As Reported by the Senate Health, Human Services and Aging Committee

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, 313.13, 313.23, 313.30, 1
1337.11, 2105.35, 2108.09, 2108.11, 2108.15, 2
2108.17, 2108.18, 2108.19, 2108.20, 2108.21, 3
2108.30, 2108.78, 2108.99, 2133.01, 2133.07, 4
2133.16, 2305.37, 2919.16, 3301.07, 4501.024, 5
4503.721, 4506.07, 4506.081, 4506.11, 4507.06, 6
4507.231, 4507.501, 4507.51, 4508.021, and 7
4717.17, to amend, for the purpose of adopting 8
new section numbers as indicated in parentheses, 9
sections 2108.09 (2108.02), 2108.11 (2108.30), 10
2108.15 (2108.34), 2108.17 (2108.35), 2108.18 11
(2108.23), 2108.19 (2108.32), 2108.20 (2108.33), 12
2108.21 (2108.31), and 2108.30 (2108.40), to 13
enact new sections 2108.01, 2108.03, 2108.04, 14
2108.05, 2108.06, 2108.07, 2108.08, 2108.09, 15
2108.10, 2108.11, 2108.12, 2108.15, 2108.17, 16
2108.18, 2108.19, 2108.20, and 2108.21, and 17
sections 2108.13, 2108.14, 2108.16, 2108.22,18
2108.24, 2108.25, 2108.26, 2108.261, 2108.262, 19
2108.263, 2108.264, 2108.265, 2108.266, 20
2108.267, 2108.268, 2108.269, 2108.27, 2108.271, 21
2108.272, 2108.28, and 2108.29 and to repeal 22
sections 2108.01, 2108.02, 2108.021, 2108.03, 23
2108.04, 2108.05, 2108.06, 2108.07, 2108.071, 24
2108.08, 2108.10, 2108.101, 2108.12, 2108.53, and 25
2108.60 of the Revised Code to adopt the Revised 26
Uniform Anatomical Gift Act.27


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

       Section 1. That sections 124.04, 313.13, 313.23, 313.30, 28
1337.11, 2105.35, 2108.09, 2108.11, 2108.15, 2108.17, 2108.18, 29
2108.19, 2108.20, 2108.21, 2108.30, 2108.78, 2108.99, 2133.01, 30
2133.07, 2133.16, 2305.37, 2919.16, 3301.07, 4501.024, 31
4503.721, 4506.07, 4506.081, 4506.11, 4507.06, 4507.231, 32
4507.501, 4507.51, 4508.021, and 4717.17 be amended, sections 33
2108.09 (2108.02), 2108.11 (2108.30), 2108.15 (2108.34), 34
2108.17 (2108.35), 2108.18 (2108.23), 2108.19 (2108.32), 2108.20 35
(2108.33), 2108.21 (2108.31), and 2108.30 (2108.40) be amended 36
for the purpose of adopting new section numbers as indicated in 37
parentheses, and new sections 2108.01, 2108.03, 2108.04, 2108.05, 38
2108.06, 2108.07, 2108.08, 2108.09, 2108.10, 2108.11, 2108.12, 39
2108.15, 2108.17, 2108.18, 2108.19, 2108.20, and 2108.21, and 40
sections 2108.13, 2108.14, 2108.16, 2108.22, 2108.24, 2108.25, 41
2108.26, 2108.261, 2108.262, 2108.263, 2108.264, 2108.265, 42
2108.266, 2108.267, 2108.268, 2108.269, 2108.27, 2108.271, 43
2108.272, 2108.28, and 2108.29 of the Revised Code be enacted 44
to read as follows:45

       Sec. 124.04.  In addition to those powers enumerated in46
Chapters 123. and 125. of the Revised Code and as provided47
elsewhere by law, the powers, duties, and functions of the48
department of administrative services not specifically vested in49
and assigned to, or to be performed by, the state personnel board50
of review are hereby vested in and assigned to, and shall be51
performed by, the director of administrative services. These52
powers, duties, and functions shall include, but shall not be53
limited to, the following powers, duties, and functions:54

       (A) To prepare, conduct, and grade all competitive55
examinations for positions in the classified state service;56

       (B) To prepare, conduct, and grade all noncompetitive57
examinations for positions in the classified state service;58

       (C) To prepare eligible lists containing the names of persons 59
qualified for appointment to positions in the classified state 60
service;61

       (D) To prepare or amend, in accordance with section 124.14 of 62
the Revised Code, specifications descriptive of duties,63
responsibilities, requirements, and desirable qualifications of64
the various classifications of positions in the state service;65

       (E) To allocate and reallocate, upon the motion of the66
director or upon request of an appointing authority and in67
accordance with section 124.14 of the Revised Code, any position,68
office, or employment in the state service to the appropriate69
classification on the basis of the duties, responsibilities,70
requirements, and qualifications of that position, office, or71
employment;72

       (F) To develop and conduct personnel recruitment services for 73
positions in the state service;74

       (G) To conduct research on specifications, classifications,75
and salaries of positions in the state service;76

       (H) To develop and conduct personnel training programs,77
including supervisory training programs and best practices plans,78
and to develop merit hiring processes, in cooperation with79
appointing authorities;80

       (I) To include periodically in communications sent to state81
employees both of the following:82

       (1) Information developed under section 2108.152108.34 of 83
the Revised Code promoting the donation of anatomical gifts under84
Chapter 2108. of the Revised Code;85

       (2) Information about the liver or kidney donor and bone86
marrow donor leave granted under section 124.139 of the Revised87
Code.88

       (J) To enter into agreements with universities and colleges89
for in-service training of officers and employees in the civil 90
service and to assist appointing authorities in recruiting91
qualified applicants;92

       (K) To appoint examiners, inspectors, clerks, and other93
assistants necessary in the exercise of the powers and performance 94
of the duties and functions which the director is by law 95
authorized and required to exercise and perform, and to prescribe 96
the duties of all of those employees;97

       (L) To maintain a journal, which shall be open to public98
inspection, in which the director shall keep a record of the99
director's final decision pertaining to the classification or100
reclassification of positions in the classified civil service of 101
the state and assignment or reassignment of employees in the 102
classified civil service of the state to specific position 103
classifications;104

       (M) To delegate any of the powers, functions, or duties105
granted or assigned to the director under this chapter to any106
other state agency of this state as the director considers107
necessary;108

       (N) To delegate any of the powers, functions, or duties109
granted or assigned to the director under this chapter to any110
political subdivision with the concurrence of the legislative111
authority of the political subdivision.112

       Sec. 313.13.  (A) The coroner, any deputy coroner, an113
investigator appointed pursuant to section 313.05 of the Revised114
Code, or any other person the coroner designates as having the115
authority to act under this section may go to the dead body and116
take charge of it. Whether and when an autopsy is performed shall 117
be determined under sections 313.121 and 313.131 of the Revised 118
Code. If an autopsy is performed by the coroner, deputy coroner, 119
or pathologists, a detailed description of the observations 120
written during the progress of such autopsy, or as soon after such 121
autopsy as reasonably possible, and the conclusions drawn from the 122
observations shall be filed in the office of the coroner.123

       If he takes charge of and decides to perform, or performs, an 124
autopsy on a dead body under section 313.121 or 313.131 of the125
Revised Code, the coroner, or in his absence, any deputy coroner,126
under division (E) of section 2108.02 of the Revised Code, may127
waive his paramount right to any donated part of the dead body.128

       (B) If the office of the coroner is notified that a person129
who was the operator of a motor vehicle that was involved in an130
accident or crash was killed in the accident or crash or died as a 131
result of injuries suffered in it, the coroner, deputy coroner, or 132
pathologist shall go to the dead body and take charge of it and 133
administer a chemical test to the blood of the deceased person to 134
determine the alcohol, drug, or alcohol and drug content of the 135
blood. This division does not authorize the coroner, deputy 136
coroner, or pathologist to perform an autopsy, and does not affect 137
and shall not be construed as affecting the provisions of section 138
313.131 of the Revised Code that govern the determination of 139
whether and when an autopsy is to be performed.140

       Sec. 313.23.  (A) As used in this section:141

       (1) "Interested person" means an employee of the coroner's 142
office, a physician, dentist, nurse, professor at a medical 143
school, medical student, medical resident, nursing student, an 144
employee of a recovery agencyprocurement organization, a member 145
of a law enforcement agency, or any other person the coroner, in 146
the coroner's discretion, determines is appropriate.147

       (2) "Recovery agencyProcurement organization" has the same 148
meaning as in section 2108.01 of the Revised Code.149

       (B) The coroner may allow an interested person to view an 150
autopsy of a decedent without the interested person receiving 151
permission to view the decedent's autopsy from the decedent's next 152
of kin.153

       (C) No person who is under eighteen years of age and who is 154
not an interested person may view an autopsy.155

       Sec. 313.30. A coroner may designate in writing an eye 156
bank, tissue bank, or both with which the coroner will cooperate 157
concerning retrieval of usable eyes and tissues that have been 158
donated.159

       An eye or tissue bank designated under this section has the 160
property right specified in section 2108.02 of the Revised Code.161

       A coroner acting in good faith is not liable in damages for 162
injury resulting from acting or attempting to act in accordance 163
with the donor's declaration under section 2108.04sections 164
2108.01 to 2108.29 of the Revised Code ofregarding an anatomical 165
gift.166

       Sec. 1337.11.  As used in sections 1337.11 to 1337.17 of the167
Revised Code:168

       (A) "Adult" means a person who is eighteen years of age or169
older.170

       (B) "Attending physician" means the physician to whom a171
principal or the family of a principal has assigned primary172
responsibility for the treatment or care of the principal or, if173
the responsibility has not been assigned, the physician who has174
accepted that responsibility.175

       (C) "Comfort care" means any of the following:176

       (1) Nutrition when administered to diminish the pain or177
discomfort of a principal, but not to postpone death;178

       (2) Hydration when administered to diminish the pain or179
discomfort of a principal, but not to postpone death;180

       (3) Any other medical or nursing procedure, treatment,181
intervention, or other measure that is taken to diminish the pain182
or discomfort of a principal, but not to postpone death.183

       (D) "Consulting physician" means a physician who, in184
conjunction with the attending physician of a principal, makes one185
or more determinations that are required to be made by the186
attending physician, or to be made by the attending physician and187
one other physician, by an applicable provision of sections188
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of189
medical certainty and in accordance with reasonable medical190
standards.191

       (E) "Declaration for mental health treatment" has the same192
meaning as in section 2135.01 of the Revised Code.193

       (F) "Guardian" means a person appointed by a probate court194
pursuant to Chapter 2111. of the Revised Code to have the care and195
management of the person of an incompetent.196

       (G) "Health care" means any care, treatment, service, or197
procedure to maintain, diagnose, or treat an individual's physical198
or mental condition or physical or mental health.199

       (H) "Health care decision" means informed consent, refusal to 200
give informed consent, or withdrawal of informed consent to health 201
care.202

       (I) "Health care facility" means any of the following:203

       (1) A hospital;204

       (2) A hospice care program or other institution that205
specializes in comfort care of patients in a terminal condition or206
in a permanently unconscious state;207

       (3) A nursing home;208

       (4) A home health agency;209

       (5) An intermediate care facility for the mentally retarded;210

       (6) A regulated community mental health organization.211

       (J) "Health care personnel" means physicians, nurses,212
physician assistants, emergency medical technicians-basic,213
emergency medical technicians-intermediate, emergency medical214
technicians-paramedic, medical technicians, dietitians, other215
authorized persons acting under the direction of an attending216
physician, and administrators of health care facilities.217

       (K) "Home health agency" has the same meaning as in section 218
5101.613701.881 of the Revised Code.219

       (L) "Hospice care program" has the same meaning as in section 220
3712.01 of the Revised Code.221

       (M) "Hospital" has the same meanings as in sections 2108.01,222
3701.01, 3727.01, and 5122.01 of the Revised Code.223

       (N) "Hydration" means fluids that are artificially or224
technologically administered.225

       (O) "Incompetent" has the same meaning as in section 2111.01226
of the Revised Code.227

       (P) "Intermediate care facility for the mentally retarded"228
has the same meaning as in section 5111.20 of the Revised Code.229

       (Q) "Life-sustaining treatment" means any medical procedure,230
treatment, intervention, or other measure that, when administered231
to a principal, will serve principally to prolong the process of232
dying.233

       (R) "Medical claim" has the same meaning as in section 234
2305.113 of the Revised Code.235

       (S) "Mental health treatment" has the same meaning as in236
section 2135.01 of the Revised Code.237

       (T) "Nursing home" has the same meaning as in section 3721.01 238
of the Revised Code.239

       (U) "Nutrition" means sustenance that is artificially or240
technologically administered.241

       (V) "Permanently unconscious state" means a state of242
permanent unconsciousness in a principal that, to a reasonable243
degree of medical certainty as determined in accordance with244
reasonable medical standards by the principal's attending245
physician and one other physician who has examined the principal,246
is characterized by both of the following:247

       (1) Irreversible unawareness of one's being and environment.248

       (2) Total loss of cerebral cortical functioning, resulting in 249
the principal having no capacity to experience pain or suffering.250

       (W) "Person" has the same meaning as in section 1.59 of the251
Revised Code and additionally includes political subdivisions and252
governmental agencies, boards, commissions, departments,253
institutions, offices, and other instrumentalities.254

       (X) "Physician" means a person who is authorized under255
Chapter 4731. of the Revised Code to practice medicine and surgery256
or osteopathic medicine and surgery.257

       (Y) "Political subdivision" and "state" have the same258
meanings as in section 2744.01 of the Revised Code.259

       (Z) "Professional disciplinary action" means action taken by260
the board or other entity that regulates the professional conduct261
of health care personnel, including the state medical board and262
the board of nursing.263

       (AA) "Regulated community mental health organization" means a 264
residential facility as defined and licensed under section 5119.22 265
of the Revised Code or a community mental health agency as defined 266
in section 5122.01 of the Revised Code.267

        (BB) "Terminal condition" means an irreversible, incurable,268
and untreatable condition caused by disease, illness, or injury269
from which, to a reasonable degree of medical certainty as270
determined in accordance with reasonable medical standards by a271
principal's attending physician and one other physician who has272
examined the principal, both of the following apply:273

       (1) There can be no recovery.274

       (2) Death is likely to occur within a relatively short time275
if life-sustaining treatment is not administered.276

       (CC) "Tort action" means a civil action for damages for277
injury, death, or loss to person or property, other than a civil278
action for damages for a breach of contract or another agreement279
between persons.280

       Sec. 2105.35. (A)(1) A person is dead if the person has been 281
determined to be dead pursuant to standards established under282
section 2108.302108.40 of the Revised Code.283

       (2) A physician who makes a determination of death in284
accordance with section 2108.302108.40 of the Revised Code and 285
any person who acts in good faith in reliance on a determination 286
of death made by a physician in accordance with that section is 287
entitled to the immunity conveyed by that section.288

       (B) A certified or authenticated copy of a death certificate289
purporting to be issued by an official or agency of the place290
where the death of a person purportedly occurred is prima-facie291
evidence of the fact, place, date, and time of the person's death292
and the identity of the decedent.293

       (C) A certified or authenticated copy of any record or report 294
of a domestic or foreign governmental agency that a person is 295
missing, detained, dead, or alive is prima-facie evidence of the 296
status and of the dates, circumstances, and places disclosed by 297
the record or report.298

       (D) In the absence of prima-facie evidence of death under299
division (B) or (C) of this section, the fact of death may be300
established by clear and convincing evidence, including301
circumstantial evidence.302

       (E) Except as provided in division (F) of this section, a303
presumption of the death of a person arises:304

       (1) When the person has disappeared and been continuously305
absent from the person's place of last domicile for a five-year306
period without being heard from during the period;307

       (2) When the person has disappeared and been continuously308
absent from the person's place of last domicile without being309
heard from and was at the beginning of the person's absence310
exposed to a specific peril of death, even though the absence has311
continued for less than a five-year period.312

       (F) When a person who is on active duty in the armed services313
of the United States has been officially determined to be absent314
in a status of "missing" or "missing in action," a presumption of315
death arises when the head of the federal department concerned has316
made a finding of death pursuant to the "Federal Missing Persons317
Act," 80 Stat. 625 (1966), 37 U.S.C.A. 551, as amended.318

       (G) In the absence of evidence disputing the time of death319
stipulated on a document described in division (B) or (C) of this320
section, a document described in either of those divisions that321
stipulates a time of death one hundred twenty hours or more after322
the time of death of another person, however the time of death of323
the other person is determined, establishes by clear and324
convincing evidence that the person survived the other person by325
one hundred twenty hours.326

       (H) The provisions of divisions (A) to (G) of this section327
are in addition to any other provisions of the Revised Code, the328
Rules of Criminal Procedure, or the Rules of Evidence that pertain329
to the determination of death and status of a person.330

       Sec. 2108.01.  As used in sections 2108.02 to 2108.35 of the 331
Revised Code:332

       (A) "Adult" means an individual who is at least eighteen 333
years of age.334

       (B) "Agent" means an individual who is either of the 335
following:336

       (1) The principal's attorney in fact under a durable power 337
of attorney for health care;338

       (2) Expressly authorized to make an anatomical gift on the 339
principal's behalf by any other record signed by the principal.340

       (C) "Anatomical gift" means a donation of all or part of a 341
human body to take effect after the donor's death for the purpose 342
of transplantation, therapy, research, or education.343

       (D) "Decedent" means a deceased individual whose body or part 344
is or may be the source of an anatomical gift. The term includes a 345
stillborn infant and, subject to restrictions imposed by law other 346
than sections 2108.01 to 2108.29 of the Revised Code, a fetus.347

       (E) "Disinterested witness" means a witness other than a 348
spouse, child, parent, sibling, grandchild, grandparent, or 349
guardian of the individual who makes an anatomical gift, or 350
another adult who exhibited special care and concern for the 351
individual. "Disinterested witness" does not include a person to 352
which an anatomical gift could pass under section 2108.11 of the 353
Revised Code.354

       (F) "Document of gift" means a donor card or other record 355
used to make an anatomical gift. "Document of gift" includes a 356
statement or symbol on a driver's license or identification card 357
or in the donor registry.358

       (G) "Donor" means an individual whose body or part is the 359
subject of an anatomical gift.360

       (H) "Donor registry" means a database that contains records 361
of anatomical gifts and amendments to or revocations of anatomical 362
gifts.363

       (I) "Driver's license" means a license or permit issued by 364
the registrar of motor vehicles, or a deputy registrar, to operate 365
a vehicle, whether or not conditions are attached to the license 366
or permit and includes a driver's license, commercial driver's 367
license, and a motorcycle operator's license or endorsement.368

       (J) "Durable power of attorney for health care" means a 369
document created pursuant to sections 1337.11 to 1337.17 of the 370
Revised Code.371

       (K) "Eye bank" means a person conducting operations in this 372
state that is licensed, accredited, or regulated under federal or 373
state law to engage in the recovery, screening, testing, 374
processing, storage, or distribution of human eyes or portions of 375
human eyes.376

       (L) "Guardian" means a person appointed by a court to make 377
decisions regarding the support, care, education, health, or 378
welfare of an individual. "Guardian" does not include a guardian 379
ad litem.380

       (M) "Hospital" means a facility operated as a hospital under 381
the laws of this or any other state or a facility operated as a 382
hospital by the United States, this or any other state, or a 383
subdivision of this or any other state.384

       (N) "Identification card" means an identification card issued 385
by the registrar of motor vehicles or a deputy registrar.386

       (O) "Know" means to have actual knowledge.387

       (P) "Minor" means an individual who is under eighteen years 388
of age.389

       (Q) "Organ procurement organization" means a person 390
conducting operations in this state that is designated by the 391
secretary of the United States department of health and human 392
services as an organ procurement organization.393

       (R) "Parent" means a parent whose parental rights have not 394
been terminated.395

       (S) "Part" means an organ, an eye, or tissue of a human 396
being. "Part" does not include the whole body.397

       (T) "Person" means an individual, corporation, business 398
trust, estate, trust, partnership, limited liability company, 399
association, joint venture, public corporation, government or 400
governmental subdivision, agency, or instrumentality, or any other 401
legal or commercial entity.402

       (U) "Physician" means an individual authorized under Chapter 403
4731. of the Revised Code to practice medicine and surgery, 404
osteopathic medicine and surgery, or podiatric medicine and 405
surgery, or an individual authorized under the laws of any other 406
state to practice medicine and surgery, osteopathic medicine and 407
surgery, or podiatric medicine and surgery.408

       (V) "Procurement organization" means an eye bank, organ 409
procurement organization, or tissue bank.410

       (W) "Prospective donor" means an individual who is dead or 411
near death and has been determined by a procurement organization 412
to have a part that could be medically suitable for 413
transplantation, therapy, research, or education. "Prospective 414
donor" does not include an individual who has made a refusal.415

       (X) "Reasonably available" means able to be contacted by a 416
procurement organization without undue effort and willing and able 417
to act in a timely manner consistent with existing medical 418
criteria necessary for the making of an anatomical gift.419

       (Y) "Recipient" means an individual into whose body a 420
decedent's part has been or is intended to be transplanted.421

       (Z) "Record" means information that is inscribed on a 422
tangible medium or that is stored in an electronic or other medium 423
and is retrievable in perceivable form.424

       (AA) "Refusal" means a record created under section 2108.07 425
of the Revised Code that expressly states an intent to bar other 426
persons from making an anatomical gift of an individual's body or 427
part.428

       (BB) "Sign" means to do either of the following with the 429
present intent to authenticate or adopt a record:430

       (1) Execute or adopt a tangible symbol;431

       (2) Attach to or logically associate with the record an 432
electronic symbol, sound, or process.433

       (CC) "Technician" means an individual determined to be 434
qualified to remove or process parts by an appropriate 435
organization that is licensed, accredited, or regulated under 436
federal or state law. "Technician" includes an enucleator and an 437
embalmer licensed pursuant to Chapter 4717. of the Revised Code 438
who has completed a course in eye enucleation and has received a 439
certificate of competency to that effect from a school of medicine 440
recognized by the state medical board or from an eye bank that is 441
a member of the eye bank association of America.442

       (DD) "Tissue" means a portion of the human body other than an 443
organ or an eye. "Tissue" does not include blood unless the blood 444
is donated for the purpose of research or education.445

       (EE) "Tissue bank" means a person conducting operations in 446
this state that is licensed, accredited, or regulated under 447
federal or state law to engage in the recovery, screening, 448
testing, processing, storage, or distribution of tissue.449

       (FF) "Transplant hospital" means a hospital that furnishes 450
organ transplants and other medical and surgical specialty 451
services required for the care of transplant patients.452

       Sec. 2108.09.        Sec. 2108.02.  Sections 2108.01 to 2108.09, 453
inclusive,2108.29 of the Revised Code, are enacted to adopt the 454
Revised Uniform Anatomical Gift Act (1968)(2006), national455
conference of commissioners on uniform state laws, and shall be 456
construed so as to effectuate its general purpose to make uniform 457
the law of those states which enact it.458

       Sec. 2108.03.  Sections 2108.01 to 2108.29 of the Revised 459
Code apply to an anatomical gift or amendment to, revocation of, 460
or refusal to make an anatomical gift, whenever made.461

       Sec. 2108.04.  Subject to section 2108.08 of the Revised 462
Code, an anatomical gift of a donor's body or part may be made 463
during the life of the donor for the purpose of transplantation, 464
therapy, research, or education in the manner provided in section 465
2108.05 of the Revised Code by any of the following:466

       (A) The donor, if the donor is an adult or if the donor is a 467
minor and either of the following applies:468

       (1) The donor is emancipated.469

       (2) The donor is authorized to apply for a temporary 470
instruction permit issued under section 4507.05 of the Revised 471
Code because the donor is at least fifteen years and six months 472
of age.473

       (B) An agent of the donor, unless the durable power of 474
attorney for health care or other record prohibits the agent from 475
making an anatomical gift;476

       (C) A parent of the donor, if the donor is an unemancipated 477
minor;478

       (D) The donor's guardian.479

       Sec. 2108.05.  (A) A donor may make an anatomical gift by 480
doing any of the following:481

       (1) Authorizing a statement or symbol to be imprinted on the 482
donor's driver's license or identification card indicating that 483
the donor has certified a willingness to make an anatomical gift;484

       (2) Specifying in the donor's will an intent to make an 485
anatomical gift;486

       (3) Specifying an intent to make an anatomical gift in the 487
donor's declaration as described in section 2133.16 of the Revised 488
Code;489

       (4) During a terminal illness or injury of the donor, 490
communicating in any manner to a minimum of two adults, at least 491
one of whom is a disinterested witness, that the donor intends to 492
make an anatomical gift;493

       (5) Following the procedure in division (B) of this section.494

       (B) A donor or other person authorized to make an anatomical 495
gift under section 2108.04 of the Revised Code may make a gift by 496
a donor card or other record signed by the donor or other person 497
making the gift or by authorizing that a statement or symbol 498
indicating that the donor has certified a willingness to make an 499
anatomical gift be included in a donor registry. If the donor or 500
other person is physically unable to sign a record, the record 501
may be signed by another individual at the direction of the donor 502
or other person and shall do both of the following:503

       (1) Be witnessed by at least two adults, at least one of whom 504
is a disinterested witness, who have signed at the request of the 505
donor or the other person;506

       (2) State that it has been signed and witnessed as provided 507
in division (B)(1) of this section.508

       (C) Revocation, suspension, expiration, or cancellation of a 509
driver's license or identification card upon which an anatomical 510
gift is indicated does not invalidate the gift.511

       (D) An anatomical gift made by will takes effect on the 512
donor's death whether or not the will is probated. Invalidation of 513
the will after the donor's death does not invalidate the gift.514

       Sec. 2108.06. (A) Subject to section 2108.08 of the Revised 515
Code, an anatomical gift made under section 2108.04 of the Revised 516
Code may be amended by any of the following means:517

       (1) By a record signed by the donor or other person 518
authorized to make an anatomical gift under section 2108.04 of the 519
Revised Code;520

       (2) Subject to division (C) of this section, by a record 521
signed by another individual acting at the direction of the donor 522
or other person authorized to make an anatomical gift under 523
section 2108.04 of the Revised Code if the donor or other person 524
is physically unable to sign;525

       (3) By a later-executed document of gift that amends a 526
previous anatomical gift or portion of an anatomical gift, either 527
expressly or by inconsistency;528

       (4) By any form of communication during a terminal illness 529
or injury addressed to at least two adults;530

       (5) By a parent who is reasonably available, if the donor is 531
an unemancipated minor who has died;532

       (6) If made in a will, by the manner provided for amendment 533
of wills or by any of the applicable means described in divisions 534
(B)(1) to (5) of this section.535

       (B) Subject to section 2108.08 of the Revised Code, an 536
anatomical gift made under section 2108.04 of the Revised Code may 537
be revoked by any of the following means:538

       (1) By a record signed by the donor or other person 539
authorized to make an anatomical gift under section 2108.04 of the 540
Revised Code;541

       (2) Subject to division (C) of this section, by a record 542
signed by another individual acting at the direction of the donor 543
or other person authorized to make an anatomical gift under 544
section 2108.04 of the Revised Code if the donor or other person 545
is physically unable to sign;546

       (3) By a later-executed document of gift that revokes a 547
previous anatomical gift or portion of an anatomical gift, either 548
expressly or by inconsistency;549

       (4) By any form of communication during a terminal illness 550
or injury addressed to at least two adults;551

       (5) By a parent who is reasonably available, if the donor is 552
an unemancipated minor who has died;553

       (6) By the destruction or cancellation of the document of 554
gift, or the portion of the document of gift, used to make the 555
gift, with the intent to revoke the gift;556

       (7) If made in a will, by the manner provided for revocation 557
of wills or by any of the applicable means described in divisions 558
(B)(1) to (6) of this section.559

       (C) A record signed pursuant to division (A)(2) or (B)(2) of 560
this section shall do both of the following:561

       (1) Be witnessed by a minimum of two adults who have signed 562
at the request of the donor or other person;563

       (2) State that it has been signed and witnessed as provided 564
in division (C)(1) of this section.565

       Sec. 2108.07.  (A) An individual may refuse to make an 566
anatomical gift of the individual's body or part by doing any of 567
the following:568

       (1) Indicating a refusal in a record signed by either of the 569
following:570

       (a) The individual;571

       (b) Subject to division (B) of this section, another 572
individual acting at the direction of the individual, if the 573
individual is physically unable to sign.574

       (2) Indicating a refusal in the individual's will, whether or 575
not the will is admitted to probate or invalidated after the 576
individual's death;577

       (3) Indicating a refusal by any form of communication made by 578
the individual during the individual's terminal illness or injury 579
addressed to a minimum of two adults.580

       (B) A record signed pursuant to division (A)(1)(b) of this 581
section shall do both of the following:582

       (1) Be witnessed by at least two adults who have signed at 583
the request of the individual;584

       (2) State that it has been signed and witnessed as provided 585
in division (B)(1) of this section.586

       (C) An individual who has made a refusal may amend or revoke 587
the refusal by doing any of the following:588

       (1) Amending or revoking the refusal in the manner provided 589
in division (A) of this section for making a refusal;590

       (2) Subsequently making an anatomical gift pursuant to 591
section 2108.05 of the Revised Code that is inconsistent with the 592
refusal;593

       (3) Destroying or canceling the record evidencing the 594
refusal, or the portion of the record used to make the refusal, 595
with the intent to revoke the refusal.596

       (D) Except as provided in division (E) of this section, in 597
the absence of an express, contrary indication by the individual 598
set forth in the refusal, an individual's unrevoked refusal to 599
make an anatomical gift of the individual's body or part bars all 600
other persons from making an anatomical gift of the individual's 601
body or part.602

       (E) The parent of a deceased unemancipated minor who is 603
reasonably available may revoke a refusal made by the minor. 604

       Sec. 2108.08.  (A) Subject to division (F) of this section, 605
in the absence of an express, contrary indication by the donor, a 606
person other than the donor shall be barred from making, amending, 607
or revoking an anatomical gift of a donor's body or part if the 608
donor made an anatomical gift of the donor's body or part under 609
section 2108.05 of the Revised Code or an amendment to an 610
anatomical gift of the donor's body or part under section 2108.06 611
of the Revised Code.612

       (B) A donor's revocation of an anatomical gift of the donor's 613
body or part under section 2108.06 of the Revised Code is not a 614
refusal and shall not bar another person specified in section 615
2108.04 or 2108.09 of the Revised Code from making an anatomical 616
gift of the donor's body or part under section 2108.05 or 2108.10 617
of the Revised Code.618

       (C) If a person other than the donor makes an unrevoked 619
anatomical gift of the donor's body or part under section 2108.05 620
of the Revised Code or an amendment to an anatomical gift of the 621
donor's body or part under section 2108.06 of the Revised Code, 622
another person shall not make, amend, or revoke the gift of the 623
donor's body or part under section 2108.10 of the Revised Code.624

       (D) A revocation by a person other than the donor of an 625
anatomical gift of a donor's body or part under section 2108.06 626
of the Revised Code shall not bar another person from making an 627
anatomical gift of the body or part under section 2108.05 or 628
2108.10 of the Revised Code.629

       (E) In the absence of an express, contrary indication by the 630
donor or other person authorized to make an anatomical gift under 631
section 2108.04 of the Revised Code, an anatomical gift of a part 632
is neither a refusal to give another part nor a limitation on the 633
making of an anatomical gift of another part at a later time by 634
the donor or another person.635

       (F) In the absence of an express, contrary indication by the 636
donor or other person authorized to make an anatomical gift under 637
section 2108.04 of the Revised Code, an anatomical gift of a part 638
for one or more of the purposes set forth in section 2108.04 of 639
the Revised Code shall not be a limitation on the making of an 640
anatomical gift of the part for any of the other purposes by the 641
donor or other person under section 2108.05 or 2108.10 of the 642
Revised Code.643

       Sec. 2108.09.  (A) Subject to divisions (B) and (C) of this 644
section, and unless barred by section 2108.07 or 2108.08 of the 645
Revised Code, an anatomical gift of a decedent's body or part for 646
purpose of transplantation, therapy, research, or education may be 647
made in the manner provided for under section 2108.10 of the 648
Revised Code by any member of the following classes of persons who 649
is reasonably available, in the following order of priority:650

       (1) An agent of the decedent at the time of death who could 651
have made an anatomical gift under division (B) of section 2108.04 652
of the Revised Code immediately before the decedent's death;653

       (2) The decedent's surviving spouse;654

       (3) The decedent's surviving adult children;655

       (4) The decedent's surviving parent or parents;656

       (5) The decedent's surviving adult siblings;657

       (6) The decedent's surviving adult grandchildren;658

       (7) The decedent's surviving grandparent or grandparents;659

       (8) A surviving adult who exhibited special care and concern 660
for the decedent;661

       (9) The persons who were acting as the guardians of the 662
person of the decedent at the time of death;663

       (10) The persons, other than those in divisions (A)(1) to 664
(9) of this section, to whom the right of disposition for the 665
decedent's body has been assigned pursuant to section 2108.70 of 666
the Revised Code or who have the right of disposition for the 667
decedent's body as described in section 2108.81 of the Revised 668
Code.669

       (B) If there is more than one member of a class listed in 670
division (A)(1), (3), (4), (5), (6), (7), or (9) of this section 671
entitled to make an anatomical gift, an anatomical gift may be 672
made by a single member of the class unless that member or a 673
person to which the gift may pass under section 2108.11 of the 674
Revised Code knows of an objection by another member of the 675
class. If an objection is known, the gift may be made only by a 676
majority of the members of the class who are reasonably 677
available.678

       (C) A person shall not make an anatomical gift if, at the 679
time of the decedent's death, a person in a prior class under 680
division (A) of this section is reasonably available to make or 681
object to the making of an anatomical gift.682

       Sec. 2108.10.  (A) A person authorized to make an anatomical 683
gift under section 2108.09 of the Revised Code may make an 684
anatomical gift by a document of gift signed by the person making 685
the gift or by that person's oral communication that is 686
electronically recorded or is contemporaneously reduced to a 687
record and signed by the individual receiving the oral 688
communication.689

       (B) Subject to division (C) of this section, an anatomical 690
gift made by a person authorized to make a gift under section 691
2108.09 of the Revised Code may be amended or revoked orally or 692
in a record by any member of a prior class who is reasonably 693
available. If more than one member of the prior class is 694
reasonably available, the gift made by a person authorized to 695
make a gift under section 2108.09 of the Revised Code may be 696
amended if a majority of the reasonably available members agree 697
to the amendment or revoked if at least half of the reasonably 698
available members agree to the revocation.699

       (C) A revocation under division (B) of this section shall be 700
effective only if the procurement organization, transplant 701
hospital, physician, or technician knows of the revocation, 702
before an incision has been made to remove a part from the 703
donor's body or before invasive procedures have begun to prepare 704
the recipient.705

       Sec. 2108.11.  (A) An anatomical gift may be made to any of 706
the following persons named in the document of gift:707

       (1) A hospital; an accredited medical school, dental school, 708
college, or university; an organ procurement organization; or 709
another appropriate person, for research or education;710

       (2) Subject to division (B) of this section, an individual 711
designated by the person making the anatomical gift if the 712
individual is the recipient of the part;713

       (3) An eye bank or tissue bank.714

       (B) If an anatomical gift to an individual under division 715
(A)(2) of this section cannot be transplanted into the individual, 716
the part shall pass in accordance with division (G) of this 717
section in the absence of an express, contrary indication by the 718
person making the anatomical gift.719

       (C) If an anatomical gift of one or more specific parts or of 720
all parts is made in a document of gift that does not name a 721
person described in division (A) of this section but identifies 722
the purpose for which an anatomical gift may be used, the 723
following rules apply:724

       (1) If the part is an eye and the gift is for the purpose of 725
transplantation or therapy, the gift shall pass to the appropriate 726
eye bank.727

       (2) If the part is tissue and the gift is for the purpose of 728
transplantation or therapy, the gift shall pass to the appropriate 729
tissue bank.730

       (3) If the part is an organ and the gift is for the purpose 731
of transplantation or therapy, the gift shall pass to the 732
appropriate organ procurement organization as custodian of the 733
organ.734

       (4) If the part is an organ, an eye, or tissue and the gift 735
is for the purpose of research or education, the gift shall pass 736
to the appropriate procurement organization.737

       (D) For the purpose of division (C) of this section, if there 738
is more than one purpose of an anatomical gift set forth in the 739
document of gift but the purposes are not set forth in any 740
priority, the gift shall be used for transplantation or therapy, 741
if suitable. If the gift cannot be used for transplantation or 742
therapy, the gift may be used for research or education.743

       (E) If an anatomical gift of one or more specific parts is 744
made in a document of gift that does not name a person described 745
in division (A) of this section and does not identify the purpose 746
of the gift, the gift shall be used only for transplantation or 747
therapy, and the gift shall pass in accordance with division (G) 748
of this section.749

       (F) If a document of gift specifies only a general intent to 750
make an anatomical gift by words such as "donor," "organ donor," 751
or "body donor," or by a symbol or statement of similar import, 752
the gift shall be used only for transplantation or therapy, and 753
the gift shall pass in accordance with division (G) of this 754
section.755

       (G) For purposes of divisions (B), (E), and (F) of this 756
section, the following rules apply:757

       (1) If the part is an eye, the gift shall pass to the 758
appropriate eye bank.759

       (2) If the part is tissue, the gift shall pass to the 760
appropriate tissue bank.761

       (3) If the part is an organ, the gift shall pass to the 762
appropriate organ procurement organization as custodian of the 763
organ.764

       (H) An anatomical gift of an organ for transplantation or 765
therapy, other than an anatomical gift under division (A)(2) of 766
this section, shall pass to the organ procurement organization as 767
custodian of the organ.768

       (I) If an anatomical gift does not pass pursuant to divisions 769
(A) to (H) of this section, or the decedent's body or part is not 770
used for transplantation, therapy, research, or education, custody 771
of the body or part shall pass to the person to whom the right of 772
disposition for the decedent's body has been assigned pursuant to 773
section 2108.70 of the Revised Code or who has the right of 774
disposition for the decedent's body as described in section 775
2108.81 of the Revised Code.776

       (J) A person shall not accept an anatomical gift if the 777
person knows that the gift was not effectively made under section 778
2108.05 or 2108.10 of the Revised Code, or if the person knows 779
that the decedent made a refusal under section 2108.07 of the 780
Revised Code that was not revoked. For purposes of this division, 781
if a person knows that an anatomical gift was made on a document 782
of gift, the person is deemed to know of any amendment or 783
revocation of the gift or any refusal to make an anatomical gift 784
on the same document of gift.785

       (K) Except as otherwise provided in division (A)(2) of this 786
section, nothing in sections 2108.01 to 2108.29 of the Revised 787
Code affects the allocation of organs for transplantation or 788
therapy.789

       Sec. 2108.12.  (A) If any of the following persons, while 790
acting in the course of the person's official duties, finds an 791
individual and reasonably believes that the individual is dead or 792
near death, the person shall make a reasonable search of the body 793
of the individual for a document of gift or other information 794
identifying the individual as a donor or as an individual who 795
made a refusal:796

       (1) A law enforcement officer as defined in section 2901.01 797
of the Revised Code;798

       (2) A member of a fire department as defined in section 799
4117.01 of the Revised Code;800

       (3) A first responder, emergency medical technician-basic, 801
emergency medical technician-intermediate, or emergency medical 802
technician-paramedic, as those terms are defined in section 803
4765.01 of the Revised Code.804

       (B) If a document of gift or refusal to make an anatomical 805
gift is located by the search required by division (A) of this 806
section, and the individual or deceased individual to whom it 807
relates is taken to a hospital, the person responsible for 808
conducting the search shall send the document of gift or refusal 809
to the hospital.810

       (C) A person is not subject to criminal or civil liability 811
for failing to discharge the duties imposed by this section but 812
may be subject to any of the following:813

       (1) Disciplinary action under a collective bargaining 814
agreement, if the person is covered by a collective bargaining 815
agreement entered into under Chapter 4117. of the Revised Code;816

       (2) Disciplinary action under section 124.34 of the Revised 817
Code, if the person is an officer or employee in the classified 818
service of this state or the counties, civil service townships, 819
cities, city health districts, general health districts, or city 820
school districts of this state;821

       (3) Disciplinary action by the person's employer.822

       Sec. 2108.13.  (A) A document of gift need not be delivered 823
during the donor's lifetime to be effective.824

       (B) On or after an individual's death, a person in 825
possession of a document of gift or a refusal to make an 826
anatomical gift with respect to the individual shall allow 827
examination and copying of the document of gift or refusal by a 828
person authorized to make or object to the making of an anatomical 829
gift with respect to the individual or by a person to which the 830
gift could pass under section 2108.11 of the Revised Code.831

       Sec. 2108.14.  (A) When a hospital employee or agent refers 832
an individual at or near death to a procurement organization, the 833
organization shall make a reasonable search of the records of the 834
bureau of motor vehicles and any donor registry that it knows 835
exists for the geographical area in which the individual resides 836
to ascertain whether the individual has made an anatomical gift. 837
The bureau of motor vehicles shall allow the procurement 838
organization reasonable access to its records for purposes of 839
ascertaining whether the individual is a donor.840

       (B) When a hospital employee or agent refers an individual at 841
or near death to a procurement organization, the organization may 842
conduct any reasonable examination necessary to ensure the 843
medical suitability of a part that is or could be the subject of 844
an anatomical gift for transplantation, therapy, research, or 845
education from a donor or prospective donor. During the 846
examination period, measures necessary to ensure the medical 847
suitability of the part shall not be withdrawn unless the 848
hospital or procurement organization knows that the individual 849
expressed a contrary intent.850

       (C) Unless prohibited by law other than sections 2108.01 to 851
2108.29 of the Revised Code, at any time after a donor's death, 852
the person to which a part passes under section 2108.11 of the 853
Revised Code may conduct any reasonable examination necessary to 854
ensure the medical suitability of the body or part for its 855
intended purpose.856

       (D) Unless prohibited by law other than sections 2108.01 to 857
2108.29 of the Revised Code, an examination under division (B) or 858
(C) of this section may include an examination of all medical and 859
dental records of the donor or prospective donor.860

       (E) Upon the death of a minor who was a donor or had signed a 861
refusal, unless a procurement organization knows the minor was 862
emancipated, the procurement organization shall conduct a 863
reasonable search for the parents of the minor and provide the 864
parents with an opportunity to revoke or amend the anatomical gift 865
or revoke the refusal.866

       (F) Upon referral by a hospital under division (A) of this 867
section, a procurement organization shall make a reasonable search 868
for any person listed in section 2108.09 of the Revised Code 869
having an opportunity to make an anatomical gift on behalf of the 870
prospective donor. If a procurement organization receives 871
information that an anatomical gift to any other person was made, 872
amended, or revoked, it shall promptly advise the other person of 873
all relevant information.874

       Sec. 2108.15.  Subject to division (I) of section 2108.11 and 875
sections 2108.26 to 2108.272 of the Revised Code, the rights of 876
the person to which a part passes under section 2108.11 of the 877
Revised Code shall be superior to the rights of all others with 878
respect to the part. The person may accept or reject an 879
anatomical gift in whole or in part.880

       Subject to the terms of the document of gift and sections 881
2108.01 to 2108.29 of the Revised Code, a person that accepts an 882
anatomical gift of an entire body may allow embalming, burial, 883
or cremation, and use of remains in a funeral service. If the 884
gift is of a part, the person to whom the part passes under 885
section 2108.11 of the Revised Code, upon the death of the donor 886
and before embalming, burial, or cremation, shall cause the part 887
to be removed without unnecessary mutilation. After removal of 888
the part, custody of the remainder of the decedent's body passes 889
to the persons to whom the right of disposition for the body has 890
been assigned pursuant to section 2108.70 of the Revised Code or 891
who have the right of disposition for the body as described in 892
section 2108.81 of the Revised Code.893

       Sec. 2108.16. (A) Except as provided in division (B) of this 894
section, a physician or technician may remove a donated part from 895
the body of a donor that the physician or technician is qualified 896
to remove.897

       (B) Neither the physician who attends the decedent at death 898
nor the physician who determines the time of the decedent's death 899
shall participate in the procedures for removing or transplanting 900
a part from the decedent.901

       Sec. 2108.17.  Each hospital in this state shall enter into 902
agreements or affiliations with procurement organizations for 903
coordination of procurement and use of anatomical gifts.904

       Sec. 2108.18.  (A) Except as otherwise provided in division 905
(B) of this section, no person shall, for valuable consideration, 906
knowingly purchase or sell a part for transplantation or therapy 907
if removal of a part from an individual is intended to occur after 908
the individual's death.909

       (B) A person may charge a reasonable amount for the removal, 910
processing, preservation, quality control, storage, 911
transportation, implantation, or disposal of a part.912

       Sec. 2108.19.  No person shall intentionally falsify, forge, 913
conceal, deface, or obliterate a document of gift, an amendment or 914
revocation of a document of gift, or a refusal in order to obtain 915
a financial gain.916

       Sec. 2108.20.  (A) A person who acts in accordance with 917
sections 2108.01 to 2108.29 of the Revised Code or with the 918
applicable anatomical gift laws of another state, or attempts in 919
good faith to do so, is not liable for the act in a civil action, 920
criminal prosecution, or administrative proceeding.921

       (B) Neither the person making the anatomical gift nor the 922
donor's estate is liable for any injury or damage that results 923
from the making or use of the gift.924

       Sec. 2108.21.  In determining whether an anatomical gift has 925
been made, amended, or revoked under sections 2108.01 to 2108.29 926
of the Revised Code, a person may rely upon representations of an 927
individual listed in division (A)(2), (3), (4), (5), (6), (7), or 928
(8) of section 2108.09 of the Revised Code relating to the 929
individual's relationship to the donor or prospective donor unless 930
the person knows that the representation is untrue.931

       Sec. 2108.22.  (A) A document of gift is valid if executed in 932
accordance with any of the following:933

       (1) Sections 2108.01 to 2108.29 of the Revised Code;934

       (2) The laws of the state or country where it was executed;935

       (3) The laws of the state or country where the person making 936
the anatomical gift was domiciled, has a place of residence, or 937
was a resident or national at the time the document of gift was 938
executed.939

       (B) If a document of gift is valid under this section, the 940
law of this state shall govern the interpretation of the document 941
of gift.942

       (C) A person may presume that a document of gift or amendment 943
of an anatomical gift is valid unless that person knows that it 944
was not validly executed or was revoked.945

       Sec. 2108.18.        Sec. 2108.23.  (A)(1) The bureau of motor vehicles 946
shall develop and maintain a donor registry that identifies each 947
individual who has agreed to make an anatomical gift by a 948
designation on a driver's or commercial driver's license or 949
motorcycle operator's license or endorsementidentification card950
as provided in division (C)(A)(1) of section 2108.042108.05 of 951
the Revised Code. The registry shall be fully operational not 952
later than July 1, 2002.953

       (2) Any person who provides to the bureau the form set forth 954
in division (C)(D)(2) of section 2133.07 of the Revised Code 955
requesting to be included in the donor registry shall be included.956

       (B) The bureau shall maintain the registry in a manner that 957
provides to organ procurement organizations, tissue banks, and eye 958
banks immediate access to the information in the registry 959
twenty-four hours a day and seven days a week.960

       (C)(1) The registrar of motor vehicles, in consultation with 961
the director of health and the second chance trust fund advisory 962
committee created under section 2108.172108.35 of the Revised 963
Code, shall formulate proposed rules that specify all of the 964
following:965

       (a) The information to be included in the registry;966

       (b) A process, in addition to that provided for inaccordance 967
with division (B) of section 2108.06 of the Revised Code, for an 968
individual to revoke the individual's intent to make an anatomical 969
gift and for updating information in the registry;970

       (c) How the registry will be made available to organ 971
procurement organizations, tissue banks, and eye banks;972

       (d) Limitations on the use of and access to the registry;973

       (e) How information on organ, tissue, and eye donation will 974
be developed and disseminated to the public by the bureau and the 975
department of health;976

       (f) Anything else the registrar considers appropriate.977

       (2) In formulatingadopting the proposed rules under this 978
division, the registrar may consult with any person or entity that 979
expresses an interest in the matters to be dealt with in the 980
rules.981

       (3) Following formulation of the proposed rules, but not 982
later than January 1, 2002, the registrar shall adopt rules in 983
accordance with Chapter 119. of the Revised Code.984

       (D) The costs of developing and initially implementing the 985
registry shall be paid from the second chance trust fund created 986
in section 2108.152108.34 of the Revised Code.987

       Sec. 2108.24.  (A) As used in this section:988

       (1) "Advance health-care directive" means a durable power of 989
attorney for health care or a record signed by a prospective donor 990
containing the prospective donor's direction concerning a 991
health-care decision.992

       (2) "Declaration" means a written document executed in 993
accordance with section 2133.02 of the Revised Code.994

       (3) "Health care decision" means any decision regarding the 995
health care of the prospective donor.996

       (B) If a prospective donor has a declaration or advance 997
health-care directive the terms of which are in conflict with the 998
express or implied terms of a potential anatomical gift with 999
regard to administration of measures necessary to ensure the 1000
medical suitability of a part for transplantation or therapy and 1001
the prospective donor is capable of resolving the conflict, 1002
subject to division (G) of this section, the prospective donor's 1003
attending physician shall confer with the prospective donor to 1004
resolve the conflict.1005

       (C) If a prospective donor has a declaration or advance 1006
health-care directive the terms of which are in conflict with the 1007
express or implied terms of a potential anatomical gift with 1008
regard to administration of measures necessary to ensure the 1009
medical suitability of a part for transplantation or therapy and 1010
the prospective donor is incapable of resolving the conflict, one 1011
of the following shall apply depending on the circumstances:1012

       (1) If the prospective donor has an agent, the agent shall, 1013
subject to division (G) of this section, act for the prospective 1014
donor to resolve the conflict.1015

       (2) If the prospective donor does not have an agent, the 1016
individual or class of individuals determined in the following 1017
descending order of priority and subject to divisions (D), (E), 1018
(F), and (G) of this section shall act for the prospective donor 1019
to resolve the conflict:1020

       (a) The prospective donor's surviving spouse;1021

       (b) The prospective donor's surviving adult children;1022

       (c) The prospective donor's surviving parent or parents;1023

       (d) The prospective donor's surviving adult siblings;1024

       (e) The prospective donor's surviving adult grandchildren;1025

       (f) The prospective donor's surviving grandparent or 1026
grandparents;1027

       (g) A surviving adult who exhibited special care and concern 1028
for the prospective donor;1029

       (h) The prospective donor's guardians of the person;1030

       (i) The persons, other than those in divisions (C)(2)(a) to 1031
(h) of this section, to whom the prospective donor has assigned 1032
the right of disposition for the prospective donor's body pursuant 1033
to section 2108.70 of the Revised Code or who have the right of 1034
disposition for the prospective donor's body at the time of death 1035
as described in section 2108.81 of the Revised Code.1036

       (D) If an appropriate individual entitled to resolve a 1037
conflict between the terms of a prospective donor's declaration or 1038
advance health-care directive and the express or implied terms of 1039
a potential anatomical gift as described in division (C) of this 1040
section is not reasonably available to resolve the conflict, is 1041
incapacitated, or declines to resolve the conflict, the next 1042
priority individual or class of individuals specified in that 1043
division is authorized to resolve the conflict.1044

       (E) If at least one individual in a class of individuals 1045
entitled to resolve a conflict between the terms of a prospective 1046
donor's declaration or advance health-care directive and the 1047
express or implied terms of a potential anatomical gift is not 1048
reasonably available, is incapacitated, or declines to resolve the 1049
conflict, the conflict shall be resolved by the individual or 1050
individuals in the class who are reasonably available, not 1051
incapacitated, and willing to resolve the conflict.1052

       (F) If individuals in a class of individuals determined in 1053
accordance with division (C)(2) of this section disagree on how a 1054
conflict between the terms of a prospective donor's declaration or 1055
advance health-care directive and the express or implied terms of 1056
a potential anatomical gift should be resolved, the opinion of the 1057
majority of the individuals who are reasonably available, not 1058
incapacitated, and are willing to resolve the conflict shall 1059
prevail.1060

       (G) A conflict between the terms of a prospective donor's 1061
declaration or directive and the express or implied terms of a 1062
potential anatomical gift with regard to the administration of 1063
measures necessary to ensure the medical suitability of a part for 1064
transplantation or therapy shall be resolved as expeditiously as 1065
possible. Information relevant to the resolution of the conflict 1066
may be obtained from the appropriate procurement organization and 1067
any other person authorized to make an anatomical gift for the 1068
prospective donor under section 2108.09 of the Revised Code. 1069
Before resolution of the conflict, measures necessary to ensure 1070
the medical suitability of the part shall not be withheld or 1071
withdrawn from the prospective donor unless withholding or 1072
withdrawing the measures is necessary for appropriate end-of-life 1073
care.1074

       Sec. 2108.25.  As used in this section and sections 2108.26 1075
to 2108.272 of the Revised Code, "coroner" includes a medical 1076
examiner.1077

        A coroner shall cooperate with procurement organizations as 1078
described in sections 2108.26 to 2108.271 of the Revised Code to 1079
maximize the opportunity to recover anatomical gifts for the 1080
purpose of transplantation, therapy, research, or education.1081

       Sec. 2108.26. On request of a procurement organization, a 1082
coroner shall, if such information is available, release to the 1083
procurement organization the name, contact information, and 1084
available medical and social history of a decedent whose body is 1085
under the jurisdiction of the coroner.1086

        If the decedent's body or part is medically suitable for 1087
life-saving organ transplantation or therapy, the coroner shall 1088
release post-mortem examination results to the procurement 1089
organization. The procurement organization shall make a 1090
subsequent disclosure of the post-mortem examination results or 1091
other information received from the coroner only if relevant to 1092
life-saving organ transplantation or therapy.1093

       Sec. 2108.261. A coroner may conduct a medicolegal 1094
examination by reviewing all medical records, laboratory test 1095
results, x-rays, other diagnostic results, and other information 1096
that any person possesses about a donor or prospective donor 1097
whose body is under the jurisdiction of the coroner which the 1098
coroner determines may be relevant to the investigation.1099

       Sec. 2108.262. A person that has any information requested by 1100
a coroner pursuant to section 2108.261 of the Revised Code shall 1101
provide that information as expeditiously as possible to allow 1102
the coroner to conduct the medicolegal investigation within a 1103
period compatible with the preservation of parts for the purpose 1104
of life-saving organ transplantation or therapy.1105

       Sec. 2108.263. A coroner and procurement organization shall 1106
cooperate in the timely removal of a part from a decedent for 1107
the purpose of life-saving organ transplantation or therapy if 1108
an anatomical gift has been or might be made of the part and 1109
either of the following is the case:1110

       (A) The decedent's body is under the jurisdiction of the 1111
coroner and a post-mortem examination or autopsy is not required.1112

       (B) The decedent has been referred to the coroner for 1113
post-mortem examination, it is determined that an autopsy is 1114
required, and after consultation with the prosecuting attorney, if 1115
a consultation is necessary, it is determined that the recovery 1116
of the part will not interfere with the autopsy.1117

       Sec. 2108.264. If an anatomical gift of a part from a 1118
decedent under the jurisdiction of the coroner has been or might 1119
be made and, after any necessary consultation with the 1120
prosecuting attorney, it is determined that the recovery of the 1121
part could interfere with the determination of the decedent's 1122
cause or manner of death, the coroner shall communicate with a 1123
procurement organization or physician or technician designated by 1124
the procurement organization about the proposed recovery. The 1125
procurement organization shall provide the coroner with all 1126
information the procurement organization has that could relate to 1127
the cause or manner of death. The coroner shall allow the 1128
recovery unless the coroner reasonably believes that the part or 1129
the decedent's intact body is needed for law enforcement 1130
purposes.1131

       Sec. 2108.265. A coroner and a procurement organization 1132
shall enter into an agreement establishing protocols and 1133
procedures governing the relations between them when an 1134
anatomical gift of a part from a decedent whose body is under the 1135
jurisdiction of the coroner has been or might be made, but the 1136
coroner believes that the recovery of the part could interfere 1137
with the post-mortem investigation into the decedent's cause or 1138
manner of death. Decisions regarding the recovery of the part 1139
from the decedent shall be made in accordance with the 1140
agreement. The coroner and procurement organization shall 1141
evaluate the effectiveness of the agreement at regular intervals 1142
but not less than every two years.1143

       Sec. 2108.266. In the absence of an agreement entered into 1144
under section 2108.265 of the Revised Code establishing protocols 1145
and procedures governing the relations between a coroner and a 1146
procurement organization, if the coroner intends to deny 1147
recovery of an organ for transplantation or therapy from a 1148
decedent whose body is under the jurisdiction of the coroner, the 1149
coroner or the coroner's designee, at the request of the 1150
procurement organization, shall attend the removal procedure for 1151
the organ before making a final determination not to allow the 1152
procurement organization to recover the organ. During the 1153
removal procedure, the coroner or the coroner's designee may 1154
allow recovery by the procurement organization to proceed, or, 1155
if the coroner or the coroner's designee reasonably believes 1156
that the organ may be involved in determining the decedent's 1157
cause or manner of death or that the organ or the decedent's 1158
intact body is needed for law enforcement purposes, deny 1159
recovery by the procurement organization.1160

       A coroner may designate another coroner or employees of 1161
another coroner's office to act on the coroner's behalf under this 1162
section.1163

       Sec. 2108.267. (A) Except as provided in division (B) of this 1164
section, if the coroner or the coroner's designee denies recovery 1165
of an organ, tissue, or eye from a decedent whose body is under 1166
the jurisdiction of the coroner, the coroner or designee shall do 1167
all of the following:1168

       (1) Explain in a record the specific reasons for not allowing 1169
recovery of the part;1170

       (2) Include in the records of the coroner the specific 1171
reasons for not allowing recovery of the part;1172

       (3) Provide a record with the specific reasons for not 1173
allowing recovery of the part to the procurement organization.1174

       (B) The requirements of division (A) of this section do not 1175
apply when a coroner or designee denies recovery of an organ from 1176
a decedent under two years of age.1177

       Sec. 2108.268. If a procurement organization refuses to 1178
accept an anatomical gift of a part from a decedent whose body is 1179
under the jurisdiction of a coroner, the organization shall 1180
explain to the coroner, in writing, the organization's reasons for 1181
not accepting the part.1182

       Sec. 2108.269. If the coroner or the coroner's designee 1183
allows recovery of a part under section 2108.263, 2108.264, 1184
2108.265, or 2108.266 of the Revised Code, the procurement 1185
organization shall, on the coroner's request, cooperate with the 1186
coroner in any documentation of injuries and the preservation 1187
and collection of evidence prior to and during the recovery of 1188
the part and shall provide the coroner with a record describing 1189
the condition of the part, a biopsy, a photograph, and any 1190
other information and observations that would assist in the 1191
post-mortem examination.1192

       Sec. 2108.27. If a coroner or a coroner's designee attends a 1193
removal procedure under section 2108.266 of the Revised Code, on 1194
request of the coroner or coroner's designee the procurement 1195
organization requesting the recovery of the organ shall 1196
reimburse the office of the coroner for the additional costs 1197
incurred in attending the removal procedure. Any reimbursement 1198
made under this section shall be applied directly to, and used 1199
only for the purpose of, offsetting the salary, wages, and 1200
expenses of the coroner's office.1201

       Sec. 2108.271. Any recovery or removal procedure conducted 1202
under section 2108.263, 2108.264, 2108.265, or 2108.266 of the 1203
Revised Code shall be conducted within a period compatible with 1204
the preservation of parts for the purpose of transplantation, 1205
therapy, research, or education.1206

       Sec. 2108.272. A coroner or coroner's designee shall not be 1207
subject to liability in tort or other civil action for denying 1208
recovery of a part from a decedent whose body is under the 1209
jurisdiction of the coroner.1210

       Sec. 2108.28.  In applying and construing the Revised Uniform 1211
Anatomical Gift Act enacted in sections 2108.01 to 2108.29 of the 1212
Revised Code, consideration shall be given to the need to promote 1213
uniformity of the law with respect to its subject matter among 1214
states that enact it.1215

       Sec. 2108.29.  This section and sections 2108.01 to 2108.28 1216
of the Revised Code modify, limit, and supersede the "Electronic 1217
Signatures in Global and National Commerce Act," 15 U.S.C. 7001 1218
et seq., but do not modify, limit, or supersede section 101(a) of 1219
that act, 15 U.S.C. 7001, or authorize electronic delivery of any 1220
of the notices described in division 103(b) of that act, 15 1221
U.S.C. 7003(b).1222

       Nothing in this section, or sections 2108.01 to 2108.28 of 1223
the Revised Code, negates the applicability of sections 1306.01 to 1224
1306.15 of the Revised Code to this section or sections 2108.01 to 1225
2108.28 of the Revised Code.1226

       Sec. 2108.11.        Sec. 2108.30.  Subject to the prohibition in section 1227
2108.122108.18 of the Revised Code, the procuring, furnishing, 1228
donating, processing, distributing, or using of human whole blood, 1229
plasma, blood products, blood derivatives, and products, corneas, 1230
bones, organs, or other human tissue except hair, for the purpose 1231
of injecting, transfusing, or transplanting the fluid or body part 1232
in another human body, is considered for all purposes as the 1233
rendition of a service by every person participating in the act 1234
and not a sale of any such fluid or body part. No warranties of 1235
any kind or description are applicable to the act.1236

       Sec. 2108.21.        Sec. 2108.31.  Any person seventeen years of age or 1237
older may donate blood in a voluntary blood program, which is not 1238
operated for profit, without consent of histhe person's parent or 1239
guardian. Before obtaining blood donations from students at high 1240
schools, joint vocational schools, or technical schools, a blood 1241
program shall arrange for the dissemination of written donation 1242
information to students to be shared with their parents or 1243
guardians. This information shall include a statement that the 1244
students will be requested to donate blood.1245

       Sec. 2108.19.        Sec. 2108.32.  The bureau of motor vehicles shall 1246
maintain a toll-free telephone number available twenty-four hours 1247
a day that the public may use to obtain information on becoming an 1248
organ, tissue, or eye donor as provided in section 2108.042108.051249
of the Revised Code. The bureau of motor vehicles shall pay the 1250
costs of maintaining the toll-free telephone number.1251

       Sec. 2108.20.        Sec. 2108.33.  The bureau of motor vehicles, 1252
registrar of motor vehicles, deputy registrars of motor vehicles, 1253
and agents and employees of the bureau of motor vehicles are not 1254
liable for damages in any civil action or subject to prosecution 1255
in a criminal proceeding for acting, attempting to act, or failing 1256
to act in accordance with section 2108.18, 2108.192108.23, 1257
2108.32, or 4501.024 of the Revised Code, unless the act, attempt, 1258
or omission was committed or omitted with malicious purpose, in 1259
bad faith, or in a wanton or reckless manner.1260

       Sec. 2108.15.        Sec. 2108.34.  (A) There is hereby created in the 1261
state treasury the second chance trust fund. The fund shall 1262
consist of voluntary contributions deposited as provided in 1263
sections 4503.721, 4506.081, 4507.231, and 4507.501 of the Revised 1264
Code. All investment earnings of the fund shall be credited to the 1265
fund.1266

       (B) The director of health shall use the money in the fund1267
only for the following purposes:1268

       (1) Development and implementation of a campaign that1269
explains and promotes the second chance trust fund;1270

       (2) Development and implementation of local and statewide1271
public education programs about organ, tissue, and eye donation,1272
including the informational material required to be provided under1273
sections 4506.081, 4507.231, and 4507.501 of the Revised Code;1274

       (3) Development and implementation of local and statewide1275
donor awareness programs in schools;1276

       (4) Development and implementation of local and statewide1277
programs to recognize donor families;1278

       (5) Development and distribution of materials promoting1279
organ, tissue, and eye donation;1280

       (6) Cooperation with the Ohio Supreme Court, Ohio State Bar1281
Association, and law schools of this state to more effectively1282
educate attorneys about the donation of anatomical gifts and to1283
encourage them to assist their clients in donating anatomical1284
gifts through anatomical gift declarations, durable powers of1285
attorney for health care, declarations as defined in section1286
2133.01 of the Revised Code, wills, and any other appropriate1287
means;1288

       (7) Cooperation with the state medical board, state medical,1289
osteopathic, and opthalmologicalophthalmological associations, 1290
and colleges of medicine and osteopathic medicine in this state to 1291
more effectively educate physicians about the donation of 1292
anatomical gifts and to encourage them to assist their patients in 1293
making declarations of anatomical gifts;1294

       (8) Development and initial implementation of the donor1295
registry established pursuant to section 2108.18 of the Revised1296
Code, except that the total amount expended shall not exceed one1297
hundred fifty thousand dollars;1298

       (9) Development of statewide hospital training programs to1299
encourage and facilitate compliance with section 2108.021sections 1300
2108.14 and 2108.15 of the Revised Code concerning circumstances 1301
under which an anatomical gift is required to be requested;1302

       (10)(9) Reimbursement of the bureau of motor vehicles for the1303
administrative costs incurred in the performance of duties under1304
sections 4506.081, 4507.231, and 4507.501 of the Revised Code;1305

       (11)(10) Reimbursement of the department of health for1306
administrative costs incurred in the performance of duties under1307
this section and section 2108.172108.35 of the Revised Code;1308

       (12)(11) Reimbursement of members of the second chance fund1309
advisory committee for actual and necessary expenses incurred in1310
the performance of official duties.1311

       (C) The director shall make the materials developed under1312
division (B)(5) of this section available to other state agencies.1313

       (D) The director shall consider recommendations made by the1314
second chance trust fund advisory committee pursuant to section1315
2108.172108.35 of the Revised Code. The director shall determine 1316
the appropriateness of and approve or disapprove projects 1317
recommended by the advisory committee for funding and approve or 1318
disapprove the disbursement of money from the second chance trust 1319
fund.1320

       Sec. 2108.17.        Sec. 2108.35.  (A) There is hereby created within the1321
department of health the second chance trust fund advisory1322
committee, consisting of thirteen members. The members shall1323
include the following:1324

       (1) The chairs of the standing committees of the house of1325
representatives and senate with primary responsibilities for1326
health legislation;1327

       (2) One representative of each of the following appointed by1328
the director of health:1329

       (a) An Ohio organ procurement organization that is a member1330
of the Organ Procurement and Transplantation Network;1331

       (b) An Ohio tissue bank that is an accredited member of the1332
American association of tissue banks;1333

       (c) An Ohio eye bank that is certified by the eye bank1334
association of America;1335

       (d) The Ohio solid organ transplantation consortium;1336

       (e) A hospital to which both of the following apply:1337

       (i) It is a member of the Ohio hospital association.1338

       (ii) It has a transplant program or a facility that has been 1339
verified as a level I or level II trauma center by the American 1340
college of surgeons.1341

       (f) The department of health.1342

       (3) Except as provided in division (C) of this section, three1343
Three members of the public appointed by the director who are not1344
affiliated with recovery agenciesprocurement organizations;1345

       (4) Two members appointed by the director who are either 1346
affiliated with recovery agenciesprocurement organizations or 1347
members of the public.1348

       (B) Of the members first appointed under division (A)(2) of1349
this section, the representatives of the organ procurement1350
organization, tissue procurement organization, and eye bank shall1351
serve terms of three years; the representatives of the department1352
of health and Ohio solid organ transplantation consortium shall1353
serve terms of two years; and the member representing the Ohio1354
hospital association shall serve a term of one year. Thereafter,1355
all members shall serve terms of three years.1356

       (C) The members initially appointed under division (A)(3) of1357
this section shall be representatives of the following:1358

       (1) An organ procurement organization in Ohio designated by1359
the United States secretary of health and human services that is1360
not represented by the appointment under division (A)(2)(a) of1361
this section;1362

       (2) An Ohio tissue bank that is an accredited member of the1363
American association of tissue banks, not affiliated with an organ1364
procurement organization, and not represented by the appointment1365
under division (A)(2)(b) of this section;1366

       (3) An Ohio eye bank that is certified by the eye bank1367
association of America, not affiliated with an organ procurement1368
organization, and not represented by the appointment under1369
division (A)(2)(c) of this section.1370

       The three members shall serve until the proposed rules under1371
section 2108.18 of the Revised Code are formulated. After the1372
initial appointments, the director shall appoint three members of1373
the public who are not affiliated with recovery agencies to serve1374
terms of three years.1375

        (D) Members appointed under division (A)(2), (3), or (4) of 1376
this section shall be geographically and demographically 1377
representative of the state. No more than a total of three members 1378
appointed under divisions (A)(2), (3), and (4) of this section 1379
shall be affiliated with the same recovery agencyprocurement 1380
organization or group of recovery agenciesprocurement 1381
organizations. Recovery agenciesProcurement organizations that 1382
recover only one type of organ, tissue, or part, as well as 1383
recovery agenciesprocurement organizations that recover more than 1384
one type of organ, tissue, or part, shall be represented.1385

       No individual appointed under division (A)(2), (3), or (4) of1386
this section shall serve more than two consecutive terms,1387
regardless of whether the terms were full or partial terms. Each1388
member shall serve from the date of appointment until the member's1389
successor is appointed. All vacancies on the committee shall be1390
filled for the balance of the unexpired term in the same manner as1391
the original appointment.1392

       (E)(D) The committee shall annually elect a chairperson from1393
among its members and shall establish procedures for the1394
governance of its operations. The committee shall meet at least1395
semiannually. It shall submit an annual report of its activities1396
and recommendations to the director of health.1397

       (F)(E) Committee members shall serve without compensation, 1398
but shall be reimbursed from the second chance trust fund for all1399
actual and necessary expenses incurred in the performance of1400
official duties.1401

       (G)(F) The committee shall do all of the following:1402

       (1) Make recommendations to the director of health for1403
projects for funding from the second chance trust fund;1404

       (2) Consult with the registrar of motor vehicles in1405
formulating proposed rules under division (C)(1) of section1406
2108.182108.23 of the Revised Code;1407

       (3) As requested, consult with the registrar or director on1408
other matters related to organ donation;1409

       (4) Approve brochures, written materials, and electronic1410
media regarding anatomical gifts and anatomical gift procedures1411
for use in driver training schools pursuant to section 4508.021 of1412
the Revised Code.1413

       (H)(G) The committee is not subject to section 101.84 of the1414
Revised Code.1415

       Sec. 2108.30.        Sec. 2108.40.  An individual is dead if hethe 1416
individual has sustained either irreversible cessation of 1417
circulatory and respiratory functions or irreversible cessation of 1418
all functions of the brain, including the brain stem, as 1419
determined in accordance with accepted medical standards. If the 1420
respiratory and circulatory functions of a person are being 1421
artificially sustained, under accepted medical standards a 1422
determination that death has occurred is made by a physician by 1423
observing and conducting a test to determine that the irreversible 1424
cessation of all functions of the brain has occurred.1425

       A physician who makes a determination of death in accordance 1426
with this section and accepted medical standards is not liable for 1427
damages in any civil action or subject to prosecution in any 1428
criminal proceeding for histhe physician's acts or the acts of 1429
others based on that determination.1430

       Any person who acts in good faith in reliance on a1431
determination of death made by a physician in accordance with this 1432
section and accepted medical standards is not liable for damages 1433
in any civil action or subject to prosecution in any criminal 1434
proceeding for histhe person's actions.1435

       Sec. 2108.78.  If a declarant or deceased adult has made a 1436
valid declaration of an anatomical gift by will or any other 1437
document or means described in section 2108.04under sections 1438
2108.01 to 2108.29 of the Revised Code, any person to whom the 1439
declarant has assigned the right of disposition under section 1440
2108.70 of the Revised Code, or who has the right as described in 1441
section 2108.81 of the Revised Code, is bound by the declaration 1442
of the anatomical gift and must follow the instructions associated 1443
with the gift before making any decisions or taking any other 1444
actions associated with the right. 1445

       Sec. 2108.99.  Whoever violates division (A) of section 1446
2108.122108.18 or section 2108.19 of the Revised Code is guilty1447
of unlawful transfer of body parts, a felony of the fifththird1448
degree.1449

       Sec. 2133.01.  Unless the context otherwise requires, as used 1450
in sections 2133.01 to 2133.15 of the Revised Code:1451

       (A) "Adult" means an individual who is eighteen years of age 1452
or older.1453

       (B) "Attending physician" means the physician to whom a 1454
declarant or other patient, or the family of a declarant or other 1455
patient, has assigned primary responsibility for the treatment or 1456
care of the declarant or other patient, or, if the responsibility 1457
has not been assigned, the physician who has accepted that 1458
responsibility.1459

       (C) "Comfort care" means any of the following:1460

       (1) Nutrition when administered to diminish the pain or1461
discomfort of a declarant or other patient, but not to postpone1462
the declarant's or other patient's death;1463

       (2) Hydration when administered to diminish the pain or1464
discomfort of a declarant or other patient, but not to postpone1465
the declarant's or other patient's death;1466

       (3) Any other medical or nursing procedure, treatment,1467
intervention, or other measure that is taken to diminish the pain1468
or discomfort of a declarant or other patient, but not to postpone1469
the declarant's or other patient's death.1470

       (D) "Consulting physician" means a physician who, in1471
conjunction with the attending physician of a declarant or other1472
patient, makes one or more determinations that are required to be1473
made by the attending physician, or to be made by the attending1474
physician and one other physician, by an applicable provision of1475
this chapter, to a reasonable degree of medical certainty and in1476
accordance with reasonable medical standards.1477

       (E) "Declarant" means any adult who has executed a1478
declaration in accordance with section 2133.02 of the Revised1479
Code.1480

       (F) "Declaration" means a written document executed in1481
accordance with section 2133.02 of the Revised Code.1482

       (G) "Durable power of attorney for health care" means a1483
document created pursuant to sections 1337.11 to 1337.17 of the1484
Revised Code.1485

       (H) "Guardian" means a person appointed by a probate court1486
pursuant to Chapter 2111. of the Revised Code to have the care and 1487
management of the person of an incompetent.1488

       (I) "Health care facility" means any of the following:1489

       (1) A hospital;1490

       (2) A hospice care program or other institution that1491
specializes in comfort care of patients in a terminal condition or 1492
in a permanently unconscious state;1493

       (3) A nursing home or residential care facility, as defined 1494
in section 3721.01 of the Revised Code;1495

       (4) A home health agency and any residential facility where a 1496
person is receiving care under the direction of a home health 1497
agency;1498

       (5) An intermediate care facility for the mentally retarded.1499

       (J) "Health care personnel" means physicians, nurses,1500
physician assistants, emergency medical technicians-basic, 1501
emergency medical technicians-intermediate, emergency medical 1502
technicians-paramedic, medical technicians, dietitians, other 1503
authorized persons acting under the direction of an attending 1504
physician, and administrators of health care facilities.1505

       (K) "Home health agency" has the same meaning as in section 1506
3701.881 of the Revised Code.1507

       (L) "Hospice care program" has the same meaning as in section 1508
3712.01 of the Revised Code.1509

       (M) "Hospital" has the same meanings as in sections 2108.01,1510
3701.01, 3727.01, and 5122.01 of the Revised Code.1511

       (N) "Hydration" means fluids that are artificially or1512
technologically administered.1513

       (O) "Incompetent" has the same meaning as in section 2111.01 1514
of the Revised Code.1515

       (P) "Intermediate care facility for the mentally retarded"1516
has the same meaning as in section 5111.20 of the Revised Code.1517

       (Q) "Life-sustaining treatment" means any medical procedure, 1518
treatment, intervention, or other measure that, when administered 1519
to a qualified patient or other patient, will serve principally to 1520
prolong the process of dying.1521

       (R) "Nurse" means a person who is licensed to practice1522
nursing as a registered nurse or to practice practical nursing as1523
a licensed practical nurse pursuant to Chapter 4723. of the1524
Revised Code.1525

       (S) "Nursing home" has the same meaning as in section 3721.01 1526
of the Revised Code.1527

       (T) "Nutrition" means sustenance that is artificially or1528
technologically administered.1529

       (U) "Permanently unconscious state" means a state of1530
permanent unconsciousness in a declarant or other patient that, to 1531
a reasonable degree of medical certainty as determined in1532
accordance with reasonable medical standards by the declarant's or 1533
other patient's attending physician and one other physician who 1534
has examined the declarant or other patient, is characterized by 1535
both of the following:1536

       (1) Irreversible unawareness of one's being and environment.1537

       (2) Total loss of cerebral cortical functioning, resulting in 1538
the declarant or other patient having no capacity to experience 1539
pain or suffering.1540

       (V) "Person" has the same meaning as in section 1.59 of the 1541
Revised Code and additionally includes political subdivisions and 1542
governmental agencies, boards, commissions, departments,1543
institutions, offices, and other instrumentalities.1544

       (W) "Physician" means a person who is authorized under1545
Chapter 4731. of the Revised Code to practice medicine and surgery 1546
or osteopathic medicine and surgery.1547

       (X) "Political subdivision" and "state" have the same1548
meanings as in section 2744.01 of the Revised Code.1549

       (Y) "Professional disciplinary action" means action taken by 1550
the board or other entity that regulates the professional conduct 1551
of health care personnel, including the state medical board and 1552
the board of nursing.1553

       (Z) "Qualified patient" means an adult who has executed a1554
declaration and has been determined to be in a terminal condition1555
or in a permanently unconscious state.1556

       (AA) "Terminal condition" means an irreversible, incurable, 1557
and untreatable condition caused by disease, illness, or injury 1558
from which, to a reasonable degree of medical certainty as 1559
determined in accordance with reasonable medical standards by a 1560
declarant's or other patient's attending physician and one other 1561
physician who has examined the declarant or other patient, both of 1562
the following apply:1563

       (1) There can be no recovery.1564

       (2) Death is likely to occur within a relatively short time 1565
if life-sustaining treatment is not administered.1566

       (BB) "Tort action" means a civil action for damages for1567
injury, death, or loss to person or property, other than a civil1568
action for damages for breach of a contract or another agreement1569
between persons.1570

       Sec. 2133.07. (A) As used in this section:1571

       (1) "Anatomical gift" has the same meaning as in section 1572
2108.01 of the Revised Code.1573

       (2) "DNR identification" has the same meaning as in section 1574
2133.21 of the Revised Code.1575

       (B) A printed form of a declaration may be sold or otherwise 1576
distributed in this state for use by adults who are not advised by 1577
an attorney. By use of a printed form of that nature, a declarant 1578
may authorize the use or continuation, or the withholding or 1579
withdrawal, of life-sustaining treatment should the declarant be 1580
in a terminal condition, a permanently unconscious state, or1581
either a terminal condition or a permanently unconscious state,1582
may authorize the withholding or withdrawal of nutrition or1583
hydration should the declarant be in a permanently unconscious 1584
state as described in division (A)(3)(a) of section 2133.02 of the 1585
Revised Code, and may designate one or more persons who are to be1586
notified by the declarant's attending physician at any time that1587
life-sustaining treatment would be withheld or withdrawn pursuant1588
to the declaration. The printed form shall not be used as an1589
instrument for granting any other type of authority or for making1590
any other type of designation, except that the printed form may be1591
used as a DNR identification if the declarant specifies on the 1592
form that the declarant wishes to use it as a DNR identification 1593
and except as provided in division (B)(C) of this section.1594

       (B)(C) A printed form of a declaration under division (A)(B)1595
of this section shall include, before the signature of the 1596
declarant or another individual at the direction of the 1597
declarant, statements that conform substantially to the following 1598
form:1599

"ANATOMICAL GIFT (optional)
1600

       Upon my death, the following are my directions regarding 1601
donation of all or part of my body:1602

       In the hope that I may help others upon my death, I hereby 1603
give the following body parts:1604

1605
1606

for any purpose authorized by law: transplantation, therapy, 1607
research, or education.1608

       If I do not indicate a desire to donate all or part of my 1609
body by filling in the lines above, no presumption is created 1610
about my desire to make or refuse to make an anatomical gift."1611

       (C)(D)(1) A printed form of a declaration under division 1612
(A)(B) of this section shall include, as a separate page or as a 1613
portion of a page that can be detached from the declaration, a 1614
donor registry enrollment form that permits the donor to be 1615
included in the donor registry created under section 2108.181616
2108.23 of the Revised Code.1617

        (2) The donor registry enrollment form shall conform 1618
substantially to the following form:1619

"DONOR REGISTRY ENROLLMENT FORM (optional)
1620

       To register for the Donor Registry, please complete this form 1621
and send it to the Ohio Bureau of Motor Vehicles. This form must 1622
be signed by two witnesses. If the donor is under age eighteen, 1623
one witness must be the donor's parent or legal guardian.1624

... Please include me in the donor registry.1625

... Please remove me from the donor registry.1626

Full Name (please print) 1627
Mailing address 1628
1629
1630
Phone Date of Birth 1631
Driver License or ID Card No. 1632
Social Security No. 1633

... On my death, I make an anatomical gift of my organs, tissues, 1634
and eyes for any purpose authorized by law.1635

OR
1636

... On my death, I make an anatomical gift of the following 1637
specified organs, tissues, or eyes for any purposes indicated 1638
below.1639

1640
1641
1642

       Purposes:1643

... Any purpose authorized by law 1644
... Transplantation 1645
... Therapy 1646
... Research 1647
... Education 1648
... Advancement of medical science 1649
... Advancement of dental science 1650

1651
Signature of donor registrant Date 1652
1653
Witness signature 1654
1655
Witness signature" 1656

       (D) As used in this section:1657

       (1) "Anatomical gift" has the same meaning as in section 1658
2108.01 of the Revised Code.1659

       (2) "DNR identification" has the same meaning as in section 1660
2133.21 of the Revised Codemay be in any form that complies with 1661
the requirements of division (B) of section 2108.05 of the 1662
Revised Code. On completion, the form shall be forwarded to the 1663
bureau of motor vehicles.1664

       Sec. 2133.16.  (A) As used in this section:1665

       (1) "Anatomical gift" and "donor" have the same meanings as 1666
in section 2108.01 of the Revised Code.1667

       (2) "Declarant" and "declaration" have the same meanings as 1668
in section 2133.01 of the Revised Code.1669

       (B) A declarant may make an anatomical gift of all or part of 1670
the declarant's body by specifying the intent of the declarant to 1671
make the anatomical gift in a space provided in the declaration. 1672
All of the following apply to a declaration that specifies the 1673
intent of the declarant to make an anatomical gift:1674

       (1) The declaration serves as a document other than a will1675
donor card or other record in which a declarant makes an 1676
anatomical gift as provided in divisionsdivision (B)(1) and (3)1677
of section 2108.042108.05 of the Revised Code.1678

       (2) The declaration is considered as having satisfied the 1679
requirements specified in divisionsdivision (B)(1) and (3) of 1680
section 2108.042108.05 of the Revised Code to make an anatomical 1681
gift by a document other than a willdonor card or other record.1682

       (3) The declaration is subject to sections 2108.01 to 2108.121683
2108.29 of the Revised Code to the extent that the declaration 1684
specifies the intent of the declarant to make an anatomical gift. 1685

       (C) A declarant who makes an anatomical gift in the manner 1686
described in division (B) of this section may amend the anatomical 1687
gift under the circumstances and by any of the means provided in 1688
division (A) of section 2108.06 of the Revised Code.1689

       (D) A declarant who makes an anatomical gift in the manner 1690
described in division (B) of this section may revoke the 1691
anatomical gift under the circumstances and by any of the means 1692
provided in division (A) of section 2108.06 of the Revised Code or 1693
by cancellation of the declarant's intent to make the anatomical 1694
gift as specified in the declaration.1695

       (E) A declarant may refuse to make an anatomical gift of all 1696
or part of the declarant's body by specifying the intent of the 1697
declarant to refuse to make the anatomical gift in a space 1698
provided in the declaration.1699

       (F) Nothing in this section requires a declarant to make, 1700
amend, or refuse to make an anatomical gift in a space provided in 1701
a declaration or otherwise limits a declarant from making, 1702
amending, or refusing to make an anatomical gift. The failure of a 1703
declarant to indicate in the space provided in the declaration the 1704
intent of the declarant to make an anatomical gift or to refuse to 1705
make an anatomical gift does not create a presumption of the 1706
intent of the declarant in regard to the matter of making or 1707
refusing to make an anatomical gift.1708

       Sec. 2305.37.  (A) As used in this section:1709

       (1) "Agency" means any nonhospital, charitable nonprofit1710
corporation that is organized and operated pursuant to Chapter1711
1702. of the Revised Code and that satisfies both of the1712
following, or any nonhospital, charitable association, group,1713
institution, organization, or society that is not organized and1714
not operated for profit and that satisfies both of the following:1715

       (a) It distributes consumer goods or perishable food, 1716
directly or indirectly, to individuals in need.1717

       (b) It does not charge or accept any form of compensation1718
from the individuals in need for the distribution of the consumer 1719
goods or perishable food to them.1720

       (2) "Consumer goods" means items of tangible personal 1721
property other than food that are used primarily for personal, 1722
family, or household purposes.1723

        (3) "Food service operation" has the same meaning as in1724
section 3717.01 of the Revised Code.1725

       (4) "Food that is gleaned" means perishable food that remains 1726
on a farm or other real property and that the owner, lessee, 1727
renter, or operator of the property permits one or more persons to 1728
salvage free-of-charge for subsequent donation to one or more 1729
agencies.1730

       (5) "Harm" means injury, death, or loss to person or1731
property.1732

       (6) "Hospital" has the same meaning as in section 2108.01,1733
3701.01, 3727.01, or 5122.01 of the Revised Code.1734

       (7) "Individuals in need" means those persons who an agency1735
determines are eligible to receive free distributions of consumer 1736
goods or perishable food because of poverty, illness, disability, 1737
infancy, or other conditions or circumstances that may result in 1738
persons having a need to receive free distributions of consumer 1739
goods or perishable food.1740

       (8) "Perishable food" means any food that may spoil or1741
otherwise become unfit for human consumption because of its1742
nature, age, or physical condition. "Perishable food" includes,1743
but is not limited to, fresh meats, processed meats, poultry, fish1744
and other seafood, dairy products, bakery products, eggs in the1745
shell, fresh fruits, fresh vegetables, food that is gleaned, food1746
that is packaged, refrigerated, or frozen, food that is canned,1747
and prepared or other food that has not been served by a1748
restaurant, cafeteria, hospital, hotel, caterer, or other food1749
service operation to any customer, patient, or other person in the1750
ordinary course of business, by a public or private school,1751
college, university, or other educational institution to a student1752
or another person on the premises in the ordinary course of the1753
operation of the institution, or by a fraternal, veteran's, or1754
other organization to its members or other persons on the premises1755
in the ordinary course of the operation of the organization.1756

       (9) "Person" has the same meaning as in section 1.59 of the1757
Revised Code and additionally includes governmental entities and 1758
federal instrumentalities.1759

       (10) "Sale date" means the date by which the manufacturer, 1760
processor, or packager of a packaged food product recommends that 1761
the food product be sold for consumption based on the food 1762
product's quality assurance period.1763

       (11) "Tort action" means a civil action for damages for1764
injury, death, or loss to person or property. "Tort action"1765
includes a product liability claim that is subject to sections1766
2307.71 to 2307.80 of the Revised Code but does not include a1767
civil action for a breach of contract or another agreement between1768
persons.1769

       (B) Notwithstanding Chapter 3715. of the Revised Code, a1770
person who, in good faith, donates perishable food to an agency is1771
not liable in damages in a tort action for harm that allegedly1772
arises because that perishable food, when distributed by the1773
agency or any other agency to a particular individual in need, is1774
not fit for human consumption, if both of the following apply:1775

       (1) Prior to the donation of the perishable food to the1776
agency, the person determines that the perishable food will be fit1777
for human consumption at the time of its donation. A presumption1778
favoring liability does not arise because the perishable food is1779
donated to an agency on or after an applicable sale date.1780

       (2) The person does not make the determination that the1781
perishable food will be fit for human consumption at the time of1782
its donation to the agency in a manner that constitutes gross1783
negligence or willful or wanton misconduct.1784

       (C) A person who, in good faith, donates consumer goods to an 1785
agency is not liable in damages in a tort action for harm that 1786
allegedly arises because those consumer goods are not fit for use 1787
at the time the agency or any other agency distributes them to a 1788
particular individual in need, if both of the following apply:1789

        (1) Prior to the donation of the consumer goods to the 1790
agency, the person determines that the consumer goods will be fit 1791
for use at the time of their donation. A presumption favoring 1792
liability does not arise because the consumer goods are in 1793
packaging that has been damaged.1794

        (2) The person does not make the determination that the 1795
consumer goods will be fit for use at the time of their donation 1796
to the agency in a manner that constitutes gross negligence or 1797
willful or wanton misconduct.1798

       (D) Notwithstanding Chapter 3715. of the Revised Code, an 1799
agency that, in good faith, distributes consumer goods or 1800
perishable food to a particular individual in need is not liable 1801
in damages in a tort action for harm that allegedly arises because 1802
those consumer goods are not fit for use or that perishable food 1803
is not fit for human consumption if both of the following apply:1804

       (1) Prior to the distribution of the consumer goods or 1805
perishable food to the individual, the agency determines that the 1806
consumer goods will be fit for use or the perishable food will be 1807
fit for human consumption at the time of its distribution. A 1808
presumption favoring liability does not arise because the consumer 1809
goods are in packaging that has been damaged or because the 1810
perishable food is distributed to an individual on or after an 1811
applicable sale date.1812

       (2) The agency does not make the determination that the 1813
consumer goods will be fit for use or the perishable food will be 1814
fit for human consumption at the time of its distribution to the 1815
individual in a manner that constitutes gross negligence or 1816
willful or wanton misconduct.1817

        (E)(1) This section does not create a new cause of action or1818
substantive legal right against persons who donate consumer goods 1819
or perishable food to an agency or against agencies that 1820
distribute consumer goods or perishable food to an individual in 1821
need.1822

       (2) This section does not affect any immunities from or1823
defenses to tort liability established by another section of the1824
Revised Code or available at common law to which persons who1825
donate consumer goods or perishable food other than to agencies, 1826
or to which agencies that distribute consumer goods or perishable 1827
food other than to individuals in need, may be entitled.1828

       Sec. 2919.16.  As used in sections 2919.16 to 2919.18 of the1829
Revised Code:1830

       (A) "Fertilization" means the fusion of a human spermatozoon1831
with a human ovum.1832

       (B) "Gestational age" means the age of an unborn human as1833
calculated from the first day of the last menstrual period of a1834
pregnant woman.1835

       (C) "Health care facility" means a hospital, clinic,1836
ambulatory surgical treatment center, other center, medical1837
school, office of a physician, infirmary, dispensary, medical1838
training institution, or other institution or location in or at1839
which medical care, treatment, or diagnosis is provided to a1840
person.1841

       (D) "Hospital" has the same meanings as in sections 2108.01,1842
3701.01, 3727.01, and 5122.01 of the Revised Code.1843

       (E) "Live birth" has the same meaning as in division (A) of1844
section 3705.01 of the Revised Code.1845

       (F) "Medical emergency" means a condition that a pregnant1846
woman's physician determines, in good faith and in the exercise of1847
reasonable medical judgment, so complicates the woman's pregnancy1848
as to necessitate the immediate performance or inducement of an1849
abortion in order to prevent the death of the pregnant woman or to1850
avoid a serious risk of the substantial and irreversible1851
impairment of a major bodily function of the pregnant woman that1852
delay in the performance or inducement of the abortion would1853
create.1854

       (G) "Physician" has the same meaning as in section 2305.113 1855
of the Revised Code.1856

       (H) "Pregnant" means the human female reproductive condition, 1857
that commences with fertilization, of having a developing fetus.1858

       (I) "Premature infant" means a human whose live birth occurs1859
prior to thirty-eight weeks of gestational age.1860

       (J) "Serious risk of the substantial and irreversible1861
impairment of a major bodily function" means any medically1862
diagnosed condition that so complicates the pregnancy of the woman1863
as to directly or indirectly cause the substantial and1864
irreversible impairment of a major bodily function, including, but1865
not limited to, the following conditions:1866

       (1) Pre-eclampsia;1867

       (2) Inevitable abortion;1868

       (3) Prematurely ruptured membrane;1869

       (4) Diabetes;1870

       (5) Multiple sclerosis.1871

       (K) "Unborn human" means an individual organism of the1872
species homo sapiens from fertilization until live birth.1873

       (L) "Viable" means the stage of development of a human fetus1874
at which in the determination of a physician, based on the1875
particular facts of a woman's pregnancy that are known to the1876
physician and in light of medical technology and information1877
reasonably available to the physician, there is a realistic1878
possibility of the maintaining and nourishing of a life outside of1879
the womb with or without temporary artificial life-sustaining1880
support.1881

       Sec. 3301.07.  The state board of education shall exercise1882
under the acts of the general assembly general supervision of the1883
system of public education in the state. In addition to the powers 1884
otherwise imposed on the state board under the provisions of law, 1885
the board shall have the following powers:1886

       (A) Exercise policy forming, planning, and evaluative1887
functions for the public schools of the state, and for adult1888
education, except as otherwise provided by law;1889

       (B) Exercise leadership in the improvement of public1890
education in this state, and administer the educational policies1891
of this state relating to public schools, and relating to1892
instruction and instructional material, building and equipment,1893
transportation of pupils, administrative responsibilities of1894
school officials and personnel, and finance and organization of1895
school districts, educational service centers, and territory.1896
Consultative and advisory services in such matters shall be1897
provided by the board to school districts and educational service1898
centers of this state. The board also shall develop a standard of1899
financial reporting which shall be used by all school districts1900
and educational service centers to make their financial1901
information available to the public in a format understandable by1902
the average citizen and provide year-to-year comparisons for at1903
least five years. The format shall show, among other things,1904
district and educational service center revenue by source;1905
expenditures for salaries, wages, and benefits of employees,1906
showing such amounts separately for classroom teachers, other1907
employees required to hold licenses issued pursuant to sections1908
3319.22 to 3319.31 of the Revised Code, and all other employees;1909
expenditures other than for personnel, by category, including1910
utilities, textbooks and other educational materials, equipment,1911
permanent improvements, pupil transportation, extracurricular1912
athletics, and other extracurricular activities; and per pupil1913
expenditures.1914

       (C) Administer and supervise the allocation and distribution1915
of all state and federal funds for public school education under1916
the provisions of law, and may prescribe such systems of1917
accounting as are necessary and proper to this function. It may1918
require county auditors and treasurers, boards of education,1919
educational service center governing boards, treasurers of such1920
boards, teachers, and other school officers and employees, or1921
other public officers or employees, to file with it such reports1922
as it may prescribe relating to such funds, or to the management1923
and condition of such funds.1924

       (D) Formulate and prescribe minimum standards to be applied1925
to all elementary and secondary schools in this state for the1926
purpose of requiring a general education of high quality. Such1927
standards shall provide adequately for: the licensing of teachers,1928
administrators, and other professional personnel and their1929
assignment according to training and qualifications; efficient and1930
effective instructional materials and equipment, including library1931
facilities; the proper organization, administration, and1932
supervision of each school, including regulations for preparing1933
all necessary records and reports and the preparation of a1934
statement of policies and objectives for each school; buildings,1935
grounds, health and sanitary facilities and services; admission of1936
pupils, and such requirements for their promotion from grade to1937
grade as will assure that they are capable and prepared for the1938
level of study to which they are certified; requirements for1939
graduation; and such other factors as the board finds necessary.1940

       In the formulation and administration of such standards for1941
nonpublic schools the board shall also consider the particular1942
needs, methods and objectives of those schools, provided they do1943
not conflict with the provision of a general education of a high1944
quality and provided that regular procedures shall be followed for1945
promotion from grade to grade of pupils who have met the1946
educational requirements prescribed.1947

       (E) May require as part of the health curriculum information 1948
developed under section 2108.152108.34 of the Revised Code1949
promoting the donation of anatomical gifts pursuant to Chapter1950
2108. of the Revised Code and may provide the information to high1951
schools, educational service centers, and joint vocational school1952
district boards of education;1953

       (F) Prepare and submit annually to the governor and the1954
general assembly a report on the status, needs, and major problems1955
of the public schools of the state, with recommendations for1956
necessary legislative action and a ten-year projection of the1957
state's public and nonpublic school enrollment, by year and by1958
grade level;1959

       (G) Prepare and submit to the director of budget and1960
management the biennial budgetary requests of the state board of1961
education, for its agencies and for the public schools of the1962
state;1963

       (H) Cooperate with federal, state, and local agencies1964
concerned with the health and welfare of children and youth of the1965
state;1966

       (I) Require such reports from school districts and1967
educational service centers, school officers, and employees as are1968
necessary and desirable. The superintendents and treasurers of1969
school districts and educational service centers shall certify as1970
to the accuracy of all reports required by law or state board or1971
state department of education rules to be submitted by the1972
district or educational service center and which contain1973
information necessary for calculation of state funding. Any1974
superintendent who knowingly falsifies such report shall be1975
subject to license revocation pursuant to section 3319.31 of the1976
Revised Code.1977

       (J) In accordance with Chapter 119. of the Revised Code,1978
adopt procedures, standards, and guidelines for the education of 1979
children with disabilities pursuant to Chapter 3323. of the 1980
Revised Code, including procedures, standards, and guidelines 1981
governing programs and services operated by county boards of 1982
mental retardation and developmental disabilities pursuant to 1983
section 3323.09 of the Revised Code;1984

       (K) For the purpose of encouraging the development of special 1985
programs of education for academically gifted children, employ 1986
competent persons to analyze and publish data, promote research, 1987
advise and counsel with boards of education, and encourage the 1988
training of teachers in the special instruction of gifted 1989
children. The board may provide financial assistance out of any 1990
funds appropriated for this purpose to boards of education and 1991
educational service center governing boards for developing and1992
conducting programs of education for academically gifted children.1993

       (L) Require that all public schools emphasize and encourage,1994
within existing units of study, the teaching of energy and1995
resource conservation as recommended to each district board of1996
education by leading business persons involved in energy1997
production and conservation, beginning in the primary grades;1998

       (M) Formulate and prescribe minimum standards requiring the1999
use of phonics as a technique in the teaching of reading in grades2000
kindergarten through three. In addition, the state board shall2001
provide in-service training programs for teachers on the use of2002
phonics as a technique in the teaching of reading in grades2003
kindergarten through three.2004

       (N) Develop and modify as necessary a state plan for2005
technology to encourage and promote the use of technological2006
advancements in educational settings.2007

       The board may adopt rules necessary for carrying out any2008
function imposed on it by law, and may provide rules as are2009
necessary for its government and the government of its employees,2010
and may delegate to the superintendent of public instruction the2011
management and administration of any function imposed on it by2012
law. It may provide for the appointment of board members to serve2013
on temporary committees established by the board for such purposes2014
as are necessary. Permanent or standing committees shall not be2015
created.2016

       Sec. 4501.024.  The bureau of motor vehicles shall do both of 2017
the following:2018

       (A) Develop and maintain a donor registry as required by 2019
section 2108.182108.23 of the Revised Code;2020

       (B) Maintain a toll-free telephone number as specified in 2021
section 2108.192108.32 of the Revised Code.2022

       Sec. 4503.721.  (A) The owner or lessee of any passenger car, 2023
noncommercial motor vehicle, recreational vehicle, or other 2024
vehicle of a class approved by the registrar of motor vehicles may 2025
apply to the registrar for the registration of the vehicle and 2026
issuance of "donate life" license plates. An application made 2027
under this section may be combined with a request for a special 2028
reserved license plate under section 4503.40 or 4503.42 of the 2029
Revised Code. Upon receipt of the completed application and 2030
compliance by the applicant with divisions (B) and (C) of this 2031
section, the registrar shall issue to the applicant the 2032
appropriate vehicle registration and a set of "donate life" 2033
license plates and a validation sticker, or a validation sticker 2034
alone when required by section 4503.191 of the Revised Code.2035

       In addition to the letters and numbers ordinarily inscribed 2036
on the license plates, "donate life" license plates shall be 2037
inscribed with identifying words or markings designated by 2038
lifeline of Ohio, incorporated, and approved by the registrar. 2039
"Donate life" license plates shall display county identification 2040
stickers that identify the county of registration by name or 2041
number.2042

       (B) The "donate life" license plates and a validation 2043
sticker, or validation sticker alone, shall be issued upon receipt 2044
of a contribution as provided in division (C) of this section and 2045
upon payment of the regular license tax as prescribed under 2046
section 4503.04 of the Revised Code, any applicable motor vehicle 2047
license tax levied under Chapter 4504. of the Revised Code, any 2048
applicable additional fee prescribed by section 4503.40 or 4503.42 2049
of the Revised Code, an additional fee of ten dollars, and 2050
compliance with all other applicable laws relating to the 2051
registration of motor vehicles.2052

       (C) For each application for registration and registration 2053
renewal notice the registrar receives under this section, the 2054
registrar shall collect a contribution of five dollars. The 2055
registrar shall transmit this contribution to the treasurer of 2056
state for deposit into the state treasury to the credit of the 2057
second chance trust fund created in section 2108.152108.34 of the 2058
Revised Code.2059

       The additional fee of ten dollars is to compensate the bureau 2060
of motor vehicles for additional services required in the issuing 2061
of "donate life" license plates. The registrar shall transmit the 2062
additional fee to the treasurer of state for deposit into the 2063
state treasury to the credit of the state bureau of motor vehicles 2064
fund created by section 4501.25 of the Revised Code.2065

       Sec. 4506.07.  (A) Every application for a commercial2066
driver's license, restricted commercial driver's license, or a2067
commercial driver's temporary instruction permit, or a duplicate2068
of such a license, shall be made upon a form approved and2069
furnished by the registrar of motor vehicles. Except as provided2070
in section 4506.24 of the Revised Code in regard to a restricted2071
commercial driver's license, the application shall be signed by2072
the applicant and shall contain the following information:2073

       (1) The applicant's name, date of birth, social security 2074
account number, sex, general description including height, weight, 2075
and color of hair and eyes, current residence, duration of 2076
residence in this state, country of citizenship, and occupation;2077

       (2) Whether the applicant previously has been licensed to2078
operate a commercial motor vehicle or any other type of motor2079
vehicle in another state or a foreign jurisdiction and, if so,2080
when, by what state, and whether the license or driving privileges 2081
currently are suspended or revoked in any jurisdiction, or the 2082
applicant otherwise has been disqualified from operating a 2083
commercial motor vehicle, or is subject to an out-of-service order 2084
issued under this chapter or any similar law of another state or a 2085
foreign jurisdiction and, if so, the date of, locations involved, 2086
and reason for the suspension, revocation, disqualification, or 2087
out-of-service order;2088

       (3) Whether the applicant is afflicted with or suffering from 2089
any physical or mental disability or disease that prevents the 2090
applicant from exercising reasonable and ordinary control over a 2091
motor vehicle while operating it upon a highway or is or has been2092
subject to any condition resulting in episodic impairment of2093
consciousness or loss of muscular control and, if so, the nature2094
and extent of the disability, disease, or condition, and the names 2095
and addresses of the physicians attending the applicant;2096

       (4) Whether the applicant has obtained a medical examiner's 2097
certificate as required by this chapter;2098

       (5) Whether the applicant has pending a citation for2099
violation of any motor vehicle law or ordinance except a parking2100
violation and, if so, a description of the citation, the court2101
having jurisdiction of the offense, and the date when the offense2102
occurred;2103

       (6) Whether the applicant wishes to certify willingness to2104
make an anatomical donationgift under section 2108.042108.05 of 2105
the Revised Code, which shall be given no consideration in the 2106
issuance of a license;2107

       (7) On and after May 1, 1993, whether the applicant has2108
executed a valid durable power of attorney for health care2109
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has 2110
executed a declaration governing the use or continuation, or the 2111
withholding or withdrawal, of life-sustaining treatment pursuant 2112
to sections 2133.01 to 2133.15 of the Revised Code and, if the2113
applicant has executed either type of instrument, whether the2114
applicant wishes the license issued to indicate that the applicant 2115
has executed the instrument.2116

       (B) Every applicant shall certify, on a form approved and2117
furnished by the registrar, all of the following:2118

       (1) That the motor vehicle in which the applicant intends to 2119
take the driving skills test is representative of the type of2120
motor vehicle that the applicant expects to operate as a driver;2121

       (2) That the applicant is not subject to any disqualification 2122
or out-of-service order, or license suspension, revocation, or 2123
cancellation, under the laws of this state, of another state, or 2124
of a foreign jurisdiction and does not have more than one driver's 2125
license issued by this or another state or a foreign jurisdiction;2126

       (3) Any additional information, certification, or evidence2127
that the registrar requires by rule in order to ensure that the2128
issuance of a commercial driver's license to the applicant is in2129
compliance with the law of this state and with federal law.2130

       (C) Every applicant shall execute a form, approved and2131
furnished by the registrar, under which the applicant consents to2132
the release by the registrar of information from the applicant's2133
driving record.2134

       (D) The registrar or a deputy registrar, in accordance with2135
section 3503.11 of the Revised Code, shall register as an elector 2136
any applicant for a commercial driver's license or for a renewal 2137
or duplicate of such a license under this chapter, if the 2138
applicant is eligible and wishes to be registered as an elector. 2139
The decision of an applicant whether to register as an elector 2140
shall be given no consideration in the decision of whether to 2141
issue the applicant a license or a renewal or duplicate.2142

       (E) The registrar or a deputy registrar, in accordance with2143
section 3503.11 of the Revised Code, shall offer the opportunity 2144
of completing a notice of change of residence or change of name to 2145
any applicant for a commercial driver's license or for a renewal 2146
or duplicate of such a license who is a resident of this state, if 2147
the applicant is a registered elector who has changed the 2148
applicant's residence or name and has not filed such a notice.2149

       (F) In considering any application submitted pursuant to this 2150
section, the bureau of motor vehicles may conduct any inquiries 2151
necessary to ensure that issuance or renewal of a commercial 2152
driver's license would not violate any provision of the Revised 2153
Code or federal law.2154

       Sec. 4506.081.  In addition to the fees collected under2155
section 4506.08 of the Revised Code, the registrar or deputy2156
registrar of motor vehicles shall ask each person applying for or 2157
renewing a commercial driver's license, restricted commercial2158
driver's license, or duplicate whether the person wishes to make a2159
one-dollar voluntary contribution to the second chance trust fund 2160
established under section 2108.152108.34 of the Revised Code. The 2161
registrar or deputy registrar shall also make available to the 2162
person informational material provided by the department of health 2163
on the 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. 4506.11.  (A) Every commercial driver's license shall be 2170
marked "commercial driver's license" or "CDL" and shall be of such 2171
material and so designed as to prevent its reproduction or2172
alteration without ready detection, and, to this end, shall be2173
laminated with a transparent plastic material. The commercial2174
driver's license for licensees under twenty-one years of age shall2175
have characteristics prescribed by the registrar of motor vehicles2176
distinguishing it from that issued to a licensee who is twenty-one2177
years of age or older. Every commercial driver's license shall2178
display all of the following information:2179

       (1) The name and residence address of the licensee;2180

       (2) A color photograph of the licensee showing the licensee's 2181
uncovered face;2182

       (3) A physical description of the licensee, including sex,2183
height, weight, and color of eyes and hair;2184

       (4) The licensee's date of birth;2185

       (5) The licensee's social security number if the person has2186
requested that the number be displayed in accordance with section2187
4501.31 of the Revised Code or if federal law requires the social2188
security number to be displayed and any number or other identifier2189
the director of public safety considers appropriate and2190
establishes by rules adopted under Chapter 119. of the Revised2191
Code and in compliance with federal law;2192

       (6) The licensee's signature;2193

       (7) The classes of commercial motor vehicles the licensee is2194
authorized to drive and any endorsements or restrictions relating2195
to the licensee's driving of those vehicles;2196

       (8) The name of this state;2197

       (9) The dates of issuance and of expiration of the license;2198

       (10) If the licensee has certified willingness to make an2199
anatomical donationgift under section 2108.042108.05 of the 2200
Revised Code, any symbol chosen by the registrar of motor vehicles 2201
to indicate that the licensee has certified that willingness;2202

       (11) If the licensee has executed a durable power of attorney 2203
for health care or a declaration governing the use or2204
continuation, or the withholding or withdrawal, of life-sustaining2205
treatment and has specified that the licensee wishes the license2206
to indicate that the licensee has executed either type of2207
instrument, any symbol chosen by the registrar to indicate that2208
the licensee has executed either type of instrument;2209

       (12) Any other information the registrar considers advisable2210
and requires by rule.2211

       (B) The registrar may establish and maintain a file of2212
negatives of photographs taken for the purposes of this section.2213

       (C) Neither the registrar nor any deputy registrar shall2214
issue a commercial driver's license to anyone under twenty-one2215
years of age that does not have the characteristics prescribed by2216
the registrar distinguishing it from the commercial driver's2217
license issued to persons who are twenty-one years of age or2218
older.2219

       (D) Whoever violates division (C) of this section is guilty2220
of a minor misdemeanor.2221

       Sec. 4507.06.  (A)(1) Every application for a driver's2222
license or motorcycle operator's license or endorsement, or2223
duplicate of any such license or endorsement, shall be made upon2224
the approved form furnished by the registrar of motor vehicles and2225
shall be signed by the applicant.2226

       Every application shall state the following:2227

       (a) The applicant's name, date of birth, social security2228
number if such has been assigned, sex, general description,2229
including height, weight, color of hair, and eyes, residence2230
address, including county of residence, duration of residence in2231
this state, and country of citizenship;2232

       (b) Whether the applicant previously has been licensed as an2233
operator, chauffeur, driver, commercial driver, or motorcycle2234
operator and, if so, when, by what state, and whether such license2235
is suspended or canceled at the present time and, if so, the date2236
of and reason for the suspension or cancellation;2237

       (c) Whether the applicant is now or ever has been afflicted2238
with epilepsy, or whether the applicant now is suffering from any2239
physical or mental disability or disease and, if so, the nature2240
and extent of the disability or disease, giving the names and2241
addresses of physicians then or previously in attendance upon the2242
applicant;2243

       (d) Whether an applicant for a duplicate driver's license, or 2244
duplicate license containing a motorcycle operator endorsement has 2245
pending a citation for violation of any motor vehicle law or2246
ordinance, a description of any such citation pending, and the2247
date of the citation;2248

       (e) Whether the applicant wishes to certify willingness to2249
make an anatomical gift under section 2108.042108.05 of the 2250
Revised Code, which shall be given no consideration in the 2251
issuance of a license or endorsement;2252

       (f) Whether the applicant has executed a valid durable power2253
of attorney for health care pursuant to sections 1337.11 to2254
1337.17 of the Revised Code or has executed a declaration2255
governing the use or continuation, or the withholding or2256
withdrawal, of life-sustaining treatment pursuant to sections2257
2133.01 to 2133.15 of the Revised Code and, if the applicant has2258
executed either type of instrument, whether the applicant wishes2259
the applicant's license to indicate that the applicant has2260
executed the instrument.2261

       (2) Every applicant for a driver's license shall be2262
photographed in color at the time the application for the license2263
is made. The application shall state any additional information2264
that the registrar requires.2265

       (B) The registrar or a deputy registrar, in accordance with2266
section 3503.11 of the Revised Code, shall register as an elector2267
any person who applies for a driver's license or motorcycle2268
operator's license or endorsement under division (A) of this2269
section, or for a renewal or duplicate of the license or2270
endorsement, if the applicant is eligible and wishes to be2271
registered as an elector. The decision of an applicant whether to2272
register as an elector shall be given no consideration in the2273
decision of whether to issue the applicant a license or2274
endorsement, or a renewal or duplicate.2275

       (C) The registrar or a deputy registrar, in accordance with2276
section 3503.11 of the Revised Code, shall offer the opportunity2277
of completing a notice of change of residence or change of name to2278
any applicant for a driver's license or endorsement under division2279
(A) of this section, or for a renewal or duplicate of the license2280
or endorsement, if the applicant is a registered elector who has2281
changed the applicant's residence or name and has not filed such a2282
notice.2283

       Sec. 4507.231.  In addition to the fees collected under2284
section 4507.23 of the Revised Code, the registrar or deputy2285
registrar of motor vehicles shall ask each person applying for or 2286
renewing a driver's license, motorcycle operator's endorsement, or2287
duplicate whether the person wishes to make a one-dollar voluntary 2288
contribution to the second chance trust fund established under 2289
section 2108.152108.34 of the Revised Code. The registrar or 2290
deputy registrar shall also make available to the person 2291
informational material provided by the department of health on the2292
importance of organ, tissue, and eye donation. 2293

       All donations collected under this section during each month 2294
shall be forwarded by the registrar or deputy registrar not later 2295
than the fifth day of the immediately following month to the 2296
treasurer of state, who shall deposit them in the second chance 2297
trust fund.2298

       Sec. 4507.501.  In addition to the fees collected under2299
section 4507.50 of the Revised Code, the registrar or deputy2300
registrar of motor vehicles shall ask each applicant for an2301
identification card or duplicate under section 4507.51 of the2302
Revised Code whether the person wishes to make a one-dollar 2303
voluntary contribution to the second chance trust fund established 2304
under section 2108.152108.34 of the Revised Code. The registrar 2305
or deputy registrar shall also make available to the person 2306
informational material provided by the department of health on the2307
importance of organ, tissue, and eye donation.2308

       All donations collected under this section during each month 2309
shall be forwarded by the registrar or deputy registrar not later 2310
than the fifth day of the immediately following month to the 2311
treasurer of state, who shall deposit them in the second chance 2312
trust fund.2313

       Sec. 4507.51.  (A)(1) Every application for an identification 2314
card or duplicate shall be made on a form furnished by the 2315
registrar of motor vehicles, shall be signed by the applicant, and 2316
by the applicant's parent or guardian if the applicant is under 2317
eighteen years of age, and shall contain the following information 2318
pertaining to the applicant: name, date of birth, sex, general 2319
description including the applicant's height, weight, hair color, 2320
and eye color, address, and social security number. The2321
application also shall state whether an applicant wishes to2322
certify willingness to make an anatomical gift under section2323
2108.042108.05 of the Revised Code and shall include information 2324
about the requirements of that sectionsections 2108.01 to 2108.29 2325
of the Revised Code that apply to persons who are less than 2326
eighteen years of age. The statement regarding willingness to make 2327
such a donation shall be given no consideration in the decision of 2328
whether to issue an identification card. Each applicant shall be2329
photographed in color at the time of making application.2330

       (2) The application also shall state whether the applicant2331
has executed a valid durable power of attorney for health care2332
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has2333
executed a declaration governing the use or continuation, or the2334
withholding or withdrawal, of life-sustaining treatment pursuant2335
to sections 2133.01 to 2133.15 of the Revised Code and, if the2336
applicant has executed either type of instrument, whether the2337
applicant wishes the identification card issued to indicate that2338
the applicant has executed the instrument.2339

       (3) The registrar or deputy registrar, in accordance with2340
section 3503.11 of the Revised Code, shall register as an elector2341
any person who applies for an identification card or duplicate if2342
the applicant is eligible and wishes to be registered as an2343
elector. The decision of an applicant whether to register as an2344
elector shall be given no consideration in the decision of whether2345
to issue the applicant an identification card or duplicate.2346

       (B) The application for an identification card or duplicate2347
shall be filed in the office of the registrar or deputy registrar.2348
Each applicant shall present documentary evidence as required by2349
the registrar of the applicant's age and identity, and the 2350
applicant shall swear that all information given is true.2351

       All applications for an identification card or duplicate2352
shall be filed in duplicate, and if submitted to a deputy2353
registrar, a copy shall be forwarded to the registrar. The2354
registrar shall prescribe rules for the manner in which a deputy2355
registrar is to file and maintain applications and other records.2356
The registrar shall maintain a suitable, indexed record of all2357
applications denied and cards issued or canceled.2358

       Sec. 4508.021. (A) As used in this section:2359

       (1) "State agency" has the same meaning as in section 1.60 of 2360
the Revised Code.2361

       (2) "Electronic medium" means a video cassette tape, CD-ROM,2362
interactive videodisc, or other format used to convey information2363
to students through electronic means.2364

       (B) The classroom instruction required by division (C) of2365
section 4508.02 of the Revised Code shall include the2366
dissemination of information regarding anatomical gifts and2367
anatomical gift procedures or a presentation and discussion of2368
such gifts and procedures in accordance with this section. The2369
second chance trust fund advisory committee created under section2370
2108.172108.35 of the Revised Code shall approve any brochure, 2371
written material, or electronic medium used by a driver training 2372
school to provide information to students regarding anatomical 2373
gifts and anatomical gift procedures. However, the committee shall 2374
not approve any such brochure, written material, or electronic 2375
medium that contains religious content for use in a driver 2376
education course conducted by a school district or educational 2377
service center.2378

       (C)(1) If any brochure or other written material approved by2379
the committee under division (B) of this section is made available2380
to a driver training school at no cost, the instructor shall2381
provide such brochure or material to students.2382

       (2) If any electronic medium that is less than twenty minutes2383
in length and that is approved by the committee under division (B)2384
of this section is made available to a driver training school at2385
no cost, the instructor shall show the electronic medium to2386
students, provided that the school maintains operable viewing2387
equipment. If more than one such electronic medium is made2388
available to a school in accordance with this division, the2389
instructor shall select one electronic medium from among those2390
received by the school to show to students.2391

       (3) If no electronic medium is shown to students as specified 2392
in division (C)(2) of this section, the instructor shall organize 2393
a classroom presentation and discussion regarding anatomical gifts 2394
and anatomical gift procedures. The instructor may arrange for 2395
the presentation to be conducted by an employee of the department 2396
of health or any other state agency, an employee or volunteer of 2397
the second chance trust fund, an employee or volunteer of any2398
organization involved in the procurement of organ donations, an2399
organ donor, an organ recipient, an employee or volunteer of a 2400
tissue or eye bank, or a tissue or corneal transplant recipient, 2401
provided that no such person charges a fee to the school for the 2402
presentation. However, no such presentation that contains 2403
religious content shall be made to students of a driver education 2404
course conducted by a school district or educational service 2405
center. Students shall be granted the opportunity to ask questions 2406
on anatomical gifts and anatomical gift procedures during the 2407
presentation and discussion.2408

       Nothing in this section shall prohibit an instructor from2409
also organizing a classroom presentation and discussion regarding2410
anatomical gifts and anatomical gift procedures in accordance with2411
this division if the instructor shows an electronic medium to2412
students pursuant to division (C)(2) of this section.2413

       (D) No student shall be required to participate in any2414
instruction in anatomical gifts or anatomical gift procedures2415
conducted under this section upon written notification from the2416
student's parent or guardian, or the student if the student is2417
over eighteen years of age, that such instruction conflicts with2418
the religious convictions of the student or the student's parent2419
or guardian. If a student is excused from such instruction, the2420
instructor shall give the student an alternative assignment.2421

       Sec. 4717.17. A funeral director may designate in writing an 2422
eye bank, tissue bank, or both with which the funeral director 2423
will cooperate concerning retrieval of usable eyes and tissues 2424
that have been donated.2425

       An eye or tissue bank designated under this section has the 2426
property right specified in section 2108.02 of the Revised Code.2427

       A funeral director acting in good faith is not liable in 2428
damages for injury resulting from acting or attempting to act in 2429
accordance with the donor's declaration under section 2108.042430
sections 2108.01 to 2108.29 of the Revised Code ofregarding an 2431
anatomical gift.2432

       Section 2.  That existing sections 124.04, 313.13, 313.23, 2433
313.30, 1337.11, 2105.35, 2108.09, 2108.11, 2108.15, 2108.17, 2434
2108.18, 2108.19, 2108.20, 2108.21, 2108.30, 2108.78, 2108.99, 2435
2133.01, 2133.07, 2133.16, 2305.37, 2919.16, 3301.07, 4501.024, 2436
4503.721, 4506.07, 4506.081, 4506.11, 4507.06, 4507.231, 2437
4507.501, 4507.51, 4508.021, and 4717.17 and sections 2108.01, 2438
2108.02, 2108.021, 2108.03, 2108.04, 2108.05, 2108.06, 2108.07, 2439
2108.071, 2108.08, 2108.10, 2108.101, 2108.12, 2108.53, and 2440
2108.60 of the Revised Code are hereby repealed.2441

       Section 3.  Section 1337.11 of the Revised Code was amended 2442
by both Am. H.B. 72 and Am. Sub. H.B. 95 of the 125th General 2443
Assembly. Comparison of these amendments in pursuance of section 2444
1.52 of the Revised Code discloses that while certain of the 2445
amendments of these acts are reconcilable, certain other of the 2446
amendments are substantively irreconcilable. Am. H.B. 72 was 2447
passed on June 10, 2003; Am. Sub. H.B. 95 was passed on June 19, 2448
2003. Section 1337.11 of the Revised Code is therefore presented 2449
in this act as it results from Am. Sub. H.B. 95 and such of the 2450
amendments of Am. H.B. 72 as are not in conflict with the 2451
amendments of Am. Sub. H.B. 95. The General Assembly, applying the 2452
principle stated in division (B) of section 1.52 of the Revised 2453
Code that amendments are to be harmonized if reasonably capable of 2454
simultaneous operation, finds that the composite is the resulting 2455
version of the section in effect prior to the effective date of 2456
the section as presented in this act.2457