The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Reported by the Senate Judiciary Committee
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. H. B. No. 494 |
REPRESENTATIVES WOMER BENJAMIN-SALERNO-DePIERO-SULZER-
WILLAMOWSKI-JERSE-PETERSON-SUTTON-TERWILLEGER-VESPER-
MOTTLEY-HARTNETT-AUSTRIA-D. MILLER-BARRETT-SMITH-
TIBERI
A BILL
To amend sections 1337.12, 1337.13, 1337.17, and 2133.02 of the Revised Code
to
require that
certain statements in a living will or a durable power of attorney for health
care be in conspicuous type or capital letters and to make other
changes in the form of living wills and durable powers of attorney for health
care.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1337.12, 1337.13, 1337.17, and 2133.02 of the Revised
Code be amended 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 the principal has lost the capacity
to make informed health care decisions for 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 AT THE END OF THE INSTRUMENT by the principal
and SHALL 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 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 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
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
the principal's signature on, AT THE END OF the instrument
in the presence of each witness. Then, each witness shall subscribe the
witness's signature on the durable
power of attorney for health care AFTER THE SIGNATURE OF THE
PRINCIPAL and, by doing so, attest to
the witness's belief that the principal appears to be of sound
mind and not under or subject to duress, fraud, or undue influence.
THE SIGNATURES OF THE PRINCIPAL AND THE WITNESSES UNDER THIS DIVISION ARE
NOT REQUIRED TO APPEAR ON THE SAME PAGE OF THE INSTRUMENT.
(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. 1337.13. (A)(1) An attorney in fact under a durable
power of attorney for health care shall make health care
decisions for the principal only if the instrument substantially
complies with section 1337.12 of the Revised Code and
specifically authorizes the attorney in fact to make health care
decisions for the principal, and only if 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 this section and subject to
any specific limitations in the instrument, the attorney in fact
may make health care decisions for the principal to the same
extent as the principal could make those decisions for himself THE
PRINCIPAL if
he THE PRINCIPAL had the capacity to do so. Except as otherwise
provided in
divisions (B) to (F) of this section, in exercising his THAT
authority, the attorney in fact shall act consistently with the
desires of the principal or, if the desires of the principal are
unknown, shall act in the best interest of the principal.
(2) This section does not affect, and shall not be
construed as affecting, any right that the person designated as
attorney in fact in a durable power of attorney for health care
may have, apart from the instrument, to make or participate in
the making of health care decisions on behalf of the principal.
(3) Unless the right is limited in a durable power of
attorney for health care, when acting pursuant to the instrument,
the attorney in fact has the same right as the principal to
receive information about proposed health care, to review health
care records, and to consent to the disclosure of health care
records.
(B)(1) An attorney in fact under a durable power of
attorney for health care does not have authority, on behalf of
the principal, to refuse or withdraw informed consent to
life-sustaining treatment, unless the principal is in a terminal
condition or in a permanently unconscious state and unless the
applicable requirements of divisions (B)(2) and (3) of this
section are satisfied.
(2) In order for an attorney in fact to refuse or withdraw
informed consent to life-sustaining treatment for a principal who
is in a permanently unconscious state, the consulting physician
associated with the determination that the principal 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 and 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 and surgery or osteopathic
medicine and surgery, is qualified to determine whether the
principal is in a permanently unconscious state.
(3) In order for an attorney in fact to refuse or withdraw
informed consent to life-sustaining treatment for a principal who
is in a terminal condition or in a permanently unconscious state,
the attending physician of the principal 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 principal will regain the
capacity to make informed health care decisions for himself THE
PRINCIPAL.
(C) Except as otherwise provided in this division, an
attorney in fact under a durable power of attorney for health
care does not have authority, on behalf of the principal, to
refuse or withdraw informed consent to health care necessary to
provide comfort care. This division does not preclude, and shall
not be construed as precluding, an attorney in fact under a
durable power of attorney for health care from refusing or
withdrawing informed consent to the provision of nutrition or
hydration to the principal if, under the circumstances described
in division (E) of this section, the attorney in fact would not
be prohibited from refusing or withdrawing informed consent to
the provision of nutrition or hydration to the principal.
(D) An attorney in fact under a durable power of attorney
for health care does not have authority to refuse or withdraw
informed consent to health care for a principal who is pregnant
if the refusal or withdrawal of the health care would terminate
the pregnancy, unless the pregnancy or the health care would pose
a substantial risk to the life of the principal, or unless the
principal's attending physician and at least one other physician
who has examined the principal determine, to a reasonable degree
of medical certainty and in accordance with reasonable medical
standards, that the fetus would not be born alive.
(E) An attorney in fact under a durable power of attorney
for health care does not have authority to refuse or withdraw
informed consent to the provision of nutrition or hydration to
the principal, unless the principal is in a terminal condition or
in a permanently unconscious state and unless the following
apply:
(1) The principal's attending physician and at least one
other physician who has examined the principal 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, or alleviate
pain of, the principal.
(2) If the principal is in a permanently unconscious
state, the principal has authorized the attorney in fact to
refuse or withdraw informed consent to the provision of nutrition
or hydration to him THE PRINCIPAL when he THE
PRINCIPAL is in a permanently unconscious state
by doing both of the following in the durable power of attorney
for health care:
(a) Including a statement in capital letters OR OTHER CONSPICUOUS TYPE,
INCLUDING, BUT NOT LIMITED TO, A DIFFERENT FONT, BIGGER TYPE, OR BOLDFACE
TYPE,
that the
attorney in fact may refuse or withdraw informed consent to the
provision of nutrition or hydration to the principal if he THE
PRINCIPAL is in
a permanently unconscious state and if the determination
described in division (E)(1) of this section is made, or checking
or otherwise marking a box or line that is adjacent to a similar
statement on a printed form of a durable power of attorney for
health care;
(b) Placing his THE PRINCIPAL'S initials or signature
underneath or
adjacent to the statement, check, or other mark described in
division (E)(2)(a) of this section.
(3) If the principal is in a permanently unconscious
state, his THE PRINCIPAL'S attending physician determines, in
good faith, that
the principal authorized the attorney in fact to refuse or
withdraw informed consent to the provision of nutrition or
hydration to him THE PRINCIPAL when he THE
PRINCIPAL is in a permanently unconscious state by
complying with the requirements of divisions (E)(2)(a) and (b) of
this section.
(F) An attorney in fact under a durable power of attorney
for health care does not have authority to withdraw informed
consent to any health care to which the principal previously
consented, unless at least one of the following applies:
(1) A change in the physical condition of the principal
has significantly decreased the benefit of that health care to
the principal.
(2) The health care is not, or is no longer, significantly
effective in achieving the purposes for which the principal
consented to its use.
Sec. 1337.17. A printed form of durable power of attorney
for health care 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, a principal may authorize an attorney
in fact to make health care decisions on his THE PRINCIPAL'S
behalf, but the
printed form shall not be used as an instrument for granting
authority for any other decisions. Any printed form that is sold
or otherwise distributed in this state for the purpose described
in this section shall include the following notice:
"Notice to Adult Executing This Document
This is an important legal document. Before executing this
document, you should know these facts:
This document gives the person you designate (the attorney
in fact) the power to make most* health care decisions for you if
you lose the capacity to make informed health care decisions for
yourself. This power is effective only when your attending
physician determines that you have lost the capacity to make
informed health care decisions for yourself and, notwithstanding
this document, as long as you have the capacity to make informed
health care decisions for yourself, you retain the right to make
all medical and other health care decisions for yourself.
You may include specific limitations in this document on
the authority of the attorney in fact to make health care
decisions for you.
Subject to any specific limitations you include in this
document, if your attending physician determines that you have
lost the capacity to make an informed decision on a health care
matter, the attorney in fact generally* will be authorized by
this document to make health care decisions for you to the same
extent as you could make those decisions yourself, if you had the
capacity to do so. The authority of the attorney in fact to make
health care decisions for you generally* will include the
authority to give informed consent, to refuse to give informed
consent, or to withdraw informed consent to any care, treatment,
service, or procedure to maintain, diagnose, or treat a physical
or mental condition.
However*, even if the attorney in fact has general
authority to make health care decisions for you under this
document, the attorney in fact never* will be authorized to do
any of the following:
(1) Refuse or withdraw informed consent to life-sustaining
treatment (unless your attending physician and one other
physician who examines you determine, to a reasonable degree of
medical certainty and in accordance with reasonable medical
standards, that either of the following applies:
(a) You are suffering from an irreversible, incurable, and
untreatable condition caused by disease, illness, or injury from
which (i) there can be no recovery and (ii) your death is likely
to occur within a relatively short time if life-sustaining
treatment is not administered, and your attending physician
additionally determines, to a reasonable degree of medical
certainty and in accordance with reasonable medical standards,
that there is no reasonable possibility that you will regain the
capacity to make informed health care decisions for yourself.
(b) You are in a state of permanent unconsciousness that
is characterized by you being irreversibly unaware of yourself
and your environment and by a total loss of cerebral cortical
functioning, resulting in you having no capacity to experience
pain or suffering, and your attending physician additionally
determines, to a reasonable degree of medical certainty and in
accordance with reasonable medical standards, that there is no
reasonable possibility that you will regain the capacity to make
informed health care decisions for yourself);
(2) Refuse or withdraw informed consent to health care
necessary to provide you with comfort care (except that, if he THE
ATTORNEY IN FACT is
not prohibited from doing so under (4) below, the attorney in
fact could refuse or withdraw informed consent to the provision
of nutrition or hydration to you as described under (4) below).
(You should understand that comfort care is defined in Ohio law
to mean artificially or technologically administered sustenance
(nutrition) or fluids (hydration) when administered to diminish
your pain or discomfort, not to postpone your death, and any
other medical or nursing procedure, treatment, intervention, or
other measure that would be taken to diminish your pain or
discomfort, not to postpone your death. Consequently, if your
attending physician were to determine that a previously described
medical or nursing procedure, treatment, intervention, or other
measure will not or no longer will serve to provide comfort to
you or alleviate your pain, then, subject to (4) below, your
attorney in fact would be authorized to refuse or withdraw
informed consent to the procedure, treatment, intervention, or
other measure.*);
(3) Refuse or withdraw informed consent to health care for
you if you are pregnant and if the refusal or withdrawal would
terminate the pregnancy (unless the pregnancy or health care
would pose a substantial risk to your life, or unless your
attending physician and at least one other physician who examines
you determine, to a reasonable degree of medical certainty and in
accordance with reasonable medical standards, that the fetus
would not be born alive);
(4) Refuse or withdraw informed consent to the provision
of artificially or technologically administered sustenance
(nutrition) or fluids (hydration) to you, unless:
(a) You are in a terminal condition or in a permanently
unconscious state.
(b) Your attending physician and at least one other
physician who has examined you 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 you or alleviate your pain.
(c) If, but only if, you are in a permanently unconscious
state, you authorize the attorney in fact to refuse or withdraw
informed consent to the provision of nutrition or hydration to
you by doing both of the following in this document:
(i) Including a statement in capital letters OR OTHER CONSPICUOUS TYPE,
INCLUDING, BUT NOT LIMITED TO, A DIFFERENT FONT, BIGGER TYPE, OR BOLDFACE
TYPE,
that the
attorney in fact may refuse or withdraw informed consent to the
provision of nutrition or hydration to you if you are in a
permanently unconscious state and if the determination that
nutrition or hydration will not or no longer will serve to
provide comfort to you or alleviate your pain is made, or
checking or otherwise marking a box or line (if any) that is
adjacent to a similar statement on this document;
(ii) Placing your initials or signature underneath or
adjacent to the statement, check, or other mark previously
described.
(d) Your attending physician determines, in good faith,
that you authorized the attorney in fact to refuse or withdraw
informed consent to the provision of nutrition or hydration to
you if you are in a permanently unconscious state by complying
with the requirements of (4)(c)(i) and (ii) above.
(5) Withdraw informed consent to any health care to which
you previously consented, unless a change in your physical
condition has significantly decreased the benefit of that health
care to you, or unless the health care is not, or is no longer,
significantly effective in achieving the purposes for which you
consented to its use.
Additionally, when exercising his authority to make health
care decisions for you, the attorney in fact will have to act
consistently with your desires or, if your desires are unknown,
to act in your best interest. You may express your desires to
the attorney in fact by including them in this document or by
making them known to him THE ATTORNEY IN FACT in another manner.
When acting pursuant to this document, the attorney in fact
generally* will have the same rights that you have to receive
information about proposed health care, to review health care
records, and to consent to the disclosure of health care records.
You can limit that right in this document if you so choose.
Generally, you may designate any competent adult as the
attorney in fact under this document. However, you cannot*
designate your attending physician or the administrator of any
nursing home in which you are receiving care as the attorney in
fact under this document. Additionally, you cannot* designate an
employee or agent of your attending physician, or an employee or
agent of a health care facility at which you are being treated,
as the attorney in fact under this document, unless either type
of employee or agent is a competent adult and related to you by
blood, marriage, or adoption, or unless either type of employee
or agent is a competent adult and you and the employee or agent
are members of the same religious order.
This document has no expiration date under Ohio law, but
you may choose to specify a date upon which your durable power of
attorney for health care generally will expire. However, if you
specify an expiration date and then lack the capacity to make
informed health care decisions for yourself on that date, the
document and the power it grants to your attorney in fact will
continue in effect until you regain the capacity to make informed
health care decisions for yourself.
You have the right to revoke the designation of the
attorney in fact and the right to revoke this entire document at
any time and in any manner. Any such revocation generally will
be effective when you express your intention to make the
revocation. However, if you made your attending physician aware
of this document, any such revocation will be effective only when
you communicate it to your attending physician, or when a witness
to the revocation or other health care personnel to whom the
revocation is communicated by such a witness communicate it to
your attending physician.
If you execute this document and create a valid durable
power of attorney for health care with it, it will revoke any
prior, valid durable power of attorney for health care that you
created, unless you indicate otherwise in this document.
This document is not valid as a durable power of attorney
for health care unless it is acknowledged before a notary public
or is signed by at least two adult witnesses who are present when
you sign or acknowledge your signature. No person who is related
to you by blood, marriage, or adoption may be a witness. The
attorney in fact, your attending physician, and the administrator
of any nursing home in which you are receiving care also are
ineligible to be witnesses.
If there is anything in this document that you do not
understand, you should ask your lawyer to explain it to you."
In the preceding notice, the single words, and the two
sentences in the second set of parentheses in paragraph (2),
followed by an asterisk and all of paragraph (4) should SHALL
appear in
the printed form in capital letters OR OTHER CONSPICUOUS TYPE, INCLUDING,
BUT NOT LIMITED TO, A DIFFERENT FONT, BIGGER TYPE, OR BOLDFACE TYPE.
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 AT THE END
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 the
declaration to apply when the declarant is in a terminal
condition, in a
permanently unconscious state, or in either a terminal condition
or a permanently unconscious state, 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 the
declarant's attending physician withhold or withdraw nutrition or
hydration
when 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 the declarant or alleviate
the declarant's pain, then the declarant shall authorize
the declarant's attending physician to withhold or withdraw
nutrition or hydration when the declarant is in the
permanently unconscious
state by doing both of the following in the declaration:
(i) Including a statement in capital letters OR OTHER CONSPICUOUS TYPE,
INCLUDING, BUT NOT LIMITED TO, A DIFFERENT FONT, BIGGER TYPE, OR BOLDFACE
TYPE,
that the
declarant's attending physician may withhold or withdraw nutrition and
hydration if the declarant is in a permanently unconscious
state and if the declarant's attending physician and at
least one other physician who has
examined 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 the declarant or alleviate
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 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 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 the
witness' signature on
the declaration AFTER THE SIGNATURE OF THE DECLARANT OR OTHER
INDIVIDUAL AT THE DIRECTION OF THE DECLARANT and, by doing so, attest to
the witness' belief that the
declarant appears to be of sound mind and not under or subject to duress,
fraud, or undue influence. THE SIGNATURES OF THE DECLARANT OR OTHER
INDIVIDUAL AT THE DIRECTION OF THE DECLARANT UNDER DIVISION (A) OF
THIS SECTION AND OF THE WITNESSES UNDER THIS DIVISION ARE NOT REQUIRED TO
APPEAR ON THE SAME PAGE OF THE DECLARATION.
(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.
Section 2. That existing sections 1337.12, 1337.13, 1337.17, and 2133.02 of
the Revised Code are hereby
repealed.
Section 3. (A) The amendments made by this act to sections
1337.12, 1337.13, and 1337.17 of the Revised Code do not
invalidate an otherwise valid durable power of attorney for health
care that was executed prior to the effective date of this act in
conformity with those sections as they existed on the date of the
execution of the durable power of attorney for health care.
(B) The amendments made by this act to section 2133.02 of the
Revised Code do not invalidate an otherwise valid declaration governing the
use or continuation, or the withholding or withdrawal, of life-sustaining
treatment that was executed prior to the effective date of this
act in conformity with that section as it existed on the date of
the execution of the declaration.
|