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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 354 |
REPRESENTATIVES TERWILLEGER-CORBIN-GARCIA-PRINGLE-THOMAS-VESPER-
TAYLOR-BRADING-OLMAN-SCHURING-VAN VYVEN-LEWIS-REID-SAWYER-
BENDER-OPFER-PRENTISS-VERICH-COLONNA-MEAD-MILLER-O'BRIEN-OGG-
SCHULER-WILSON-DAMSCHRODER-LAWRENCE-TAVARES-GRENDELL-PERZ-
SENATORS DRAKE-KEARNS-RAY
A BILL
To amend sections 1337.12, 2133.01, 2133.02, 2133.03, 2133.07,
2133.10, 2133.12, 2133.13, 2133.14, 2133.15, 3721.17, 4506.07, 4507.06, and
4507.51 and to enact sections 2133.21,
2133.211, and 2133.22 to 2133.26 of
the Revised Code and to amend Section 3 of Am. Sub. S.B. 1
of the 119th
General Assembly relative to "do not resuscitate"
identifications, orders, and protocols
and the award of punitive
damages for violation of the rights of a nursing home resident.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1337.12, 2133.01, 2133.02, 2133.03,
2133.07, 2133.10, 2133.12, 2133.13, 2133.14, 2133.15, 3721.17, 4506.07,
4507.06, and 4507.51 be amended and sections 2133.21, 2133.211,
2133.22, 2133.23, 2133.24, 2133.25, and 2133.26 of the Revised
Code be enacted to read as follows:
Sec. 1337.12. (A)(1) An adult who is of sound mind
voluntarily may create a valid durable power of attorney for
health care by executing a durable power of attorney, in
accordance with division (B) of section 1337.09 of the Revised
Code, that authorizes an attorney in fact as described in
division (A)(2) of this section to make health care decisions for
the principal at any time that the attending physician of the
principal determines that he THE PRINCIPAL has lost the capacity
to make
informed health care decisions for himself THE PRINCIPAL.
Except as
otherwise
provided in divisions (B) to (F) of section 1337.13 of the
Revised Code, the authorization may include the right to give
informed consent, to refuse to give informed consent, or to
withdraw informed consent, to any health care that is being or
could be provided to the principal. Additionally, to be valid, a
durable power of attorney for health care shall satisfy both of
the following:
(a) It shall be signed by the principal and state the date
of its execution.
(b) It shall be witnessed in accordance with division (B)
of this section or be acknowledged by the principal in accordance
with division (C) of this section.
(2) Except as otherwise provided in this division, a
durable power of attorney for health care may designate any
competent adult as the attorney in fact. The attending physician
of the principal and an administrator of any nursing home in
which the principal is receiving care shall not be designated as
an attorney in fact in, or act as an attorney in fact pursuant
to, a durable power of attorney for health care. An employee or
agent of the attending physician of the principal and an employee
or agent of any health care facility in which the principal is
being treated shall not be designated as an attorney in fact in,
or act as an attorney in fact pursuant to, a durable power of
attorney for health care, except that these limitations do not
preclude a principal from designating either type of employee or
agent as his THE PRINCIPAL'S attorney in fact if the individual
is a competent
adult and related to the principal by blood, marriage, or
adoption, or if the individual is a competent adult and the
principal and the individual are members of the same religious
order.
(3) A durable power of attorney for health care shall not
expire, unless the principal specifies an expiration date in the
instrument. However, when a durable power of attorney contains
an expiration date, if the principal lacks the capacity to make
informed health care decisions for himself THE PRINCIPAL on the
expiration
date, the instrument shall continue in effect until the principal
regains the capacity to make informed health care decisions for
himself THE PRINCIPAL.
(B) If witnessed for purposes of division (A)(1)(b) of
this section, a durable power of attorney for health care shall
be witnessed by at least two individuals who are adults and who
are not ineligible to be witnesses under this division. Any
person who is related to the principal by blood, marriage, or
adoption, any person who is designated as the attorney in fact in
the instrument, the attending physician of the principal, and the
administrator of any nursing home in which the principal is
receiving care are ineligible to be witnesses.
The witnessing of a durable power of attorney for health
care shall involve the principal signing, or acknowledging his
THE PRINCIPAL'S signature on, the instrument in the presence of each
witness. Then, each witness shall subscribe his THE
WITNESS'S signature on the durable
power of attorney for health care and, by doing so, attest to his
THE WITNESS'S belief that the principal appears to be of sound
mind and not under or subject to duress, fraud, or undue influence.
(C) If acknowledged for purposes of division (A)(1)(b) of
this section, a durable power of attorney for health care shall
be acknowledged before a notary public, who shall make the
certification described in section 147.53 of the Revised Code and
also shall attest that the principal appears to be of sound mind
and not under or subject to duress, fraud, or undue influence.
(D)(1) IF A PRINCIPAL HAS BOTH A VALID
DURABLE POWER OF ATTORNEY FOR HEALTH CARE AND A VALID
DECLARATION, DIVISION (B) OF SECTION 2133.03 OF THE
REVISED
CODE APPLIES. IF A PRINCIPAL
HAS BOTH A VALID DURABLE POWER OF ATTORNEY FOR HEALTH CARE AND
A DNR IDENTIFICATION THAT IS BASED UPON A
VALID DECLARATION AND IF THE DECLARATION SUPERSEDES THE DURABLE
POWER OF ATTORNEY FOR HEALTH CARE UNDER DIVISION
(B) OF SECTION 2133.03 OF THE
REVISED
CODE, THE
DNR IDENTIFICATION SUPERSEDES
THE DURABLE POWER OF ATTORNEY FOR HEALTH CARE TO THE EXTENT OF
ANY CONFLICT BETWEEN THE TWO. A VALID DURABLE POWER OF ATTORNEY FOR
HEALTH CARE SUPERSEDES ANY DNR
IDENTIFICATION THAT IS BASED UPON A DO-NOT-RESUSCITATE ORDER
THAT A PHYSICIAN ISSUED FOR THE PRINCIPAL
WHICH IS INCONSISTENT WITH THE DURABLE POWER OF ATTORNEY FOR HEALTH
CARE OR A VALID DECISION BY THE ATTORNEY IN FACT UNDER A DURABLE POWER OF
ATTORNEY.
(2) AS USED IN DIVISION (D) OF THIS SECTION:
(a) "DECLARATION" HAS THE SAME MEANING AS IN SECTION 2133.01
of the Revised Code.
(b) "DO-NOT-RESUSCITATE ORDER" AND "DNR IDENTIFICATION"
HAVE THE SAME MEANINGS AS IN SECTION 2133.21 of the Revised Code.
Sec. 2133.01. Unless the context otherwise requires, as
used in this chapter SECTIONS 2133.01 TO 2133.15 of the Revised Code:
(A) "Adult" means an individual who is eighteen years of
age or older.
(B) "Attending physician" means the physician to whom a declarant or other
patient, or the family of a declarant or other patient, has assigned primary
responsibility for the treatment or care of the declarant or other patient,
or, if the responsibility has not been assigned, the physician who has
accepted that responsibility.
(C) "Comfort care" means any of the following:
(1) Nutrition when administered to diminish the pain or
discomfort of a declarant or other patient, but not to postpone
THE DECLARANT'S OR OTHER PATIENT'S death;
(2) Hydration when administered to diminish the pain or
discomfort of a declarant or other patient, but not to postpone
THE DECLARANT'S OR OTHER PATIENT'S death;
(3) Any other medical or nursing procedure, treatment,
intervention, or other measure that is taken to diminish the pain
or discomfort of a declarant or other patient, but not to postpone
THE DECLARANT'S OR OTHER PATIENT'S death.
(D) "Consulting physician" means a physician who, in
conjunction with the attending physician of a declarant or other
patient, makes one or more determinations that are required to be
made by the attending physician, or to be made by the attending
physician and one other physician, by an applicable provision of
this chapter, to a reasonable degree of medical certainty and in
accordance with reasonable medical standards.
(E) "Declarant" means any adult who has executed a
declaration in accordance with section 2133.02 of the Revised
Code.
(F) "Declaration" means a written document executed in
accordance with section 2133.02 of the Revised Code.
(G) "Durable power of attorney for health care" means a
document created pursuant to sections 1337.11 to 1337.17 of the
Revised Code.
(H) "Guardian" means a person appointed by a probate court
pursuant to Chapter 2111. of the Revised Code to have the care
and management of the person of an incompetent.
(I) "Health care facility" means any of the following:
(1) A hospital;
(2) A hospice care program or other institution that
specializes in comfort care of patients in a terminal condition
or in a permanently unconscious state;
(3) A nursing home OR RESIDENTIAL CARE FACILITY, AS DEFINED IN SECTION
3721.01 of the Revised Code;
(4) A home health agency AND ANY RESIDENTIAL FACILITY WHERE A PERSON IS
RECEIVING CARE UNDER THE DIRECTION OF A HOME HEALTH AGENCY;
(5) An intermediate care facility for the mentally
retarded.
(J) "Health care personnel" means physicians, nurses,
physician assistants,
emergency medical technicians-basic, emergency medical
technicians-intermediate, emergency medical technicians-paramedic, medical
technicians, dietitians, other authorized persons acting under the direction
of an attending physician, and administrators of health care facilities.
(K) "Home health agency" has the same meaning as in
section 3701.88 of the Revised Code.
(L) "Hospice care program" has the same meaning as in
section 3712.01 of the Revised Code.
(M) "Hospital" has the same meanings as in sections
2108.01, 3701.01, and 5122.01 of the Revised Code.
(N) "Hydration" means fluids that are artificially or
technologically administered.
(O) "Incompetent" has the same meaning as in section
2111.01 of the Revised Code.
(P) "Intermediate care facility for the mentally retarded"
has the same meaning as in section 5111.20 of the Revised Code.
(Q) "Life-sustaining treatment" means any medical
procedure, treatment, intervention, or other measure that, when
administered to a qualified patient or other patient, will serve
principally to prolong the process of dying.
(R) "Nurse" means a person who is licensed to practice
nursing as a registered nurse or to practice practical nursing as
a licensed practical nurse pursuant to Chapter 4723. of the
Revised Code.
(S) "Nursing home" has the same meaning as in section
3721.01 of the Revised Code.
(T) "Nutrition" means sustenance that is artificially or
technologically administered.
(U) "Permanently unconscious state" means a state of
permanent unconsciousness in a declarant or other patient that,
to a reasonable degree of medical certainty as determined in
accordance with reasonable medical standards by the declarant's
or other patient's attending physician and one other physician
who has examined the declarant or other patient, is characterized
by both of the following:
(1) Irreversible unawareness of one's being and environment.
(2) Total loss of cerebral cortical functioning, resulting in the declarant
or other patient having no capacity to experience pain or suffering.
(V) "Person" has the same meaning as in section 1.59 of
the Revised Code and additionally includes political subdivisions
and governmental agencies, boards, commissions, departments,
institutions, offices, and other instrumentalities.
(W) "Physician" means a person who is authorized under
Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery.
(X) "Political subdivision" and "state" have the same
meanings as in section 2744.01 of the Revised Code.
(Y) "Professional disciplinary action" means action taken
by the board or other entity that regulates the professional
conduct of health care personnel, including the state medical
board and the board of nursing.
(Z) "Qualified patient" means an adult who has executed a
declaration and has been determined to be in a terminal condition
or in a permanently unconscious state.
(AA) "Terminal condition" means an irreversible,
incurable, and untreatable condition caused by disease, illness,
or injury from which, to a reasonable degree of medical certainty
as determined in accordance with reasonable medical standards by
a declarant's or other patient's attending physician and one
other physician who has examined the declarant or other patient,
both of the following apply:
(1) There can be no recovery.
(2) Death is likely to occur within a relatively short
time if life-sustaining treatment is not administered.
(BB) "Tort action" means a civil action for damages for
injury, death, or loss to person or property, other than a civil
action for damages for breach of a contract or another agreement
between persons.
Sec. 2133.02. (A)(1) An adult who is of sound mind
voluntarily may execute at any time a declaration governing the
use or continuation, or the withholding or withdrawal, of
life-sustaining treatment. The declaration shall be signed by
the declarant or by another individual at the direction of the
declarant, state the date of its execution, and either be
witnessed as described in division (B)(1) of this section or be
acknowledged by the declarant in accordance with division (B)(2)
of this section. The declaration may include a designation by
the declarant of one or more persons who are to be notified by
the declarant's attending physician at any time that
life-sustaining treatment would be withheld or withdrawn pursuant
to the declaration. THE DECLARATION MAY INCLUDE A SPECIFIC AUTHORIZATION
FOR THE USE OR CONTINUATION OR THE WITHHOLDING OR WITHDRAWAL OF
CPR, BUT THE
FAILURE TO INCLUDE A SPECIFIC AUTHORIZATION FOR THE WITHHOLDING OR WITHDRAWAL
OF CPR DOES NOT PRECLUDE THE WITHHOLDING OR WITHDRAWAL OF
CPR IN ACCORDANCE WITH SECTIONS 2133.01 TO 2133.15
OR SECTIONS 2133.21 TO 2133.26 of the Revised Code.
(2) Depending upon whether the declarant intends his THE
declaration to apply when he THE DECLARANT is in a terminal
condition, in a
permanently unconscious state, or in either a terminal condition
or a permanently unconscious state, his THE DECLARANT'S
declaration shall use
either or both of the terms "terminal condition" and "permanently
unconscious state," and shall define or otherwise explain those
terms in capital letters and in a manner that is substantially
consistent with the provisions of section 2133.01 of the Revised
Code.
(3)(a) If a declarant who has authorized the withholding
or withdrawal of life-sustaining treatment intends that his THE
DECLARANT'S attending physician withhold or withdraw nutrition or
hydration
when he THE DECLARANT is in a permanently unconscious state and
when the nutrition and hydration will not or no longer will serve to
provide comfort to him THE DECLARANT or alleviate his
THE DECLARANT'S pain, then the declarant shall authorize his
THE DECLARANT'S attending physician to withhold or withdraw
nutrition or hydration when he THE DECLARANT is in the
permanently unconscious
state by doing both of the following in the declaration:
(i) Including a statement in capital letters that his THE
DECLARANT'S attending physician may withhold or withdraw nutrition and
hydration if he THE DECLARANT is in a permanently unconscious
state and if his THE DECLARANT'S attending physician and at
least one other physician who has
examined him THE DECLARANT determine, to a reasonable degree of
medical
certainty and in accordance with reasonable medical standards,
that nutrition or hydration will not or no longer will serve to
provide comfort to him THE DECLARANT or alleviate his
THE DECLARANT'S pain, or checking or
otherwise marking a box or line that is adjacent to a similar
statement on a printed form of a declaration;
(ii) Placing his THE DECLARANT'S initials or signature
underneath or
adjacent to the statement, check, or other mark described in
division (A)(3)(a)(i) of this section.
(b) Division (A)(3)(a) of this section does not apply, and
shall not be construed as applying, to the extent that a
declaration authorizes the withholding or withdrawal of
life-sustaining treatment when a declarant is in a terminal
condition. The provisions of division (E) of section 2133.12 of
the Revised Code pertaining to comfort care shall apply to a
declarant in a terminal condition.
(B)(1) If witnessed for purposes of division (A) of this
section, a declaration shall be witnessed by two individuals as
described in this division in whose presence the declarant, or
another individual at the direction of the declarant, signed the
declaration. The witnesses to a declaration shall be adults who
are not related to the declarant by blood, marriage, or adoption,
who are not the attending physician of the declarant, and who are
not the administrator of any nursing home in which the declarant
is receiving care. Each witness shall subscribe his THE
WITNESS' signature on
the declaration and, by doing so, attest to his THE
WITNESS' belief that the
declarant appears to be of sound mind and not under or subject to duress,
fraud, or undue influence.
(2) If acknowledged for purposes of division (A) of this
section, a declaration shall be acknowledged before a notary
public, who shall make the certification described in section
147.53 of the Revised Code and also shall attest that the
declarant appears to be of sound mind and not under or subject to
duress, fraud, or undue influence.
(C) An attending physician, or other health care personnel
acting under the direction of an attending physician, who is
furnished a copy of a declaration shall make it a part of the
declarant's medical record and, when section 2133.05 of the
Revised Code is applicable, also shall comply with that section.
(D)(1) Subject to division (D)(2) of this section, an
attending physician of a declarant or a health care facility in
which a declarant is confined may refuse to comply or allow
compliance with the declarant's declaration on the basis of a
matter of conscience or on another basis. An employee or agent
of an attending physician of a declarant or of a health care
facility in which a declarant is confined may refuse to comply
with the declarant's declaration on the basis of a matter of
conscience.
(2) If an attending physician of a declarant or a health
care facility in which a declarant is confined is not willing or
not able to comply or allow compliance with the declarant's
declaration, the physician or facility promptly shall so advise
the declarant and comply with the provisions of section 2133.10
of the Revised Code, or, if the declaration has become operative
as described in division (A) of section 2133.03 of the Revised
Code, shall comply with the provisions of section 2133.10 of the
Revised Code.
(E) AS USED IN THIS SECTION, "CPR" HAS THE
SAME MEANING AS IN SECTION 2133.21 of the Revised Code.
Sec. 2133.03. (A)(1) A declaration becomes operative when
it is communicated to the attending physician of the declarant,
the attending physician and one other physician who examines the
declarant determine that the declarant is in a terminal condition
or in a permanently unconscious state, whichever is addressed in
the declaration, the applicable requirements of divisions (A)(2)
and (3) of this section are satisfied, and the attending
physician determines that the declarant no longer is able to make
informed decisions regarding the administration of
life-sustaining treatment. When the declaration becomes
operative, the attending physician and health care facilities
shall act in accordance with its provisions or comply with the
provisions of section 2133.10 of the Revised Code.
(2) In order for a declaration to become operative in
connection with a declarant who is in a permanently unconscious
state, the consulting physician associated with the determination
that the declarant is in the permanently unconscious state shall
be a physician who, by virtue of advanced education or training,
of a practice limited to particular diseases, illnesses,
injuries, therapies, or branches of medicine or surgery or
osteopathic medicine and surgery, of certification as a
specialist in a particular branch of medicine or surgery or
osteopathic medicine and surgery, or of experience acquired in
the practice of medicine or surgery or osteopathic medicine and
surgery, is qualified to determine whether the declarant is in a
permanently unconscious state.
(3) In order for a declaration to become operative in
connection with a declarant who is in a terminal condition or in
a permanently unconscious state, the attending physician of the
declarant shall determine, in good faith, to a reasonable degree
of medical certainty, and in accordance with reasonable medical
standards, that there is no reasonable possibility that the
declarant will regain the capacity to make informed decisions
regarding the administration of life-sustaining treatment.
(B)(1)(a) A declaration supersedes any general consent to
treatment form signed by or on behalf of the declarant prior to,
upon, or after his THE DECLARANT'S admission to a health care
facility to the
extent there is a conflict between the declaration and the form,
even if the form is signed after the execution of the
declaration. To the extent that the provisions of a declaration
and a general consent to treatment form do not conflict, both
documents shall govern the use or continuation, or the
withholding or withdrawal, of life-sustaining treatment and other
medical or nursing procedures, treatments, interventions, or
other measures in connection with the declarant. This division
DIVISION (B)(1)(a) OF THIS SECTION does not
apply if a declaration is revoked pursuant to section
2133.04 of the Revised Code after the signing of a general
consent to treatment form.
(b) A DECLARATION SUPERSEDES A DNR IDENTIFICATION, AS
DEFINED IN
SECTION 2133.21 of the Revised Code, OF THE DECLARANT THAT IS BASED UPON A PRIOR,
INCONSISTENT
DECLARATION OF THE DECLARANT OR THAT IS BASED UPON A DO-NOT-RESUSCITATE ORDER,
AS DEFINED IN SECTION 2133.21 of the Revised Code, THAT A PHYSICIAN HAS ISSUED FOR THE
DECLARANT AND THAT IS INCONSISTENT
WITH THE DECLARATION.
(2) If a declarant has both a valid durable power of
attorney for health care and a valid declaration, the declaration
supersedes the durable power of attorney for health care to the
extent that the provisions of the documents would conflict if the
declarant should be in a terminal condition or in a permanently
unconscious state. This division DIVISION (B)(2) OF THIS
SECTION does not apply if the declarant
revokes his THE declaration pursuant to section 2133.04 of the
Revised Code.
Sec. 2133.07. A printed form of a declaration may be sold
or otherwise distributed in this state for use by adults who are
not advised by an attorney. By use of such a printed form OF THAT
NATURE, a
declarant may authorize the use or continuation, or the
withholding or withdrawal, of life-sustaining treatment should he
THE DECLARANT
be in a terminal condition, a permanently unconscious state, or
either a terminal condition or a permanently unconscious state,
may authorize the withholding or withdrawal of nutrition or
hydration should he THE DECLARANT be in a permanently
unconscious state as
described in division (A)(3)(a) of section 2133.02 of the Revised
Code, and may designate one or more persons who are to be
notified by his THE DECLARANT'S attending physician at any time
that
life-sustaining treatment would be withheld or withdrawn pursuant
to the declaration. The printed form shall not be used as an
instrument for granting any other type of authority or for making
any other type of designation, EXCEPT THAT THE PRINTED FORM MAY BE
USED AS A DNR IDENTIFICATION IF THE DECLARANT SPECIFIES ON THE FORM
THAT THE DECLARANT WISHES TO USE IT AS A DNR IDENTIFICATION.
AS USED IN THIS SECTION, "DNR IDENTIFICATION" HAS THE SAME MEANING
AS IN SECTION 2133.21 of the Revised Code.
Sec. 2133.10. (A) An attending physician who, or a health
care facility in which a qualified patient or other patient is
confined that, is not willing or IS not able to comply or allow
compliance with a declaration of a qualified patient, with a
consent given in accordance with section 2133.08 or 2133.09 of
the Revised Code, with any probate court order issued pursuant to
section 2133.05, 2133.08, or 2133.09 of the Revised Code, or with
any other applicable provision of this chapter SECTIONS 2133.01 TO
2133.15 of the Revised Code shall not prevent
or attempt to prevent, or unreasonably delay or attempt to
unreasonably delay, the transfer of the qualified patient or
other patient to the care of a physician who, or a health care
facility that, is willing and able to so comply or allow
compliance.
(B) If a declaration provides for the use or continuation
of life-sustaining treatment should its declarant subsequently be
in a terminal condition or in a permanently unconscious state, if
a consent decision of a priority individual or class of
individuals under section 2133.08 of the Revised Code is to use
or continue life-sustaining treatment in connection with a
patient described in that section, or if a probate court issues a
reevaluation order pursuant to section 2133.05 or 2133.08 of the
Revised Code that is intended to result in the use or
continuation of life-sustaining treatment in connection with a
qualified patient or other patient, then the attending physician
of the qualified patient or other patient who, or health care
facility in which the qualified patient or other patient is
confined that, is not willing or IS not able to comply or allow
compliance with the declaration, consent decision, or
reevaluation order shall use or continue the life-sustaining
treatment or cause it to be used or continued until a transfer as
described in division (A) of this section is made.
Sec. 2133.12. (A) The death of a qualified patient or
other patient resulting from the withholding or withdrawal of
life-sustaining treatment in accordance with this chapter SECTIONS
2133.01 TO 2133.15 of the Revised Code does not constitute FOR ANY PURPOSE a
suicide, aggravated murder, murder, or any other
homicide offense for any purpose.
(B)(1) The execution of a declaration shall not do either
of the following:
(a) Affect the sale, procurement, issuance, or renewal of
any policy of life insurance or annuity, notwithstanding any term
of a policy or annuity to the contrary;
(b) Be deemed to modify or invalidate the terms of any
policy of life insurance or annuity that is in effect on October
10, 1991.
(2) Notwithstanding any term of a policy of life insurance
or annuity to the contrary, the withholding or withdrawal of
life-sustaining treatment from an insured, qualified patient or
other patient in accordance with this chapter SECTIONS 2133.01 TO
2133.15 of the Revised Code shall not impair or
invalidate any policy of life insurance or annuity.
(3) Notwithstanding any term of a policy or plan to the
contrary, the use or continuation, or the withholding or
withdrawal, of life-sustaining treatment from an insured,
qualified patient or other patient in accordance with this
chapter SECTIONS 2133.01 TO 2133.15 of the Revised Code shall not impair or
invalidate any policy of health
insurance or any health care benefit plan.
(4) No physician, health care facility, other health care
provider, person authorized to engage in the business of
insurance in this state under Title XXXIX of the Revised Code,
health insuring corporation,
other health care plan, legal entity
that is self-insured and provides benefits to its employees or
members, or other person shall require any individual to execute
or refrain from executing a declaration, or shall require an
individual to revoke or refrain from revoking a declaration, as a
condition of being insured or of receiving health care benefits
or services.
(C)(1) This chapter does SECTIONS 2133.01 TO 2133.15 of the Revised Code DO
not create any presumption
concerning the intention of an individual who has revoked or has
not executed a declaration with respect to the use or
continuation, or the withholding or withdrawal, of
life-sustaining treatment if the individual should be in a
terminal condition
or in a permanently unconscious state at any time.
(2) This chapter does SECTIONS 2133.01 TO 2133.15 of the Revised Code DO not
affect the right of a qualified
patient or other patient to make informed decisions regarding the
use or continuation, or the withholding or withdrawal, of
life-sustaining treatment as long as the qualified patient or
other patient is able to make those decisions.
(3) This chapter does SECTIONS 2133.01 TO 2133.15 of the Revised Code DO not
require a physician, other
health care personnel, or a health care facility to take action
that is contrary to reasonable medical standards.
(4) This chapter SECTIONS 2133.01 TO 2133.15 of the Revised Code and, if
applicable, a declaration do not
affect or limit the authority of a physician or a health care
facility to provide or not to provide life-sustaining treatment
to a person in accordance with reasonable medical standards
applicable in an emergency situation.
(D) Nothing in this chapter SECTIONS 2133.01 TO 2133.15 of the Revised Code
condones, authorizes, or
approves of mercy killing, assisted suicide, or euthanasia.
(E)(1) This chapter does SECTIONS 2133.01 TO 2133.15 of the Revised Code DO
not affect the responsibility of
the attending physician of a qualified patient or other patient,
or other health care personnel acting under the direction of the
patient's attending physician, to provide comfort care to the
patient. Nothing in this chapter SECTIONS 2133.01 TO 2133.15
of the Revised Code precludes the attending
physician of a qualified patient or other patient who carries out
the responsibility to provide comfort care to the patient in good
faith and while acting within the scope of the attending
physician's authority from
prescribing, dispensing, administering, or causing to be
administered any particular medical procedure, treatment,
intervention, or other measure to the patient, including, but not
limited to, prescribing, dispensing, administering, or causing to
be administered by judicious titration or in another manner any
form of medication, for the purpose of diminishing the qualified patient's or
other patient's pain or discomfort and not for the purpose of postponing or
causing the qualified patient's or other patient's death, even though the
medical
procedure, treatment,
intervention, or other measure may appear to hasten or increase
the risk of the patient's death. Nothing in this chapter SECTIONS
2133.01 TO 2133.15 of the Revised Code precludes health care personnel acting under the
direction of the
patient's attending physician who carry out the responsibility to
provide comfort care to the patient in good faith and while
acting within the scope of their authority from dispensing,
administering, or causing to be administered any particular
medical procedure, treatment, intervention, or other measure to
the patient, including, but not limited to, dispensing,
administering, or causing to be administered by judicious
titration or in another manner any form of medication, for the
purpose of diminishing the qualified patient's or other patient's pain or
discomfort and
not for the
purpose of postponing or causing the qualified patient's or other patient's
death, even
though the medical procedure, treatment, intervention, or other measure may
appear to hasten or increase the risk of the patient's death.
(2)(a) If, at any time, a person described in division
(A)(2)(a)(i) of section 2133.05 of the Revised Code or the
individual or a majority of the individuals in either of the
first two classes of individuals that pertain to a declarant in
the descending order of priority set forth in division
(A)(2)(a)(ii) of section 2133.05 of the Revised Code believes in
good faith that both of the following circumstances apply, the
person or the individual or majority of individuals in either of
the first two classes of individuals may commence an action in
the probate court of the county in which a declarant who is in a
terminal condition or permanently unconscious state is located
for the issuance of an order mandating the use or continuation of
comfort care in connection with the declarant in a manner that is
consistent with division (E)(1) of this section:
(i) Comfort care is not being used or continued in
connection with the declarant.
(ii) The withholding or withdrawal of the comfort care is
contrary to division (E)(1) of this section.
(b) If a declarant did not designate in the declarant's
declaration a
person as described in division (A)(2)(a)(i) of section 2133.05
of the Revised Code and if, at any time, a priority individual or
any member of a priority class of individuals under division
(A)(2)(a)(ii) of section 2133.05 of the Revised Code or, at any
time, the individual or a majority of the individuals in the next
class of individuals that pertains to the declarant in the
descending order of priority set forth in that division believes
in good faith that both of the following circumstances apply, the
priority individual, the member of the priority class of
individuals, or the individual or majority of individuals in the
next class of individuals that pertains to the declarant may
commence an action in the probate court of the county in which a
declarant who is in a terminal condition or permanently
unconscious state is located for the issuance of an order
mandating the use or continuation of comfort care in connection
with the declarant in a manner that is consistent with division
(E)(1) of this section:
(i) Comfort care is not being used or continued in
connection with the declarant.
(ii) The withholding or withdrawal of the comfort care is
contrary to division (E)(1) of this section.
(c) If, at any time, a priority individual or any member
of a priority class of individuals under division (B) of section
2133.08 of the Revised Code or, at any time, the individual or a
majority of the individuals in the next class of individuals that
pertains to the patient in the descending order of priority set
forth in that division believes in good faith that both of the
following circumstances apply, the priority individual, the
member of the priority class of individuals, or the individual or
majority of individuals in the next class of individuals that
pertains to the patient may commence an action in the probate
court of the county in which a patient as described in division
(A) of section 2133.08 of the Revised Code is located for the
issuance of an order mandating the use or continuation of comfort
care in connection with the patient in a manner that is
consistent with division (E)(1) of this section:
(i) Comfort care is not being used or continued in
connection with the patient.
(ii) The withholding or withdrawal of the comfort care is
contrary to division (E)(1) of this section.
Sec. 2133.13. In the absence of actual knowledge to the contrary and if
acting in good faith, an attending or consulting physician, other health care
personnel, and health care facilities may assume that a declaration complies
with this chapter SECTIONS 2133.01 TO 2133.15 of the Revised Code and is valid.
Sec. 2133.14. A declaration executed under the law of another state in
compliance with that law or in substantial compliance with this chapter
SECTIONS 2133.01 TO 2133.15 of the Revised Code shall be considered to be valid for
purposes of this chapter SECTIONS 2133.01 TO 2133.15 of the Revised Code.
Sec. 2133.15. (A) This chapter shall SECTIONS 2133.01 TO 2133.15
of the Revised Code apply to any written
document that was executed anywhere prior to the effective date
of this section OCTOBER 10, 1991, that voluntarily was
so
executed by an adult who was of sound mind, that was signed by
the adult or by another individual at the direction of the adult,
that was or was not witnessed or acknowledged before a notary
public as described in division (B) of section 2133.02 of the
Revised Code, and that specifies the adult's intention with
respect to the use or continuation, or the withholding or
withdrawal, of life-sustaining treatment if he THE ADULT is at
any time in
a terminal condition, in a permanently unconscious state, or in
either a terminal condition or a permanently unconscious state,
if he THE ADULT is at that time no longer able to make informed
decisions
regarding the administration of life-sustaining treatment, and if
at that time there is no reasonable possibility that he THE
ADULT will
regain the capacity to make those informed decisions. The
document shall be considered to be a declaration, shall be given
effect as if it had been executed on or after the effective date
of this section OCTOBER 10, 1991, in accordance with
this chapter SECTIONS 2133.01 TO 2133.15 of the Revised Code, and, except as
otherwise provided in division (B) of
this section, shall be subject to all provisions of this chapter
SECTIONS 2133.01 TO 2133.15 of the Revised Code pertaining to declarations.
(B)(1) If a declaration as described in division (A) of
this section does not state that, or does not contain a checked
or marked box or line adjacent to a statement indicating that,
the declarant authorizes his THE DECLARANT'S attending physician
to withhold or
withdraw nutrition or hydration when he THE DECLARANT is in a
permanently unconscious state and when his THE DECLARANT'S
attending physician and at least
one other physician who has examined him THE DECLARANT
determine, to a
reasonable degree of medical certainty and in accordance with
reasonable medical standards, that nutrition or hydration will
not or no longer will serve to provide comfort to him THE
DECLARANT or alleviate his THE DECLARANT'S pain, then, if
the declaration becomes operative
under section 2133.03 of the Revised Code because the declarant
is in a permanently unconscious state, the attending physician of
the declarant shall apply to the probate court of the county in
which the declarant is located for the issuance of an order
whether or not the attending physician is required to provide the
declarant with nutrition and hydration for as long as the
declarant is in the permanently unconscious state. Upon the
filing of the application, the clerk of the probate court shall
schedule a hearing on it and cause a copy of it and a notice of
the hearing to be served in accordance with the Rules of Civil
Procedure upon the attending physician and the individuals
described in divisions (B)(1) to (5) of section 2133.08 of the
Revised Code, which service shall be made, if possible, within
three days after the filing of the application. The hearing
shall be conducted at the earliest possible time, but no sooner
than the thirtieth business day, and no later than the sixtieth
business day, after such THAT service has been completed.
(2) At the hearing, the attending physician and any
individual described in divisions (B)(1) to (5) of section
2133.08 of the Revised Code shall be permitted to testify and
present evidence relative to the use or continuation, or the
withholding or withdrawal, of nutrition and hydration for as long
as the declarant is in the permanently unconscious state.
Immediately following the hearing, the court shall enter on its
journal its determination, based on the evidence presented by all
of the parties at the hearing on the application and subject to
division (B)(3) of this section, whether or not the attending
physician is required to provide the declarant with nutrition and
hydration for as long as he THE DECLARANT is in the permanently
unconscious state.
(3) The court shall issue an order that authorizes the
declarant's attending physician to commence the withholding or
withdrawal of nutrition and hydration in connection with the
delarant DECLARANT only if the applicant establishes, by clear
and convincing evidence, that the order would be consistent with
one of the following:
(a) The declarant's previously expressed intention with
respect to the use or continuation, or the withholding or
withdrawal, of nutrition and hydration should he THE DECLARANT
subsequently be
in a permanently unconscious state and no longer able to make
informed decisions regarding the administration of nutrition and
hydration;
(b) In the absence of such a previously expressed
intention OF THAT NATURE, the type of informed consent decision that
the
declarant would have made if he THE DECLARANT had expressed
his THE DECLARANT'S intention with
respect to the use or continuation, or the withholding or
withdrawal, of nutrition and hydration should he THE DECLARANT
subsequently be
in a permanently unconscious state and no longer able to make
informed decisions regarding the administration of nutrition and
hydration, as inferred from the lifestyle and character of the
declarant, and from any other evidence of the declarant's
desires, prior to his THE DECLARANT becoming no longer able to
make informed
decisions regarding the administration of nutrition and
hydration. The Rules of Evidence shall not be binding for
purposes of this division.
(4) Notwithstanding any contrary provision of the Revised
Code or of the Rules of Civil Procedure, the state and persons
other than individuals described in divisions (B)(1) to (5) of
section 2133.08 of the Revised Code and other than the attending
physician of the declarant are prohibited from filing an
application under this division (B) OF THIS SECTION and
from joining or being joined
as parties to a hearing conducted under this division (B)
OF THIS SECTION, including joining by way of intervention.
Sec. 2133.21. AS USED IN SECTIONS 2133.21 TO 2133.26 OF
THE REVISED
CODE, UNLESS THE CONTEXT
CLEARLY REQUIRES OTHERWISE:
(A) "ATTENDING
PHYSICIAN" MEANS THE PHYSICIAN TO WHOM A PERSON, OR THE FAMILY
OF A PERSON, HAS ASSIGNED PRIMARY RESPONSIBILITY FOR THE
TREATMENT OR CARE OF THE PERSON OR, IF THE PERSON OR THE
PERSON'S FAMILY HAS NOT ASSIGNED THAT RESPONSIBILITY, THE
PHYSICIAN WHO HAS ACCEPTED THAT RESPONSIBILITY.
(B) "DECLARATION," "HEALTH CARE FACILITY," "LIFE-SUSTAINING
TREATMENT," "PHYSICIAN," "PROFESSIONAL DISCIPLINARY ACTION," AND "TORT ACTION"
HAVE THE SAME MEANINGS AS IN SECTION 2133.01 of the Revised Code.
(C) "DNR IDENTIFICATION" MEANS A
STANDARDIZED IDENTIFICATION CARD, FORM, NECKLACE, OR BRACELET THAT IS OF
UNIFORM SIZE AND DESIGN, THAT HAS BEEN APPROVED BY THE
DEPARTMENT OF HEALTH PURSUANT TO SECTION 2133.25 OF THE
REVISED
CODE, AND THAT SIGNIFIES EITHER
OF THE FOLLOWING:
(1) THAT THE PERSON WHO IS NAMED ON AND POSSESSES THE CARD, FORM,
NECKLACE, OR BRACELET HAS EXECUTED A DECLARATION
THAT AUTHORIZES THE
WITHHOLDING OR WITHDRAWAL OF CPR AND THAT HAS NOT BEEN
REVOKED PURSUANT TO SECTION 2133.04 OF THE REVISED CODE;
(2) THAT THE ATTENDING PHYSICIAN OF THE PERSON WHO IS NAMED ON AND
POSSESSES THE CARD, FORM, NECKLACE, OR BRACELET HAS ISSUED A CURRENT
DO-NOT-RESUSCITATE ORDER, IN ACCORDANCE WITH THE DO-NOT-RESUSCITATE PROTOCOL
ADOPTED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION 2133.25 of the Revised Code, FOR
THAT PERSON AND HAS DOCUMENTED THE
GROUNDS FOR THE ORDER IN THAT PERSON'S MEDICAL RECORD.
(D) "DO-NOT-RESUSCITATE ORDER" MEANS A DIRECTIVE ISSUED BY A
PHYSICIAN THAT IDENTIFIES A
PERSON AND SPECIFIES THAT CPR SHOULD NOT
BE ADMINISTERED TO THE PERSON SO IDENTIFIED.
(E) "DO-NOT-RESUSCITATE
PROTOCOL" MEANS THE STANDARDIZED METHOD OF PROCEDURE FOR THE
WITHHOLDING OF CPR BY PHYSICIANS, EMERGENCY MEDICAL SERVICE
PERSONNEL, AND HEALTH CARE FACILITIES THAT IS
ADOPTED IN THE RULES
OF THE DEPARTMENT OF HEALTH PURSUANT TO SECTION 2133.25 OF THE
REVISED CODE.
(F) "EMERGENCY MEDICAL
SERVICES PERSONNEL" MEANS PAID OR VOLUNTEER FIREFIGHTERS, LAW
ENFORCEMENT OFFICERS, FIRST RESPONDERS, EMERGENCY MEDICAL
TECHNICIANS-BASIC, EMERGENCY MEDICAL
TECHNICIANS-INTERMEDIATE, EMERGENCY MEDICAL TECHNICIANS-PARAMEDIC,
MEDICAL TECHNICIANS, OR OTHER EMERGENCY SERVICES PERSONNEL
ACTING WITHIN THE ORDINARY COURSE OF THEIR PROFESSION.
(G) "CPR" MEANS CARDIOPULMONARY RESUSCITATION OR A
COMPONENT OF CARDIOPULMONARY RESUSCITATION, BUT IT DOES NOT INCLUDE CLEARING A
PERSON'S AIRWAY FOR A PURPOSE OTHER THAN AS A COMPONENT OF CPR.
Sec. 2133.211. A PERSON WHO HOLDS A CERTIFICATE OF AUTHORITY TO PRACTICE
AS A CERTIFIED NURSE PRACTITIONER OR CLINICAL NURSE SPECIALIST ISSUED UNDER
SECTION 4723.42 OF THE REVISED CODE MAY TAKE ANY
ACTION THAT MAY BE TAKEN BY AN ATTENDING PHYSICIAN UNDER SECTIONS 2133.21 TO
2133.26 OF THE REVISED CODE AND HAS THE IMMUNITY PROVIDED BY
SECTION 2133.22 OF THE REVISED CODE IF THE ACTION IS TAKEN
PURSUANT TO A STANDARD CARE ARRANGEMENT WITH A COLLABORATING PHYSICIAN.
Sec. 2133.22. (A)(1) NONE OF THE FOLLOWING ARE SUBJECT TO
CRIMINAL PROSECUTION,
TO LIABILITY IN DAMAGES IN A TORT OR OTHER CIVIL ACTION FOR
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY, OR TO PROFESSIONAL
DISCIPLINARY ACTION ARISING OUT OF OR RELATING TO THE
WITHHOLDING OR WITHDRAWAL OF CPR FROM A PERSON AFTER
DNR IDENTIFICATION IS
DISCOVERED IN THE PERSON'S POSSESSION
AND REASONABLE EFFORTS HAVE BEEN MADE TO DETERMINE THAT THE PERSON IN
POSSESSION OF THE DNR IDENTIFICATION IS THE PERSON NAMED ON THE
DNR IDENTIFICATION:
(a) A PHYSICIAN WHO CAUSES THE WITHHOLDING OR WITHDRAWAL
OF CPR FROM THE PERSON POSSESSING THE
DNR IDENTIFICATION;
(b) A PERSON WHO
PARTICIPATES UNDER THE DIRECTION OF OR WITH THE AUTHORIZATION OF A
PHYSICIAN IN THE WITHHOLDING OR WITHDRAWAL OF CPR FROM THE PERSON
POSSESSING THE DNR IDENTIFICATION;
(c) ANY EMERGENCY MEDICAL SERVICES PERSONNEL WHO CAUSE OR
PARTICIPATE IN THE WITHHOLDING OR WITHDRAWAL OF CPR FROM THE
PERSON POSSESSING THE DNR IDENTIFICATION.
(2) NONE OF THE FOLLOWING ARE SUBJECT TO CRIMINAL PROSECUTION,
TO LIABILITY IN DAMAGES IN A TORT OR OTHER CIVIL ACTION FOR
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY, OR TO PROFESSIONAL
DISCIPLINARY ACTION ARISING OUT OF OR RELATING TO THE
WITHHOLDING OR WITHDRAWAL OF
CPR FROM A PERSON IN A HEALTH CARE FACILITY AFTER
DNR IDENTIFICATION IS DISCOVERED IN THE PERSON'S POSSESSION
AND REASONABLE EFFORTS HAVE BEEN MADE TO DETERMINE THAT THE PERSON IN
POSSESSION OF THE DNR IDENTIFICATION IS THE PERSON NAMED ON THE
DNR IDENTIFICATION
OR A DO-NOT-RESUSCITATE ORDER IS ISSUED FOR THE PERSON:
(a) THE HEALTH CARE FACILITY OR THE ADMINISTRATOR OF THE HEALTH
CARE FACILITY;
(b) A PHYSICIAN WHO CAUSES THE WITHHOLDING OR
WITHDRAWAL OF CPR FROM THE
PERSON POSSESSING THE DNR
IDENTIFICATION OR FOR WHOM THE DO-NOT-RESUSCITATE ORDER HAS BEEN
ISSUED;
(c) ANY PERSON WHO WORKS FOR THE
HEALTH CARE FACILITY AS AN EMPLOYEE, CONTRACTOR, OR VOLUNTEER
AND WHO PARTICIPATES UNDER THE DIRECTION OF OR WITH THE
AUTHORIZATION OF A PHYSICIAN IN THE WITHHOLDING OR WITHDRAWAL OF
CPR FROM THE PERSON POSSESSING
THE DNR IDENTIFICATION;
(d) ANY PERSON WHO WORKS FOR THE
HEALTH CARE FACILITY AS AN EMPLOYEE, CONTRACTOR, OR VOLUNTEER
AND WHO PARTICIPATES UNDER THE DIRECTION OF OR WITH THE
AUTHORIZATION OF A PHYSICIAN IN THE WITHHOLDING OR WITHDRAWAL OF
CPR FROM THE PERSON FOR WHOM
THE DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED.
(3) IF, AFTER DNR IDENTIFICATION IS DISCOVERED IN THE
POSSESSION OF A PERSON, THE PERSON MAKES AN ORAL OR WRITTEN REQUEST TO
RECEIVE CPR, ANY PERSON WHO PROVIDES CPR PURSUANT TO THE
REQUEST, ANY HEALTH CARE FACILITY IN
WHICH CPR IS PROVIDED, AND THE ADMINISTRATOR OF ANY
HEALTH CARE FACILITY IN WHICH CPR IS PROVIDED ARE NOT SUBJECT TO
CRIMINAL PROSECUTION AS A RESULT OF THE PROVISION OF THE CPR, ARE
NOT LIABLE IN DAMAGES IN A TORT OR OTHER CIVIL ACTION FOR
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ARISES OUT OF OR IS RELATED
TO THE PROVISION OF THE CPR, AND ARE NOT SUBJECT
TO PROFESSIONAL DISCIPLINARY ACTION AS A RESULT OF THE PROVISION
OF THE CPR.
(B) DIVISIONS (A)(1), (A)(2), AND (C)
OF THIS SECTION
DO NOT APPLY WHEN CPR IS WITHHELD OR WITHDRAWN FROM A PERSON WHO
POSSESSES DNR IDENTIFICATION OR FOR WHOM A DO-NOT-RESUSCITATE ORDER
HAS BEEN ISSUED UNLESS THE WITHHOLDING OR WITHDRAWAL IS IN ACCORDANCE WITH THE
DO-NOT-RESUSCITATE PROTOCOL.
(C) ANY EMERGENCY MEDICAL SERVICES PERSONNEL WHO COMPLY WITH A
DO-NOT-RESUSCITATE
ORDER ISSUED BY A PHYSICIAN AND ANY INDIVIDUALS WHO WORK FOR A HEALTH
CARE FACILITY AS EMPLOYEES, CONTRACTORS, OR VOLUNTEERS AND WHO COMPLY WITH A
DO-NOT-RESUSCITATE ORDER ISSUED BY A PHYSICIAN ARE NOT SUBJECT TO
LIABILITY IN
DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR
PROPERTY THAT ARISES OUT OF OR IS RELATED TO COMPLIANCE WITH
THE ORDER, ARE NOT SUBJECT TO CRIMINAL PROSECUTION AS
A RESULT OF COMPLIANCE WITH THE ORDER, AND ARE NOT SUBJECT TO
PROFESSIONAL DISCIPLINARY ACTION AS A RESULT OF COMPLIANCE WITH
THE ORDER.
IN AN EMERGENCY SITUATION, EMERGENCY MEDICAL SERVICES
PERSONNEL AND EMERGENCY DEPARTMENT PERSONNEL ARE NOT REQUIRED TO SEARCH A
PERSON TO
DETERMINE IF
THE PERSON POSSESSES DNR
IDENTIFICATION. IF A PERSON POSSESSES
DNR IDENTIFICATION, IF EMERGENCY MEDICAL SERVICES PERSONNEL OR
EMERGENCY DEPARTMENT PERSONNEL PROVIDE CPR TO THE PERSON IN AN
EMERGENCY
SITUATION,
AND IF, AT THAT TIME, THE PERSONNEL DO NOT KNOW AND
DO NOT HAVE REASONABLE CAUSE TO BELIEVE THAT THE PERSON POSSESSES
DNR IDENTIFICATION, THE
EMERGENCY MEDICAL SERVICES PERSONNEL AND EMERGENCY DEPARTMENT PERSONNEL ARE
NOT
SUBJECT TO CRIMINAL
PROSECUTION AS A RESULT OF THE PROVISION OF THE CPR, ARE NOT LIABLE
IN DAMAGES IN A TORT OR OTHER CIVIL
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ARISES OUT OF OR
IS RELATED TO THE PROVISION OF THE CPR, AND
ARE NOT SUBJECT TO PROFESSIONAL DISCIPLINARY ACTION AS A RESULT
OF THE PROVISION OF THE CPR.
(D) NOTHING IN SECTIONS 2133.21 TO 2133.26 OF THE
REVISED
CODE OR THE DO-NOT-RESUSCITATE PROTOCOL GRANTS IMMUNITY TO A
PHYSICIAN
FOR ISSUING A DO-NOT-RESUSCITATE ORDER THAT IS CONTRARY TO REASONABLE MEDICAL
STANDARDS OR THAT THE PHYSICIAN KNOWS OR HAS REASON TO KNOW IS CONTRARY TO THE
WISHES OF THE PATIENT OR OF A PERSON WHO IS LAWFULLY AUTHORIZED TO MAKE
INFORMED MEDICAL DECISIONS ON THE PATIENT'S BEHALF.
Sec. 2133.23. (A) IF EMERGENCY MEDICAL
SERVICES PERSONNEL, OTHER THAN PHYSICIANS, ARE PRESENTED WITH
DNR IDENTIFICATION POSSESSED BY
A PERSON OR ARE PRESENTED WITH A WRITTEN DO-NOT-RESUSCITATE
ORDER FOR A PERSON OR IF A PHYSICIAN DIRECTLY ISSUES TO
EMERGENCY MEDICAL SERVICES PERSONNEL, OTHER THAN PHYSICIANS, AN
ORAL DO-NOT-RESUSCITATE ORDER FOR A PERSON, THE
EMERGENCY MEDICAL SERVICES PERSONNEL SHALL COMPLY WITH THE
DO-NOT-RESUSCITATE PROTOCOL FOR THE PERSON. IF AN ORAL DO-NOT-RESUSCITATE
ORDER IS ISSUED BY A
PHYSICIAN WHO IS NOT PRESENT AT THE SCENE, THE EMERGENCY MEDICAL
SERVICES PERSONNEL SHALL VERIFY THE PHYSICIAN'S IDENTITY.
(B) IF A PERSON POSSESSES DNR IDENTIFICATION AND IF THE
PERSON'S ATTENDING PHYSICIAN OR THE HEALTH CARE
FACILITY IN WHICH THE PERSON IS LOCATED IS UNWILLING OR UNABLE
TO COMPLY WITH THE DO-NOT-RESUSCITATE PROTOCOL FOR THE
PERSON, THE ATTENDING PHYSICIAN OR THE HEALTH CARE FACILITY
SHALL NOT PREVENT OR ATTEMPT TO PREVENT, OR UNREASONABLY DELAY OR ATTEMPT TO
DELAY, THE TRANSFER OF THE PERSON TO A
DIFFERENT PHYSICIAN WHO WILL FOLLOW THE PROTOCOL OR TO A
DIFFERENT HEALTH CARE FACILITY IN WHICH THE PROTOCOL WILL BE
FOLLOWED.
(C) IF A PERSON WHO
POSSESSES DNR IDENTIFICATION OR
FOR WHOM A CURRENT DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED IS
BEING TRANSFERRED FROM ONE HEALTH CARE FACILITY TO ANOTHER,
BEFORE OR AT THE TIME OF THE TRANSFER, THE TRANSFERRING HEALTH
CARE FACILITY SHALL NOTIFY THE RECEIVING HEALTH CARE FACILITY
AND THE PERSONS TRANSPORTING THE PERSON OF THE EXISTENCE OF THE
DNR IDENTIFICATION OR THE ORDER. IF A CURRENT DO-NOT-RESUSCITATE
ORDER WAS ISSUED ORALLY, IT SHALL BE REDUCED TO WRITING BEFORE THE
TIME OF THE TRANSFER. THE DNR IDENTIFICATION OR THE ORDER SHALL
ACCOMPANY THE PERSON TO THE RECEIVING HEALTH CARE FACILITY AND
SHALL REMAIN IN EFFECT UNLESS IT IS REVOKED OR UNLESS, IN THE
CASE OF A DO-NOT-RESUSCITATE ORDER, THE ORDER NO LONGER IS
CURRENT.
Sec. 2133.24. (A) THE DEATH OF A PERSON RESULTING FROM THE
WITHHOLDING OR WITHDRAWAL OF CPR FOR THE PERSON PURSUANT TO THE
DO-NOT-RESUSCITATE
PROTOCOL AND IN THE CIRCUMSTANCES DESCRIBED IN SECTION 2133.22
of the Revised Code OR IN ACCORDANCE WITH
DIVISION (A) OF SECTION 2133.23
of the Revised Code DOES NOT CONSTITUTE FOR
ANY PURPOSE A SUICIDE, AGGRAVATED MURDER, MURDER, OR ANY OTHER
HOMICIDE.
(B)(1) IF A PERSON POSSESSES DNR IDENTIFICATION OR IF
A CURRENT DO-NOT-RESUSCITATE ORDER HAS BEEN ISSUED FOR A PERSON, THE
POSSESSION OR ORDER SHALL NOT DO EITHER OF THE FOLLOWING:
(a) AFFECT IN ANY MANNER THE SALE,
PROCUREMENT, ISSUANCE, OR RENEWAL OF A POLICY OF LIFE
INSURANCE OR ANNUITY, NOTWITHSTANDING ANY TERM OF A POLICY OR
ANNUITY TO THE CONTRARY;
(b) BE DEEMED TO MODIFY IN ANY MANNER
OR INVALIDATE THE TERMS OF ANY POLICY OF LIFE INSURANCE OR
ANNUITY THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.
(2) NOTWITHSTANDING ANY TERM OF A POLICY OF LIFE
INSURANCE OR ANNUITY TO THE CONTRARY, THE WITHHOLDING OR
WITHDRAWAL OF CPR FROM A PERSON WHO IS
INSURED OR COVERED UNDER THE POLICY OR ANNUITY AND WHO POSSESSES
DNR IDENTIFICATION OR FOR WHOM A CURRENT DO-NOT-RESUSCITATE ORDER HAS
BEEN ISSUED, IN ACCORDANCE WITH SECTIONS 2133.21 TO 2133.26 OF THE
REVISED
CODE, SHALL NOT IMPAIR OR
INVALIDATE ANY POLICY OF LIFE INSURANCE OR ANNUITY.
(3) NOTWITHSTANDING ANY TERM OF A POLICY OR PLAN TO THE
CONTRARY, NEITHER OF THE FOLLOWING SHALL IMPAIR OR INVALIDATE ANY POLICY OF
HEALTH INSURANCE OR OTHER HEALTH CARE BENEFIT PLAN:
(a) THE WITHHOLDING OR WITHDRAWAL IN ACCORDANCE WITH SECTIONS
2133.21 TO 2133.26 of the Revised Code OF CPR FROM A PERSON WHO IS INSURED OR
COVERED UNDER THE
POLICY OR PLAN AND WHO POSSESSES
DNR IDENTIFICATION OR FOR WHOM A CURRENT DO-NOT-RESUSCITATE ORDER
HAS BEEN ISSUED;
(b) THE PROVISION IN ACCORDANCE WITH SECTIONS 2133.21 TO 2133.26
of the Revised Code OF CPR TO A PERSON OF THE NATURE DESCRIBED IN DIVISION
(B)(3)(a) OF THIS SECTION.
(4) NO PHYSICIAN, HEALTH CARE FACILITY, OTHER HEALTH
CARE PROVIDER, PERSON AUTHORIZED TO ENGAGE IN THE BUSINESS OF
INSURANCE IN THIS STATE UNDER TITLE XXXIX OF THE
REVISED CODE,
HEALTH INSURING CORPORATION, OTHER
HEALTH CARE BENEFIT PLAN, LEGAL ENTITY THAT IS SELF-INSURED AND PROVIDES
BENEFITS TO ITS EMPLOYEES OR MEMBERS, OR OTHER PERSON SHALL
REQUIRE AN INDIVIDUAL TO POSSESS
DNR IDENTIFICATION, OR SHALL REQUIRE
AN INDIVIDUAL TO REVOKE OR REFRAIN FROM POSSESSING
DNR IDENTIFICATION, AS A
CONDITION OF BEING INSURED OR OF RECEIVING HEALTH CARE BENEFITS
OR SERVICES.
(C)(1) SECTIONS 2133.21 TO 2133.26 OF THE REVISED
CODE DO NOT CREATE ANY
PRESUMPTION CONCERNING THE INTENT OF AN INDIVIDUAL WHO DOES NOT
POSSESS
DNR IDENTIFICATION WITH RESPECT
TO THE USE, WITHHOLDING, OR WITHDRAWAL OF CPR.
(2) SECTIONS 2133.21 TO 2133.26 OF THE
REVISED CODE DO NOT AFFECT THE RIGHT OF
A PERSON TO MAKE INFORMED DECISIONS REGARDING THE USE,
WITHHOLDING, OR WITHDRAWAL OF CPR FOR THE
PERSON AS LONG AS THE PERSON IS ABLE TO MAKE THOSE DECISIONS.
(3) SECTIONS 2133.21 TO 2133.26 OF THE
REVISED CODE ARE IN ADDITION TO AND
INDEPENDENT OF, AND DO NOT LIMIT, IMPAIR, OR SUPERSEDE, ANY
RIGHT OR RESPONSIBILITY THAT A PERSON HAS TO EFFECT THE
WITHHOLDING OR WITHDRAWAL OF LIFE-SUSTAINING TREATMENT TO ANOTHER PURSUANT TO
SECTIONS 2133.01 TO 2133.15 OF THE
REVISED CODE OR IN ANY OTHER LAWFUL MANNER.
(D) NOTHING IN SECTIONS
2133.21 TO 2133.26 OF THE
REVISED CODE CONDONES, AUTHORIZES, OR
APPROVES OF MERCY KILLING, ASSISTED SUICIDE, OR EUTHANASIA.
Sec. 2133.25. (A) THE DEPARTMENT OF
HEALTH, BY RULE ADOPTED PURSUANT TO CHAPTER 119. OF THE
REVISED
CODE, SHALL ADOPT A STANDARDIZED METHOD OF PROCEDURE FOR THE
WITHHOLDING OF CPR BY PHYSICIANS, EMERGENCY MEDICAL SERVICES
PERSONNEL, AND HEALTH CARE FACILITIES IN ACCORDANCE WITH SECTIONS 2133.21 TO
2133.26 of the Revised Code. THE STANDARDIZED METHOD SHALL SPECIFY CRITERIA FOR DETERMINING
WHEN A DO-NOT-RESUSCITATE ORDER ISSUED BY A PHYSICIAN IS CURRENT. THE
STANDARDIZED METHOD SO ADOPTED SHALL BE THE "DO-NOT-RESUSCITATE PROTOCOL" FOR
PURPOSES OF SECTIONS 2133.21 TO 2133.26 of the Revised Code. THE DEPARTMENT ALSO
SHALL APPROVE ONE OR MORE STANDARD FORMS OF
DNR IDENTIFICATION TO BE USED
THROUGHOUT THIS STATE.
(B) THE DEPARTMENT OF HEALTH SHALL ADOPT RULES IN ACCORDANCE WITH
CHAPTER 119. OF THE REVISED CODE FOR THE
ADMINISTRATION OF
SECTIONS 2133.21 TO 2133.26 OF THE
REVISED CODE.
(C) THE DEPARTMENT OF HEALTH SHALL APPOINT AN ADVISORY COMMITTEE
TO ADVISE THE DEPARTMENT IN THE DEVELOPMENT OF RULES UNDER THIS SECTION. THE
ADVISORY COMMITTEE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, REPRESENTATIVES
OF EACH OF THE FOLLOWING ORGANIZATIONS:
(1) THE ASSOCIATION FOR HOSPITALS AND HEALTH SYSTEMS (OHA);
(2) THE OHIO STATE MEDICAL ASSOCIATION;
(3) THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF
EMERGENCY PHYSICIANS;
(4) THE OHIO HOSPICE ORGANIZATION;
(5) THE OHIO COUNCIL FOR HOME CARE;
(6) THE OHIO HEALTH CARE ASSOCIATION;
(7) THE OHIO AMBULANCE ASSOCIATION;
(8) THE OHIO MEDICAL DIRECTORS ASSOCIATION;
(9) THE OHIO ASSOCIATION OF EMERGENCY MEDICAL SERVICES;
(10) THE BIOETHICS NETWORK OF OHIO;
(11) THE OHIO NURSES ASSOCIATION;
(12) THE OHIO ACADEMY OF NURSING HOMES;
(13) THE OHIO ASSOCIATION OF PROFESSIONAL FIREFIGHTERS;
(14) THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL
DISABILITIES;
(15) THE OHIO OSTEOPATHIC ASSOCIATION;
(16) THE ASSOCIATION OF OHIO PHILANTHROPIC HOMES, HOUSING AND
SERVICES FOR THE AGING;
(17) THE CATHOLIC CONFERENCE OF OHIO;
(18) THE DEPARTMENT OF AGING;
(19) THE DEPARTMENT OF MENTAL HEALTH;
(20) THE OHIO PRIVATE RESIDENTIAL ASSOCIATION;
(21) THE NORTHERN OHIO FIRE FIGHTERS ASSOCIATION.
Sec. 2133.26. (A)(1) NO PHYSICIAN SHALL
PURPOSELY PREVENT OR ATTEMPT TO PREVENT, OR DELAY OR UNREASONABLY ATTEMPT TO
DELAY, THE TRANSFER OF A PATIENT IN VIOLATION OF DIVISION
(B) OF SECTION 2133.23 OF THE
REVISED CODE.
(2) NO PERSON SHALL PURPOSELY CONCEAL, CANCEL, DEFACE, OR
OBLITERATE THE DNR IDENTIFICATION OF ANOTHER PERSON WITHOUT THE
CONSENT OF THE OTHER
PERSON.
(3) NO PERSON SHALL PURPOSELY FALSIFY OR FORGE A REVOCATION OF A
DECLARATION THAT IS
THE BASIS OF THE
DNR IDENTIFICATION OF ANOTHER PERSON
OR PURPOSELY FALSIFY OR FORGE AN ORDER OF A PHYSICIAN THAT PURPORTS TO
SUPERSEDE A DO-NOT-RESUSCITATE ORDER ISSUED FOR ANOTHER PERSON.
(4) NO PERSON SHALL PURPOSELY FALSIFY OR FORGE THE
DNR IDENTIFICATION OF ANOTHER PERSON
WITH THE INTENT TO CAUSE THE USE, WITHHOLDING, OR WITHDRAWAL OF
CPR FOR THE OTHER PERSON.
(5) NO PERSON WHO HAS PERSONAL KNOWLEDGE THAT ANOTHER
PERSON HAS REVOKED A DECLARATION THAT IS THE BASIS OF THE
OTHER PERSON'S DNR
IDENTIFICATION OR PERSONAL KNOWLEDGE THAT A PHYSICIAN HAS ISSUED
AN ORDER THAT SUPERSEDES A DO-NOT-RESUSCITATE ORDER THAT THE
PHYSICIAN ISSUED FOR ANOTHER PERSON SHALL PURPOSELY CONCEAL OR
WITHHOLD THAT PERSONAL KNOWLEDGE WITH THE INTENT TO CAUSE THE USE,
WITHHOLDING, OR WITHDRAWAL OF CPR FOR THE OTHER PERSON.
(B)(1) WHOEVER VIOLATES DIVISION (A)(1)
OR (5) OF THIS SECTION IS GUILTY OF A MISDEMEANOR OF THE THIRD
DEGREE.
(2) WHOEVER VIOLATES DIVISION (A)(2), (3), OR (4) OF THIS SECTION
IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.
Sec. 3721.17. (A) Any resident who believes that his THE
RESIDENT'S
rights under sections 3721.10 to 3721.17 of the Revised Code have
been violated may file a grievance under procedures adopted
pursuant to division (A)(2) of section 3721.12 of the Revised
Code.
When the grievance committee determines a violation of
sections 3721.10 to 3721.17 of the Revised Code has occurred, it
shall notify the administrator of the home. If the violation
cannot be corrected within ten days, or if ten days have elapsed
without correction of the violation, the grievance committee
shall refer the matter to the department of health.
(B) Any person who believes that a resident's rights under
sections 3721.10 to 3721.17 of the Revised Code have been
violated may report or cause reports to be made of the
information directly to the department of health. No person who
files a report is liable for civil damages resulting from the
report.
(C)(1) Within thirty days of receiving a complaint under
this section, the department of health shall investigate any
complaint referred to it by a home's grievance committee and any
complaint from any source that alleges that the home provided
substantially less than adequate care or treatment, or
substantially unsafe conditions, or, within seven days of
receiving a complaint, refer it to the attorney general, if he THE
ATTORNEY GENERAL
agrees to investigate within thirty days.
(2) Within thirty days of receiving a complaint under this
section, the department of health may investigate any alleged
violation of sections 3721.10 to 3721.17 of the Revised Code, or
of rules, policies, or procedures adopted pursuant to those
sections, not covered by division (C)(1) of this section, or it
may, within seven days of receiving a complaint, refer the
complaint to the grievance committee at the home where the
alleged violation occurred, or to the attorney general if he THE
ATTORNEY GENERAL
agrees to investigate within thirty days.
(D) If, after an investigation, the department of health
finds probable cause to believe that a violation of sections
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or
procedures adopted pursuant to those sections, has occurred at a
home that is certified under Title XVIII or XIX of the "Social
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,
it shall cite one or more findings or deficiencies under sections
5111.35 to 5111.62 of the Revised Code. If the home is not so
certified, the department shall hold an adjudicative hearing
within thirty days under Chapter 119. of the Revised Code.
(E) Upon a finding at an adjudicative hearing under
division (D) of this section that a violation of sections 3721.10
to 3721.17 of the Revised Code, or of rules, policies, or
procedures adopted pursuant thereto, has occurred, the department
of health shall make an order for compliance, set a reasonable
time for compliance, and assess a fine pursuant to division (F)
of this section. The fine shall be paid to the general revenue
fund only if compliance with the order is not shown to have been
made within the reasonable time set in the order. The department
of health may issue an order prohibiting the continuation of any
violation of sections 3721.10 to 3721.17 of the Revised Code.
Findings at the hearings conducted under this section may
be appealed pursuant to Chapter 119. of the Revised Code, except
that an appeal may be made to the court of common pleas of the
county in which the home is located.
The department of health shall initiate proceedings in
court to collect any fine assessed under this section which is
unpaid thirty days after the violator's final appeal is
exhausted.
(F) Any home found, pursuant to an adjudication hearing
under division (D) of this section, to have violated sections
3721.10 to 3721.17 of the Revised Code, or rules, policies, or
procedures adopted pursuant to those sections may be fined not
less than one hundred nor more than five hundred dollars for a
first offense. For each subsequent offense, the home may be
fined not less than two hundred nor more than one thousand
dollars.
A violation of sections 3721.10 to 3721.17 of the Revised
Code is a separate offense for each day of the violation and for
each resident who claims the violation.
(G) No home or employee of a home shall retaliate against
any person who:
(1) Exercises any right set forth in sections 3721.10 to
3721.17 of the Revised Code, including, but not limited to,
filing a complaint with the home's grievance committee or
reporting an alleged violation to the department of health;
(2) Appears as a witness in any hearing conducted under
this section and section 3721.16 of the Revised Code;
(3) Files a civil action alleging a violation of sections
3721.10 to 3721.17 of the Revised Code, or notifies a county
prosecuting attorney or the attorney general of a possible
violation of sections 3721.10 to 3721.17 of the Revised Code.
If, under the procedures outlined in this section, a home
or its employee is found to have retaliated, the violator may be
fined up to one thousand dollars.
(H) When legal action is indicated, any evidence of
criminal activity found in an investigation under division (C) of
this section shall be given to the prosecuting attorney in the
county in which the home is located for investigation.
(I)(1) Any resident whose rights under sections 3721.10 to
3721.17 of the Revised Code are violated has a cause of action
against any person or home committing the violation. The action
may be commenced by the resident or by his THE RESIDENT'S
sponsor on his behalf OF THE RESIDENT.
The court may award actual and punitive damages for violation of
the rights. The
(2)(a) IF COMPENSATORY DAMAGES ARE AWARDED FOR A VIOLATION OF THE
RESIDENT'S RIGHTS, SECTION 2315.21 of the Revised Code, EXCEPT DIVISIONS (E)(1) AND
(2) OF THAT SECTION, SHALL APPLY TO AN AWARD OF PUNITIVE OR EXEMPLARY DAMAGES
FOR THE VIOLATION.
(b) THE court may award to the prevailing party
reasonable attorney's fees limited to the work reasonably
performed.
(3) DIVISION (I)(2)(a) OF THIS SECTION
SHALL BE CONSIDERED TO BE PURELY REMEDIAL IN OPERATION AND SHALL BE APPLIED IN
A REMEDIAL MANNER IN ANY CIVIL ACTION IN WHICH THIS SECTION IS RELEVANT,
WHETHER THE ACTION IS PENDING IN COURT OR COMMENCED ON OR AFTER THE EFFECTIVE
DATE OF THIS AMENDMENT.
Sec. 4506.07. (A) Every application for a commercial
driver's license, restricted commercial driver's license, or a
commercial driver's temporary instruction permit, or a duplicate
of such a license, shall be made upon a form approved and
furnished by the registrar of motor vehicles. Except as provided
in section 4506.24 of the Revised Code in regard to a restricted
commercial driver's license, the application shall be signed by
the applicant and shall contain the following information:
(1) The APPLICANT'S name, date of birth, social security account
number, sex, general description including height, weight, and
color of hair and eyes, current residence, duration of residence
in this state, country of citizenship, and occupation;
(2) Whether the applicant previously has been licensed to
operate a commercial motor vehicle or any other type of motor
vehicle in another state or a foreign jurisdiction and, if so,
when, by what state, and whether the license or driving
privileges currently are suspended or revoked in any
jurisdiction, or the applicant otherwise has been disqualified
from operating a commercial motor vehicle, or is subject to an
out-of-service order issued under this chapter or any similar law
of another state or a foreign jurisdiction and, if so, the date
of, locations involved, and reason for the suspension,
revocation, disqualification, or out-of-service order;
(3) Whether the applicant is afflicted with or suffering
from any physical or mental disability or disease that prevents
him THE APPLICANT from exercising reasonable and ordinary
control over a motor
vehicle while operating it upon a highway or is or has been
subject to any condition resulting in episodic impairment of
consciousness or loss of muscular control and, if so, the nature
and extent of the disability, disease, or condition, and the
names and addresses of the physicians attending him THE
APPLICANT;
(4) Whether the applicant has obtained a medical
examiner's certificate as required by this chapter;
(5) Whether the applicant has pending a citation for
violation of any motor vehicle law or ordinance except a parking
violation and, if so, a description of the citation, the court
having jurisdiction of the offense, and the date when the offense
occurred;
(6) Whether the applicant wishes to certify willingness to
make an anatomical donation under section 2108.04 of the Revised
Code, which shall be given no consideration in the issuance of a
license;
(7) On and after May 1, 1993, whether the applicant has
executed a valid durable power of attorney for health care
pursuant to sections 1337.11 to 1337.17 of the Revised Code or
has executed a declaration governing the use or continuation, or
the withholding or withdrawal, of life-sustaining treatment
pursuant to Chapter 2133. SECTIONS 2133.01 TO 2133.15
of the Revised Code and, if the
applicant has executed either type of instrument, whether he THE
APPLICANT wishes his THE license ISSUED to indicate that
he THE APPLICANT has executed the instrument.
(B) Every applicant shall certify, on a form approved and
furnished by the registrar, all of the following:
(1) That the motor vehicle in which the applicant intends
to take the driving skills test is representative of the type of
motor vehicle that the applicant expects to operate as a driver;
(2) That the applicant is not subject to any
disqualification or out-of-service order, or license suspension,
revocation, or cancellation, under the laws of this state, of
another state, or of a foreign jurisdiction and does not have
more than one driver's license issued by this or another state or
a foreign jurisdiction;
(3) Any additional information, certification, or evidence
that the registrar requires by rule in order to ensure that the
issuance of a commercial driver's license to the applicant is in
compliance with the law of this state and with federal law.
(C) Every applicant shall execute a form, approved and
furnished by the registrar, under which the applicant consents to
the release by the registrar of information from the applicant's
driving record.
(D) The registrar or a deputy registrar shall, in accordance with
section
3503.11 of the Revised Code, SHALL register as an elector any applicant
for a commercial driver's license or for a renewal or duplicate
of such a license under this chapter, if the applicant is
eligible and wishes to be registered as an elector. The decision of an
applicant whether to register as an elector shall be given no consideration in
the decision of whether to issue him THE APPLICANT a license or
a renewal or duplicate.
(E) The registrar or a deputy registrar shall, in accordance with
section
3503.11 of the Revised Code, SHALL offer the opportunity of completing
a notice of change of residence or change of name to any applicant for a
commercial
driver's license or for a renewal or duplicate of such a license
who is a resident of this state, if the applicant is a registered
elector who has changed his THE APPLICANT'S residence or name
and has not filed such a notice.
Sec. 4507.06. (A)(1) Every application for a driver's
license or motorcycle operator's license or endorsement, or
duplicate of any such license or endorsement, shall be made upon
the approved form furnished by the registrar of motor vehicles
and shall be signed by the applicant.
Every application shall state the following:
(a) The applicant's name, date of birth, social security number if
such has been assigned, sex, general description, including
height, weight, color of hair, and eyes, residence
address, including county of residence, duration of residence in
this state, and country of citizenship;
(b) Whether the applicant previously has been licensed as
an operator, chauffeur, driver, commercial driver, or motorcycle
operator and, if so, when, by what state, and whether such
license is suspended or revoked at the present time and, if so,
the date of and reason for the suspension or revocation;
(c) Whether the applicant is now or ever has been
afflicted with epilepsy, or whether the applicant now is
suffering from any physical or mental disability or disease and,
if so, the nature and extent of the disability or disease, giving
the names and addresses of physicians then or previously in
attendance upon the applicant;
(d) Whether an applicant for a duplicate driver's license,
or duplicate license containing a motorcycle operator endorsement
has pending a citation for violation of any motor vehicle law or
ordinance, a description of any such citation pending, and the
date of the citation;
(e) Whether the applicant wishes to certify willingness to
make an anatomical gift under section 2108.04 of the Revised
Code, which shall be given no consideration in the issuance of a
license or endorsement;
(f) On and after May 1, 1993, whether the applicant has
executed a valid durable power of attorney for health care
pursuant to sections 1337.11 to 1337.17 of the Revised Code or
has executed a declaration governing the use or continuation, or
the withholding or withdrawal, of life-sustaining treatment
pursuant to Chapter 2133. SECTIONS 2133.01 TO 2133.15
of the Revised Code and, if the
applicant has executed either type of instrument, whether the
applicant
wishes the applicant's license to indicate that the
applicant has executed the
instrument.
(2) Every applicant for a driver's license shall be
photographed in color at the time the application for the license
is made. The application shall state any additional information
that the registrar requires.
(B) The registrar or a deputy registrar, in accordance
with section 3503.11 of the Revised Code, shall register as an
elector any person who applies for a driver's license or
motorcycle operator's license or endorsement under division (A)
of this section, or for a renewal or duplicate of the license or
endorsement, if the applicant is eligible and wishes to be
registered as an elector. The decision of an applicant whether to register as
an elector shall be given no consideration in the decision of whether to issue
the applicant a license or endorsement, or a renewal or duplicate.
(C) The registrar or a deputy registrar, in accordance
with section 3503.11 of the Revised Code, shall offer the
opportunity of completing a notice of change of residence or change of name to
any
applicant for a driver's license or endorsement under division
(A) of this section, or for a renewal or duplicate of the license
or endorsement, if the applicant is a registered elector who has
changed the applicant's residence or name and has not filed such a
notice.
Sec. 4507.51. (A)(1) Every application for an
identification card or duplicate shall be made on a form
furnished by the registrar of motor vehicles, shall be signed by
the applicant, and by his THE APPLICANT'S parent or guardian if
the applicant is
under eighteen years of age, and shall contain the following
information pertaining to the applicant: name, date of birth,
sex, general description including the applicant's height,
weight, hair color, and eye color, address, and at the option of
the applicant, his THE APPLICANT'S social security number,
his THE APPLICANT'S blood type, or his THE
APPLICANT'S social security number and his blood type. The
application form
shall state that an applicant is not required to furnish his THE
APPLICANT'S social security number or his THE APPLICANT'S
blood type. The application shall
also state whether an applicant wishes to certify willingness to
make an anatomical gift under section 2108.04 of the Revised Code
and shall include information about the requirements of that
section that apply to persons who are less than eighteen years of
age. The statement regarding willingness to make such a
donation
shall be given no consideration in the decision of whether to
issue an identification card. Each applicant shall be
photographed in color at the time of making application.
(2) On and after May 1, 1993, the application also shall
state whether the applicant has executed a valid durable power
of attorney for health care pursuant to sections 1337.11 to 1337.17
of the Revised Code or has executed a declaration governing the
use or continuation, or the withholding or withdrawal, of
life-sustaining treatment pursuant to Chapter 2133. SECTIONS 2133.01
TO 2133.15 of the Revised Code and, if the applicant has executed
either type of
instrument, whether he THE APPLICANT wishes his THE
identification card ISSUED to indicate that he THE APPLICANT has
executed the instrument.
(3) The registrar or deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall register as an
elector any person who applies for an identification card or
duplicate if the applicant is eligible and wishes to be
registered as an elector. The decision of an applicant whether
to register as an elector shall be given no consideration in the
decision of whether to issue him THE APPLICANT an identification
card or duplicate.
(B) The application for an identification card or
duplicate shall be filed in the office of the registrar or
deputy registrar. Each applicant shall present documentary evidence as
required by the registrar of his THE APPLICANT'S age and
identity. Each applicant who did not enter his OR HER social security
number on his
OR HER application form, upon request, shall furnish the registrar or
the deputy registrar with the applicant's social security
number,
if such a number has been assigned to the applicant, for
purposes
of determining whether a driver's or commercial driver's license
has been issued under the same social security number. The
registrar or deputy registrar shall not maintain the social
security number as a part of the record or enter it on the
application form. The applicant shall swear that all information
given is true.
All applications for an identification card or duplicate
shall be filed in duplicate, and if submitted to a deputy
registrar, a copy shall be forwarded to the registrar. The
registrar shall prescribe rules for the manner in which a deputy
registrar is to file and maintain applications and other records.
The registrar shall maintain a suitable, indexed record of all
applications denied and cards issued or canceled.
Section 2. That existing sections 1337.12, 2133.01, 2133.02,
2133.03, 2133.07, 2133.10, 2133.12, 2133.13, 2133.14, 2133.15,
3721.17, 4506.07, 4507.06, and 4507.51 of the Revised Code are
hereby repealed.
Section 3. That Section 3 of Am. Sub. S.B. 1 of the 119th General Assembly be
amended to read as follows:
"Sec. 3. Chapter 2133. of the Revised Code, as enacted AMENDED
by this act, shall be entitled the Modified Uniform Rights of the Terminally
Ill Act AND THE DNR IDENTIFICATION AND
DO-NOT-RESUSCITATE ORDER LAW."
Section 4. That existing Section 3 of Am. Sub. S.B. 1 of the 119th General
Assembly is hereby repealed.
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