As Passed by the House

127th General Assembly
Regular Session
2007-2008
Sub. 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, Schindel, Jones, Boyd, DeBose, Letson, Fende, Hagan, R., Bacon, Batchelder, Blessing, Chandler, Coley, Dolan, Domenick, Driehaus, Gibbs, Hagan, J., Harwood, Hughes, Raussen, Schlichter, Schneider, Szollosi, Williams, B. 

A BILL
To amend sections 124.04, 313.23, 2105.35, 2108.09, 1
2108.11, 2108.15, 2108.17, 2108.18, 2108.19, 2
2108.20, 2108.21, 2108.30, 2108.78, 2108.99, 3
2133.01, 2133.07, 2133.16, 2305.37, 2919.16, 4
3301.07, 4501.024, 4503.721, 4506.07, 4506.081, 5
4506.11, 4507.06, 4507.231, 4507.501, 4507.51, 6
4508.021, and 4717.17, to amend, for the purpose 7
of adopting new section numbers as indicated in 8
parentheses, sections 2108.09 (2108.02), 2108.11 9
(2108.30), 2108.15 (2108.34), 2108.17 (2108.35), 10
2108.18 (2108.23), 2108.19 (2108.32), 2108.20 11
(2108.33), 2108.21 (2108.31), and 2108.30 12
(2108.40), to enact new sections 2108.01, 13
2108.03, 2108.04, 2108.05, 2108.06, 2108.07, 14
2108.08, 2108.09, 2108.10, 2108.11, 2108.12, 15
2108.15, 2108.17, 2108.18, 2108.19, 2108.20, and 16
2108.21, and sections 2108.13, 2108.14, 2108.16, 17
2108.22, 2108.24, 2108.25, 2108.26, 2108.261, 18
2108.262, 2108.263, 2108.264, 2108.265, 2108.266, 19
2108.267, 2108.268, 2108.269, 2108.27, 2108.271, 20
2108.272, 2108.28, and 2108.29 and to repeal 21
sections 2108.01, 2108.02, 2108.021, 2108.03, 22
2108.04, 2108.05, 2108.06, 2108.07, 2108.071, 23
2108.08, 2108.10, 2108.101, 2108.12, 2108.53, and 24
2108.60 of the Revised Code to adopt the Revised 25
Uniform Anatomical Gift Act.26


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

       Section 1. That sections 124.04, 313.23, 2105.35, 2108.09, 27
2108.11, 2108.15, 2108.17, 2108.18, 2108.19, 2108.20, 2108.21, 28
2108.30, 2108.78, 2108.99, 2133.01, 2133.07, 2133.16, 2305.37, 29
2919.16, 3301.07, 4501.024, 4503.721, 4506.07, 4506.081, 30
4506.11, 4507.06, 4507.231, 4507.501, 4507.51, 4508.021, and 31
4717.17 be amended, sections 2108.09 (2108.02), 2108.11 32
(2108.30), 2108.15 (2108.34), 2108.17 (2108.35), 2108.18 33
(2108.23), 2108.19 (2108.32), 2108.20 (2108.33), 2108.21 34
(2108.31), and 2108.30 (2108.40) be amended for the purpose of 35
adopting new section numbers as indicated in parentheses, and new 36
sections 2108.01, 2108.03, 2108.04, 2108.05, 2108.06, 2108.07, 37
2108.08, 2108.09, 2108.10, 2108.11, 2108.12, 2108.15, 2108.17, 38
2108.18, 2108.19, 2108.20, and 2108.21, and sections 2108.13, 39
2108.14, 2108.16, 2108.22, 2108.24, 2108.25, 2108.26, 2108.261, 40
2108.262, 2108.263, 2108.264, 2108.265, 2108.266, 2108.267, 41
2108.268, 2108.269, 2108.27, 2108.271, 2108.272, 2108.28, and 42
2108.29 of the Revised Code be enacted to read as follows:43

       Sec. 124.04.  In addition to those powers enumerated in44
Chapters 123. and 125. of the Revised Code and as provided45
elsewhere by law, the powers, duties, and functions of the46
department of administrative services not specifically vested in47
and assigned to, or to be performed by, the state personnel board48
of review are hereby vested in and assigned to, and shall be49
performed by, the director of administrative services. These50
powers, duties, and functions shall include, but shall not be51
limited to, the following powers, duties, and functions:52

       (A) To prepare, conduct, and grade all competitive53
examinations for positions in the classified state service;54

       (B) To prepare, conduct, and grade all noncompetitive55
examinations for positions in the classified state service;56

       (C) To prepare eligible lists containing the names of persons 57
qualified for appointment to positions in the classified state 58
service;59

       (D) To prepare or amend, in accordance with section 124.14 of 60
the Revised Code, specifications descriptive of duties,61
responsibilities, requirements, and desirable qualifications of62
the various classifications of positions in the state service;63

       (E) To allocate and reallocate, upon the motion of the64
director or upon request of an appointing authority and in65
accordance with section 124.14 of the Revised Code, any position,66
office, or employment in the state service to the appropriate67
classification on the basis of the duties, responsibilities,68
requirements, and qualifications of that position, office, or69
employment;70

       (F) To develop and conduct personnel recruitment services for 71
positions in the state service;72

       (G) To conduct research on specifications, classifications,73
and salaries of positions in the state service;74

       (H) To develop and conduct personnel training programs,75
including supervisory training programs and best practices plans,76
and to develop merit hiring processes, in cooperation with77
appointing authorities;78

       (I) To include periodically in communications sent to state79
employees both of the following:80

       (1) Information developed under section 2108.152108.34 of 81
the Revised Code promoting the donation of anatomical gifts under82
Chapter 2108. of the Revised Code;83

       (2) Information about the liver or kidney donor and bone84
marrow donor leave granted under section 124.139 of the Revised85
Code.86

       (J) To enter into agreements with universities and colleges87
for in-service training of officers and employees in the civil 88
service and to assist appointing authorities in recruiting89
qualified applicants;90

       (K) To appoint examiners, inspectors, clerks, and other91
assistants necessary in the exercise of the powers and performance 92
of the duties and functions which the director is by law 93
authorized and required to exercise and perform, and to prescribe 94
the duties of all of those employees;95

       (L) To maintain a journal, which shall be open to public96
inspection, in which the director shall keep a record of the97
director's final decision pertaining to the classification or98
reclassification of positions in the classified civil service of 99
the state and assignment or reassignment of employees in the 100
classified civil service of the state to specific position 101
classifications;102

       (M) To delegate any of the powers, functions, or duties103
granted or assigned to the director under this chapter to any104
other state agency of this state as the director considers105
necessary;106

       (N) To delegate any of the powers, functions, or duties107
granted or assigned to the director under this chapter to any108
political subdivision with the concurrence of the legislative109
authority of the political subdivision.110

       Sec. 313.23.  (A) As used in this section:111

       (1) "Interested person" means an employee of the coroner's 112
office, a physician, dentist, nurse, professor at a medical 113
school, medical student, medical resident, nursing student, an 114
employee of a recovery agencyprocurement organization, a member 115
of a law enforcement agency, or any other person the coroner, in 116
the coroner's discretion, determines is appropriate.117

       (2) "Recovery agencyProcurement organization" has the same 118
meaning as in section 2108.01 of the Revised Code.119

       (B) The coroner may allow an interested person to view an 120
autopsy of a decedent without the interested person receiving 121
permission to view the decedent's autopsy from the decedent's next 122
of kin.123

       (C) No person who is under eighteen years of age and who is 124
not an interested person may view an autopsy.125

       Sec. 2105.35. (A)(1) A person is dead if the person has been 126
determined to be dead pursuant to standards established under127
section 2108.302108.40 of the Revised Code.128

       (2) A physician who makes a determination of death in129
accordance with section 2108.302108.40 of the Revised Code and 130
any person who acts in good faith in reliance on a determination 131
of death made by a physician in accordance with that section is 132
entitled to the immunity conveyed by that section.133

       (B) A certified or authenticated copy of a death certificate134
purporting to be issued by an official or agency of the place135
where the death of a person purportedly occurred is prima-facie136
evidence of the fact, place, date, and time of the person's death137
and the identity of the decedent.138

       (C) A certified or authenticated copy of any record or report 139
of a domestic or foreign governmental agency that a person is 140
missing, detained, dead, or alive is prima-facie evidence of the 141
status and of the dates, circumstances, and places disclosed by 142
the record or report.143

       (D) In the absence of prima-facie evidence of death under144
division (B) or (C) of this section, the fact of death may be145
established by clear and convincing evidence, including146
circumstantial evidence.147

       (E) Except as provided in division (F) of this section, a148
presumption of the death of a person arises:149

       (1) When the person has disappeared and been continuously150
absent from the person's place of last domicile for a five-year151
period without being heard from during the period;152

       (2) When the person has disappeared and been continuously153
absent from the person's place of last domicile without being154
heard from and was at the beginning of the person's absence155
exposed to a specific peril of death, even though the absence has156
continued for less than a five-year period.157

       (F) When a person who is on active duty in the armed services158
of the United States has been officially determined to be absent159
in a status of "missing" or "missing in action," a presumption of160
death arises when the head of the federal department concerned has161
made a finding of death pursuant to the "Federal Missing Persons162
Act," 80 Stat. 625 (1966), 37 U.S.C.A. 551, as amended.163

       (G) In the absence of evidence disputing the time of death164
stipulated on a document described in division (B) or (C) of this165
section, a document described in either of those divisions that166
stipulates a time of death one hundred twenty hours or more after167
the time of death of another person, however the time of death of168
the other person is determined, establishes by clear and169
convincing evidence that the person survived the other person by170
one hundred twenty hours.171

       (H) The provisions of divisions (A) to (G) of this section172
are in addition to any other provisions of the Revised Code, the173
Rules of Criminal Procedure, or the Rules of Evidence that pertain174
to the determination of death and status of a person.175

       Sec. 2108.01.  As used in sections 2108.02 to 2108.35 of the 176
Revised Code:177

       (A) "Adult" means an individual who is at least eighteen 178
years of age.179

       (B) "Agent" means an individual who is either of the 180
following:181

       (1) The principal's attorney in fact under a durable power 182
of attorney for health care;183

       (2) Expressly authorized to make an anatomical gift on the 184
principal's behalf by any other record signed by the principal.185

       (C) "Anatomical gift" means a donation of all or part of a 186
human body to take effect after the donor's death for the purpose 187
of transplantation, therapy, research, or education.188

       (D) "Decedent" means a deceased individual whose body or part 189
is or may be the source of an anatomical gift. The term includes a 190
stillborn infant and, subject to restrictions imposed by law other 191
than sections 2108.01 to 2108.29 of the Revised Code, a fetus.192

       (E) "Disinterested witness" means a witness other than a 193
spouse, child, parent, sibling, grandchild, grandparent, or 194
guardian of the individual who makes, amends, revokes, or refuses 195
to make an anatomical gift, or another adult who exhibited special 196
care and concern for the individual. "Disinterested witness" does 197
not include a person to which an anatomical gift could pass under 198
section 2108.11 of the Revised Code.199

       (F) "Document of gift" means a donor card or other record 200
used to make an anatomical gift. "Document of gift" includes a 201
statement or symbol on a driver's license or identification card 202
or in the donor registry.203

       (G) "Donor" means an individual whose body or part is the 204
subject of an anatomical gift.205

       (H) "Donor registry" means a database that contains records 206
of anatomical gifts and amendments to or revocations of anatomical 207
gifts.208

       (I) "Driver's license" means a license or permit issued by 209
the registrar of motor vehicles, or a deputy registrar, to operate 210
a vehicle, whether or not conditions are attached to the license 211
or permit and includes a driver's license, commercial driver's 212
license, and a motorcycle operator's license or endorsement.213

       (J) "Durable power of attorney for health care" means a 214
document created pursuant to sections 1337.11 to 1337.17 of the 215
Revised Code.216

       (K) "Eye bank" means a person conducting operations in this 217
state that is licensed, accredited, or regulated under federal or 218
state law to engage in the recovery, screening, testing, 219
processing, storage, or distribution of human eyes or portions of 220
human eyes.221

       (L) "Guardian" means a person appointed by a court to make 222
decisions regarding the support, care, education, health, or 223
welfare of an individual. "Guardian" does not include a guardian 224
ad litem.225

       (M) "Hospital" has the same meaning as in section 3727.01 of 226
the Revised Code.227

       (N) "Identification card" means an identification card issued 228
by the registrar of motor vehicles or a deputy registrar.229

       (O) "Know" means to have actual knowledge.230

       (P) "Minor" means an individual who is under eighteen years 231
of age.232

       (Q) "Organ procurement organization" means a person 233
conducting operations in this state that is designated by the 234
secretary of the United States department of health and human 235
services as an organ procurement organization.236

       (R) "Parent" means a parent whose parental rights have not 237
been terminated.238

       (S) "Part" means an organ, an eye, or tissue of a human 239
being. "Part" does not include the whole body.240

       (T) "Person" means an individual, corporation, business 241
trust, estate, trust, partnership, limited liability company, 242
association, joint venture, public corporation, government or 243
governmental subdivision, agency, or instrumentality, or any other 244
legal or commercial entity.245

       (U) "Physician" means an individual authorized under Chapter 246
4731. of the Revised Code to practice medicine and surgery, 247
osteopathic medicine and surgery, or podiatric medicine and 248
surgery, or an individual authorized under the laws of any other 249
state to practice medicine and surgery, osteopathic medicine and 250
surgery, or podiatric medicine and surgery.251

       (V) "Procurement organization" means an eye bank, organ 252
procurement organization, or tissue bank.253

       (W) "Prospective donor" means an individual who is dead or 254
near death and has been determined by a procurement organization 255
to have a part that could be medically suitable for 256
transplantation, therapy, research, or education. "Prospective 257
donor" does not include an individual who has made a refusal.258

       (X) "Reasonably available" means able to be contacted by a 259
procurement organization without undue effort and willing and able 260
to act in a timely manner consistent with existing medical 261
criteria necessary for the making of an anatomical gift.262

       (Y) "Recipient" means an individual into whose body a 263
decedent's part has been or is intended to be transplanted.264

       (Z) "Record" means information that is inscribed on a 265
tangible medium or that is stored in an electronic or other medium 266
and is retrievable in perceivable form.267

       (AA) "Refusal" means a record created under section 2108.07 268
of the Revised Code that expressly states an intent to bar other 269
persons from making an anatomical gift of an individual's body or 270
part.271

       (BB) "Sign" means to do either of the following with the 272
present intent to authenticate or adopt a record:273

       (1) Execute or adopt a tangible symbol;274

       (2) Attach to or logically associate with the record an 275
electronic symbol, sound, or process.276

       (CC) "Technician" means an individual determined to be 277
qualified to remove or process parts by an appropriate 278
organization that is licensed, accredited, or regulated under 279
federal or state law. "Technician" includes an enucleator and an 280
embalmer licensed pursuant to Chapter 4717. of the Revised Code 281
who has completed a course in eye enucleation and has received a 282
certificate of competency to that effect from a school of medicine 283
recognized by the state medical board or from an eye bank that is 284
a member of the eye bank association of America.285

       (DD) "Tissue" means a portion of the human body other than an 286
organ or an eye. "Tissue" does not include blood unless the blood 287
is donated for the purpose of research or education.288

       (EE) "Tissue bank" means a person conducting operations in 289
this state that is licensed, accredited, or regulated under 290
federal or state law to engage in the recovery, screening, 291
testing, processing, storage, or distribution of tissue.292

       (FF) "Transplant hospital" means a hospital that furnishes 293
organ transplants and other medical and surgical specialty 294
services required for the care of transplant patients.295

       Sec. 2108.09.        Sec. 2108.02.  Sections 2108.01 to 2108.09, 296
inclusive,2108.29 of the Revised Code, are enacted to adopt the 297
Revised Uniform Anatomical Gift Act (1968)(2006), national298
conference of commissioners on uniform state laws, and shall be 299
construed so as to effectuate its general purpose to make uniform 300
the law of those states which enact it.301

       Sec. 2108.03.  Sections 2108.01 to 2108.29 of the Revised 302
Code apply to an anatomical gift or amendment to, revocation of, 303
or refusal to make an anatomical gift, whenever made.304

       Sec. 2108.04.  Subject to section 2108.08 of the Revised 305
Code, an anatomical gift of a donor's body or part may be made 306
during the life of the donor for the purpose of transplantation, 307
therapy, research, or education in the manner provided in section 308
2108.05 of the Revised Code by any of the following:309

       (A) The donor, if the donor is an adult or if the donor is a 310
minor and either of the following applies:311

       (1) The donor is emancipated.312

       (2) The donor is authorized to apply for a temporary 313
instruction permit issued under section 4507.05 of the Revised 314
Code because the donor is at least fifteen years and six months 315
of age.316

       (B) An agent of the donor, unless the durable power of 317
attorney for health care or other record prohibits the agent from 318
making an anatomical gift;319

       (C) A parent of the donor, if the donor is an unemancipated 320
minor;321

       (D) The donor's guardian.322

       Sec. 2108.05.  (A) A donor may make an anatomical gift by 323
doing any of the following:324

       (1) Authorizing a statement or symbol to be imprinted on the 325
donor's driver's license or identification card indicating that 326
the donor has certified a willingness to make an anatomical gift;327

       (2) Specifying in the donor's will an intent to make an 328
anatomical gift;329

       (3) Specifying an intent to make an anatomical gift in the 330
donor's declaration as described in section 2133.16 of the Revised 331
Code;332

       (4) During a terminal illness or injury of the donor, 333
communicating in any manner to a minimum of two adults, at least 334
one of whom is a disinterested witness, that the donor intends to 335
make an anatomical gift;336

       (5) Following the procedure in division (B) of this section.337

       (B) A donor or other person authorized to make an anatomical 338
gift under section 2108.04 of the Revised Code may make a gift by 339
a donor card or other record signed by the donor or other person 340
making the gift or by authorizing that a statement or symbol 341
indicating that the donor has certified a willingness to make an 342
anatomical gift be included in a donor registry. If the donor or 343
other person is physically unable to sign a record, the record 344
may be signed by another individual at the direction of the donor 345
or other person and shall do both of the following:346

       (1) Be witnessed by at least two adults, at least one of whom 347
is a disinterested witness, who have signed at the request of the 348
donor or the other person;349

       (2) State that it has been signed and witnessed as provided 350
in division (B)(1) of this section.351

       (C) Revocation, suspension, expiration, or cancellation of a 352
driver's license or identification card upon which an anatomical 353
gift is indicated does not invalidate the gift.354

       (D) An anatomical gift made by will takes effect on the 355
donor's death whether or not the will is probated. Invalidation of 356
the will after the donor's death does not invalidate the gift.357

       Sec. 2108.06. (A) Subject to section 2108.08 of the Revised 358
Code, an anatomical gift made under section 2108.04 of the Revised 359
Code may be amended by any of the following means:360

       (1) By a record signed by the donor or other person 361
authorized to make an anatomical gift under section 2108.04 of the 362
Revised Code;363

       (2) Subject to division (C) of this section, by a record 364
signed by another individual acting at the direction of the donor 365
or other person authorized to make an anatomical gift under 366
section 2108.04 of the Revised Code if the donor or other person 367
is physically unable to sign;368

       (3) By a later-executed document of gift that amends a 369
previous anatomical gift or portion of an anatomical gift, either 370
expressly or by inconsistency;371

       (4) If not made in a will, by any form of communication 372
during a terminal illness or injury addressed to at least two 373
adults, at least one of whom is a disinterested witness;374

       (5) If made in a will, by the manner provided for amendment 375
of wills;376

       (6) By a parent who is reasonably available, if the donor is 377
an unemancipated minor who has died.378

       (B) Subject to section 2108.08 of the Revised Code, an 379
anatomical gift made under section 2108.04 of the Revised Code may 380
be revoked by any of the following means:381

       (1) By a record signed by the donor or other person 382
authorized to make an anatomical gift under section 2108.04 of the 383
Revised Code;384

       (2) Subject to division (C) of this section, by a record 385
signed by another individual acting at the direction of the donor 386
or other person authorized to make an anatomical gift under 387
section 2108.04 of the Revised Code if the donor or other person 388
is physically unable to sign;389

       (3) By a later-executed document of gift that revokes a 390
previous anatomical gift or portion of an anatomical gift, either 391
expressly or by inconsistency;392

       (4) If not made in a will, by any form of communication 393
during a terminal illness or injury addressed to at least two 394
adults, at least one of whom is a disinterested witness;395

       (5) If made in a will, by the manner provided for revocation 396
of wills;397

       (6) By a parent who is reasonably available, if the donor is 398
an unemancipated minor who has died;399

       (7) By the destruction or cancellation of the document of 400
gift, or the portion of the document of gift, used to make the 401
gift, with the intent to revoke the gift.402

       (C) A record signed pursuant to division (A)(2) or (B)(2) of 403
this section shall do both of the following:404

       (1) Be witnessed by a minimum of two adults, at least one of 405
whom is a disinterested witness, who have signed at the request of 406
the donor or other person;407

       (2) State that it has been signed and witnessed as provided 408
in division (C)(1) of this section.409

       Sec. 2108.07.  (A) An individual may refuse to make an 410
anatomical gift of the individual's body or part by doing any of 411
the following:412

       (1) Indicating a refusal in a record signed by either of the 413
following:414

       (a) The individual;415

       (b) Subject to division (B) of this section, another 416
individual acting at the direction of the individual, if the 417
individual is physically unable to sign.418

       (2) Indicating a refusal in the individual's will, whether or 419
not the will is admitted to probate or invalidated after the 420
individual's death;421

       (3) Indicating a refusal by any form of communication made by 422
the individual during the individual's terminal illness or injury 423
addressed to a minimum of two adults, at least one of whom is a 424
disinterested witness.425

       (B) A record signed pursuant to division (A)(1)(b) of this 426
section shall do both of the following:427

       (1) Be witnessed by at least two adults, at least one of whom 428
is a disinterested witness, who have signed at the request of the 429
individual;430

       (2) State that it has been signed and witnessed as provided 431
in division (B)(1) of this section.432

       (C) An individual who has made a refusal may amend or revoke 433
the refusal by doing any of the following:434

       (1) Amending or revoking the refusal in the manner provided 435
in division (A) of this section for making a refusal;436

       (2) Subsequently making an anatomical gift pursuant to 437
section 2108.05 of the Revised Code that is inconsistent with the 438
refusal;439

       (3) Destroying or canceling the record evidencing the 440
refusal, or the portion of the record used to make the refusal, 441
with the intent to revoke the refusal.442

       (D) Except as provided in division (E) of this section, in 443
the absence of an express, contrary indication by the individual 444
set forth in the refusal, an individual's unrevoked refusal to 445
make an anatomical gift of the individual's body or part bars all 446
other persons from making an anatomical gift of the individual's 447
body or part.448

       (E) The parent of a deceased unemancipated minor who is 449
reasonably available may revoke a refusal made by the minor. 450

       Sec. 2108.08.  (A) Subject to division (F) of this section, 451
in the absence of an express, contrary indication by the donor, a 452
person other than the donor shall be barred from making, amending, 453
or revoking an anatomical gift of a donor's body or part if the 454
donor made an anatomical gift of the donor's body or part under 455
section 2108.05 of the Revised Code or an amendment to an 456
anatomical gift of the donor's body or part under section 2108.06 457
of the Revised Code.458

       (B) A donor's revocation of an anatomical gift of the donor's 459
body or part under section 2108.06 of the Revised Code is not a 460
refusal and shall not bar another person specified in section 461
2108.04 or 2108.09 of the Revised Code from making an anatomical 462
gift of the donor's body or part under section 2108.05 or 2108.10 463
of the Revised Code.464

       (C) If a person other than the donor makes an unrevoked 465
anatomical gift of the donor's body or part under section 2108.05 466
of the Revised Code or an amendment to an anatomical gift of the 467
donor's body or part under section 2108.06 of the Revised Code, 468
another person shall not make, amend, or revoke the gift of the 469
donor's body or part under section 2108.10 of the Revised Code.470

       (D) A revocation of an anatomical gift of a donor's body or 471
part under section 2108.06 of the Revised Code by a person other 472
than the donor shall not bar another person from making an 473
anatomical gift of the body or part under section 2108.05 or 474
2108.10 of the Revised Code.475

       (E) In the absence of an express, contrary indication by the 476
donor or other person authorized to make an anatomical gift under 477
section 2108.04 of the Revised Code, an anatomical gift of a part 478
is neither a refusal to give another part nor a limitation on the 479
making of an anatomical gift of another part at a later time by 480
the donor or another person.481

       (F) In the absence of an express, contrary indication by the 482
donor or other person authorized to make an anatomical gift under 483
section 2108.04 of the Revised Code, an anatomical gift of a part 484
for one or more of the purposes set forth in section 2108.04 of 485
the Revised Code shall not be a limitation on the making of an 486
anatomical gift of the part for any of the other purposes by the 487
donor or other person under section 2108.05 or 2108.10 of the 488
Revised Code.489

       Sec. 2108.09.  (A) Subject to divisions (B) and (C) of this 490
section, and unless barred by section 2108.07 or 2108.08 of the 491
Revised Code, an anatomical gift of a decedent's body or part for 492
purpose of transplantation, therapy, research, or education may be 493
made in the manner provided for under section 2108.10 of the 494
Revised Code by any member of the following classes of persons who 495
is reasonably available, in the following order of priority:496

       (1) An agent of the decedent at the time of death who could 497
have made an anatomical gift under division (B) of section 2108.04 498
of the Revised Code immediately before the decedent's death;499

       (2) The decedent's surviving spouse;500

       (3) The decedent's surviving adult children;501

       (4) The decedent's surviving parent or parents;502

       (5) The decedent's surviving adult siblings;503

       (6) The decedent's surviving adult grandchildren;504

       (7) The decedent's surviving grandparent or grandparents;505

       (8) A surviving adult who exhibited special care and concern 506
for the decedent;507

       (9) The persons who were acting as the guardians of the 508
person of the decedent at the time of death;509

       (10) The persons, other than those in divisions (A)(1) to 510
(9) of this section, to whom the right of disposition for the 511
decedent's body has been assigned pursuant to section 2108.70 of 512
the Revised Code or who have the right of disposition for the 513
decedent's body as described in section 2108.81 of the Revised 514
Code.515

       (B) If there is more than one member of a class listed in 516
division (A)(1), (3), (4), (5), (6), (7), or (9) of this section 517
entitled to make an anatomical gift, an anatomical gift may be 518
made by a single member of the class unless that member or a 519
person to which the gift may pass under section 2108.11 of the 520
Revised Code knows of an objection by another member of the 521
class. If an objection is known, the gift may be made only by a 522
majority of the members of the class who are reasonably 523
available.524

       (C) A person shall not make an anatomical gift if, at the 525
time of the decedent's death, a person in a prior class under 526
division (A) of this section is reasonably available to make or 527
object to the making of an anatomical gift.528

       Sec. 2108.10.  (A) A person authorized to make an anatomical 529
gift under section 2108.09 of the Revised Code may make an 530
anatomical gift by a document of gift signed by the person making 531
the gift or by that person's oral communication that is 532
electronically recorded or is contemporaneously reduced to a 533
record and signed by the individual receiving the oral 534
communication.535

       (B) Subject to division (C) of this section, an anatomical 536
gift made by a person authorized to make a gift under section 537
2108.09 of the Revised Code may be amended or revoked orally or 538
in a record by any member of a prior class who is reasonably 539
available. If more than one member of the prior class is 540
reasonably available, the gift made by a person authorized to 541
make a gift under section 2108.09 of the Revised Code may be 542
amended if a majority of the reasonably available members agree 543
to the amendment or revoked if at least half of the reasonably 544
available members agree to the revocation.545

       (C) A revocation under division (B) of this section shall be 546
effective only if the procurement organization, transplant 547
hospital, physician, or technician knows of the revocation, 548
before an incision has been made to remove a part from the 549
donor's body or before invasive procedures have begun to prepare 550
the recipient.551

       Sec. 2108.11.  (A) An anatomical gift may be made to any of 552
the following persons named in the document of gift:553

       (1) A hospital; an accredited medical school, dental school, 554
college, or university; an organ procurement organization; or 555
another appropriate person, for research or education;556

       (2) Subject to division (B) of this section, an individual 557
designated by the person making the anatomical gift if the 558
individual is the recipient of the part;559

       (3) An eye bank or tissue bank.560

       (B) If an anatomical gift to an individual under division 561
(A)(2) of this section cannot be transplanted into the individual, 562
the part shall pass in accordance with division (G) of this 563
section in the absence of an express, contrary indication by the 564
person making the anatomical gift.565

       (C) If an anatomical gift of one or more specific parts or of 566
all parts is made in a document of gift that does not name a 567
person described in division (A) of this section but identifies 568
the purpose for which an anatomical gift may be used, the 569
following rules apply:570

       (1) If the part is an eye and the gift is for the purpose of 571
transplantation or therapy, the gift shall pass to the appropriate 572
eye bank.573

       (2) If the part is tissue and the gift is for the purpose of 574
transplantation or therapy, the gift shall pass to the appropriate 575
tissue bank.576

       (3) If the part is an organ and the gift is for the purpose 577
of transplantation or therapy, the gift shall pass to the 578
appropriate organ procurement organization as custodian of the 579
organ.580

       (4) If the part is an organ, an eye, or tissue and the gift 581
is for the purpose of research or education, the gift shall pass 582
to the appropriate procurement organization.583

       (D) For the purpose of division (C) of this section, if there 584
is more than one purpose of an anatomical gift set forth in the 585
document of gift but the purposes are not set forth in any 586
priority, the gift shall be used for transplantation or therapy, 587
if suitable. If the gift cannot be used for transplantation or 588
therapy, the gift may be used for research or education.589

       (E) If an anatomical gift of one or more specific parts is 590
made in a document of gift that does not name a person described 591
in division (A) of this section and does not identify the purpose 592
of the gift, the gift shall be used only for transplantation or 593
therapy, and the gift shall pass in accordance with division (G) 594
of this section.595

       (F) If a document of gift specifies only a general intent to 596
make an anatomical gift by words such as "donor," "organ donor," 597
or "body donor," or by a symbol or statement of similar import, 598
the gift shall be used only for transplantation or therapy, and 599
the gift shall pass in accordance with division (G) of this 600
section.601

       (G) For purposes of divisions (B), (E), and (F) of this 602
section, the following rules apply:603

       (1) If the part is an eye, the gift shall pass to the 604
appropriate eye bank.605

       (2) If the part is tissue, the gift shall pass to the 606
appropriate tissue bank.607

       (3) If the part is an organ, the gift shall pass to the 608
appropriate organ procurement organization as custodian of the 609
organ.610

       (H) An anatomical gift of an organ for transplantation or 611
therapy, other than an anatomical gift under division (A)(2) of 612
this section, shall pass to the organ procurement organization as 613
custodian of the organ.614

       (I) If an anatomical gift does not pass pursuant to divisions 615
(A) to (H) of this section, or the decedent's body or part is not 616
used for transplantation, therapy, research, or education, custody 617
of the body or part shall pass to the person to whom the right of 618
disposition for the decedent's body has been assigned pursuant to 619
section 2108.70 of the Revised Code or who has the right of 620
disposition for the decedent's body as described in section 621
2108.81 of the Revised Code.622

       (J) A person shall not accept an anatomical gift if the 623
person knows that the gift was not effectively made under section 624
2108.05 or 2108.10 of the Revised Code, or if the person knows 625
that the decedent made a refusal under section 2108.07 of the 626
Revised Code that was not revoked. For purposes of this division, 627
if a person knows that an anatomical gift was made on a document 628
of gift, the person is deemed to know of any amendment or 629
revocation of the gift or any refusal to make an anatomical gift 630
on the same document of gift.631

       (K) Except as otherwise provided in division (A)(2) of this 632
section, nothing in sections 2108.01 to 2108.29 of the Revised 633
Code affects the allocation of organs for transplantation or 634
therapy.635

       Sec. 2108.12.  (A) The following persons shall make a 636
reasonable search of the body of an individual who the person 637
reasonably believes is dead or near death for a document of gift 638
or other information identifying the individual as a donor or as 639
an individual who made a refusal:640

       (1) A law enforcement officer as defined in section 2901.01 641
of the Revised Code;642

       (2) A member of a fire department as defined in section 643
4117.01 of the Revised Code;644

       (3) A holder of a certificate issued under Chapter 4765. of 645
the Revised Code finding the individual in the course of 646
employment.647

       (B) If a document of gift or refusal to make an anatomical 648
gift is located by the search required by division (A) of this 649
section, and the individual or deceased individual to whom it 650
relates is taken to a hospital, the person responsible for 651
conducting the search shall send the document of gift or refusal 652
to the hospital.653

       (C) A person is not subject to criminal or civil liability 654
for failing to discharge the duties imposed by this section but 655
may be subject to any of the following:656

       (1) Disciplinary action under a collective bargaining 657
agreement, if the person is covered by a collective bargaining 658
agreement entered into under Chapter 4117. of the Revised Code;659

       (2) Disciplinary action under section 124.34 of the Revised 660
Code, if the person is an officer or employee in the classified 661
service of this state or the counties, civil service townships, 662
cities, city health districts, general health districts, or city 663
school districts of this state;664

       (3) Disciplinary action by the person's employer. 665

       Sec. 2108.13.  (A) A document of gift need not be delivered 666
during the donor's lifetime to be effective.667

       (B) On or after an individual's death, a person in 668
possession of a document of gift or a refusal to make an 669
anatomical gift with respect to the individual shall allow 670
examination and copying of the document of gift or refusal by a 671
person authorized to make or object to the making of an anatomical 672
gift with respect to the individual or by a person to which the 673
gift could pass under section 2108.11 of the Revised Code.674

       Sec. 2108.14.  (A) When a hospital employee or agent refers 675
an individual at or near death to a procurement organization, the 676
organization shall make a reasonable search of the records of the 677
bureau of motor vehicles and any donor registry that it knows 678
exists for the geographical area in which the individual resides 679
to ascertain whether the individual has made an anatomical gift. 680
The bureau of motor vehicles shall allow the procurement 681
organization reasonable access to its records for purposes of 682
ascertaining whether the individual is a donor.683

       (B) When a hospital employee or agent refers an individual at 684
or near death to a procurement organization, the organization may 685
conduct any reasonable examination necessary to ensure the 686
medical suitability of a part that is or could be the subject of 687
an anatomical gift for transplantation, therapy, research, or 688
education from a donor or prospective donor. During the 689
examination period, measures necessary to ensure the medical 690
suitability of the part shall not be withdrawn unless the 691
hospital or procurement organization knows that the individual 692
expressed a contrary intent.693

       (C) Unless prohibited by law other than sections 2108.01 to 694
2108.25 of the Revised Code, at any time after a donor's death, 695
the person to which a part passes under section 2108.11 of the 696
Revised Code may conduct any reasonable examination necessary to 697
ensure the medical suitability of the body or part for its 698
intended purpose.699

       (D) Unless prohibited by law other than sections 2108.01 to 700
2108.29 of the Revised Code, an examination under division (B) or 701
(C) of this section may include an examination of all medical and 702
dental records of the donor or prospective donor.703

       (E) Upon the death of a minor who was a donor or had signed a 704
refusal, unless a procurement organization knows the minor is 705
emancipated, the procurement organization shall conduct a 706
reasonable search for the parents of the minor and provide the 707
parents with an opportunity to revoke or amend the anatomical gift 708
or revoke the refusal.709

       (F) Upon referral by a hospital under division (A) of this 710
section, a procurement organization shall make a reasonable search 711
for any person listed in section 2108.09 of the Revised Code 712
having an opportunity to make an anatomical gift on behalf of the 713
prospective donor. If a procurement organization receives 714
information that an anatomical gift to any other person was made, 715
amended, or revoked, it shall promptly advise the other person of 716
all relevant information.717

       Sec. 2108.15.  Subject to division (I) of section 2108.11 and 718
sections 2108.26 to 2108.272 of the Revised Code, the rights of 719
the person to which a part passes under section 2108.11 of the 720
Revised Code shall be superior to the rights of all others with 721
respect to the part. The person may accept or reject an 722
anatomical gift in whole or in part. Subject to the terms of the 723
document of gift and sections 2108.01 to 2108.29 of the Revised 724
Code, a person that accepts an anatomical gift or an entire body 725
may allow embalming, burial, or cremation, and use of remains in 726
a funeral service. If the gift is of a part, the person to whom 727
the part passes under section 2108.11 of the Revised Code, upon 728
the death of the donor and before embalming, burial, or 729
cremation, shall cause the part to be removed without 730
unnecessary mutilation.731

       Sec. 2108.16. (A) Except as provided in division (B) of this 732
section, a physician or technician may remove a donated part from 733
the body of a donor that the physician or technician is qualified 734
to remove.735

       (B) Neither the physician who attends the decedent at death 736
nor the physician who determines the time of the decedent's death 737
shall participate in the procedures for removing or transplanting 738
a part from the decedent.739

       Sec. 2108.17.  Each hospital in this state shall enter into 740
agreements or affiliations with procurement organizations for 741
coordination of procurement and use of anatomical gifts.742

       Sec. 2108.18.  (A) Except as otherwise provided in division 743
(B) of this section, no person shall, for valuable consideration, 744
knowingly purchase or sell a part for transplantation or therapy 745
if removal of a part from an individual is intended to occur after 746
the individual's death. 747

       (B) A person may charge a reasonable amount for the removal, 748
processing, preservation, quality control, storage, 749
transportation, implantation, or disposal of a part.750

       Sec. 2108.19.  No person shall intentionally falsify, forge, 751
conceal, deface, or obliterate a document of gift, an amendment or 752
revocation of a document of gift, or a refusal in order to obtain 753
a financial gain.754

       Sec. 2108.20.  (A) A person who acts in accordance with 755
sections 2108.01 to 2108.29 of the Revised Code or with the 756
applicable anatomical gift laws of another state, or attempts in 757
good faith to do so, is not liable for the act in a civil action, 758
criminal prosecution, or administrative proceeding.759

       (B) Neither the person making the anatomical gift nor the 760
donor's estate is liable for any injury or damage that results 761
from the making or use of the gift.762

       Sec. 2108.21.  In determining whether an anatomical gift has 763
been made, amended, or revoked under sections 2108.01 to 2108.29 764
of the Revised Code, a person may rely upon representations of an 765
individual listed in division (A)(2), (3), (4), (5), (6), (7), or 766
(8) of section 2108.09 of the Revised Code relating to the 767
individual's relationship to the donor or prospective donor unless 768
the person knows that the representation is untrue.769

       Sec. 2108.22.  (A) A document of gift is valid if executed in 770
accordance with any of the following:771

       (1) Sections 2108.01 to 2108.29 of the Revised Code;772

       (2) The laws of the state or country where it was executed;773

       (3) The laws of the state or country where the person making 774
the anatomical gift was domiciled, has a place of residence, or 775
was a resident or national at the time the document of gift was 776
executed.777

       (B) If a document of gift is valid under this section, the 778
law of this state shall govern the interpretation of the document 779
of gift.780

       (C) A person may presume that a document of gift or amendment 781
of an anatomical gift is valid unless that person knows that it 782
was not validly executed or was revoked.783

       Sec. 2108.18.        Sec. 2108.23.  (A)(1) The bureau of motor vehicles 784
shall develop and maintain a donor registry that identifies each 785
individual who has agreed to make an anatomical gift by a 786
designation on a driver's or commercial driver's license or 787
motorcycle operator's license or endorsement as provided in 788
division (C)(A)(1) of section 2108.042108.05 of the Revised Code. 789
The registry shall be fully operational not later than July 1, 790
2002.791

       (2) Any person who provides to the bureau the form set forth 792
in division (C)(D)(2) of section 2133.07 of the Revised Code 793
requesting to be included in the donor registry shall be included.794

       (B) The bureau shall maintain the registry in a manner that 795
provides to organ procurement organizations, tissue banks, and eye 796
banks immediate access to the information in the registry 797
twenty-four hours a day and seven days a week.798

       (C)(1) The registrar of motor vehicles, in consultation with 799
the director of health and the second chance trust fund advisory 800
committee created under section 2108.172108.35 of the Revised 801
Code, shall formulate proposed rules that specify all of the 802
following:803

       (a) The information to be included in the registry;804

       (b) A process, in addition to that provided for inaccordance 805
with division (B) of section 2108.06 of the Revised Code, for an 806
individual to revoke the individual's intent to make an anatomical 807
gift and for updating information in the registry;808

       (c) How the registry will be made available to organ 809
procurement organizations, tissue banks, and eye banks;810

       (d) Limitations on the use of and access to the registry;811

       (e) How information on organ, tissue, and eye donation will 812
be developed and disseminated to the public by the bureau and the 813
department of health;814

       (f) Anything else the registrar considers appropriate.815

       (2) In formulatingadopting the proposed rules under this 816
division, the registrar may consult with any person or entity that 817
expresses an interest in the matters to be dealt with in the 818
rules.819

       (3) Following formulation of the proposed rules, but not 820
later than January 1, 2002, the registrar shall adopt rules in 821
accordance with Chapter 119. of the Revised Code.822

       (D) The costs of developing and initially implementing the 823
registry shall be paid from the second chance trust fund created 824
in section 2108.152108.34 of the Revised Code.825

       Sec. 2108.24.  (A) As used in this section:826

       (1) "Advance health-care directive" means a durable power of 827
attorney for health care or a record signed by a prospective donor 828
containing the prospective donor's direction concerning a 829
health-care decision.830

       (2) "Declaration" means a written document executed in 831
accordance with section 2133.02 of the Revised Code.832

       (3) "Health care decision" means any decision regarding the 833
health care of the prospective donor.834

       (B) If a prospective donor has a declaration or advance 835
health-care directive the terms of which are in conflict with the 836
express or implied terms of a potential anatomical gift with 837
regard to administration of measures necessary to ensure the 838
medical suitability of a part for transplantation or therapy and 839
the prospective donor is capable of resolving the conflict, 840
subject to division (G) of this section, the prospective donor's 841
attending physician shall confer with the prospective donor to 842
resolve the conflict.843

       (C) If a prospective donor has a declaration or advance 844
health-care directive the terms of which are in conflict with the 845
express or implied terms of a potential anatomical gift with 846
regard to administration of measures necessary to ensure the 847
medical suitability of a part for transplantation or therapy and 848
the prospective donor is incapable of resolving the conflict, one 849
of the following shall apply depending on the circumstances: 850

       (1) If the prospective donor has an agent, the agent shall, 851
subject to division (G) of this section, act for the prospective 852
donor to resolve the conflict.853

       (2) If the prospective donor does not have an agent, the 854
individual or class of individuals determined in the following 855
descending order of priority and subject to divisions (D), (E), 856
(F), and (G) of this section shall act for the prospective donor 857
to resolve the conflict:858

       (a) The prospective donor's surviving spouse;859

       (b) The prospective donor's surviving adult children;860

       (c) The prospective donor's surviving parent or parents;861

       (d) The prospective donor's surviving adult siblings;862

       (e) The prospective donor's surviving adult grandchildren;863

       (f) The prospective donor's surviving grandparent or 864
grandparents;865

       (g) A surviving adult who exhibited special care and concern 866
for the prospective donor;867

       (h) The prospective donor's guardians of the person;868

       (i) The persons, other than those in divisions (C)(2)(a) to 869
(h) of this section, to whom the prospective donor has assigned 870
the right of disposition for the prospective donor's body pursuant 871
to section 2108.70 of the Revised Code or who have the right of 872
disposition for the prospective donor's body at the time of death 873
as described in section 2108.81 of the Revised Code.874

       (D) If an appropriate individual entitled to resolve a 875
conflict between the terms of a prospective donor's declaration or 876
advance health-care directive and the express or implied terms of 877
a potential anatomical gift as described in division (C) of this 878
section is not reasonably available to resolve the conflict, is 879
incapacitated, or declines to resolve the conflict, the next 880
priority individual or class of individuals specified in that 881
division is authorized to resolve the conflict.882

       (E) If at least one individual in a class of individuals 883
entitled to resolve a conflict between the terms of a prospective 884
donor's declaration or advance health-care directive and the 885
express or implied terms of a potential anatomical gift is not 886
reasonably available, is incapacitated, or declines to resolve the 887
conflict, the conflict shall be resolved by the individual or 888
individuals in the class who are reasonably available, not 889
incapacitated, and willing to resolve the conflict.890

       (F) If individuals in a class of individuals determined in 891
accordance with division (C)(2) of this section disagree on how a 892
conflict between the terms of a prospective donor's declaration or 893
advance health-care directive and the express or implied terms of 894
a potential anatomical gift should be resolved, the opinion of the 895
majority of the individuals who are reasonably available, not 896
incapacitated, and are willing to resolve the conflict shall 897
prevail.898

       (G) A conflict between the terms of a prospective donor's 899
declaration or directive and the express or implied terms of a 900
potential anatomical gift with regard to the administration of 901
measures necessary to ensure the medical suitability of a part for 902
transplantation or therapy shall be resolved as expeditiously as 903
possible. Information relevant to the resolution of the conflict 904
may be obtained from the appropriateprocurement organization and 905
any other person authorized to make an anatomical gift for the 906
prospective donor under section 2108.09 of the Revised Code. 907
Before resolution of the conflict, measures necessary to ensure 908
the medical suitability of the part shall not be withheld or 909
withdrawn from the prospective donor unless withholding or 910
withdrawing the measures is necessary for appropriate end-of-life 911
care.912

       Sec. 2108.25.  As used in this section, "coroner" includes a 913
medical examiner.914

        A coroner shall cooperate with procurement organizations as 915
described in sections 2108.26 to 2108.271 of the Revised Code to 916
maximize the opportunity to recover anatomical gifts for the 917
purpose of transplantation, therapy, research, or education.918

       Sec. 2108.26.  As used in this section and sections 2108.261 919
to 2108.27 and section 2108.272 of the Revised Code, "coroner" 920
has the same meaning as in section 2108.25 of the Revised Code.921

       On request of a procurement organization, a coroner shall, 922
if such information is available, release to the procurement 923
organization the name, contact information, and available medical 924
and social history of a decedent whose body is under the 925
jurisdiction of the coroner.926

        If the decedent's body or part is medically suitable for 927
life-saving organ transplantation or therapy, the coroner shall 928
release post-mortem examination results to the procurement 929
organization. The procurement organization shall make a 930
subsequent disclosure of the post-mortem examination results or 931
other information received from the coroner only if relevant to 932
life-saving organ transplantation or therapy.933

       Sec. 2108.261. A coroner may conduct a medicolegal 934
examination by reviewing all medical records, laboratory test 935
results, x-rays, other diagnostic results, and other information 936
that any person possesses about a donor or prospective donor 937
whose body is under the jurisdiction of the coroner which the 938
coroner determines may be relevant to the investigation.939

       Sec. 2108.262. A person that has any information requested by 940
a coroner pursuant to section 2108.26 of the Revised Code shall 941
provide that information as expeditiously as possible to allow 942
the coroner to conduct the medicolegal investigation within a 943
period compatible with the preservation of parts for the purpose 944
of life-saving organ transplantation or therapy.945

       Sec. 2108.263. If either of the following are true, a 946
coroner and procurement organization shall cooperate in the 947
timely removal of a part from the decedent for the purpose of 948
life-saving organ transplantation or therapy:949

       (A) An anatomical gift has been or might be made of a part of 950
a decedent whose body is under the jurisdiction of the coroner and 951
a post-mortem examination or autopsy is not required.952

       (B) The decedent has been referred to the coroner for 953
post-mortem examination, it is determined that an autopsy is 954
required, and after consultation with the prosecuting attorney, if 955
a consultation is necessary, it is determined that the recovery 956
of the parts that are the subject of an anatomical gift will not 957
interfere with the autopsy.958

       Sec. 2108.264. If an anatomical gift of a part from a 959
decedent under the jurisdiction of the coroner has been or might 960
be made and, after any necessary consultation with the 961
prosecuting attorney, it is determined that the recovery of the 962
part could interfere with the determination of the decedent's 963
cause or manner of death, the coroner shall communicate with the 964
procurement organization or physician or technician designated by 965
the procurement organization about the proposed recovery. The 966
procurement organization shall provide the coroner with all 967
information the procurement organization has that could relate to 968
the cause or manner of death. The coroner shall allow the 969
recovery unless the coroner reasonably believes that the part or 970
the decedent's intact body is needed for law enforcement 971
purposes.972

       Sec. 2108.265. A coroner and a procurement organization 973
shall enter into an agreement establishing protocols and 974
procedures governing the relations between them when an 975
anatomical gift of a part from a decedent whose body is under the 976
jurisdiction of the coroner has been or might be made, but the 977
coroner believes that the recovery of the part could interfere 978
with the post-mortem investigation into the decedent's cause or 979
manner of death. Decisions regarding the recovery of the part 980
from the decedent shall be made in accordance with the 981
agreement. The coroner and procurement organization shall 982
evaluate the effectiveness of the agreement at regular intervals 983
but not less than every two years.984

       Sec. 2108.266. In the absence of an agreement entered into 985
under section 2108.265 of the Revised Code establishing protocols 986
and procedures governing the relations between a coroner and a 987
procurement organization, if the coroner intends to deny 988
recovery of an organ for transplantation or therapy from a 989
decedent whose body is under the jurisdiction of the coroner, the 990
coroner or the coroner's designee, at the request of the 991
procurement organization, shall attend the removal procedure for 992
the organ before making a final determination not to allow the 993
procurement organization to recover the organ. During the 994
removal procedure, the coroner or the coroner's designee may 995
allow recovery by the procurement organization to proceed, or, 996
if the coroner or the coroner's designee reasonably believes 997
that the organ may be involved in determining the decedent's 998
cause or manner of death or that the organ or the decedent's 999
intact body is needed for law enforcement purposes, deny 1000
recovery by the procurement organization.1001

       A coroner may designate another coroner or employees of 1002
another coroner's office to act on the coroner's behalf under this 1003
section.1004

       Sec. 2108.267. (A) Except as provided in division (B) of this 1005
section, if the coroner or the coroner's designee denies recovery 1006
of an organ, tissue, or eye from a decedent whose body is under 1007
the jurisdiction of the coroner, the coroner or designee shall do 1008
all of the following:1009

       (1) Explain in a record the specific reasons for not allowing 1010
recovery of the part;1011

       (2) Include in the records of the coroner the specific 1012
reasons for not allowing recovery of the part;1013

       (3) Provide a record with the specific reasons for not 1014
allowing recovery of the part to the procurement organization.1015

       (B) The requirements of division (A) of this section do not 1016
apply when a coroner or designee denies recovery of an organ from 1017
a decedent under two years of age.1018

       Sec. 2108.268. If a procurement organization refuses to 1019
accept an anatomical gift of a part from a decedent whose body is 1020
under the jurisdiction of a coroner, the organization shall 1021
explain to the coroner, in writing, the organization's reasons for 1022
not accepting the part.1023

       Sec. 2108.269. If the coroner or the coroner's designee 1024
allows recovery of a part under section 2108.263, 2108.264, 1025
2108.265, or 2108.266 of the Revised Code, the procurement 1026
organization shall, on the coroner's request, cooperate with the 1027
coroner in any documentation of injuries and the preservation 1028
and collection of evidence prior to and during the recovery of 1029
the part and shall provide the coroner with a record describing 1030
the condition of the part, a biopsy, a photograph, and any 1031
other information and observations that would assist in the 1032
post-mortem examination.1033

       Sec. 2108.27. If a coroner or a coroner's designee is able 1034
to attend a removal procedure under section 2108.266 of the 1035
Revised Code, on request of the coroner or coroner's designee the 1036
procurement organization requesting the recovery of the organ 1037
shall reimburse the office of the coroner for the additional costs 1038
incurred in attending the removal procedure. Any reimbursement 1039
made under this section shall be applied directly to, and used 1040
only for the purpose of, offsetting the salary, wages, and 1041
expenses of the coroner's office.1042

       Sec. 2108.271. Any recovery or removal procedure conducted 1043
under section 2108.263, 2108.264, 2108.265, or 2108.266 of the 1044
Revised Code shall be conducted within a period compatible with 1045
the preservation of parts for the purpose of transplantation, 1046
therapy, research, or education.1047

       Sec. 2108.272. A coroner or coroner's designee shall not be 1048
subject to liability in tort or other civil action for denying 1049
recovery of a part from a decedent whose body is under the 1050
jurisdiction of the coroner.1051

       Sec. 2108.28.  In applying and construing the Revised Uniform 1052
Anatomical Gift Act enacted in sections 2108.01 to 2108.29 of the 1053
Revised Code, consideration shall be given to the need to promote 1054
uniformity of the law with respect to its subject matter among 1055
states that enact it.1056

       Sec. 2108.29.  This section and sections 2108.01 to 2108.28 1057
of the Revised Code modify, limit, and supersede the "Electronic 1058
Signatures in Global and National Commerce Act," 15 U.S.C. 7001 1059
et seq., but do not modify, limit, or supersede section 101(a) of 1060
that act, 15 U.S.C. 7001, or authorize electronic delivery of any 1061
of the notices described in division 103(b) of that act, 15 1062
U.S.C. 7003(b).1063

       Nothing in this section, or sections 2108.01 to 2108.28 of 1064
the Revised Code, negates the applicability of sections 1306.01 to 1065
1306.15 of the Revised Code to this section or sections 2108.01 to 1066
2108.28 of the Revised Code. 1067

       Sec. 2108.11.        Sec. 2108.30.  Subject to the prohibition in section 1068
2108.122108.18 of the Revised Code, the procuring, furnishing, 1069
donating, processing, distributing, or using of human whole blood, 1070
plasma, blood products, blood derivatives, and products, corneas, 1071
bones, organs, or other human tissue except hair, for the purpose 1072
of injecting, transfusing, or transplanting the fluid or body part 1073
in another human body, is considered for all purposes as the 1074
rendition of a service by every person participating in the act 1075
and not a sale of any such fluid or body part. No warranties of 1076
any kind or description are applicable to the act.1077

       Sec. 2108.21.        Sec. 2108.31.  Any person seventeen years of age or 1078
older may donate blood in a voluntary blood program, which is not 1079
operated for profit, without consent of histhe person's parent or 1080
guardian. Before obtaining blood donations from students at high 1081
schools, joint vocational schools, or technical schools, a blood 1082
program shall arrange for the dissemination of written donation 1083
information to students to be shared with their parents or 1084
guardians. This information shall include a statement that the 1085
students will be requested to donate blood.1086

       Sec. 2108.19.        Sec. 2108.32.  The bureau of motor vehicles shall 1087
maintain a toll-free telephone number available twenty-four hours 1088
a day that the public may use to obtain information on becoming an 1089
organ, tissue, or eye donor as provided in section 2108.042108.051090
of the Revised Code. The bureau of motor vehicles shall pay the 1091
costs of maintaining the toll-free telephone number.1092

       Sec. 2108.20.        Sec. 2108.33.  The bureau of motor vehicles, 1093
registrar of motor vehicles, deputy registrars of motor vehicles, 1094
and agents and employees of the bureau of motor vehicles are not 1095
liable for damages in any civil action or subject to prosecution 1096
in a criminal proceeding for acting, attempting to act, or failing 1097
to act in accordance with section 2108.18, 2108.192108.23, 1098
2108.32, or 4501.024 of the Revised Code, unless the act, attempt, 1099
or omission was committed or omitted with malicious purpose, in 1100
bad faith, or in a wanton or reckless manner.1101

       Sec. 2108.15.        Sec. 2108.34.  (A) There is hereby created in the 1102
state treasury the second chance trust fund. The fund shall 1103
consist of voluntary contributions deposited as provided in 1104
sections 4503.721, 4506.081, 4507.231, and 4507.501 of the Revised 1105
Code. All investment earnings of the fund shall be credited to the 1106
fund.1107

       (B) The director of health shall use the money in the fund1108
only for the following purposes:1109

       (1) Development and implementation of a campaign that1110
explains and promotes the second chance trust fund;1111

       (2) Development and implementation of local and statewide1112
public education programs about organ, tissue, and eye donation,1113
including the informational material required to be provided under1114
sections 4506.081, 4507.231, and 4507.501 of the Revised Code;1115

       (3) Development and implementation of local and statewide1116
donor awareness programs in schools;1117

       (4) Development and implementation of local and statewide1118
programs to recognize donor families;1119

       (5) Development and distribution of materials promoting1120
organ, tissue, and eye donation;1121

       (6) Cooperation with the Ohio Supreme Court, Ohio State Bar1122
Association, and law schools of this state to more effectively1123
educate attorneys about the donation of anatomical gifts and to1124
encourage them to assist their clients in donating anatomical1125
gifts through anatomical gift declarations, durable powers of1126
attorney for health care, declarations as defined in section1127
2133.01 of the Revised Code, wills, and any other appropriate1128
means;1129

       (7) Cooperation with the state medical board, state medical,1130
osteopathic, and opthalmologicalophthalmological associations, 1131
and colleges of medicine and osteopathic medicine in this state to 1132
more effectively educate physicians about the donation of 1133
anatomical gifts and to encourage them to assist their patients in 1134
making declarations of anatomical gifts;1135

       (8) Development and initial implementation of the donor1136
registry established pursuant to section 2108.18 of the Revised1137
Code, except that the total amount expended shall not exceed one1138
hundred fifty thousand dollars;1139

       (9) Development of statewide hospital training programs to1140
encourage and facilitate compliance with section 2108.021sections 1141
2108.14 and 2108.15 of the Revised Code concerning circumstances 1142
under which an anatomical gift is required to be requested;1143

       (10)(9) Reimbursement of the bureau of motor vehicles for the1144
administrative costs incurred in the performance of duties under1145
sections 4506.081, 4507.231, and 4507.501 of the Revised Code;1146

       (11)(10) Reimbursement of the department of health for1147
administrative costs incurred in the performance of duties under1148
this section and section 2108.172108.35 of the Revised Code;1149

       (12)(11) Reimbursement of members of the second chance fund1150
advisory committee for actual and necessary expenses incurred in1151
the performance of official duties.1152

       (C) The director shall make the materials developed under1153
division (B)(5) of this section available to other state agencies.1154

       (D) The director shall consider recommendations made by the1155
second chance trust fund advisory committee pursuant to section1156
2108.172108.35 of the Revised Code. The director shall determine 1157
the appropriateness of and approve or disapprove projects 1158
recommended by the advisory committee for funding and approve or 1159
disapprove the disbursement of money from the second chance trust 1160
fund.1161

       Sec. 2108.17.        Sec. 2108.35.  (A) There is hereby created within the1162
department of health the second chance trust fund advisory1163
committee, consisting of thirteen members. The members shall1164
include the following:1165

       (1) The chairs of the standing committees of the house of1166
representatives and senate with primary responsibilities for1167
health legislation;1168

       (2) One representative of each of the following appointed by1169
the director of health:1170

       (a) An Ohio organ procurement organization that is a member1171
of the Organ Procurement and Transplantation Network;1172

       (b) An Ohio tissue bank that is an accredited member of the1173
American association of tissue banks;1174

       (c) An Ohio eye bank that is certified by the eye bank1175
association of America;1176

       (d) The Ohio solid organ transplantation consortium;1177

       (e) A hospital to which both of the following apply:1178

       (i) It is a member of the Ohio hospital association.1179

       (ii) It has a transplant program or a facility that has been 1180
verified as a level I or level II trauma center by the American 1181
college of surgeons.1182

       (f) The department of health.1183

       (3) Except as provided in division (C) of this section, three1184
Three members of the public appointed by the director who are not1185
affiliated with recovery agenciesprocurement organizations;1186

       (4) Two members appointed by the director who are either 1187
affiliated with recovery agenciesprocurement organizations or 1188
members of the public.1189

       (B) Of the members first appointed under division (A)(2) of1190
this section, the representatives of the organ procurement1191
organization, tissue procurement organization, and eye bank shall1192
serve terms of three years; the representatives of the department1193
of health and Ohio solid organ transplantation consortium shall1194
serve terms of two years; and the member representing the Ohio1195
hospital association shall serve a term of one year. Thereafter,1196
all members shall serve terms of three years.1197

       (C) The members initially appointed under division (A)(3) of1198
this section shall be representatives of the following:1199

       (1) An organ procurement organization in Ohio designated by1200
the United States secretary of health and human services that is1201
not represented by the appointment under division (A)(2)(a) of1202
this section;1203

       (2) An Ohio tissue bank that is an accredited member of the1204
American association of tissue banks, not affiliated with an organ1205
procurement organization, and not represented by the appointment1206
under division (A)(2)(b) of this section;1207

       (3) An Ohio eye bank that is certified by the eye bank1208
association of America, not affiliated with an organ procurement1209
organization, and not represented by the appointment under1210
division (A)(2)(c) of this section.1211

       The three members shall serve until the proposed rules under1212
section 2108.18 of the Revised Code are formulated. After the1213
initial appointments, the director shall appoint three members of1214
the public who are not affiliated with recovery agencies to serve1215
terms of three years.1216

        (D) Members appointed under division (A)(2), (3), or (4) of 1217
this section shall be geographically and demographically 1218
representative of the state. No more than a total of three members 1219
appointed under divisions (A)(2), (3), and (4) of this section 1220
shall be affiliated with the same recovery agencyprocurement 1221
organization or group of recovery agenciesprocurement 1222
organizations. Recovery agenciesProcurement organizations that 1223
recover only one type of organ, tissue, or part, as well as 1224
recovery agenciesprocurement organizations that recover more than 1225
one type of organ, tissue, or part, shall be represented.1226

       No individual appointed under division (A)(2), (3), or (4) of1227
this section shall serve more than two consecutive terms,1228
regardless of whether the terms were full or partial terms. Each1229
member shall serve from the date of appointment until the member's1230
successor is appointed. All vacancies on the committee shall be1231
filled for the balance of the unexpired term in the same manner as1232
the original appointment.1233

       (E)(D) The committee shall annually elect a chairperson from1234
among its members and shall establish procedures for the1235
governance of its operations. The committee shall meet at least1236
semiannually. It shall submit an annual report of its activities1237
and recommendations to the director of health.1238

       (F)(E) Committee members shall serve without compensation, 1239
but shall be reimbursed from the second chance trust fund for all1240
actual and necessary expenses incurred in the performance of1241
official duties.1242

       (G)(F) The committee shall do all of the following:1243

       (1) Make recommendations to the director of health for1244
projects for funding from the second chance trust fund;1245

       (2) Consult with the registrar of motor vehicles in1246
formulating proposed rules under division (C)(1) of section1247
2108.182108.23 of the Revised Code;1248

       (3) As requested, consult with the registrar or director on1249
other matters related to organ donation;1250

       (4) Approve brochures, written materials, and electronic1251
media regarding anatomical gifts and anatomical gift procedures1252
for use in driver training schools pursuant to section 4508.021 of1253
the Revised Code.1254

       (H)(G) The committee is not subject to section 101.84 of the1255
Revised Code.1256

       Sec. 2108.30.        Sec. 2108.40.  An individual is dead if hethe 1257
individual has sustained either irreversible cessation of 1258
circulatory and respiratory functions or irreversible cessation of 1259
all functions of the brain, including the brain stem, as 1260
determined in accordance with accepted medical standards. If the 1261
respiratory and circulatory functions of a person are being 1262
artificially sustained, under accepted medical standards a 1263
determination that death has occurred is made by a physician by 1264
observing and conducting a test to determine that the irreversible 1265
cessation of all functions of the brain has occurred.1266

       A physician who makes a determination of death in accordance 1267
with this section and accepted medical standards is not liable for 1268
damages in any civil action or subject to prosecution in any 1269
criminal proceeding for histhe physician's acts or the acts of 1270
others based on that determination.1271

       Any person who acts in good faith in reliance on a1272
determination of death made by a physician in accordance with this 1273
section and accepted medical standards is not liable for damages 1274
in any civil action or subject to prosecution in any criminal 1275
proceeding for histhe person's actions.1276

       Sec. 2108.78.  If a declarant or deceased adult has made a 1277
valid declaration of an anatomical gift by will or any other 1278
document or means described in section 2108.04under sections 1279
2108.01 to 2108.29 of the Revised Code, any person to whom the 1280
declarant has assigned the right of disposition under section 1281
2108.70 of the Revised Code, or who has the right as described in 1282
section 2108.81 of the Revised Code, is bound by the declaration 1283
of the anatomical gift and must follow the instructions associated 1284
with the gift before making any decisions or taking any other 1285
actions associated with the right. 1286

       Sec. 2108.99.  Whoever violates division (A) of section 1287
2108.122108.18 or section 2108.19 of the Revised Code is guilty1288
of unlawful transfer of body parts, a felony of the fifththird1289
degree.1290

       Sec. 2133.01.  Unless the context otherwise requires, as used 1291
in sections 2133.01 to 2133.15 of the Revised Code:1292

       (A) "Adult" means an individual who is eighteen years of age 1293
or older.1294

       (B) "Attending physician" means the physician to whom a 1295
declarant or other patient, or the family of a declarant or other 1296
patient, has assigned primary responsibility for the treatment or 1297
care of the declarant or other patient, or, if the responsibility 1298
has not been assigned, the physician who has accepted that 1299
responsibility.1300

       (C) "Comfort care" means any of the following:1301

       (1) Nutrition when administered to diminish the pain or1302
discomfort of a declarant or other patient, but not to postpone1303
the declarant's or other patient's death;1304

       (2) Hydration when administered to diminish the pain or1305
discomfort of a declarant or other patient, but not to postpone1306
the declarant's or other patient's death;1307

       (3) Any other medical or nursing procedure, treatment,1308
intervention, or other measure that is taken to diminish the pain1309
or discomfort of a declarant or other patient, but not to postpone1310
the declarant's or other patient's death.1311

       (D) "Consulting physician" means a physician who, in1312
conjunction with the attending physician of a declarant or other1313
patient, makes one or more determinations that are required to be1314
made by the attending physician, or to be made by the attending1315
physician and one other physician, by an applicable provision of1316
this chapter, to a reasonable degree of medical certainty and in1317
accordance with reasonable medical standards.1318

       (E) "Declarant" means any adult who has executed a1319
declaration in accordance with section 2133.02 of the Revised1320
Code.1321

       (F) "Declaration" means a written document executed in1322
accordance with section 2133.02 of the Revised Code.1323

       (G) "Durable power of attorney for health care" means a1324
document created pursuant to sections 1337.11 to 1337.17 of the1325
Revised Code.1326

       (H) "Guardian" means a person appointed by a probate court1327
pursuant to Chapter 2111. of the Revised Code to have the care and 1328
management of the person of an incompetent.1329

       (I) "Health care facility" means any of the following:1330

       (1) A hospital;1331

       (2) A hospice care program or other institution that1332
specializes in comfort care of patients in a terminal condition or 1333
in a permanently unconscious state;1334

       (3) A nursing home or residential care facility, as defined 1335
in section 3721.01 of the Revised Code;1336

       (4) A home health agency and any residential facility where a 1337
person is receiving care under the direction of a home health 1338
agency;1339

       (5) An intermediate care facility for the mentally retarded.1340

       (J) "Health care personnel" means physicians, nurses,1341
physician assistants, emergency medical technicians-basic, 1342
emergency medical technicians-intermediate, emergency medical 1343
technicians-paramedic, medical technicians, dietitians, other 1344
authorized persons acting under the direction of an attending 1345
physician, and administrators of health care facilities.1346

       (K) "Home health agency" has the same meaning as in section 1347
3701.881 of the Revised Code.1348

       (L) "Hospice care program" has the same meaning as in section 1349
3712.01 of the Revised Code.1350

       (M) "Hospital" has the same meanings as in sections 2108.01,1351
means both of the following:1352

       (1) Any hospital operated in this state that is certified 1353
under Title XVIII of the "Social Security Act," 42 U.S.C. 301, as 1354
amended, or accredited by the joint commission on accreditation of 1355
healthcare organizations or the American osteopathic association;1356

       (2) A facility licensed, accredited, registered, or approved 1357
as a hospital under the laws of any state, including a facility 1358
operated as a hospital by a state or a subdivision of the state, 1359
although not required to be licensed under state laws.1360

       "Hospital" also includes those facilities described or 1361
defined in sections 3701.01, and 5122.01 of the Revised Code.1362

       (N) "Hydration" means fluids that are artificially or1363
technologically administered.1364

       (O) "Incompetent" has the same meaning as in section 2111.01 1365
of the Revised Code.1366

       (P) "Intermediate care facility for the mentally retarded"1367
has the same meaning as in section 5111.20 of the Revised Code.1368

       (Q) "Life-sustaining treatment" means any medical procedure, 1369
treatment, intervention, or other measure that, when administered 1370
to a qualified patient or other patient, will serve principally to 1371
prolong the process of dying.1372

       (R) "Nurse" means a person who is licensed to practice1373
nursing as a registered nurse or to practice practical nursing as1374
a licensed practical nurse pursuant to Chapter 4723. of the1375
Revised Code.1376

       (S) "Nursing home" has the same meaning as in section 3721.01 1377
of the Revised Code.1378

       (T) "Nutrition" means sustenance that is artificially or1379
technologically administered.1380

       (U) "Permanently unconscious state" means a state of1381
permanent unconsciousness in a declarant or other patient that, to 1382
a reasonable degree of medical certainty as determined in1383
accordance with reasonable medical standards by the declarant's or 1384
other patient's attending physician and one other physician who 1385
has examined the declarant or other patient, is characterized by 1386
both of the following:1387

       (1) Irreversible unawareness of one's being and environment.1388

       (2) Total loss of cerebral cortical functioning, resulting in 1389
the declarant or other patient having no capacity to experience 1390
pain or suffering.1391

       (V) "Person" has the same meaning as in section 1.59 of the 1392
Revised Code and additionally includes political subdivisions and 1393
governmental agencies, boards, commissions, departments,1394
institutions, offices, and other instrumentalities.1395

       (W) "Physician" means a person who is authorized under1396
Chapter 4731. of the Revised Code to practice medicine and surgery 1397
or osteopathic medicine and surgery.1398

       (X) "Political subdivision" and "state" have the same1399
meanings as in section 2744.01 of the Revised Code.1400

       (Y) "Professional disciplinary action" means action taken by 1401
the board or other entity that regulates the professional conduct 1402
of health care personnel, including the state medical board and 1403
the board of nursing.1404

       (Z) "Qualified patient" means an adult who has executed a1405
declaration and has been determined to be in a terminal condition1406
or in a permanently unconscious state.1407

       (AA) "Terminal condition" means an irreversible, incurable, 1408
and untreatable condition caused by disease, illness, or injury 1409
from which, to a reasonable degree of medical certainty as 1410
determined in accordance with reasonable medical standards by a 1411
declarant's or other patient's attending physician and one other 1412
physician who has examined the declarant or other patient, both of 1413
the following apply:1414

       (1) There can be no recovery.1415

       (2) Death is likely to occur within a relatively short time 1416
if life-sustaining treatment is not administered.1417

       (BB) "Tort action" means a civil action for damages for1418
injury, death, or loss to person or property, other than a civil1419
action for damages for breach of a contract or another agreement1420
between persons.1421

       Sec. 2133.07. (A) As used in this section:1422

       (1) "Anatomical gift" has the same meaning as in section 1423
2108.01 of the Revised Code.1424

       (2) "DNR identification" has the same meaning as in section 1425
2133.21 of the Revised Code.1426

       (B) A printed form of a declaration may be sold or otherwise 1427
distributed in this state for use by adults who are not advised by 1428
an attorney. By use of a printed form of that nature, a declarant 1429
may authorize the use or continuation, or the withholding or 1430
withdrawal, of life-sustaining treatment should the declarant be 1431
in a terminal condition, a permanently unconscious state, or1432
either a terminal condition or a permanently unconscious state,1433
may authorize the withholding or withdrawal of nutrition or1434
hydration should the declarant be in a permanently unconscious 1435
state as described in division (A)(3)(a) of section 2133.02 of the 1436
Revised Code, and may designate one or more persons who are to be1437
notified by the declarant's attending physician at any time that1438
life-sustaining treatment would be withheld or withdrawn pursuant1439
to the declaration. The printed form shall not be used as an1440
instrument for granting any other type of authority or for making1441
any other type of designation, except that the printed form may be1442
used as a DNR identification if the declarant specifies on the 1443
form that the declarant wishes to use it as a DNR identification 1444
and except as provided in division (B)(C) of this section.1445

       (B)(C) A printed form of a declaration under division (A)(B)1446
of this section shall include, before the signature of the 1447
declarant or another individual at the direction of the 1448
declarant, statements that conform substantially to the following 1449
form:1450

"ANATOMICAL GIFT (optional)
1451

       Upon my death, the following are my directions regarding 1452
donation of all or part of my body:1453

       In the hope that I may help others upon my death, I hereby 1454
give the following body parts:1455

1456
1457

for any purpose authorized by law: transplantation, therapy, 1458
research, or education.1459

       If I do not indicate a desire to donate all or part of my 1460
body by filling in the lines above, no presumption is created 1461
about my desire to make or refuse to make an anatomical gift."1462

       (C)(D)(1) A printed form of a declaration under division 1463
(A)(B) of this section shall include, as a separate page or as a 1464
portion of a page that can be detached from the declaration, a 1465
donor registry enrollment form that permits the donor to be 1466
included in the donor registry created under section 2108.181467
2108.23 of the Revised Code.1468

        (2) The donor registry enrollment form shall conform 1469
substantially to the following form:1470

"DONOR REGISTRY ENROLLMENT FORM (optional)
1471

       To register for the Donor Registry, please complete this form 1472
and send it to the Ohio Bureau of Motor Vehicles. This form must 1473
be signed by two witnesses. If the donor is under age eighteen, 1474
one witness must be the donor's parent or legal guardian.1475

... Please include me in the donor registry.1476

... Please remove me from the donor registry.1477

Full Name (please print) 1478
Mailing address 1479
1480
1481
Phone Date of Birth 1482
Driver License or ID Card No. 1483
Social Security No. 1484

... On my death, I make an anatomical gift of my organs, tissues, 1485
and eyes for any purpose authorized by law.1486

OR
1487

... On my death, I make an anatomical gift of the following 1488
specified organs, tissues, or eyes for any purposes indicated 1489
below.1490

1491
1492
1493

       Purposes:1494

... Any purpose authorized by law 1495
... Transplantation 1496
... Therapy 1497
... Research 1498
... Education 1499
... Advancement of medical science 1500
... Advancement of dental science 1501

1502
Signature of donor registrant Date 1503
1504
Witness signature 1505
1506
Witness signature" 1507

       (D) As used in this section:1508

       (1) "Anatomical gift" has the same meaning as in section 1509
2108.01 of the Revised Code.1510

       (2) "DNR identification" has the same meaning as in section 1511
2133.21 of the Revised Codemay be in any form that complies with 1512
the requirements of division (B) of section 2108.05 of the 1513
Revised Code. On completion, the form shall be forwarded to the 1514
bureau of motor vehicles.1515

       Sec. 2133.16.  (A) As used in this section:1516

       (1) "Anatomical gift" and "donor" have the same meanings as 1517
in section 2108.01 of the Revised Code.1518

       (2) "Declarant" and "declaration" have the same meanings as 1519
in section 2133.01 of the Revised Code.1520

       (B) A declarant may make an anatomical gift of all or part of 1521
the declarant's body by specifying the intent of the declarant to 1522
make the anatomical gift in a space provided in the declaration. 1523
All of the following apply to a declaration that specifies the 1524
intent of the declarant to make an anatomical gift:1525

       (1) The declaration serves as a document other than a will1526
donor card or other record in which a declarant makes an 1527
anatomical gift as provided in divisionsdivision (B)(1) and (3)1528
of section 2108.042108.05 of the Revised Code.1529

       (2) The declaration is considered as having satisfied the 1530
requirements specified in divisionsdivision (B)(1) and (3) of 1531
section 2108.042108.05 of the Revised Code to make an anatomical 1532
gift by a document other than a willdonor card or other record.1533

       (3) The declaration is subject to sections 2108.01 to 2108.121534
2108.29 of the Revised Code to the extent that the declaration 1535
specifies the intent of the declarant to make an anatomical gift. 1536

       (C) A declarant who makes an anatomical gift in the manner 1537
described in division (B) of this section may amend the anatomical 1538
gift under the circumstances and by any of the means provided in 1539
division (A) of section 2108.06 of the Revised Code.1540

       (D) A declarant who makes an anatomical gift in the manner 1541
described in division (B) of this section may revoke the 1542
anatomical gift under the circumstances and by any of the means 1543
provided in division (A) of section 2108.06 of the Revised Code or 1544
by cancellation of the declarant's intent to make the anatomical 1545
gift as specified in the declaration.1546

       (E) A declarant may refuse to make an anatomical gift of all 1547
or part of the declarant's body by specifying the intent of the 1548
declarant to refuse to make the anatomical gift in a space 1549
provided in the declaration.1550

       (F) Nothing in this section requires a declarant to make, 1551
amend, or refuse to make an anatomical gift in a space provided in 1552
a declaration or otherwise limits a declarant from making, 1553
amending, or refusing to make an anatomical gift. The failure of a 1554
declarant to indicate in the space provided in the declaration the 1555
intent of the declarant to make an anatomical gift or to refuse to 1556
make an anatomical gift does not create a presumption of the 1557
intent of the declarant in regard to the matter of making or 1558
refusing to make an anatomical gift.1559

       Sec. 2305.37.  (A) As used in this section:1560

       (1) "Agency" means any nonhospital, charitable nonprofit1561
corporation that is organized and operated pursuant to Chapter1562
1702. of the Revised Code and that satisfies both of the1563
following, or any nonhospital, charitable association, group,1564
institution, organization, or society that is not organized and1565
not operated for profit and that satisfies both of the following:1566

       (a) It distributes consumer goods or perishable food, 1567
directly or indirectly, to individuals in need.1568

       (b) It does not charge or accept any form of compensation1569
from the individuals in need for the distribution of the consumer 1570
goods or perishable food to them.1571

       (2) "Consumer goods" means items of tangible personal 1572
property other than food that are used primarily for personal, 1573
family, or household purposes.1574

        (3) "Food service operation" has the same meaning as in1575
section 3717.01 of the Revised Code.1576

       (4) "Food that is gleaned" means perishable food that remains 1577
on a farm or other real property and that the owner, lessee, 1578
renter, or operator of the property permits one or more persons to 1579
salvage free-of-charge for subsequent donation to one or more 1580
agencies.1581

       (5) "Harm" means injury, death, or loss to person or1582
property.1583

       (6) "Hospital" has the same meaning as in section 2108.01,1584
means both of the following:1585

       (a) Any hospital operated in this state that is certified 1586
under Title XVIII of the "Social Security Act," 42 U.S.C. 301, as 1587
amended, or accredited by the joint commission on accreditation of 1588
healthcare organizations or the American osteopathic association;1589

       (b) A facility licensed, accredited, registered, or approved 1590
as a hospital under the laws of any state, including a facility 1591
operated as a hospital by a state or a subdivision of the state, 1592
although not required to be licensed under state laws.1593

       "Hospital" also includes those facilities described or 1594
defined in section 3701.01, or 5122.01 of the Revised Code.1595

       (7) "Individuals in need" means those persons who an agency1596
determines are eligible to receive free distributions of consumer 1597
goods or perishable food because of poverty, illness, disability, 1598
infancy, or other conditions or circumstances that may result in 1599
persons having a need to receive free distributions of consumer 1600
goods or perishable food.1601

       (8) "Perishable food" means any food that may spoil or1602
otherwise become unfit for human consumption because of its1603
nature, age, or physical condition. "Perishable food" includes,1604
but is not limited to, fresh meats, processed meats, poultry, fish1605
and other seafood, dairy products, bakery products, eggs in the1606
shell, fresh fruits, fresh vegetables, food that is gleaned, food1607
that is packaged, refrigerated, or frozen, food that is canned,1608
and prepared or other food that has not been served by a1609
restaurant, cafeteria, hospital, hotel, caterer, or other food1610
service operation to any customer, patient, or other person in the1611
ordinary course of business, by a public or private school,1612
college, university, or other educational institution to a student1613
or another person on the premises in the ordinary course of the1614
operation of the institution, or by a fraternal, veteran's, or1615
other organization to its members or other persons on the premises1616
in the ordinary course of the operation of the organization.1617

       (9) "Person" has the same meaning as in section 1.59 of the1618
Revised Code and additionally includes governmental entities and 1619
federal instrumentalities.1620

       (10) "Sale date" means the date by which the manufacturer, 1621
processor, or packager of a packaged food product recommends that 1622
the food product be sold for consumption based on the food 1623
product's quality assurance period.1624

       (11) "Tort action" means a civil action for damages for1625
injury, death, or loss to person or property. "Tort action"1626
includes a product liability claim that is subject to sections1627
2307.71 to 2307.80 of the Revised Code but does not include a1628
civil action for a breach of contract or another agreement between1629
persons.1630

       (B) Notwithstanding Chapter 3715. of the Revised Code, a1631
person who, in good faith, donates perishable food to an agency is1632
not liable in damages in a tort action for harm that allegedly1633
arises because that perishable food, when distributed by the1634
agency or any other agency to a particular individual in need, is1635
not fit for human consumption, if both of the following apply:1636

       (1) Prior to the donation of the perishable food to the1637
agency, the person determines that the perishable food will be fit1638
for human consumption at the time of its donation. A presumption1639
favoring liability does not arise because the perishable food is1640
donated to an agency on or after an applicable sale date.1641

       (2) The person does not make the determination that the1642
perishable food will be fit for human consumption at the time of1643
its donation to the agency in a manner that constitutes gross1644
negligence or willful or wanton misconduct.1645

       (C) A person who, in good faith, donates consumer goods to an 1646
agency is not liable in damages in a tort action for harm that 1647
allegedly arises because those consumer goods are not fit for use 1648
at the time the agency or any other agency distributes them to a 1649
particular individual in need, if both of the following apply:1650

        (1) Prior to the donation of the consumer goods to the 1651
agency, the person determines that the consumer goods will be fit 1652
for use at the time of their donation. A presumption favoring 1653
liability does not arise because the consumer goods are in 1654
packaging that has been damaged.1655

        (2) The person does not make the determination that the 1656
consumer goods will be fit for use at the time of their donation 1657
to the agency in a manner that constitutes gross negligence or 1658
willful or wanton misconduct.1659

       (D) Notwithstanding Chapter 3715. of the Revised Code, an 1660
agency that, in good faith, distributes consumer goods or 1661
perishable food to a particular individual in need is not liable 1662
in damages in a tort action for harm that allegedly arises because 1663
those consumer goods are not fit for use or that perishable food 1664
is not fit for human consumption if both of the following apply:1665

       (1) Prior to the distribution of the consumer goods or 1666
perishable food to the individual, the agency determines that the 1667
consumer goods will be fit for use or the perishable food will be 1668
fit for human consumption at the time of its distribution. A 1669
presumption favoring liability does not arise because the consumer 1670
goods are in packaging that has been damaged or because the 1671
perishable food is distributed to an individual on or after an 1672
applicable sale date.1673

       (2) The agency does not make the determination that the 1674
consumer goods will be fit for use or the perishable food will be 1675
fit for human consumption at the time of its distribution to the 1676
individual in a manner that constitutes gross negligence or 1677
willful or wanton misconduct.1678

        (E)(1) This section does not create a new cause of action or1679
substantive legal right against persons who donate consumer goods 1680
or perishable food to an agency or against agencies that 1681
distribute consumer goods or perishable food to an individual in 1682
need.1683

       (2) This section does not affect any immunities from or1684
defenses to tort liability established by another section of the1685
Revised Code or available at common law to which persons who1686
donate consumer goods or perishable food other than to agencies, 1687
or to which agencies that distribute consumer goods or perishable 1688
food other than to individuals in need, may be entitled.1689

       Sec. 2919.16.  As used in sections 2919.16 to 2919.18 of the1690
Revised Code:1691

       (A) "Fertilization" means the fusion of a human spermatozoon1692
with a human ovum.1693

       (B) "Gestational age" means the age of an unborn human as1694
calculated from the first day of the last menstrual period of a1695
pregnant woman.1696

       (C) "Health care facility" means a hospital, clinic,1697
ambulatory surgical treatment center, other center, medical1698
school, office of a physician, infirmary, dispensary, medical1699
training institution, or other institution or location in or at1700
which medical care, treatment, or diagnosis is provided to a1701
person.1702

       (D) "Hospital" has the same meanings as in sections 2108.01,1703
means both of the following:1704

       (1) Any hospital operated in this state that is certified 1705
under Title XVIII of the "Social Security Act," 42 U.S.C. 301, as 1706
amended, or accredited by the joint commission on accreditation of 1707
healthcare organizations or the American osteopathic association;1708

       (2) A facility licensed, accredited, registered, or approved 1709
as a hospital under the laws of any state, including a facility 1710
operated as a hospital by a state or a subdivision of the state, 1711
although not required to be licensed under state laws.1712

       "Hospital" also includes those facilities described or 1713
defined in sections 3701.01, and 5122.01 of the Revised Code.1714

       (E) "Live birth" has the same meaning as in division (A) of1715
section 3705.01 of the Revised Code.1716

       (F) "Medical emergency" means a condition that a pregnant1717
woman's physician determines, in good faith and in the exercise of1718
reasonable medical judgment, so complicates the woman's pregnancy1719
as to necessitate the immediate performance or inducement of an1720
abortion in order to prevent the death of the pregnant woman or to1721
avoid a serious risk of the substantial and irreversible1722
impairment of a major bodily function of the pregnant woman that1723
delay in the performance or inducement of the abortion would1724
create.1725

       (G) "Physician" has the same meaning as in section 2305.113 1726
of the Revised Code.1727

       (H) "Pregnant" means the human female reproductive condition, 1728
that commences with fertilization, of having a developing fetus.1729

       (I) "Premature infant" means a human whose live birth occurs1730
prior to thirty-eight weeks of gestational age.1731

       (J) "Serious risk of the substantial and irreversible1732
impairment of a major bodily function" means any medically1733
diagnosed condition that so complicates the pregnancy of the woman1734
as to directly or indirectly cause the substantial and1735
irreversible impairment of a major bodily function, including, but1736
not limited to, the following conditions:1737

       (1) Pre-eclampsia;1738

       (2) Inevitable abortion;1739

       (3) Prematurely ruptured membrane;1740

       (4) Diabetes;1741

       (5) Multiple sclerosis.1742

       (K) "Unborn human" means an individual organism of the1743
species homo sapiens from fertilization until live birth.1744

       (L) "Viable" means the stage of development of a human fetus1745
at which in the determination of a physician, based on the1746
particular facts of a woman's pregnancy that are known to the1747
physician and in light of medical technology and information1748
reasonably available to the physician, there is a realistic1749
possibility of the maintaining and nourishing of a life outside of1750
the womb with or without temporary artificial life-sustaining1751
support.1752

       Sec. 3301.07.  The state board of education shall exercise1753
under the acts of the general assembly general supervision of the1754
system of public education in the state. In addition to the powers 1755
otherwise imposed on the state board under the provisions of law, 1756
the board shall have the following powers:1757

       (A) Exercise policy forming, planning, and evaluative1758
functions for the public schools of the state, and for adult1759
education, except as otherwise provided by law;1760

       (B) Exercise leadership in the improvement of public1761
education in this state, and administer the educational policies1762
of this state relating to public schools, and relating to1763
instruction and instructional material, building and equipment,1764
transportation of pupils, administrative responsibilities of1765
school officials and personnel, and finance and organization of1766
school districts, educational service centers, and territory.1767
Consultative and advisory services in such matters shall be1768
provided by the board to school districts and educational service1769
centers of this state. The board also shall develop a standard of1770
financial reporting which shall be used by all school districts1771
and educational service centers to make their financial1772
information available to the public in a format understandable by1773
the average citizen and provide year-to-year comparisons for at1774
least five years. The format shall show, among other things,1775
district and educational service center revenue by source;1776
expenditures for salaries, wages, and benefits of employees,1777
showing such amounts separately for classroom teachers, other1778
employees required to hold licenses issued pursuant to sections1779
3319.22 to 3319.31 of the Revised Code, and all other employees;1780
expenditures other than for personnel, by category, including1781
utilities, textbooks and other educational materials, equipment,1782
permanent improvements, pupil transportation, extracurricular1783
athletics, and other extracurricular activities; and per pupil1784
expenditures.1785

       (C) Administer and supervise the allocation and distribution1786
of all state and federal funds for public school education under1787
the provisions of law, and may prescribe such systems of1788
accounting as are necessary and proper to this function. It may1789
require county auditors and treasurers, boards of education,1790
educational service center governing boards, treasurers of such1791
boards, teachers, and other school officers and employees, or1792
other public officers or employees, to file with it such reports1793
as it may prescribe relating to such funds, or to the management1794
and condition of such funds.1795

       (D) Formulate and prescribe minimum standards to be applied1796
to all elementary and secondary schools in this state for the1797
purpose of requiring a general education of high quality. Such1798
standards shall provide adequately for: the licensing of teachers,1799
administrators, and other professional personnel and their1800
assignment according to training and qualifications; efficient and1801
effective instructional materials and equipment, including library1802
facilities; the proper organization, administration, and1803
supervision of each school, including regulations for preparing1804
all necessary records and reports and the preparation of a1805
statement of policies and objectives for each school; buildings,1806
grounds, health and sanitary facilities and services; admission of1807
pupils, and such requirements for their promotion from grade to1808
grade as will assure that they are capable and prepared for the1809
level of study to which they are certified; requirements for1810
graduation; and such other factors as the board finds necessary.1811

       In the formulation and administration of such standards for1812
nonpublic schools the board shall also consider the particular1813
needs, methods and objectives of those schools, provided they do1814
not conflict with the provision of a general education of a high1815
quality and provided that regular procedures shall be followed for1816
promotion from grade to grade of pupils who have met the1817
educational requirements prescribed.1818

       (E) May require as part of the health curriculum information 1819
developed under section 2108.152108.34 of the Revised Code1820
promoting the donation of anatomical gifts pursuant to Chapter1821
2108. of the Revised Code and may provide the information to high1822
schools, educational service centers, and joint vocational school1823
district boards of education;1824

       (F) Prepare and submit annually to the governor and the1825
general assembly a report on the status, needs, and major problems1826
of the public schools of the state, with recommendations for1827
necessary legislative action and a ten-year projection of the1828
state's public and nonpublic school enrollment, by year and by1829
grade level;1830

       (G) Prepare and submit to the director of budget and1831
management the biennial budgetary requests of the state board of1832
education, for its agencies and for the public schools of the1833
state;1834

       (H) Cooperate with federal, state, and local agencies1835
concerned with the health and welfare of children and youth of the1836
state;1837

       (I) Require such reports from school districts and1838
educational service centers, school officers, and employees as are1839
necessary and desirable. The superintendents and treasurers of1840
school districts and educational service centers shall certify as1841
to the accuracy of all reports required by law or state board or1842
state department of education rules to be submitted by the1843
district or educational service center and which contain1844
information necessary for calculation of state funding. Any1845
superintendent who knowingly falsifies such report shall be1846
subject to license revocation pursuant to section 3319.31 of the1847
Revised Code.1848

       (J) In accordance with Chapter 119. of the Revised Code,1849
adopt procedures, standards, and guidelines for the education of 1850
children with disabilities pursuant to Chapter 3323. of the 1851
Revised Code, including procedures, standards, and guidelines 1852
governing programs and services operated by county boards of 1853
mental retardation and developmental disabilities pursuant to 1854
section 3323.09 of the Revised Code;1855

       (K) For the purpose of encouraging the development of special 1856
programs of education for academically gifted children, employ 1857
competent persons to analyze and publish data, promote research, 1858
advise and counsel with boards of education, and encourage the 1859
training of teachers in the special instruction of gifted 1860
children. The board may provide financial assistance out of any 1861
funds appropriated for this purpose to boards of education and 1862
educational service center governing boards for developing and1863
conducting programs of education for academically gifted children.1864

       (L) Require that all public schools emphasize and encourage,1865
within existing units of study, the teaching of energy and1866
resource conservation as recommended to each district board of1867
education by leading business persons involved in energy1868
production and conservation, beginning in the primary grades;1869

       (M) Formulate and prescribe minimum standards requiring the1870
use of phonics as a technique in the teaching of reading in grades1871
kindergarten through three. In addition, the state board shall1872
provide in-service training programs for teachers on the use of1873
phonics as a technique in the teaching of reading in grades1874
kindergarten through three.1875

       (N) Develop and modify as necessary a state plan for1876
technology to encourage and promote the use of technological1877
advancements in educational settings.1878

       The board may adopt rules necessary for carrying out any1879
function imposed on it by law, and may provide rules as are1880
necessary for its government and the government of its employees,1881
and may delegate to the superintendent of public instruction the1882
management and administration of any function imposed on it by1883
law. It may provide for the appointment of board members to serve1884
on temporary committees established by the board for such purposes1885
as are necessary. Permanent or standing committees shall not be1886
created.1887

       Sec. 4501.024.  The bureau of motor vehicles shall do both of 1888
the following:1889

       (A) Develop and maintain a donor registry as required by 1890
section 2108.182108.23 of the Revised Code;1891

       (B) Maintain a toll-free telephone number as specified in 1892
section 2108.192108.32 of the Revised Code.1893

       Sec. 4503.721.  (A) The owner or lessee of any passenger car, 1894
noncommercial motor vehicle, recreational vehicle, or other 1895
vehicle of a class approved by the registrar of motor vehicles may 1896
apply to the registrar for the registration of the vehicle and 1897
issuance of "donate life" license plates. An application made 1898
under this section may be combined with a request for a special 1899
reserved license plate under section 4503.40 or 4503.42 of the 1900
Revised Code. Upon receipt of the completed application and 1901
compliance by the applicant with divisions (B) and (C) of this 1902
section, the registrar shall issue to the applicant the 1903
appropriate vehicle registration and a set of "donate life" 1904
license plates and a validation sticker, or a validation sticker 1905
alone when required by section 4503.191 of the Revised Code.1906

       In addition to the letters and numbers ordinarily inscribed 1907
on the license plates, "donate life" license plates shall be 1908
inscribed with identifying words or markings designated by 1909
lifeline of Ohio, incorporated, and approved by the registrar. 1910
"Donate life" license plates shall display county identification 1911
stickers that identify the county of registration by name or 1912
number.1913

       (B) The "donate life" license plates and a validation 1914
sticker, or validation sticker alone, shall be issued upon receipt 1915
of a contribution as provided in division (C) of this section and 1916
upon payment of the regular license tax as prescribed under 1917
section 4503.04 of the Revised Code, any applicable motor vehicle 1918
license tax levied under Chapter 4504. of the Revised Code, any 1919
applicable additional fee prescribed by section 4503.40 or 4503.42 1920
of the Revised Code, an additional fee of ten dollars, and 1921
compliance with all other applicable laws relating to the 1922
registration of motor vehicles.1923

       (C) For each application for registration and registration 1924
renewal notice the registrar receives under this section, the 1925
registrar shall collect a contribution of five dollars. The 1926
registrar shall transmit this contribution to the treasurer of 1927
state for deposit into the state treasury to the credit of the 1928
second chance trust fund created in section 2108.152108.34 of the 1929
Revised Code.1930

       The additional fee of ten dollars is to compensate the bureau 1931
of motor vehicles for additional services required in the issuing 1932
of "donate life" license plates. The registrar shall transmit the 1933
additional fee to the treasurer of state for deposit into the 1934
state treasury to the credit of the state bureau of motor vehicles 1935
fund created by section 4501.25 of the Revised Code.1936

       Sec. 4506.07.  (A) Every application for a commercial1937
driver's license, restricted commercial driver's license, or a1938
commercial driver's temporary instruction permit, or a duplicate1939
of such a license, shall be made upon a form approved and1940
furnished by the registrar of motor vehicles. Except as provided1941
in section 4506.24 of the Revised Code in regard to a restricted1942
commercial driver's license, the application shall be signed by1943
the applicant and shall contain the following information:1944

       (1) The applicant's name, date of birth, social security 1945
account number, sex, general description including height, weight, 1946
and color of hair and eyes, current residence, duration of 1947
residence in this state, country of citizenship, and occupation;1948

       (2) Whether the applicant previously has been licensed to1949
operate a commercial motor vehicle or any other type of motor1950
vehicle in another state or a foreign jurisdiction and, if so,1951
when, by what state, and whether the license or driving privileges 1952
currently are suspended or revoked in any jurisdiction, or the 1953
applicant otherwise has been disqualified from operating a 1954
commercial motor vehicle, or is subject to an out-of-service order 1955
issued under this chapter or any similar law of another state or a 1956
foreign jurisdiction and, if so, the date of, locations involved, 1957
and reason for the suspension, revocation, disqualification, or 1958
out-of-service order;1959

       (3) Whether the applicant is afflicted with or suffering from 1960
any physical or mental disability or disease that prevents the 1961
applicant from exercising reasonable and ordinary control over a 1962
motor vehicle while operating it upon a highway or is or has been1963
subject to any condition resulting in episodic impairment of1964
consciousness or loss of muscular control and, if so, the nature1965
and extent of the disability, disease, or condition, and the names 1966
and addresses of the physicians attending the applicant;1967

       (4) Whether the applicant has obtained a medical examiner's 1968
certificate as required by this chapter;1969

       (5) Whether the applicant has pending a citation for1970
violation of any motor vehicle law or ordinance except a parking1971
violation and, if so, a description of the citation, the court1972
having jurisdiction of the offense, and the date when the offense1973
occurred;1974

       (6) Whether the applicant wishes to certify willingness to1975
make an anatomical donationgift under section 2108.042108.05 of 1976
the Revised Code, which shall be given no consideration in the 1977
issuance of a license;1978

       (7) On and after May 1, 1993, whether the applicant has1979
executed a valid durable power of attorney for health care1980
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has 1981
executed a declaration governing the use or continuation, or the 1982
withholding or withdrawal, of life-sustaining treatment pursuant 1983
to sections 2133.01 to 2133.15 of the Revised Code and, if the1984
applicant has executed either type of instrument, whether the1985
applicant wishes the license issued to indicate that the applicant 1986
has executed the instrument.1987

       (B) Every applicant shall certify, on a form approved and1988
furnished by the registrar, all of the following:1989

       (1) That the motor vehicle in which the applicant intends to 1990
take the driving skills test is representative of the type of1991
motor vehicle that the applicant expects to operate as a driver;1992

       (2) That the applicant is not subject to any disqualification 1993
or out-of-service order, or license suspension, revocation, or 1994
cancellation, under the laws of this state, of another state, or 1995
of a foreign jurisdiction and does not have more than one driver's 1996
license issued by this or another state or a foreign jurisdiction;1997

       (3) Any additional information, certification, or evidence1998
that the registrar requires by rule in order to ensure that the1999
issuance of a commercial driver's license to the applicant is in2000
compliance with the law of this state and with federal law.2001

       (C) Every applicant shall execute a form, approved and2002
furnished by the registrar, under which the applicant consents to2003
the release by the registrar of information from the applicant's2004
driving record.2005

       (D) The registrar or a deputy registrar, in accordance with2006
section 3503.11 of the Revised Code, shall register as an elector 2007
any applicant for a commercial driver's license or for a renewal 2008
or duplicate of such a license under this chapter, if the 2009
applicant is eligible and wishes to be registered as an elector. 2010
The decision of an applicant whether to register as an elector 2011
shall be given no consideration in the decision of whether to 2012
issue the applicant a license or a renewal or duplicate.2013

       (E) The registrar or a deputy registrar, in accordance with2014
section 3503.11 of the Revised Code, shall offer the opportunity 2015
of completing a notice of change of residence or change of name to 2016
any applicant for a commercial driver's license or for a renewal 2017
or duplicate of such a license who is a resident of this state, if 2018
the applicant is a registered elector who has changed the 2019
applicant's residence or name and has not filed such a notice.2020

       (F) In considering any application submitted pursuant to this 2021
section, the bureau of motor vehicles may conduct any inquiries 2022
necessary to ensure that issuance or renewal of a commercial 2023
driver's license would not violate any provision of the Revised 2024
Code or federal law.2025

       Sec. 4506.081.  In addition to the fees collected under2026
section 4506.08 of the Revised Code, the registrar or deputy2027
registrar of motor vehicles shall ask each person applying for or 2028
renewing a commercial driver's license, restricted commercial2029
driver's license, or duplicate whether the person wishes to make a2030
one-dollar voluntary contribution to the second chance trust fund 2031
established under section 2108.152108.34 of the Revised Code. The 2032
registrar or deputy registrar shall also make available to the 2033
person informational material provided by the department of health 2034
on the importance of organ, tissue, and eye donation. 2035

       All donations collected under this section during each month 2036
shall be forwarded by the registrar or deputy registrar not later 2037
than the fifth day of the immediately following month to the 2038
treasurer of state, who shall deposit them in the second chance 2039
trust fund. 2040

       Sec. 4506.11.  (A) Every commercial driver's license shall be 2041
marked "commercial driver's license" or "CDL" and shall be of such 2042
material and so designed as to prevent its reproduction or2043
alteration without ready detection, and, to this end, shall be2044
laminated with a transparent plastic material. The commercial2045
driver's license for licensees under twenty-one years of age shall2046
have characteristics prescribed by the registrar of motor vehicles2047
distinguishing it from that issued to a licensee who is twenty-one2048
years of age or older. Every commercial driver's license shall2049
display all of the following information:2050

       (1) The name and residence address of the licensee;2051

       (2) A color photograph of the licensee showing the licensee's 2052
uncovered face;2053

       (3) A physical description of the licensee, including sex,2054
height, weight, and color of eyes and hair;2055

       (4) The licensee's date of birth;2056

       (5) The licensee's social security number if the person has2057
requested that the number be displayed in accordance with section2058
4501.31 of the Revised Code or if federal law requires the social2059
security number to be displayed and any number or other identifier2060
the director of public safety considers appropriate and2061
establishes by rules adopted under Chapter 119. of the Revised2062
Code and in compliance with federal law;2063

       (6) The licensee's signature;2064

       (7) The classes of commercial motor vehicles the licensee is2065
authorized to drive and any endorsements or restrictions relating2066
to the licensee's driving of those vehicles;2067

       (8) The name of this state;2068

       (9) The dates of issuance and of expiration of the license;2069

       (10) If the licensee has certified willingness to make an2070
anatomical donationgift under section 2108.042108.05 of the 2071
Revised Code, any symbol chosen by the registrar of motor vehicles 2072
to indicate that the licensee has certified that willingness;2073

       (11) If the licensee has executed a durable power of attorney 2074
for health care or a declaration governing the use or2075
continuation, or the withholding or withdrawal, of life-sustaining2076
treatment and has specified that the licensee wishes the license2077
to indicate that the licensee has executed either type of2078
instrument, any symbol chosen by the registrar to indicate that2079
the licensee has executed either type of instrument;2080

       (12) Any other information the registrar considers advisable2081
and requires by rule.2082

       (B) The registrar may establish and maintain a file of2083
negatives of photographs taken for the purposes of this section.2084

       (C) Neither the registrar nor any deputy registrar shall2085
issue a commercial driver's license to anyone under twenty-one2086
years of age that does not have the characteristics prescribed by2087
the registrar distinguishing it from the commercial driver's2088
license issued to persons who are twenty-one years of age or2089
older.2090

       (D) Whoever violates division (C) of this section is guilty2091
of a minor misdemeanor.2092

       Sec. 4507.06.  (A)(1) Every application for a driver's2093
license or motorcycle operator's license or endorsement, or2094
duplicate of any such license or endorsement, shall be made upon2095
the approved form furnished by the registrar of motor vehicles and2096
shall be signed by the applicant.2097

       Every application shall state the following:2098

       (a) The applicant's name, date of birth, social security2099
number if such has been assigned, sex, general description,2100
including height, weight, color of hair, and eyes, residence2101
address, including county of residence, duration of residence in2102
this state, and country of citizenship;2103

       (b) Whether the applicant previously has been licensed as an2104
operator, chauffeur, driver, commercial driver, or motorcycle2105
operator and, if so, when, by what state, and whether such license2106
is suspended or canceled at the present time and, if so, the date2107
of and reason for the suspension or cancellation;2108

       (c) Whether the applicant is now or ever has been afflicted2109
with epilepsy, or whether the applicant now is suffering from any2110
physical or mental disability or disease and, if so, the nature2111
and extent of the disability or disease, giving the names and2112
addresses of physicians then or previously in attendance upon the2113
applicant;2114

       (d) Whether an applicant for a duplicate driver's license, or 2115
duplicate license containing a motorcycle operator endorsement has 2116
pending a citation for violation of any motor vehicle law or2117
ordinance, a description of any such citation pending, and the2118
date of the citation;2119

       (e) Whether the applicant wishes to certify willingness to2120
make an anatomical gift under section 2108.042108.05 of the 2121
Revised Code, which shall be given no consideration in the 2122
issuance of a license or endorsement;2123

       (f) Whether the applicant has executed a valid durable power2124
of attorney for health care pursuant to sections 1337.11 to2125
1337.17 of the Revised Code or has executed a declaration2126
governing the use or continuation, or the withholding or2127
withdrawal, of life-sustaining treatment pursuant to sections2128
2133.01 to 2133.15 of the Revised Code and, if the applicant has2129
executed either type of instrument, whether the applicant wishes2130
the applicant's license to indicate that the applicant has2131
executed the instrument.2132

       (2) Every applicant for a driver's license shall be2133
photographed in color at the time the application for the license2134
is made. The application shall state any additional information2135
that the registrar requires.2136

       (B) The registrar or a deputy registrar, in accordance with2137
section 3503.11 of the Revised Code, shall register as an elector2138
any person who applies for a driver's license or motorcycle2139
operator's license or endorsement under division (A) of this2140
section, or for a renewal or duplicate of the license or2141
endorsement, if the applicant is eligible and wishes to be2142
registered as an elector. The decision of an applicant whether to2143
register as an elector shall be given no consideration in the2144
decision of whether to issue the applicant a license or2145
endorsement, or a renewal or duplicate.2146

       (C) The registrar or a deputy registrar, in accordance with2147
section 3503.11 of the Revised Code, shall offer the opportunity2148
of completing a notice of change of residence or change of name to2149
any applicant for a driver's license or endorsement under division2150
(A) of this section, or for a renewal or duplicate of the license2151
or endorsement, if the applicant is a registered elector who has2152
changed the applicant's residence or name and has not filed such a2153
notice.2154

       Sec. 4507.231.  In addition to the fees collected under2155
section 4507.23 of the Revised Code, the registrar or deputy2156
registrar of motor vehicles shall ask each person applying for or 2157
renewing a driver's license, motorcycle operator's endorsement, or2158
duplicate whether the person wishes to make a one-dollar voluntary 2159
contribution to the second chance trust fund established under 2160
section 2108.152108.34 of the Revised Code. The registrar or 2161
deputy registrar shall also make available to the person 2162
informational material provided by the department of health on the2163
importance of organ, tissue, and eye donation. 2164

       All donations collected under this section during each month 2165
shall be forwarded by the registrar or deputy registrar not later 2166
than the fifth day of the immediately following month to the 2167
treasurer of state, who shall deposit them in the second chance 2168
trust fund.2169

       Sec. 4507.501.  In addition to the fees collected under2170
section 4507.50 of the Revised Code, the registrar or deputy2171
registrar of motor vehicles shall ask each applicant for an2172
identification card or duplicate under section 4507.51 of the2173
Revised Code whether the person wishes to make a one-dollar 2174
voluntary contribution to the second chance trust fund established 2175
under section 2108.152108.34 of the Revised Code. The registrar 2176
or deputy registrar shall also make available to the person 2177
informational material provided by the department of health on the2178
importance of organ, tissue, and eye donation.2179

       All donations collected under this section during each month 2180
shall be forwarded by the registrar or deputy registrar not later 2181
than the fifth day of the immediately following month to the 2182
treasurer of state, who shall deposit them in the second chance 2183
trust fund.2184

       Sec. 4507.51.  (A)(1) Every application for an identification 2185
card or duplicate shall be made on a form furnished by the 2186
registrar of motor vehicles, shall be signed by the applicant, and 2187
by the applicant's parent or guardian if the applicant is under 2188
eighteen years of age, and shall contain the following information 2189
pertaining to the applicant: name, date of birth, sex, general 2190
description including the applicant's height, weight, hair color, 2191
and eye color, address, and social security number. The2192
application also shall state whether an applicant wishes to2193
certify willingness to make an anatomical gift under section2194
2108.042108.05 of the Revised Code and shall include information 2195
about the requirements of that sectionsections 2108.01 to 2108.29 2196
of the Revised Code that apply to persons who are less than 2197
eighteen years of age. The statement regarding willingness to make 2198
such a donation shall be given no consideration in the decision of 2199
whether to issue an identification card. Each applicant shall be2200
photographed in color at the time of making application.2201

       (2) The application also shall state whether the applicant2202
has executed a valid durable power of attorney for health care2203
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has2204
executed a declaration governing the use or continuation, or the2205
withholding or withdrawal, of life-sustaining treatment pursuant2206
to sections 2133.01 to 2133.15 of the Revised Code and, if the2207
applicant has executed either type of instrument, whether the2208
applicant wishes the identification card issued to indicate that2209
the applicant has executed the instrument.2210

       (3) The registrar or deputy registrar, in accordance with2211
section 3503.11 of the Revised Code, shall register as an elector2212
any person who applies for an identification card or duplicate if2213
the applicant is eligible and wishes to be registered as an2214
elector. The decision of an applicant whether to register as an2215
elector shall be given no consideration in the decision of whether2216
to issue the applicant an identification card or duplicate.2217

       (B) The application for an identification card or duplicate2218
shall be filed in the office of the registrar or deputy registrar.2219
Each applicant shall present documentary evidence as required by2220
the registrar of the applicant's age and identity, and the 2221
applicant shall swear that all information given is true.2222

       All applications for an identification card or duplicate2223
shall be filed in duplicate, and if submitted to a deputy2224
registrar, a copy shall be forwarded to the registrar. The2225
registrar shall prescribe rules for the manner in which a deputy2226
registrar is to file and maintain applications and other records.2227
The registrar shall maintain a suitable, indexed record of all2228
applications denied and cards issued or canceled.2229

       Sec. 4508.021. (A) As used in this section:2230

       (1) "State agency" has the same meaning as in section 1.60 of 2231
the Revised Code.2232

       (2) "Electronic medium" means a video cassette tape, CD-ROM,2233
interactive videodisc, or other format used to convey information2234
to students through electronic means.2235

       (B) The classroom instruction required by division (C) of2236
section 4508.02 of the Revised Code shall include the2237
dissemination of information regarding anatomical gifts and2238
anatomical gift procedures or a presentation and discussion of2239
such gifts and procedures in accordance with this section. The2240
second chance trust fund advisory committee created under section2241
2108.172108.35 of the Revised Code shall approve any brochure, 2242
written material, or electronic medium used by a driver training 2243
school to provide information to students regarding anatomical 2244
gifts and anatomical gift procedures. However, the committee shall 2245
not approve any such brochure, written material, or electronic 2246
medium that contains religious content for use in a driver 2247
education course conducted by a school district or educational 2248
service center.2249

       (C)(1) If any brochure or other written material approved by2250
the committee under division (B) of this section is made available2251
to a driver training school at no cost, the instructor shall2252
provide such brochure or material to students.2253

       (2) If any electronic medium that is less than twenty minutes2254
in length and that is approved by the committee under division (B)2255
of this section is made available to a driver training school at2256
no cost, the instructor shall show the electronic medium to2257
students, provided that the school maintains operable viewing2258
equipment. If more than one such electronic medium is made2259
available to a school in accordance with this division, the2260
instructor shall select one electronic medium from among those2261
received by the school to show to students.2262

       (3) If no electronic medium is shown to students as specified 2263
in division (C)(2) of this section, the instructor shall organize 2264
a classroom presentation and discussion regarding anatomical gifts 2265
and anatomical gift procedures. The instructor may arrange for 2266
the presentation to be conducted by an employee of the department 2267
of health or any other state agency, an employee or volunteer of 2268
the second chance trust fund, an employee or volunteer of any2269
organization involved in the procurement of organ donations, an2270
organ donor, an organ recipient, an employee or volunteer of a 2271
tissue or eye bank, or a tissue or corneal transplant recipient, 2272
provided that no such person charges a fee to the school for the 2273
presentation. However, no such presentation that contains 2274
religious content shall be made to students of a driver education 2275
course conducted by a school district or educational service 2276
center. Students shall be granted the opportunity to ask questions 2277
on anatomical gifts and anatomical gift procedures during the 2278
presentation and discussion.2279

       Nothing in this section shall prohibit an instructor from2280
also organizing a classroom presentation and discussion regarding2281
anatomical gifts and anatomical gift procedures in accordance with2282
this division if the instructor shows an electronic medium to2283
students pursuant to division (C)(2) of this section.2284

       (D) No student shall be required to participate in any2285
instruction in anatomical gifts or anatomical gift procedures2286
conducted under this section upon written notification from the2287
student's parent or guardian, or the student if the student is2288
over eighteen years of age, that such instruction conflicts with2289
the religious convictions of the student or the student's parent2290
or guardian. If a student is excused from such instruction, the2291
instructor shall give the student an alternative assignment.2292

       Sec. 4717.17. A funeral director may designate in writing an 2293
eye bank, tissue bank, or both with which the funeral director 2294
will cooperate concerning retrieval of usable eyes and tissues 2295
that have been donated.2296

       An eye or tissue bank designated under this section has the 2297
property right specified in section 2108.02 of the Revised Code.2298

       A funeral director acting in good faith is not liable in 2299
damages for injury resulting from acting or attempting to act in 2300
accordance with the donor's declaration under section 2108.042301
sections 2108.01 to 2108.29 of the Revised Code ofregarding an 2302
anatomical gift.2303

       Section 2.  That existing sections 124.04, 313.23, 2105.35, 2304
2108.09, 2108.11, 2108.15, 2108.17, 2108.18, 2108.19, 2108.20, 2305
2108.21, 2108.30, 2108.78, 2108.99, 2133.01, 2133.07, 2133.16, 2306
2305.37, 2919.16, 3301.07, 4501.024, 4503.721, 4506.07, 4506.081, 2307
4506.11, 4507.06, 4507.231, 4507.501, 4507.51, 4508.021, and 2308
4717.17 and sections 2108.01, 2108.02, 2108.021, 2108.03, 2309
2108.04, 2108.05, 2108.06, 2108.07, 2108.071, 2108.08, 2108.10, 2310
2108.101, 2108.12, 2108.53, and 2108.60 of the Revised Code are 2311
hereby repealed.2312