	580

(C) A revocation under division (B) of this section shall be	581
effective only if the procurement organization, transplant	582
hospital, physician, or technician knows of the revocation,	583
before an incision has been made to remove a part from the	584
donor's body or before invasive procedures have begun to prepare	585
the recipient.	586

Sec. 2108.11. (A) An anatomical gift may be made to any of	587
the following persons named in the document of gift:	588

(1) A hospital; an accredited medical school, dental school,	589
college, or university; an organ procurement organization; or	590
another appropriate person, for research or education;	591

(2) Subject to division (B) of this section, an individual	592
designated by the person making the anatomical gift if the	593
individual is the recipient of the part;	594

(3) An eye bank or tissue bank.

595

(B) If an anatomical gift to an individual under division	596
(A)(2) of this section cannot be transplanted into the individual,	597
the part shall pass in accordance with division (G) of this	598
section in the absence of an express, contrary indication by the	599
person making the anatomical gift.	600

(C) If an anatomical gift of one or more specific parts or of	601
all parts is made in a document of gift that does not name a	602
person described in division (A) of this section but identifies	603
the purpose for which an anatomical gift may be used, the	604
following rules apply:	605

(1) If the part is an eye and the gift is for the purpose of	606
transplantation or therapy, the gift shall pass to the appropriate	607
eye bank.	608

(2) If the part is tissue and the gift is for the purpose of	609
transplantation or therapy, the gift shall pass to the appropriate	610
tissue bank.	611

(3) If the part is an organ and the gift is for the purpose	612
of transplantation or therapy, the gift shall pass to the	613
appropriate organ procurement organization as custodian of the	614
organ.	615

(4) If the part is an organ, an eye, or tissue and the gift	616
is for the purpose of research or education, the gift shall pass	617
to the appropriate procurement organization.	618

(D) For the purpose of division (C) of this section, if there	619
is more than one purpose of an anatomical gift set forth in the	620
document of gift but the purposes are not set forth in any	621
priority, the gift shall be used for transplantation or therapy,	622
if suitable. If the gift cannot be used for transplantation or	623
therapy, the gift may be used for research or education.	624

(E) If an anatomical gift of one or more specific parts is	625
made in a document of gift that does not name a person described	626
in division (A) of this section and does not identify the purpose	627
of the gift, the gift shall be used only for transplantation or	628
therapy, and the gift shall pass in accordance with division (G)	629
of this section.	630

(F) If a document of gift specifies only a general intent to	631
make an anatomical gift by words such as "donor," "organ donor,"	632
or "body donor," or by a symbol or statement of similar import,	633
the gift shall be used only for transplantation or therapy, and	634
the gift shall pass in accordance with division (G) of this	635
section.	636

(G) For purposes of divisions (B), (E), and (F) of this	637
section, the following rules apply:	638

(1) If the part is an eye, the gift shall pass to the	639
appropriate eye bank.	640

(2) If the part is tissue, the gift shall pass to the	641
appropriate tissue bank.	642

(3) If the part is an organ, the gift shall pass to the	643
appropriate organ procurement organization as custodian of the	644
organ.	645

(H) An anatomical gift of an organ for transplantation or	646
therapy, other than an anatomical gift under division (A)(2) of	647
this section, shall pass to the organ procurement organization as	648
custodian of the organ.	649

(I) If an anatomical gift does not pass pursuant to divisions	650
(A) to (H) of this section, or the decedent's body or part is not	651
used for transplantation, therapy, research, or education, custody	652
of the body or part shall pass to the person to whom the right of	653
disposition for the decedent's body has been assigned pursuant to	654
section 2108.70 of the Revised Code or who has the right of	655
disposition for the decedent's body as described in section	656
2108.81 of the Revised Code.	657

(J) A person shall not accept an anatomical gift if the	658
person knows that the gift was not effectively made under section	659
2108.05 or 2108.10 of the Revised Code, or if the person knows	660
that the decedent made a refusal under section 2108.07 of the	661
Revised Code that was not revoked. For purposes of this division,	662
if a person knows that an anatomical gift was made on a document	663
of gift, the person is deemed to know of any amendment or	664
revocation of the gift or any refusal to make an anatomical gift	665
on the same document of gift.	666

(K) Except as otherwise provided in division (A)(2) of this	667
section, nothing in sections 2108.01 to 2108.28 of the Revised	668
Code affects the allocation of organs for transplantation or	669
therapy.	670

Sec. 2108.12. (A) The following persons shall make a	671
reasonable search of the body of an individual who the person	672
reasonably believes is dead or near death for a document of gift	673
or other information identifying the individual as a donor or as	674
an individual who made a refusal:	675

(1) A law enforcement officer as defined in section 2901.01	676
of the Revised Code, member of a fire department as defined in	677
section 4117.01 of the Revised Code, or a holder of a certificate	678
issued under Chapter 4765. of the Revised Code finding the	679
individual in the course of employment;	680

(2) If no other source of information is immediately	681
available, a hospital employee or agent, as soon as practical	682
after the individual's arrival at the hospital.	683

(B) If a document of gift or refusal to make an anatomical	684
gift is located by the search required by division (A)(1) of this	685
section, and the individual or deceased individual to whom it	686
relates is taken to a hospital, the person responsible for	687
conducting the search shall send the document of gift or refusal	688
to the hospital.	689

(C) A person is not subject to criminal or civil liability	690
for failing to discharge the duties imposed by this section but	691
may be subject to any of the following:	692

(1) Disciplinary action under a collective bargaining	693
agreement, if the person is covered by a collective bargaining	694
agreement entered into under Chapter 4117. of the Revised Code;	695

(2) Disciplinary action under section 124.34 of the Revised	696
Code, if the person is an officer or employee in the classified	697
service of this state or the counties, civil service townships,	698
cities, city health districts, general health districts, or city	699
school districts of this state;	700

(3) Disciplinary action by the person's employer.

701

Sec. 2108.13. (A) A document of gift need not be delivered	702
during the donor's lifetime to be effective.	703

(B) On or after an individual's death, a person in	704
possession of a document of gift or a refusal to make an	705
anatomical gift with respect to the individual shall allow	706
examination and copying of the document of gift or refusal by a	707
person authorized to make or object to the making of an anatomical	708
gift with respect to the individual or by a person to which the	709
gift could pass under section 2108.11 of the Revised Code.	710

Sec. 2108.14. (A) When a hospital employee or agent refers	711
an individual at or near death to a procurement organization, the	712
organization shall make a reasonable search of the records of the	713
bureau of motor vehicles and any donor registry that it knows	714
exists for the geographical area in which the individual resides	715
to ascertain whether the individual has made an anatomical gift.	716
The bureau of motor vehicles shall allow the procurement	717
organization reasonable access to its records for purposes of	718
ascertaining whether the individual is a donor.	719

(B) When a hospital employee or agent refers an individual at	720
or near death to a procurement organization, the organization may	721
conduct any reasonable examination necessary to ensure the	722
medical suitability of a part that is or could be the subject of	723
an anatomical gift for transplantation, therapy, research, or	724
education from a donor or prospective donor. During the	725
examination period, measures necessary to ensure the medical	726
suitability of the part shall not be withdrawn unless the	727
hospital or procurement organization knows that the individual	728
expressed a contrary intent.	729

(C) Unless prohibited by law other than sections 2108.01 to	730
2108.25 of the Revised Code, at any time after a donor's death,	731
the person to which a part passes under section 2108.11 of the	732
Revised Code may conduct any reasonable examination necessary to	733
ensure the medical suitability of the body or part for its	734
intended purpose.	735

(D) Unless prohibited by law other than sections 2108.01 to	736
2108.28 of the Revised Code, an examination under division (B) or	737
(C) of this section may include an examination of all medical and	738
dental records of the donor or prospective donor.	739

(E) Upon the death of a minor who was a donor or had signed a	740
refusal, unless a procurement organization knows the minor is	741
emancipated, the procurement organization shall conduct a	742
reasonable search for the parents of the minor and provide the	743
parents with an opportunity to revoke or amend the anatomical gift	744
or revoke the refusal.	745

(F) Upon referral by a hospital under division (A) of this	746
section, a procurement organization shall make a reasonable search	747
for any person listed in section 2108.09 of the Revised Code	748
having an opportunity to make an anatomical gift on behalf of the	749
prospective donor. If a procurement organization receives	750
information that an anatomical gift to any other person was made,	751
amended, or revoked, it shall promptly advise the other person of	752
all relevant information.	753

Sec. 2108.15. Subject to division (I) of section 2108.11 and	754
section 2108.26 of the Revised Code, the rights of the person to	755
which a part passes under section 2108.11 of the Revised Code	756
shall be superior to the rights of all others with respect to the	757
part. The person may accept or reject an anatomical gift in whole	758
or in part. Subject to the terms of the document of gift and	759
sections 2108.01 to 2108.28 of the Revised Code, a person that	760
accepts an anatomical gift or an entire body may allow embalming,	761
burial, or cremation, and use of remains in a funeral service. If	762
the gift is of a part, the person to whom the part passes under	763
section 2108.11 of the Revised Code, upon the death of the donor	764
and before embalming, burial, or cremation, shall cause the part	765
to be removed without unnecessary mutilation.	766

Sec. 2108.16. (A) Except as provided in division (B) of this	767
section, a physician or technician may remove a donated part from	768
the body of a donor that the physician or technician is qualified	769
to remove.	770

(B) Neither the physician who attends the decedent at death	771
nor the physician who determines the time of the decedent's death	772
shall participate in the procedures for removing or transplanting	773
a part from the decedent.	774

Sec. 2108.17. Each hospital in this state shall enter into	775
agreements or affiliations with procurement organizations for	776
coordination of procurement and use of anatomical gifts.	777

Sec. 2108.18. (A) Except as otherwise provided in division	778
(B) of this section, no person shall, for valuable consideration,	779
knowingly purchase or sell a part for transplantation or therapy	780
if removal of a part from an individual is intended to occur after	781
the individual's death.	782

(B) A person may charge a reasonable amount for the removal,	783
processing, preservation, quality control, storage,	784
transportation, implantation, or disposal of a part.	785

Sec. 2108.19. No person shall intentionally falsify, forge,	786
conceal, deface, or obliterate a document of gift, an amendment or	787
revocation of a document of gift, or a refusal in order to obtain	788
a financial gain.	789

Sec. 2108.20. (A) A person who acts in accordance with	790
sections 2108.01 to 2108.28 of the Revised Code or with the	791
applicable anatomical gift laws of another state, or attempts in	792
good faith to do so, is not liable for the act in a civil action,	793
criminal prosecution, or administrative proceeding.	794

(B) Neither the person making the anatomical gift nor the	795
donor's estate is liable for any injury or damage that results	796
from the making or use of the gift.	797

Sec. 2108.21. In determining whether an anatomical gift has	798
been made, amended, or revoked under sections 2108.01 to 2108.28	799
of the Revised Code, a person may rely upon representations of an	800
individual listed in division (A)(2), (3), (4), (5), (6), (7), or	801
(8) of section 2108.09 of the Revised Code relating to the	802
individual's relationship to the donor or prospective donor unless	803
the person knows that the representation is untrue.	804

Sec. 2108.22. (A) A document of gift is valid if executed in	805
accordance with any of the following:	806

(1) Sections 2108.01 to 2108.28 of the Revised Code;

807

(2) The laws of the state or country where it was executed;

808

(3) The laws of the state or country where the person making	809
the anatomical gift was domiciled, has a place of residence, or	810
was a resident or national at the time the document of gift was	811
executed.	812

(B) If a document of gift is valid under this section, the	813
law of this state shall govern the interpretation of the document	814
of gift.	815

(C) A person may presume that a document of gift or amendment	816
of an anatomical gift is valid unless that person knows that it	817
was not validly executed or was revoked.	818

~~Sec. 2108.18.~~ Sec. 2108.23. (A)(1) The bureau of motor vehicles	819
shall develop and maintain a donor registry that identifies each	820
individual who has agreed to make an anatomical gift by a	821
designation on a driver's or commercial driver's license or	822
motorcycle operator's license or endorsement as provided in	823
division ~~(C)~~(A)(1) of section ~~2108.04~~2108.05 of the Revised Code.	824
The registry shall be fully operational not later than July 1,	825
2002.	826

(2) Any person who provides to the bureau the form set forth	827
in division ~~(C)~~(D)(2) of section 2133.07 of the Revised Code	828
requesting to be included in the donor registry shall be included.	829

(B) The bureau shall maintain the registry in a manner that	830
provides to organ procurement organizations, tissue banks, and eye	831
banks immediate access to the information in the registry	832
twenty-four hours a day and seven days a week.	833

(C)(1) The registrar of motor vehicles, in consultation with	834
the director of health and the second chance trust fund advisory	835
committee created under section ~~2108.17~~2108.35 of the Revised	836
Code, shall formulate proposed rules that specify all of the	837
following:	838

(a) The information to be included in the registry;

839

(b) A process, in ~~addition to that provided for in~~accordance	840
with division (B) of section 2108.06 of the Revised Code, for an	841
individual to revoke the individual's intent to make an anatomical	842
gift and for updating information in the registry;	843

(c) How the registry will be made available to organ	844
procurement organizations, tissue banks, and eye banks;	845

(d) Limitations on the use of and access to the registry;

846

(e) How information on organ, tissue, and eye donation will	847
be developed and disseminated to the public by the bureau and the	848
department of health;	849

(f) Anything else the registrar considers appropriate.

850

(2) In ~~formulating~~adopting the proposed rules under this	851
division, the registrar may consult with any person or entity that	852
expresses an interest in the matters to be dealt with in the	853
rules.	854

(3) Following formulation of the proposed rules, but not	855
later than January 1, 2002, the registrar shall adopt rules in	856
accordance with Chapter 119. of the Revised Code.	857

(D) The costs of developing and initially implementing the	858
registry shall be paid from the second chance trust fund created	859
in section ~~2108.15~~2108.34 of the Revised Code.	860

Sec. 2108.24. (A) As used in this section:

861

(1) "Advance health-care directive" means a durable power of	862
attorney for health care or a record signed by a prospective	863
donor containing the prospective donor's direction concerning a	864
health-care decision for the prospective donor.	865

(2) "Declaration" means a written document executed in	866
accordance with section 2133.02 of the Revised Code.	867

(3) "Health-care decision" means any decision regarding the	868
health care of the prospective donor.	869

(B) If a prospective donor has a declaration or advance	870
health-care directive, measures necessary to ensure the medical	871
suitability of an organ for transplantation or therapy shall not	872
be withheld or withdrawn from the prospective donor, unless the	873
declaration expressly provides for the contrary.	874

Sec. 2108.25. As used in this section, "coroner" includes a	875
medical examiner. A coroner shall cooperate with procurement	876
organizations to maximize the opportunity to recover anatomical	877
gifts for the purpose of transplantation, therapy, research, or	878
education.	879

Sec. 2108.26. (A) As used in this section, "coroner" has the	880
same meaning as in section 2108.25 of the Revised Code.	881

(B) On request of a procurement organization, a coroner	882
shall release to the procurement organization the name, contact	883
information, and available medical and social history of a	884
decedent whose body is under the jurisdiction of the coroner. If	885
the decedent's body or part is medically suitable for life-saving	886
organ transplantation or therapy, the coroner shall release	887
post-mortem examination results to the procurement organization.	888
The procurement organization may make a subsequent disclosure of	889
the post-mortem examination results or other information received	890
from the coroner only if relevant to life-saving organ	891
transplantation or therapy.	892

(C) The coroner may conduct a medicolegal examination by	893
reviewing all medical records, laboratory test results, x-rays,	894
other diagnostic results, and other information that any person	895
possesses about a donor or prospective donor whose body is under	896
the jurisdiction of the coroner which the coroner determines may	897
be relevant to the investigation.	898

(D) A person that has any information requested by a coroner	899
pursuant to division (B) of this section shall provide that	900
information as expeditiously as possible to allow the coroner to	901
conduct the medicolegal investigation within a period compatible	902
with the preservation of parts for the purpose of life-saving	903
organ transplantation or therapy.	904

(E) If an anatomical gift has been or might be made of a part	905
of a decedent whose body is under the jurisdiction of the coroner	906
and a post-mortem examination is not required or after a	907
post-mortem examination the coroner determines that no autopsy is	908
required, or, if the decedent has been referred to the coroner for	909
post-mortem examination and it is determined that an autopsy is	910
required and after consultation with the prosecuting attorney it	911
is determined that the recovery of the parts that are the subject	912
of an anatomical gift will not interfere with the autopsy, the	913
coroner and procurement organization shall cooperate in the	914
timely removal of the part from the decedent for the purpose of	915
life-saving organ transplantation or therapy.	916

(F) If an anatomical gift of a part from the decedent under	917
the jurisdiction of the coroner has been or might be made, and	918
after consultation with the prosecuting attorney it is determined	919
that the recovery of the part could interfere with the	920
determination of the decedent's cause or manner of death, the	921
coroner shall consult with the procurement organization or	922
physician or technician designated by the procurement	923
organization about the proposed recovery. The procurement	924
organization shall provide the coroner with all information that	925
the procurement organization has that could relate to the cause or	926
manner of death. After consultation, the coroner shall allow the	927
recovery unless the coroner reasonably believes that the part or	928
the decedent's intact body is needed for law enforcement	929
purposes.	930

(G) The coroner and procurement organization shall enter	931
into an agreement establishing protocols and procedures governing	932
the relations between them when an anatomical gift of a part from	933
a decedent whose body is under the jurisdiction of the coroner	934
has been or might be made, but the coroner believes that the	935
recovery of the part could interfere with the post-mortem	936
investigation into the decedent's cause or manner of death.	937
Decisions regarding the recovery of the part from the decedent	938
shall be made in accordance with the agreement. The coroner and	939
procurement organization shall evaluate the effectiveness of the	940
agreement at regular intervals but not less than every two years.	941

(H)(1) In the absence of an agreement establishing protocols	942
and procedures governing the relations between the coroner and the	943
procurement organization, if the coroner intends to deny recovery	944
of an organ for transplantation or therapy, the coroner or the	945
coroner's designee, at the request of the procurement	946
organization, shall attend the removal procedure for the organ	947
before making a final determination not to allow the procurement	948
organization to recover the organ. During the removal procedure,	949
the coroner or the coroner's designee may allow recovery by the	950
procurement organization to proceed, or, if the coroner or the	951
coroner's designee reasonably believes that the organ may be	952
involved in determining the decedent's cause or manner of death or	953
that the organ or the decedent's intact body is needed for law	954
enforcement purposes, deny recovery by the procurement	955
organization.	956

(2) If a procurement organization seeks to recover only an	957
eye, tissue, or both, the coroner or the coroner's designee shall	958
not be required to attend a removal procedure as described in	959
division (G)(1) of this section.	960

(I) If the coroner or the coroner's designee denies recovery	961
under division (H)(1) of this section, the coroner or the	962
coroner's designee shall do all of the following:	963

(1) Explain in a record the specific reasons for not allowing	964
recovery of the part;	965

(2) Include in the records of the coroner the specific	966
reasons for not allowing recovery of the part;	967

(3) Provide a record with the specific reasons for not	968
allowing recovery of the part to the procurement organization.	969

(J) If the coroner or the coroner's designee allows recovery	970
of a part under division (E), (F), (G), or (H) of this section,	971
the procurement organization shall cooperate with the coroner in	972
any documentation of injuries and the preservation and collection	973
of evidence prior to and during the recovery of the part and upon	974
request, shall cause the physician or technician who removes the	975
part to provide the coroner with a record describing the	976
condition of the part, a biopsy, a photograph, and any other	977
information and observations that would assist in the post-mortem	978
examination.	979

(K) If a coroner or a coroner's designee is required to be	980
present at a removal procedure under division (H)(1) of this	981
section, upon request the procurement organization requesting the	982
recovery of the organ shall reimburse the office of the coroner	983
for the additional costs incurred in complying with that division.	984
Any reimbursement made under this division shall be applied	985
directly to, and used only for the purpose of, offsetting the	986
salary, wages, and expenses of the coroner's office.	987

(L) Any recovery or removal procedure conducted under	988
division (E), (F), (G), or (H) of this section shall be conducted	989
within a period compatible with the preservation of parts for the	990
purpose of transplantation, therapy, research, or education.	991

Sec. 2108.27. In applying and construing the Revised Uniform	992
Anatomical Gift Act, enacted in sections 2108.01 to 2108.28 of the	993
Revised Code, consideration shall be given to the need to promote	994
uniformity of the law with respect to its subject matter among	995
states that enact it.	996

Sec. 2108.28. This section and sections 2108.01 to 2108.27	997
of the Revised Code modify, limit, and supersede the "Electronic	998
Signatures in Global and National Commerce Act," 15 U.S.C. 7001	999
et seq., but do not modify, limit, or supersede section 101(a) of	1000
that act, 15 U.S.C. 7001, or authorize electronic delivery of any	1001
of the notices described in division 103(b) of that act, 15	1002
U.S.C. 7003(b).	1003

Nothing in this section, or sections 2108.01 to 2108.27 of	1004
the Revised Code, negates the applicability of sections 1306.01 to	1005
1306.15 of the Revised Code to this section or sections 2108.01 to	1006
2108.27 of the Revised Code.	1007

~~Sec. 2108.11.~~ Sec. 2108.30. Subject to the prohibition in section	1008
~~2108.12~~2108.18 of the Revised Code, the procuring, furnishing,	1009
donating, processing, distributing, or using of human whole blood,	1010
plasma, blood products, blood derivatives, and products, corneas,	1011
bones, organs, or other human tissue except hair, for the purpose	1012
of injecting, transfusing, or transplanting the fluid or body part	1013
in another human body, is considered for all purposes as the	1014
rendition of a service by every person participating in the act	1015
and not a sale of any such fluid or body part. No warranties of	1016
any kind or description are applicable to the act.	1017

~~Sec. 2108.21.~~ Sec. 2108.31. Any person seventeen years of age or	1018
older may donate blood in a voluntary blood program, which is not	1019
operated for profit, without consent of ~~his~~the person's parent or	1020
guardian. Before obtaining blood donations from students at high	1021
schools, joint vocational schools, or technical schools, a blood	1022
program shall arrange for the dissemination of written donation	1023
information to students to be shared with their parents or	1024
guardians. This information shall include a statement that the	1025
students will be requested to donate blood.	1026

~~Sec. 2108.19.~~ Sec. 2108.32. The bureau of motor vehicles shall	1027
maintain a toll-free telephone number available twenty-four hours	1028
a day that the public may use to obtain information on becoming an	1029
organ, tissue, or eye donor as provided in section ~~2108.04~~2108.05	1030
of the Revised Code. The bureau of motor vehicles shall pay the	1031
costs of maintaining the toll-free telephone number.	1032

~~Sec. 2108.20.~~ Sec. 2108.33. The bureau of motor vehicles,	1033
registrar of motor vehicles, deputy registrars of motor vehicles,	1034
and agents and employees of the bureau of motor vehicles are not	1035
liable for damages in any civil action or subject to prosecution	1036
in a criminal proceeding for acting, attempting to act, or failing	1037
to act in accordance with section ~~2108.18, 2108.19~~2108.23,	1038
2108.32, or 4501.024 of the Revised Code, unless the act, attempt,	1039
or omission was committed or omitted with malicious purpose, in	1040
bad faith, or in a wanton or reckless manner.	1041

~~Sec. 2108.15.~~ Sec. 2108.34. (A) There is hereby created in the	1042
state treasury the second chance trust fund. The fund shall	1043
consist of voluntary contributions deposited as provided in	1044
sections 4503.721, 4506.081, 4507.231, and 4507.501 of the Revised	1045
Code. All investment earnings of the fund shall be credited to the	1046
fund.	1047

(B) The director of health shall use the money in the fund	1048
only for the following purposes:	1049

(1) Development and implementation of a campaign that	1050
explains and promotes the second chance trust fund;	1051

(2) Development and implementation of local and statewide	1052
public education programs about organ, tissue, and eye donation,	1053
including the informational material required to be provided under	1054
sections 4506.081, 4507.231, and 4507.501 of the Revised Code;	1055

(3) Development and implementation of local and statewide	1056
donor awareness programs in schools;	1057

(4) Development and implementation of local and statewide	1058
programs to recognize donor families;	1059

(5) Development and distribution of materials promoting	1060
organ, tissue, and eye donation;	1061

(6) Cooperation with the Ohio Supreme Court, Ohio State Bar	1062
Association, and law schools of this state to more effectively	1063
educate attorneys about the donation of anatomical gifts and to	1064
encourage them to assist their clients in donating anatomical	1065
gifts through anatomical gift declarations, durable powers of	1066
attorney for health care, declarations as defined in section	1067
2133.01 of the Revised Code, wills, and any other appropriate	1068
means;	1069

(7) Cooperation with the state medical board, state medical,	1070
osteopathic, and ~~opthalmological~~ophthalmological associations,	1071
and colleges of medicine and osteopathic medicine in this state to	1072
more effectively educate physicians about the donation of	1073
anatomical gifts and to encourage them to assist their patients in	1074
making declarations of anatomical gifts;	1075

(8) ~~Development and initial implementation of the donor~~	1076
~~registry established pursuant to section 2108.18 of the Revised~~	1077
~~Code, except that the total amount expended shall not exceed one~~	1078
~~hundred fifty thousand dollars;~~	1079

~~(9)~~ Development of statewide hospital training programs to	1080
encourage and facilitate compliance with ~~section 2108.021~~sections	1081
2108.14 and 2108.15 of the Revised Code ~~concerning circumstances~~	1082
~~under which an anatomical gift is required to be requested~~;	1083

~~(10)~~(9) Reimbursement of the bureau of motor vehicles for the	1084
administrative costs incurred in the performance of duties under	1085
sections 4506.081, 4507.231, and 4507.501 of the Revised Code;	1086

~~(11)~~(10) Reimbursement of the department of health for	1087
administrative costs incurred in the performance of duties under	1088
this section and section ~~2108.17~~2108.35 of the Revised Code;	1089

~~(12)~~(11) Reimbursement of members of the second chance fund	1090
advisory committee for actual and necessary expenses incurred in	1091
the performance of official duties.	1092

(C) The director shall make the materials developed under	1093
division (B)(5) of this section available to other state agencies.	1094

(D) The director shall consider recommendations made by the	1095
second chance trust fund advisory committee pursuant to section	1096
~~2108.17~~2108.35 of the Revised Code. The director shall determine	1097
the appropriateness of and approve or disapprove projects	1098
recommended by the advisory committee for funding and approve or	1099
disapprove the disbursement of money from the second chance trust	1100
fund.	1101

~~Sec. 2108.17.~~ Sec. 2108.35. (A) There is hereby created within the	1102
department of health the second chance trust fund advisory	1103
committee, consisting of thirteen members. The members shall	1104
include the following:	1105

(1) The chairs of the standing committees of the house of	1106
representatives and senate with primary responsibilities for	1107
health legislation;	1108

(2) One representative of each of the following appointed by	1109
the director of health:	1110

(a) An Ohio organ procurement organization that is a member	1111
of the Organ Procurement and Transplantation Network;	1112

(b) An Ohio tissue bank that is an accredited member of the	1113
American association of tissue banks;	1114

(c) An Ohio eye bank that is certified by the eye bank	1115
association of America;	1116

(d) The Ohio solid organ transplantation consortium;

1117

(e) A hospital to which both of the following apply:

1118

(i) It is a member of the Ohio hospital association.

1119

(ii) It has a transplant program or a facility that has been	1120
verified as a level I or level II trauma center by the American	1121
college of surgeons.	1122

(f) The department of health.

1123

(3) ~~Except as provided in division (C) of this section, three~~	1124
Three members of the public appointed by the director who are not	1125
affiliated with ~~recovery agencies~~procurement organizations;	1126

(4) Two members appointed by the director who are either	1127
affiliated with ~~recovery agencies~~procurement organizations or	1128
members of the public.	1129

(B) Of the members first appointed under division (A)(2) of	1130
this section, the representatives of the organ procurement	1131
organization, tissue procurement organization, and eye bank shall	1132
serve terms of three years; the representatives of the department	1133
of health and Ohio solid organ transplantation consortium shall	1134
serve terms of two years; and the member representing the Ohio	1135
hospital association shall serve a term of one year. Thereafter,	1136
all members shall serve terms of three years.	1137

(C) ~~The members initially appointed under division (A)(3) of~~	1138
~~this section shall be representatives of the following:~~	1139

~~(1) An organ procurement organization in Ohio designated by~~	1140
~~the United States secretary of health and human services that is~~	1141
~~not represented by the appointment under division (A)(2)(a) of~~	1142
~~this section;~~	1143

~~(2) An Ohio tissue bank that is an accredited member of the~~	1144
~~American association of tissue banks, not affiliated with an organ~~	1145
~~procurement organization, and not represented by the appointment~~	1146
~~under division (A)(2)(b) of this section;~~	1147

~~(3) An Ohio eye bank that is certified by the eye bank~~	1148
~~association of America, not affiliated with an organ procurement~~	1149
~~organization, and not represented by the appointment under~~	1150
~~division (A)(2)(c) of this section.~~	1151

~~The three members shall serve until the proposed rules under~~	1152
~~section 2108.18 of the Revised Code are formulated. After the~~	1153
~~initial appointments, the director shall appoint three members of~~	1154
~~the public who are not affiliated with recovery agencies to serve~~	1155
~~terms of three years.~~	1156

~~(D)~~ Members appointed under division (A)(2), (3), or (4) of	1157
this section shall be geographically and demographically	1158
representative of the state. No more than a total of three members	1159
appointed under divisions (A)(2), (3), and (4) of this section	1160
shall be affiliated with the same ~~recovery agency~~procurement	1161
organization or group of ~~recovery agencies~~procurement	1162
organizations. ~~Recovery agencies~~Procurement organizations that	1163
recover only one type of organ, tissue, or part, as well as	1164
~~recovery agencies~~procurement organizations that recover more than	1165
one type of organ, tissue, or part, shall be represented.	1166

No individual appointed under division (A)(2), (3), or (4) of	1167
this section shall serve more than two consecutive terms,	1168
regardless of whether the terms were full or partial terms. Each	1169
member shall serve from the date of appointment until the member's	1170
successor is appointed. All vacancies on the committee shall be	1171
filled for the balance of the unexpired term in the same manner as	1172
the original appointment.	1173

~~(E)~~(D) The committee shall annually elect a chairperson from	1174
among its members and shall establish procedures for the	1175
governance of its operations. The committee shall meet at least	1176
semiannually. It shall submit an annual report of its activities	1177
and recommendations to the director of health.	1178

~~(F)~~(E) Committee members shall serve without compensation,	1179
but shall be reimbursed from the second chance trust fund for all	1180
actual and necessary expenses incurred in the performance of	1181
official duties.	1182

~~(G)~~(F) The committee shall do all of the following:

1183

(1) Make recommendations to the director of health for	1184
projects for funding from the second chance trust fund;	1185

(2) Consult with the registrar of motor vehicles in	1186
formulating proposed rules under division (C)(1) of section	1187
~~2108.18~~2108.23 of the Revised Code;	1188

(3) As requested, consult with the registrar or director on	1189
other matters related to organ donation;	1190

(4) Approve brochures, written materials, and electronic	1191
media regarding anatomical gifts and anatomical gift procedures	1192
for use in driver training schools pursuant to section 4508.021 of	1193
the Revised Code.	1194

~~(H)~~(G) The committee is not subject to section 101.84 of the	1195
Revised Code.	1196

~~Sec. 2108.30.~~ Sec. 2108.40. An individual is dead if hethe	1197
individual has sustained either irreversible cessation of	1198
circulatory and respiratory functions or irreversible cessation of	1199
all functions of the brain, including the brain stem, as	1200
determined in accordance with accepted medical standards. If the	1201
respiratory and circulatory functions of a person are being	1202
artificially sustained, under accepted medical standards a	1203
determination that death has occurred is made by a physician by	1204
observing and conducting a test to determine that the irreversible	1205
cessation of all functions of the brain has occurred.	1206

A physician who makes a determination of death in accordance	1207
with this section and accepted medical standards is not liable for	1208
damages in any civil action or subject to prosecution in any	1209
criminal proceeding for ~~his~~the physician's acts or the acts of	1210
others based on that determination.	1211

Any person who acts in good faith in reliance on a	1212
determination of death made by a physician in accordance with this	1213
section and accepted medical standards is not liable for damages	1214
in any civil action or subject to prosecution in any criminal	1215
proceeding for ~~his~~the person's actions.	1216

Sec. 2108.78. If a declarant or deceased adult has made a	1217
~~valid declaration of~~ an anatomical gift ~~by will or any other~~	1218
~~document or means described in section 2108.04~~under sections	1219
2108.01 to 2108.28 of the Revised Code, any person to whom the	1220
declarant has assigned the right of disposition under section	1221
2108.70 of the Revised Code, or who has the right as described in	1222
section 2108.81 of the Revised Code, is bound by the ~~declaration~~	1223
~~of the~~ anatomical gift and must follow the instructions associated	1224
with the gift before making any decisions or taking any other	1225
actions associated with the right.	1226

Sec. 2108.99. Whoever violates division (A) of section	1227
~~2108.12~~2108.18 or section 2108.19 of the Revised Code is guilty	1228
of ~~unlawful transfer of body parts,~~ a felony of the ~~fifth~~third	1229
degree.	1230

Sec. 2133.07. (A) As used in this section:

1231

(1) "Anatomical gift" has the same meaning as in section	1232
2108.01 of the Revised Code.	1233

(2) "DNR identification" has the same meaning as in section	1234
2133.21 of the Revised Code.	1235

(B) A printed form of a declaration may be sold or otherwise	1236
distributed in this state for use by adults who are not advised by	1237
an attorney. By use of a printed form of that nature, a declarant	1238
may authorize the use or continuation, or the withholding or	1239
withdrawal, of life-sustaining treatment should the declarant be	1240
in a terminal condition, a permanently unconscious state, or	1241
either a terminal condition or a permanently unconscious state,	1242
may authorize the withholding or withdrawal of nutrition or	1243
hydration should the declarant be in a permanently unconscious	1244
state as described in division (A)(3)(a) of section 2133.02 of the	1245
Revised Code, and may designate one or more persons who are to be	1246
notified by the declarant's attending physician at any time that	1247
life-sustaining treatment would be withheld or withdrawn pursuant	1248
to the declaration. The printed form shall not be used as an	1249
instrument for granting any other type of authority or for making	1250
any other type of designation, except that the printed form may be	1251
used as a DNR identification if the declarant specifies on the	1252
form that the declarant wishes to use it as a DNR identification	1253
and except as provided in division ~~(B)~~(C) of this section.	1254

~~(B)~~(C) A printed form of a declaration under division ~~(A)~~(B)	1255
of this section shall include, before the signature of the	1256
declarant or another individual at the direction of the	1257
declarant, statements that conform substantially to the following	1258
form:	1259

"ANATOMICAL GIFT (optional)	1260

Upon my death, the following are my directions regarding	1261
donation of all or part of my body:	1262

In the hope that I may help others upon my death, I hereby	1263
give the following body parts:	1264

		1265
		1266

for any purpose authorized by law: transplantation, therapy,	1267
research, or education.	1268

If I do not indicate a desire to donate all or part of my	1269
body by filling in the lines above, no presumption is created	1270
about my desire to make or refuse to make an anatomical gift."	1271

~~(C)~~(D)(1) A printed form of a declaration under division	1272
~~(A)~~(B) of this section shall include, as a separate page or as a	1273
portion of a page that can be detached from the declaration, a	1274
donor registry enrollment form that permits the donor to be	1275
included in the donor registry created under section ~~2108.18~~	1276
2108.23 of the Revised Code.	1277

(2) The donor registry enrollment form ~~shall conform~~	1278
~~substantially to the following form:~~	1279

~~"DONOR REGISTRY ENROLLMENT FORM (optional)~~	1280

~~To register for the Donor Registry, please complete this form~~	1281
~~and send it to the Ohio Bureau of Motor Vehicles. This form must~~	1282
~~be signed by two witnesses. If the donor is under age eighteen,~~	1283
~~one witness must be the donor's parent or legal guardian.~~	1284

~~... Please include me in the donor registry.~~	1285

~~... Please remove me from the donor registry.~~	1286

~~Full Name (please print)~~			1287
~~Mailing address~~			1288
	1289
	1290
~~Phone~~		~~Date of Birth~~		1291
~~Driver License or ID Card No.~~					1292
~~Social Security No.~~					1293

~~... On my death, I make an anatomical gift of my organs, tissues,~~	1294
~~and eyes for any purpose authorized by law.~~	1295

OR	1296

~~... On my death, I make an anatomical gift of the following~~	1297
~~specified organs, tissues, or eyes for any purposes indicated~~	1298
~~below.~~	1299

	1300
	1301
	1302

~~Purposes:~~

1303

~~...~~	~~Any purpose authorized by law~~	1304
~~...~~	~~Transplantation~~	1305
~~...~~	~~Therapy~~	1306
~~...~~	~~Research~~	1307
~~...~~	~~Education~~	1308
~~...~~	~~Advancement of medical science~~	1309
~~...~~	~~Advancement of dental science~~	1310

			1311
~~Signature of donor registrant~~		~~Date~~	1312
	1313
~~Witness signature~~			1314
	1315
~~Witness signature"~~			1316

~~(D) As used in this section:~~

1317

~~(1) "Anatomical gift" has the same meaning as in section~~	1318
~~2108.01 of the Revised Code.~~	1319

~~(2) "DNR identification" has the same meaning as in section~~	1320
~~2133.21 of the Revised Code~~may be in any form that complies with	1321
the requirements of division (B) of section 2108.05 of the	1322
Revised Code. On completion, the form shall be forwarded to the	1323
bureau of motor vehicles.	1324

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

1325

(1) "Anatomical gift" and "donor" have the same meanings as	1326
in section 2108.01 of the Revised Code.	1327

(2) "Declarant" and "declaration" have the same meanings as	1328
in section 2133.01 of the Revised Code.	1329

(B) A declarant may make an anatomical gift of all or part of	1330
the declarant's body by specifying the intent of the declarant to	1331
make the anatomical gift in a space provided in the declaration.	1332
All of the following apply to a declaration that specifies the	1333
intent of the declarant to make an anatomical gift:	1334

(1) The declaration serves as a ~~document other than a will~~	1335
donor card or other record in which a declarant makes an	1336
anatomical gift as provided in ~~divisions~~division (B)~~(1) and (3)~~	1337
of section ~~2108.04~~2108.05 of the Revised Code.	1338

(2) The declaration is considered as having satisfied the	1339
requirements specified in ~~divisions~~division (B)~~(1) and (3)~~ of	1340
section ~~2108.04~~2108.05 of the Revised Code to make an anatomical	1341
gift by a ~~document other than a will~~donor card or other record.	1342

(3) The declaration is subject to sections 2108.01 to ~~2108.12~~	1343
2108.28 of the Revised Code to the extent that the declaration	1344
specifies the intent of the declarant to make an anatomical gift.	1345

(C) A declarant who makes an anatomical gift in the manner	1346
described in division (B) of this section may amend the anatomical	1347
gift under the circumstances and by any of the means provided in	1348
~~division (A) of~~ section 2108.06 of the Revised Code.	1349

(D) A declarant who makes an anatomical gift in the manner	1350
described in division (B) of this section may revoke the	1351
anatomical gift under the circumstances and by any of the means	1352
provided in ~~division (A) of~~ section 2108.06 of the Revised Code or	1353
by cancellation of the declarant's intent to make the anatomical	1354
gift as specified in the declaration.	1355

(E) A declarant may refuse to make an anatomical gift of all	1356
or part of the declarant's body by specifying the intent of the	1357
declarant to refuse to make the anatomical gift in a space	1358
provided in the declaration.	1359

(F) Nothing in this section requires a declarant to make,	1360
amend, or refuse to make an anatomical gift in a space provided in	1361
a declaration or otherwise limits a declarant from making,	1362
amending, or refusing to make an anatomical gift. The failure of a	1363
declarant to indicate in the space provided in the declaration the	1364
intent of the declarant to make an anatomical gift or to refuse to	1365
make an anatomical gift does not create a presumption of the	1366
intent of the declarant in regard to the matter of making or	1367
refusing to make an anatomical gift.	1368

Sec. 3301.07. The state board of education shall exercise	1369
under the acts of the general assembly general supervision of the	1370
system of public education in the state. In addition to the powers	1371
otherwise imposed on the state board under the provisions of law,	1372
the board shall have the following powers:	1373

(A) Exercise policy forming, planning, and evaluative	1374
functions for the public schools of the state, and for adult	1375
education, except as otherwise provided by law;	1376

(B) Exercise leadership in the improvement of public	1377
education in this state, and administer the educational policies	1378
of this state relating to public schools, and relating to	1379
instruction and instructional material, building and equipment,	1380
transportation of pupils, administrative responsibilities of	1381
school officials and personnel, and finance and organization of	1382
school districts, educational service centers, and territory.	1383
Consultative and advisory services in such matters shall be	1384
provided by the board to school districts and educational service	1385
centers of this state. The board also shall develop a standard of	1386
financial reporting which shall be used by all school districts	1387
and educational service centers to make their financial	1388
information available to the public in a format understandable by	1389
the average citizen and provide year-to-year comparisons for at	1390
least five years. The format shall show, among other things,	1391
district and educational service center revenue by source;	1392
expenditures for salaries, wages, and benefits of employees,	1393
showing such amounts separately for classroom teachers, other	1394
employees required to hold licenses issued pursuant to sections	1395
3319.22 to 3319.31 of the Revised Code, and all other employees;	1396
expenditures other than for personnel, by category, including	1397
utilities, textbooks and other educational materials, equipment,	1398
permanent improvements, pupil transportation, extracurricular	1399
athletics, and other extracurricular activities; and per pupil	1400
expenditures.	1401

(C) Administer and supervise the allocation and distribution	1402
of all state and federal funds for public school education under	1403
the provisions of law, and may prescribe such systems of	1404
accounting as are necessary and proper to this function. It may	1405
require county auditors and treasurers, boards of education,	1406
educational service center governing boards, treasurers of such	1407
boards, teachers, and other school officers and employees, or	1408
other public officers or employees, to file with it such reports	1409
as it may prescribe relating to such funds, or to the management	1410
and condition of such funds.	1411

(D) Formulate and prescribe minimum standards to be applied	1412
to all elementary and secondary schools in this state for the	1413
purpose of requiring a general education of high quality. Such	1414
standards shall provide adequately for: the licensing of teachers,	1415
administrators, and other professional personnel and their	1416
assignment according to training and qualifications; efficient and	1417
effective instructional materials and equipment, including library	1418
facilities; the proper organization, administration, and	1419
supervision of each school, including regulations for preparing	1420
all necessary records and reports and the preparation of a	1421
statement of policies and objectives for each school; buildings,	1422
grounds, health and sanitary facilities and services; admission of	1423
pupils, and such requirements for their promotion from grade to	1424
grade as will assure that they are capable and prepared for the	1425
level of study to which they are certified; requirements for	1426
graduation; and such other factors as the board finds necessary.	1427

In the formulation and administration of such standards for	1428
nonpublic schools the board shall also consider the particular	1429
needs, methods and objectives of those schools, provided they do	1430
not conflict with the provision of a general education of a high	1431
quality and provided that regular procedures shall be followed for	1432
promotion from grade to grade of pupils who have met the	1433
educational requirements prescribed.	1434

(E) May require as part of the health curriculum information	1435
developed under section ~~2108.15~~2108.34 of the Revised Code	1436
promoting the donation of anatomical gifts pursuant to Chapter	1437
2108. of the Revised Code and may provide the information to high	1438
schools, educational service centers, and joint vocational school	1439
district boards of education;	1440

(F) Prepare and submit annually to the governor and the	1441
general assembly a report on the status, needs, and major problems	1442
of the public schools of the state, with recommendations for	1443
necessary legislative action and a ten-year projection of the	1444
state's public and nonpublic school enrollment, by year and by	1445
grade level;	1446

(G) Prepare and submit to the director of budget and	1447
management the biennial budgetary requests of the state board of	1448
education, for its agencies and for the public schools of the	1449
state;	1450

(H) Cooperate with federal, state, and local agencies	1451
concerned with the health and welfare of children and youth of the	1452
state;	1453

(I) Require such reports from school districts and	1454
educational service centers, school officers, and employees as are	1455
necessary and desirable. The superintendents and treasurers of	1456
school districts and educational service centers shall certify as	1457
to the accuracy of all reports required by law or state board or	1458
state department of education rules to be submitted by the	1459
district or educational service center and which contain	1460
information necessary for calculation of state funding. Any	1461
superintendent who knowingly falsifies such report shall be	1462
subject to license revocation pursuant to section 3319.31 of the	1463
Revised Code.	1464

(J) In accordance with Chapter 119. of the Revised Code,	1465
adopt procedures, standards, and guidelines for the education of	1466
children with disabilities pursuant to Chapter 3323. of the	1467
Revised Code, including procedures, standards, and guidelines	1468
governing programs and services operated by county boards of	1469
mental retardation and developmental disabilities pursuant to	1470
section 3323.09 of the Revised Code;	1471

(K) For the purpose of encouraging the development of special	1472
programs of education for academically gifted children, employ	1473
competent persons to analyze and publish data, promote research,	1474
advise and counsel with boards of education, and encourage the	1475
training of teachers in the special instruction of gifted	1476
children. The board may provide financial assistance out of any	1477
funds appropriated for this purpose to boards of education and	1478
educational service center governing boards for developing and	1479
conducting programs of education for academically gifted children.	1480

(L) Require that all public schools emphasize and encourage,	1481
within existing units of study, the teaching of energy and	1482
resource conservation as recommended to each district board of	1483
education by leading business persons involved in energy	1484
production and conservation, beginning in the primary grades;	1485

(M) Formulate and prescribe minimum standards requiring the	1486
use of phonics as a technique in the teaching of reading in grades	1487
kindergarten through three. In addition, the state board shall	1488
provide in-service training programs for teachers on the use of	1489
phonics as a technique in the teaching of reading in grades	1490
kindergarten through three.	1491

(N) Develop and modify as necessary a state plan for	1492
technology to encourage and promote the use of technological	1493
advancements in educational settings.	1494

The board may adopt rules necessary for carrying out any	1495
function imposed on it by law, and may provide rules as are	1496
necessary for its government and the government of its employees,	1497
and may delegate to the superintendent of public instruction the	1498
management and administration of any function imposed on it by	1499
law. It may provide for the appointment of board members to serve	1500
on temporary committees established by the board for such purposes	1501
as are necessary. Permanent or standing committees shall not be	1502
created.	1503

Sec. 4501.024. The bureau of motor vehicles shall do both of	1504
the following:	1505

(A) Develop and maintain a donor registry as required by	1506
section ~~2108.18~~2108.23 of the Revised Code;	1507

(B) Maintain a toll-free telephone number as specified in	1508
section ~~2108.19~~2108.32 of the Revised Code.	1509

Sec. 4503.721. (A) The owner or lessee of any passenger car,	1510
noncommercial motor vehicle, recreational vehicle, or other	1511
vehicle of a class approved by the registrar of motor vehicles may	1512
apply to the registrar for the registration of the vehicle and	1513
issuance of "donate life" license plates. An application made	1514
under this section may be combined with a request for a special	1515
reserved license plate under section 4503.40 or 4503.42 of the	1516
Revised Code. Upon receipt of the completed application and	1517
compliance by the applicant with divisions (B) and (C) of this	1518
section, the registrar shall issue to the applicant the	1519
appropriate vehicle registration and a set of "donate life"	1520
license plates and a validation sticker, or a validation sticker	1521
alone when required by section 4503.191 of the Revised Code.	1522

In addition to the letters and numbers ordinarily inscribed	1523
on the license plates, "donate life" license plates shall be	1524
inscribed with identifying words or markings designated by	1525
lifeline of Ohio, incorporated, and approved by the registrar.	1526
"Donate life" license plates shall display county identification	1527
stickers that identify the county of registration by name or	1528
number.	1529

(B) The "donate life" license plates and a validation	1530
sticker, or validation sticker alone, shall be issued upon receipt	1531
of a contribution as provided in division (C) of this section and	1532
upon payment of the regular license tax as prescribed under	1533
section 4503.04 of the Revised Code, any applicable motor vehicle	1534
license tax levied under Chapter 4504. of the Revised Code, any	1535
applicable additional fee prescribed by section 4503.40 or 4503.42	1536
of the Revised Code, an additional fee of ten dollars, and	1537
compliance with all other applicable laws relating to the	1538
registration of motor vehicles.	1539

(C) For each application for registration and registration	1540
renewal notice the registrar receives under this section, the	1541
registrar shall collect a contribution of five dollars. The	1542
registrar shall transmit this contribution to the treasurer of	1543
state for deposit into the state treasury to the credit of the	1544
second chance trust fund created in section ~~2108.15~~2108.34 of the	1545
Revised Code.	1546

The additional fee of ten dollars is to compensate the bureau	1547
of motor vehicles for additional services required in the issuing	1548
of "donate life" license plates. The registrar shall transmit the	1549
additional fee to the treasurer of state for deposit into the	1550
state treasury to the credit of the state bureau of motor vehicles	1551
fund created by section 4501.25 of the Revised Code.	1552

Sec. 4506.07. (A) Every application for a commercial	1553
driver's license, restricted commercial driver's license, or a	1554
commercial driver's temporary instruction permit, or a duplicate	1555
of such a license, shall be made upon a form approved and	1556
furnished by the registrar of motor vehicles. Except as provided	1557
in section 4506.24 of the Revised Code in regard to a restricted	1558
commercial driver's license, the application shall be signed by	1559
the applicant and shall contain the following information:	1560

(1) The applicant's name, date of birth, social security	1561
account number, sex, general description including height, weight,	1562
and color of hair and eyes, current residence, duration of	1563
residence in this state, country of citizenship, and occupation;	1564

(2) Whether the applicant previously has been licensed to	1565
operate a commercial motor vehicle or any other type of motor	1566
vehicle in another state or a foreign jurisdiction and, if so,	1567
when, by what state, and whether the license or driving privileges	1568
currently are suspended or revoked in any jurisdiction, or the	1569
applicant otherwise has been disqualified from operating a	1570
commercial motor vehicle, or is subject to an out-of-service order	1571
issued under this chapter or any similar law of another state or a	1572
foreign jurisdiction and, if so, the date of, locations involved,	1573
and reason for the suspension, revocation, disqualification, or	1574
out-of-service order;	1575

(3) Whether the applicant is afflicted with or suffering from	1576
any physical or mental disability or disease that prevents the	1577
applicant from exercising reasonable and ordinary control over a	1578
motor vehicle while operating it upon a highway or is or has been	1579
subject to any condition resulting in episodic impairment of	1580
consciousness or loss of muscular control and, if so, the nature	1581
and extent of the disability, disease, or condition, and the names	1582
and addresses of the physicians attending the applicant;	1583

(4) Whether the applicant has obtained a medical examiner's	1584
certificate as required by this chapter;	1585

(5) Whether the applicant has pending a citation for	1586
violation of any motor vehicle law or ordinance except a parking	1587
violation and, if so, a description of the citation, the court	1588
having jurisdiction of the offense, and the date when the offense	1589
occurred;	1590

(6) Whether the applicant wishes to certify willingness to	1591
make an anatomical ~~donation~~gift under section ~~2108.04~~2108.05 of	1592
the Revised Code, which shall be given no consideration in the	1593
issuance of a license;	1594

(7) On and after May 1, 1993, whether the applicant has	1595
executed a valid durable power of attorney for health care	1596
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	1597
executed a declaration governing the use or continuation, or the	1598
withholding or withdrawal, of life-sustaining treatment pursuant	1599
to sections 2133.01 to 2133.15 of the Revised Code and, if the	1600
applicant has executed either type of instrument, whether the	1601
applicant wishes the license issued to indicate that the applicant	1602
has executed the instrument.	1603

(B) Every applicant shall certify, on a form approved and	1604
furnished by the registrar, all of the following:	1605

(1) That the motor vehicle in which the applicant intends to	1606
take the driving skills test is representative of the type of	1607
motor vehicle that the applicant expects to operate as a driver;	1608

(2) That the applicant is not subject to any disqualification	1609
or out-of-service order, or license suspension, revocation, or	1610
cancellation, under the laws of this state, of another state, or	1611
of a foreign jurisdiction and does not have more than one driver's	1612
license issued by this or another state or a foreign jurisdiction;	1613

(3) Any additional information, certification, or evidence	1614
that the registrar requires by rule in order to ensure that the	1615
issuance of a commercial driver's license to the applicant is in	1616
compliance with the law of this state and with federal law.	1617

(C) Every applicant shall execute a form, approved and	1618
furnished by the registrar, under which the applicant consents to	1619
the release by the registrar of information from the applicant's	1620
driving record.	1621

(D) The registrar or a deputy registrar, in accordance with	1622
section 3503.11 of the Revised Code, shall register as an elector	1623
any applicant for a commercial driver's license or for a renewal	1624
or duplicate of such a license under this chapter, if the	1625
applicant is eligible and wishes to be registered as an elector.	1626
The decision of an applicant whether to register as an elector	1627
shall be given no consideration in the decision of whether to	1628
issue the applicant a license or a renewal or duplicate.	1629

(E) The registrar or a deputy registrar, in accordance with	1630
section 3503.11 of the Revised Code, shall offer the opportunity	1631
of completing a notice of change of residence or change of name to	1632
any applicant for a commercial driver's license or for a renewal	1633
or duplicate of such a license who is a resident of this state, if	1634
the applicant is a registered elector who has changed the	1635
applicant's residence or name and has not filed such a notice.	1636

(F) In considering any application submitted pursuant to this	1637
section, the bureau of motor vehicles may conduct any inquiries	1638
necessary to ensure that issuance or renewal of a commercial	1639
driver's license would not violate any provision of the Revised	1640
Code or federal law.	1641

Sec. 4506.081. In addition to the fees collected under	1642
section 4506.08 of the Revised Code, the registrar or deputy	1643
registrar of motor vehicles shall ask each person applying for or	1644
renewing a commercial driver's license, restricted commercial	1645
driver's license, or duplicate whether the person wishes to make a	1646
one-dollar voluntary contribution to the second chance trust fund	1647
established under section ~~2108.15~~2108.34 of the Revised Code. The	1648
registrar or deputy registrar shall also make available to the	1649
person informational material provided by the department of health	1650
on the importance of organ, tissue, and eye donation.	1651

All donations collected under this section during each month	1652
shall be forwarded by the registrar or deputy registrar not later	1653
than the fifth day of the immediately following month to the	1654
treasurer of state, who shall deposit them in the second chance	1655
trust fund.	1656

Sec. 4506.11. (A) Every commercial driver's license shall be	1657
marked "commercial driver's license" or "CDL" and shall be of such	1658
material and so designed as to prevent its reproduction or	1659
alteration without ready detection, and, to this end, shall be	1660
laminated with a transparent plastic material. The commercial	1661
driver's license for licensees under twenty-one years of age shall	1662
have characteristics prescribed by the registrar of motor vehicles	1663
distinguishing it from that issued to a licensee who is twenty-one	1664
years of age or older. Every commercial driver's license shall	1665
display all of the following information:	1666

(1) The name and residence address of the licensee;

1667

(2) A color photograph of the licensee showing the licensee's	1668
uncovered face;	1669

(3) A physical description of the licensee, including sex,	1670
height, weight, and color of eyes and hair;	1671

(4) The licensee's date of birth;

1672

(5) The licensee's social security number if the person has	1673
requested that the number be displayed in accordance with section	1674
4501.31 of the Revised Code or if federal law requires the social	1675
security number to be displayed and any number or other identifier	1676
the director of public safety considers appropriate and	1677
establishes by rules adopted under Chapter 119. of the Revised	1678
Code and in compliance with federal law;	1679

(6) The licensee's signature;

1680

(7) The classes of commercial motor vehicles the licensee is	1681
authorized to drive and any endorsements or restrictions relating	1682
to the licensee's driving of those vehicles;	1683

(8) The name of this state;

1684

(9) The dates of issuance and of expiration of the license;

1685

(10) If the licensee has certified willingness to make an	1686
anatomical ~~donation~~gift under section ~~2108.04~~2108.05 of the	1687
Revised Code, any symbol chosen by the registrar of motor vehicles	1688
to indicate that the licensee has certified that willingness;	1689

(11) If the licensee has executed a durable power of attorney	1690
for health care or a declaration governing the use or	1691
continuation, or the withholding or withdrawal, of life-sustaining	1692
treatment and has specified that the licensee wishes the license	1693
to indicate that the licensee has executed either type of	1694
instrument, any symbol chosen by the registrar to indicate that	1695
the licensee has executed either type of instrument;	1696

(12) Any other information the registrar considers advisable	1697
and requires by rule.	1698

(B) The registrar may establish and maintain a file of	1699
negatives of photographs taken for the purposes of this section.	1700

(C) Neither the registrar nor any deputy registrar shall	1701
issue a commercial driver's license to anyone under twenty-one	1702
years of age that does not have the characteristics prescribed by	1703
the registrar distinguishing it from the commercial driver's	1704
license issued to persons who are twenty-one years of age or	1705
older.	1706

(D) Whoever violates division (C) of this section is guilty	1707
of a minor misdemeanor.	1708

Sec. 4507.06. (A)(1) Every application for a driver's	1709
license or motorcycle operator's license or endorsement, or	1710
duplicate of any such license or endorsement, shall be made upon	1711
the approved form furnished by the registrar of motor vehicles and	1712
shall be signed by the applicant.	1713

Every application shall state the following:

1714

(a) The applicant's name, date of birth, social security	1715
number if such has been assigned, sex, general description,	1716
including height, weight, color of hair, and eyes, residence	1717
address, including county of residence, duration of residence in	1718
this state, and country of citizenship;	1719

(b) Whether the applicant previously has been licensed as an	1720
operator, chauffeur, driver, commercial driver, or motorcycle	1721
operator and, if so, when, by what state, and whether such license	1722
is suspended or canceled at the present time and, if so, the date	1723
of and reason for the suspension or cancellation;	1724

(c) Whether the applicant is now or ever has been afflicted	1725
with epilepsy, or whether the applicant now is suffering from any	1726
physical or mental disability or disease and, if so, the nature	1727
and extent of the disability or disease, giving the names and	1728
addresses of physicians then or previously in attendance upon the	1729
applicant;	1730

(d) Whether an applicant for a duplicate driver's license, or	1731
duplicate license containing a motorcycle operator endorsement has	1732
pending a citation for violation of any motor vehicle law or	1733
ordinance, a description of any such citation pending, and the	1734
date of the citation;	1735

(e) Whether the applicant wishes to certify willingness to	1736
make an anatomical gift under section ~~2108.04~~2108.05 of the	1737
Revised Code, which shall be given no consideration in the	1738
issuance of a license or endorsement;	1739

(f) Whether the applicant has executed a valid durable power	1740
of attorney for health care pursuant to sections 1337.11 to	1741
1337.17 of the Revised Code or has executed a declaration	1742
governing the use or continuation, or the withholding or	1743
withdrawal, of life-sustaining treatment pursuant to sections	1744
2133.01 to 2133.15 of the Revised Code and, if the applicant has	1745
executed either type of instrument, whether the applicant wishes	1746
the applicant's license to indicate that the applicant has	1747
executed the instrument.	1748

(2) Every applicant for a driver's license shall be	1749
photographed in color at the time the application for the license	1750
is made. The application shall state any additional information	1751
that the registrar requires.	1752

(B) The registrar or a deputy registrar, in accordance with	1753
section 3503.11 of the Revised Code, shall register as an elector	1754
any person who applies for a driver's license or motorcycle	1755
operator's license or endorsement under division (A) of this	1756
section, or for a renewal or duplicate of the license or	1757
endorsement, if the applicant is eligible and wishes to be	1758
registered as an elector. The decision of an applicant whether to	1759
register as an elector shall be given no consideration in the	1760
decision of whether to issue the applicant a license or	1761
endorsement, or a renewal or duplicate.	1762

(C) The registrar or a deputy registrar, in accordance with	1763
section 3503.11 of the Revised Code, shall offer the opportunity	1764
of completing a notice of change of residence or change of name to	1765
any applicant for a driver's license or endorsement under division	1766
(A) of this section, or for a renewal or duplicate of the license	1767
or endorsement, if the applicant is a registered elector who has	1768
changed the applicant's residence or name and has not filed such a	1769
notice.	1770

Sec. 4507.231. In addition to the fees collected under	1771
section 4507.23 of the Revised Code, the registrar or deputy	1772
registrar of motor vehicles shall ask each person applying for or	1773
renewing a driver's license, motorcycle operator's endorsement, or	1774
duplicate whether the person wishes to make a one-dollar voluntary	1775
contribution to the second chance trust fund established under	1776
section ~~2108.15~~2108.34 of the Revised Code. The registrar or	1777
deputy registrar shall also make available to the person	1778
informational material provided by the department of health on the	1779
importance of organ, tissue, and eye donation.	1780

All donations collected under this section during each month	1781
shall be forwarded by the registrar or deputy registrar not later	1782
than the fifth day of the immediately following month to the	1783
treasurer of state, who shall deposit them in the second chance	1784
trust fund.	1785

Sec. 4507.501. In addition to the fees collected under	1786
section 4507.50 of the Revised Code, the registrar or deputy	1787
registrar of motor vehicles shall ask each applicant for an	1788
identification card or duplicate under section 4507.51 of the	1789
Revised Code whether the person wishes to make a one-dollar	1790
voluntary contribution to the second chance trust fund established	1791
under section ~~2108.15~~2108.34 of the Revised Code. The registrar	1792
or deputy registrar shall also make available to the person	1793
informational material provided by the department of health on the	1794
importance of organ, tissue, and eye donation.	1795

All donations collected under this section during each month	1796
shall be forwarded by the registrar or deputy registrar not later	1797
than the fifth day of the immediately following month to the	1798
treasurer of state, who shall deposit them in the second chance	1799
trust fund.	1800

Sec. 4507.51. (A)(1) Every application for an identification	1801
card or duplicate shall be made on a form furnished by the	1802
registrar of motor vehicles, shall be signed by the applicant, and	1803
by the applicant's parent or guardian if the applicant is under	1804
eighteen years of age, and shall contain the following information	1805
pertaining to the applicant: name, date of birth, sex, general	1806
description including the applicant's height, weight, hair color,	1807
and eye color, address, and social security number. The	1808
application also shall state whether an applicant wishes to	1809
certify willingness to make an anatomical gift under section	1810
~~2108.04~~2108.05 of the Revised Code and shall include information	1811
about the requirements of ~~that section~~sections 2108.01 to 2108.28	1812
of the Revised Code that apply to persons who are less than	1813
eighteen years of age. The statement regarding willingness to make	1814
such a donation shall be given no consideration in the decision of	1815
whether to issue an identification card. Each applicant shall be	1816
photographed in color at the time of making application.	1817

(2) The application also shall state whether the applicant	1818
has executed a valid durable power of attorney for health care	1819
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	1820
executed a declaration governing the use or continuation, or the	1821
withholding or withdrawal, of life-sustaining treatment pursuant	1822
to sections 2133.01 to 2133.15 of the Revised Code and, if the	1823
applicant has executed either type of instrument, whether the	1824
applicant wishes the identification card issued to indicate that	1825
the applicant has executed the instrument.	1826

(3) The registrar or deputy registrar, in accordance with	1827
section 3503.11 of the Revised Code, shall register as an elector	1828
any person who applies for an identification card or duplicate if	1829
the applicant is eligible and wishes to be registered as an	1830
elector. The decision of an applicant whether to register as an	1831
elector shall be given no consideration in the decision of whether	1832
to issue the applicant an identification card or duplicate.	1833

(B) The application for an identification card or duplicate	1834
shall be filed in the office of the registrar or deputy registrar.	1835
Each applicant shall present documentary evidence as required by	1836
the registrar of the applicant's age and identity, and the	1837
applicant shall swear that all information given is true.	1838

All applications for an identification card or duplicate	1839
shall be filed in duplicate, and if submitted to a deputy	1840
registrar, a copy shall be forwarded to the registrar. The	1841
registrar shall prescribe rules for the manner in which a deputy	1842
registrar is to file and maintain applications and other records.	1843
The registrar shall maintain a suitable, indexed record of all	1844
applications denied and cards issued or canceled.	1845

Sec. 4508.021. (A) As used in this section:

1846

(1) "State agency" has the same meaning as in section 1.60 of	1847
the Revised Code.	1848

(2) "Electronic medium" means a video cassette tape, CD-ROM,	1849
interactive videodisc, or other format used to convey information	1850
to students through electronic means.	1851

(B) The classroom instruction required by division (C) of	1852
section 4508.02 of the Revised Code shall include the	1853
dissemination of information regarding anatomical gifts and	1854
anatomical gift procedures or a presentation and discussion of	1855
such gifts and procedures in accordance with this section. The	1856
second chance trust fund advisory committee created under section	1857
~~2108.17~~2108.35 of the Revised Code shall approve any brochure,	1858
written material, or electronic medium used by a driver training	1859
school to provide information to students regarding anatomical	1860
gifts and anatomical gift procedures. However, the committee shall	1861
not approve any such brochure, written material, or electronic	1862
medium that contains religious content for use in a driver	1863
education course conducted by a school district or educational	1864
service center.	1865

(C)(1) If any brochure or other written material approved by	1866
the committee under division (B) of this section is made available	1867
to a driver training school at no cost, the instructor shall	1868
provide such brochure or material to students.	1869

(2) If any electronic medium that is less than twenty minutes	1870
in length and that is approved by the committee under division (B)	1871
of this section is made available to a driver training school at	1872
no cost, the instructor shall show the electronic medium to	1873
students, provided that the school maintains operable viewing	1874
equipment. If more than one such electronic medium is made	1875
available to a school in accordance with this division, the	1876
instructor shall select one electronic medium from among those	1877
received by the school to show to students.	1878

(3) If no electronic medium is shown to students as specified	1879
in division (C)(2) of this section, the instructor shall organize	1880
a classroom presentation and discussion regarding anatomical gifts	1881
and anatomical gift procedures. The instructor may arrange for	1882
the presentation to be conducted by an employee of the department	1883
of health or any other state agency, an employee or volunteer of	1884
the second chance trust fund, an employee or volunteer of any	1885
organization involved in the procurement of organ donations, an	1886
organ donor, an organ recipient, an employee or volunteer of a	1887
tissue or eye bank, or a tissue or corneal transplant recipient,	1888
provided that no such person charges a fee to the school for the	1889
presentation. However, no such presentation that contains	1890
religious content shall be made to students of a driver education	1891
course conducted by a school district or educational service	1892
center. Students shall be granted the opportunity to ask questions	1893
on anatomical gifts and anatomical gift procedures during the	1894
presentation and discussion.	1895

Nothing in this section shall prohibit an instructor from	1896
also organizing a classroom presentation and discussion regarding	1897
anatomical gifts and anatomical gift procedures in accordance with	1898
this division if the instructor shows an electronic medium to	1899
students pursuant to division (C)(2) of this section.	1900

(D) No student shall be required to participate in any	1901
instruction in anatomical gifts or anatomical gift procedures	1902
conducted under this section upon written notification from the	1903
student's parent or guardian, or the student if the student is	1904
over eighteen years of age, that such instruction conflicts with	1905
the religious convictions of the student or the student's parent	1906
or guardian. If a student is excused from such instruction, the	1907
instructor shall give the student an alternative assignment.	1908

Sec. 4717.17. ~~A funeral director may designate in writing an~~	1909
~~eye bank, tissue bank, or both with which the funeral director~~	1910
~~will cooperate concerning retrieval of usable eyes and tissues~~	1911
~~that have been donated.~~	1912

~~An eye or tissue bank designated under this section has the~~	1913
~~property right specified in section 2108.02 of the Revised Code.~~	1914

A funeral director acting in good faith is not liable in	1915
damages for injury resulting from acting or attempting to act in	1916
accordance with ~~the donor's declaration under section 2108.04~~	1917
sections 2108.01 to 2108.28 of the Revised Code ofregarding an	1918
anatomical gift.	1919

Section 2. That existing sections 124.04, 313.13, 313.23,	1920
313.30, 2105.35, 2108.09, 2108.11, 2108.15, 2108.17, 2108.18,	1921
2108.19, 2108.20, 2108.21, 2108.30, 2108.78, 2108.99, 2133.07,	1922
2133.16, 3301.07, 4501.024, 4503.721, 4506.07, 4506.081, 4506.11,	1923
4507.06, 4507.231, 4507.501, 4507.51, 4508.021, and 4717.17 and	1924
sections 2108.01, 2108.02, 2108.021, 2108.03, 2108.04, 2108.05,	1925
2108.06, 2108.07, 2108.071, 2108.08, 2108.10, 2108.101, 2108.12,	1926
2108.53, and 2108.60 of the Revised Code are hereby repealed.	1927