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(123rd General Assembly)(Amended Substitute Senate Bill Number 188)
AN ACT
To amend sections 124.04, 2108.01, 2108.02, 2108.021, 2108.04, 2108.15, and
3301.07, to enact sections 313.30, 2108.17, 2108.18, 2108.19, 2108.20,
4501.024, and 4717.17, and to repeal section 2108.022 of the Revised Code to
make changes
to the law regarding anatomical gifts and to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 124.04, 2108.01, 2108.02, 2108.021, 2108.04, 2108.15,
and 3301.07 be amended and sections 313.30, 2108.17, 2108.18, 2108.19,
2108.20,
4501.024, and 4717.17 of the Revised Code be enacted to read as follows:
Sec. 124.04. In addition to those powers enumerated in
Chapters 123. and 125. of the Revised Code and as provided
elsewhere by law, the powers, duties, and functions of the
department of administrative services not specifically vested in
and assigned to, or to be performed by, the state personnel board
of review are hereby vested in and assigned to, and shall be
performed by, the director of administrative services.
These powers, duties, and functions shall include, but shall not be
limited to, the following powers, duties, and functions: (A) To prepare, conduct, and grade all competitive
examinations for positions in the classified state service; (B) To prepare, conduct, and grade all noncompetitive
examinations for positions in the classified state service; (C) To prepare eligible lists containing the names of
persons qualified for appointment to positions in the classified
state service; (D) To prepare or amend, in accordance with section 124.14
of the Revised Code, specifications descriptive of duties,
responsibilities, requirements, and desirable qualifications of
the various classifications of positions in the state service; (E) To allocate and reallocate, upon the motion of
the director or upon request of an appointing authority and in accordance
with section 124.14 of the Revised Code, any position, office, or employment
in the state service to the appropriate classification on the basis of the
duties, responsibilities, requirements, and qualifications of such position,
office, or employment; (F) To develop and conduct personnel recruitment services
for positions in the state service; (G) To conduct research on specifications,
classifications, and salaries of positions in the state service; (H) To develop and conduct personnel training programs in
cooperation with appointing authorities; (I) To include periodically in communications sent to state employees
information developed under section 2108.15 of the Revised Code
promoting the donation of anatomical gifts under Chapter 2108. of the Revised Code; (J) To enter into agreements with universities and
colleges for in-service training of personnel in the
civil
service; (J)(K) To appoint such examiners, inspectors, clerks, and
other assistants as are necessary in the exercise of the powers
and performance of the duties and functions which the director is
by law authorized and required to exercise and perform and to
prescribe the duties of all such employees;
(K)(L) To maintain a journal, which shall be open to public
inspection, in which the director shall keep a record of
the director's final decision pertaining to the
classification or reclassification of positions
in the state classified service and assignment or reassignment of
employees in the state classified service to specific position
classifications;
(L)(M) To delegate any of the powers, functions, or duties
granted
or assigned to the director under this chapter to any other
state agency of this state as the director considers
necessary;
(M)(N) To delegate any of the powers, functions, or duties
granted
or assigned to the director under this chapter to any political subdivision
with the concurrence of the legislative authority of the political
subdivision.
Sec. 313.30. A coroner may designate in writing an eye bank,
tissue bank, or both with which the coroner will cooperate concerning
retrieval of usable eyes and tissues that have been donated. an eye or tissue bank Designated under this section has the
property right specified in section 2108.02 of the Revised
Code. A coroner acting in good faith is not liable in damages for injury
resulting from acting or attempting to act in accordance with the
donor's declaration under section 2108.04 of the Revised
Code of
an anatomical gift. Sec. 2108.01. As used in sections 2108.01 to 2108.12
of
the Revised Code: (A) "Anatomical gift" means a donation of all or part of a
human body to take effect upon or after death. (B) "Decedent" means a deceased individual and includes a
stillborn infant or fetus. (C) If a will or other document by
which an anatomical gift is made includes a valid specification of the
intended donee, "donee" means the specified person or entity; otherwise,
"donee" means, in the case of organs, an organ procurement organization
that serves the region of the state where the body of the donor is
located or, in the case of tissue or eyes, an organization entitled by law to
recover the tissue or
eyes from the donor's body. (D) "Donor" means an individual who makes an anatomical
gift. (D)(E) "Hospital" means any hospital operated in this state
that is certified under Title XVIII of the "Social Security Act,"
49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or accredited by
the joint commission on accreditation of healthcare organizations
or the American osteopathic association. "Hospital" also means a
facility licensed, accredited, registered, or approved as a
hospital under the laws of any state, and includes a facility
operated as a hospital by a state or a subdivision of the state,
although not required to be licensed under state laws.
(E)(F) "Identification card" means an identification card
issued under sections 4507.50 and 4507.51 of the Revised Code.
(F)(G) "Part" means any portion of a human body.
(G)(H) "Tissue" means any body part other than an organ or
eye.
(H)(I) "Person" has the same meaning as in section 1.59 of
the Revised Code and also includes a government or governmental
subdivision or agency.
(I)(J) "Physician" or "surgeon" means an individual who is
licensed or authorized to practice medicine and surgery or
osteopathic medicine and surgery under the laws of any state.
(J)(K) "Recovery agency" means a nonprofit organization
incorporated under
Chapter 1702. of the Revised Code that is one of the following:
(1) An organ procurement organization designated by the
secretary of health and human services pursuant to Title XVIII of
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,
1320b-8, as amended; (2) An eye bank certified that is accredited by the eye bank
association of
America or that has applied for
accreditation, is in substantial compliance with accreditation
standards of the association, and since applying for accreditation
has been in operation for not longer than one year; (3) A tissue bank that is certified by the American
association of tissue banks or that has applied for certification
and, is in substantial compliance with certification standards
of the association, and since applying for certification has been in
operation for not longer than one year. Sec. 2108.02. (A) Any individual of sound mind may make
an anatomical gift for any purpose specified in section 2108.03
of the Revised Code, the anatomical gift to take effect upon his the
individual's
death, if either of the following conditions applies: (1) The individual is eighteen years of age or more; (2) The individual is less than eighteen years of age and
a parent or guardian of the individual signs a document pursuant
to division (B)(2) or a statement pursuant to division (C) of
section 2108.04 of the Revised Code. (B) Any of the following persons, in the order of priority
stated, when persons in prior classes are not available at the
time of death, and in the absence of actual notice of contrary
indications by the decedent or actual notice of opposition by a
member of the same or a prior class, may make an anatomical gift
of all or any part of the body of a decedent for any purpose
specified in section 2108.03 of the Revised Code: (1) The spouse; (2) An adult son or daughter; (3) Either parent; (4) An adult brother or sister; (5) A grandparent; (6) A guardian of the person of the decedent at the time
of his the decedent's death; (7) Any other person authorized or under obligation to
dispose of the body. (C) The donee shall not accept the anatomical gift if he the
donee
has actual notice of contrary indications by the decedent or if the
anatomical gift is made pursuant to division (B) of this section
and that
an anatomical gift by a member of a class is opposed by a member
of the same or a prior class. The persons authorized in division
(B) of this section may make the anatomical gift after or
immediately before death. (D) An anatomical gift authorizes any examination
necessary to ensure medical acceptability of the anatomical gift
for the purpose intended. (E) The rights of the donee created by the anatomical gift
are paramount to the rights of others except that a coroner or,
in his the coroner's absence, a deputy coroner, who has, under
section 313.13
of the Revised Code, taken charge of the decedent's dead body and
decided that an autopsy is necessary, has a right to the dead
body and any part that is paramount to the rights of the donee.
The coroner, or in his the coroner's absence, the deputy
coroner, may waive
this paramount right and permit the donee to take a donated part
if the donated part is or will be unnecessary for successful
completion of the autopsy or for evidence. If the coroner or
deputy coroner does not waive his this paramount right and later
determines, while performing the autopsy, that the donated part
is or will be unnecessary for successful completion of the
autopsy or for evidence, he the coroner or deputy coroner may
thereupon waive his the paramount
right and permit the donee to take the donated part, either
during the autopsy or after it is completed. (F) The donee has a property right in an anatomical gift donated
pursuant
to sections 2108.02 and 2108.04 of the Revised Code and may
enforce this right in an action for a declaratory JUDGMENT under
Chapter 2721. of the Revised Code
in the common pleas court of the county where the donor last resided or
died or the county where the donee resides. The court
shall give such an action precedence over other pending actions. (G) Nothing in this section shall be construed as requiring a
donee to accept an anatomical gift. Sec. 2108.021. (A) Every hospital shall develop and implement
a
written protocol consistent with 42
C.F.R. section 482.45 for facilitating
procurement of anatomical gifts in
consultation with all recovery agencies that work with the
hospital in procuring and realizing anatomical gifts. The
protocol shall include provisions under which the hospital shall
do all of the following: (1) Enter into an agreement with an organ procurement organization
that does all of the following:
(a) Provides for the hospital to give timely notice as provided
in division (B) of this section
that an individual's death is imminent or the
individual has died in
the hospital;
(b) Provides for the organ procurement organization to determine
the medical suitability of the potential donor for organ donation;
(c) On notification by the hospital of the death or
imminent death of a potential eye or tissue donor, provides for the organ
procurement organization or third party described in division (B) of
this section to notify in a timely manner the
eye and tissue banks the hospital has agreements with
under division (C) of this section;
(d) Unless an agreement the hospital has entered into with
an eye bank or tissue bank under division (C) of this section
provides for the eye or tissue bank to determine medical suitability of the
potential donor for eye or tissue donation, provides for the organ procurement
organization to determine
medical suitability of each potential donor for eye and tissue donations.
(2) Collaborate with the organ procurement organization
to establish a procedure for
requesting organ, eye, or tissue donations that ensures the family of each
potential donor is notified of the option to
donate organs, eyes, or tissues, or to decline to donate;
(3) Encourage discretion and sensitivity with respect to the
circumstances, opinions, and beliefs of the family of each potential
donor;
(4) Cooperate with the organ procurement organization and an eye
bank and a tissue bank to do all of the following:
(a) Educate staff on donation issues;
(b) Review death certificates and other records to improve
identification of potential donors;
(c) Maintain the body of each potential donor while necessary
testing and matching of potential donated organs, tissues, and eyes take
place.
(B) An organ procurement organization, in consultation and
agreement with the eye banks and tissue banks the hospital has agreements
with under division (C) of this section, may designate a
third party to receive the notice required under division
(A)(1)(a) of this section. If a third party is
designated in
accordance with this division, the agreement between the hospital and the
organ procurement organization shall specify
that the notice is to be given to the third party. If a third
party is not designated in accordance with this division, the
agreement between the hospital and the organ procurement
organization shall require the hospital to give the notice to the
organ procurement organization or a third party designated by the organ
procurement organization.
(C) Each hospital shall enter into an agreement with at least one
eye bank and at least one tissue bank with which the hospital will
cooperate to retrieve, process, preserve,
store, and distribute all usable eyes and tissues that have been
donated.
An agreement between a hospital and an eye bank
may provide for the eye bank to determine the
medical suitability of each potential donor for eye donation. An agreement
between a hospital and a tissue bank may provide for the tissue bank to
determine the medical suitability of each potential donor for tissue
donation.
Nothing in an agreement entered into under this division shall
interfere with the procurement of organs under an agreement entered
into under division (A)(1) of this section.
Sec. 2108.04. (A) An individual eighteen years of age or
older may make an anatomical gift by will under division (A) of
section 2108.02 of the Revised Code. The anatomical gift becomes
effective upon the death of the testator without waiting for
probate. If the will is not probated or if it is declared
invalid for testamentary purposes, the anatomical gift, to the
extent that it has been acted upon in good faith, is nevertheless
valid and effective. (B)(1) An individual may also make an anatomical gift
under division (A) of section 2108.02 of the Revised Code by a
document other than a will. The anatomical gift becomes
effective upon the death of the donor. The document, which may
be a card designed to be carried on the person, shall be signed
by the donor in the presence of two witnesses who shall sign the
document in his the donor's presence. If the donor cannot sign,
the document
may be signed for him the donor at his the donor's
direction and in the presence of two
witnesses, having no affiliation with the donee, who shall sign
the document in his the donor's presence. Delivery of the
document of gift
during the donor's lifetime is not necessary to make the
anatomical gift valid. (2) If a person less than eighteen years of age wishes to
make an anatomical gift under division (B)(1) of this section,
one of the witnesses who signs the document shall be a parent or
guardian of that person. (C) An anatomical gift under division (A) of section
2108.02 of the Revised Code may also be made by a designation, to
be provided for on all Ohio driver's or commercial driver's
licenses and motorcycle operator's licenses or endorsements, and
on all identification cards. The anatomical gift becomes
effective upon the death of the donor. The holder of the
driver's or commercial driver's license or endorsement, or the
holder of the identification card must sign a statement at the
time of application or renewal of the license, endorsement, or
identification card in the presence of two witnesses, who must
sign the statement in the presence of the donor; except that when
the holder of the license or card is less than eighteen years of
age, one of the witnesses who signs shall be a parent or guardian
of the holder. Delivery of the license or identification card
during the donor's lifetime is not necessary to make the
anatomical gift valid. Revocation or, suspension, or
expiration of the license
or endorsement will not invalidate the anatomical
gift. The
anatomical gift must be renewed upon renewal of each license,
endorsement, or identification card. If the statement is
ambiguous as to whether a general or specific anatomical gift is
intended by the donor, the statement shall be construed as
evidencing the specific anatomical gift only. (D) Except as provided in section 2108.07 of the Revised
Code, the donee or other person authorized to accept the
anatomical gift may employ or authorize any surgeon or physician
to carry out the appropriate procedures. (E) Any anatomical gift by a person specified in division
(B) of section 2108.02 of the Revised Code shall be made in one
of the following ways: (1) By a document signed by him the person; (2) By telegram; (3) By a telephone call in which two persons receive the
message and one of them prepares written documentation of the
message, or by a telephone call that is recorded mechanically or
electronically. (F) A valid declaration of an anatomical gift made
under division (A), (B), or (C) of this section
prevails over any contrary desires of the donor's family
regarding the donor's corpse, but nothing in this section shall be construed
as requiring a donee to accept an anatomical gift. Sec. 2108.15. (A) There is hereby created in the state treasury the
second chance trust fund. The fund shall consist of voluntary
contributions deposited as provided in sections 4506.081,
4507.231, and 4507.501 of the Revised Code. All investment
earnings of the fund shall be credited to the fund. (B) The director of health shall use the money in the fund only for
the following purposes: (A)(1) Development and implementation of a campaign that
explains
and promotes the second chance trust fund;
(B)(2) Development and implementation of a local
and statewide public
education program programs about organ, tissue, and eye
donation,
including the informational material required to be provided
under sections 4506.081, 4507.231, and 4507.501 of the Revised Code;
(C)(3) Development and implementation of local and
statewide donor
awareness programs in secondary schools;
(D)(4) Development and implementation of local and
statewide programs
to recognize donor families;
(E)(5) Development and distribution of materials promoting
organ, tissue, and eye donation;
(6) Cooperation with the Ohio Supreme
Court, Ohio State Bar Association, and law schools of this state
to more effectively educate attorneys about the donation of
anatomical gifts and to encourage them to assist their clients in
donating anatomical gifts through anatomical gift declarations,
durable powers of attorney for health care, declarations as
defined in section 2133.01 of the Revised Code, wills, and
any other appropriate means; (7) Cooperation with the state medical board, state medical,
osteopathic, and opthalmological associations, and colleges of medicine
and osteopathic medicine in this state to more effectively educate
physicians about the donation of anatomical gifts and to encourage
them to assist their patients in making declarations of anatomical
gifts; (8) Development and initial implementation of the donor registry
established pursuant to section 2108.18 of the Revised Code, except that the total amount
expended shall not exceed one hundred fifty thousand dollars; (9) Development of statewide hospital training programs to
encourage and facilitate compliance with the provisions of
section 2108.021 of the Revised Code concerning circumstances under which an
anatomical gift is required to be requested; (F)(10) Reimbursement of the bureau of
motor vehicles for the administrative costs incurred in the performance of
duties under sections 4506.081, 4507.231, and 4507.501 of the
Revised Code.;
(G) Payment of the compensation of a staff member of the
department of health for the staff member's time spent monitoring hospital
compliance with sections 2108.01 to 2108.09 of the Revised Code;
(H) Until December 31, 2000,
reimbursement (11) Reimbursement of the department
of health for administrative costs incurred in the performance of
duties under this section and section 2108.17 of the Revised
Code;
(12) Reimbursement of board members
of the second chance fund advisory committee for
actual and necessary expenses incurred in the performance of official duties. Until December 31, 2000, the
(C) The director shall make
the materials developed under division (B)(5) of this section
available to other state agencies.
(D) The director shall
consider recommendations made by the second chance
trust fund board advisory committee pursuant to section
2108.16 2108.17 of the Revised Code. Until December 31,
2000, the
The director shall
determine the appropriateness of and approve or disapprove projects
recommended by the board advisory committee for funding. On
and after
December 31, 2000, the director shall determine the appropriateness
of and approve or disapprove projects. The director shall and
approve or
disapprove the
disbursement of money from the second chance trust fund. Sec. 2108.17. (A) There is hereby created within the department
of health the
second chance trust fund advisory committee, consisting of eleven members.
The members shall include the following: (1) The chairs of the standing committees of the house of representatives
and senate with primary responsibilities for health legislation; (2) One representative of each
of the following appointed by the director of health: (a) An Ohio organ
procurement organization that is a member of the Organ
Procurement and
Transplantation Network; (b) An Ohio tissue bank
that is an accredited member of the American association
of tissue banks and is not affiliated with an organ procurement organization; (c) An Ohio eye bank that is
certified by the eye bank association of America and is not
affiliated with an organ procurement organization; (d) The Ohio solid organ transplantation consortium; (e) The Ohio hospital association; (f) The department of health. (3) Except as provided in division (D) of this section, three
members of the public appointed by the director who are not affiliated with
recovery agencies. (B) No two members appointed under divisions
(A)(2)(a), (b), and (c) of this
section shall be from the same organ procurement and distribution service area
designated by the United States secretary of health and
human services. (C) Of the members first appointed under division (A)(2)
of this section, the
representatives of the organ procurement organization, tissue
procurement organization, and eye bank shall serve terms of three years; the
representatives
of the department of health and Ohio
solid organ transplantation consortium shall serve terms of
two years; and the member representing the Ohio hospital association
shall serve a term of
one year. Thereafter, all members shall serve terms of three
years. (D) The members initially appointed under division
(A)(3) of this section shall be representatives of the following: (1) An organ procurement organization in Ohio designated by the
United States secretary of health and human services that is
not represented by the appointment under division
(A)(2)(a)
of this section; (2) an ohio tissue bank that is an accredited member of the
american association of tissue banks, not affiliated with an
organ procurement organization, and not represented by the appointment under
division (a)(2)(b) of this section; (3) An ohio eye bank that is certified by the eye bank
association of america, not affiliated with an organ procurement
organization, and
not represented by the appointment under division
(a)(2)(c) of this section. the three
members shall serve until the proposed rules
under section 2108.18 of the Revised Code are formulated. After
the initial appointments, the director shall appoint three members of the
public who are not affiliated with recovery agencies to serve terms of three
years. (E) No individual appointed under division (A)(2) or (3)
of this section shall serve more than two consecutive terms,
regardless of whether the terms were full or partial terms.
Each member shall serve from the date of appointment until the member's
successor is appointed. All vacancies on the committee shall be filled for
the balance of the unexpired term in the same manner as the original
appointment. (F) The committee shall annually elect a chairperson from among
its members and shall establish procedures
for the governance of its
operations. The committee shall meet at least semiannually. It
shall submit an annual report of its activities and
recommendations to the director of health. (G) Committee members shall serve without compensation,
but shall be reimbursed from the second chance trust fund for
all actual and necessary expenses incurred in the performance of official
duties. (H) The committee shall do all of the following: (1) Make recommendations to the director of health for projects
for funding from the second chance trust fund; (2) Consult with the registrar of motor vehicles
in formulating proposed rules under division (C)(1) of
section 2108.18 of the Revised Code; (3) As requested, consult with the registrar or director on other matters
related to organ donation. (I) The committee is not subject to section 101.84 of the Revised Code. Sec. 2108.18. (A) The bureau of motor vehicles shall develop and
maintain a donor registry that identifies each individual who has
agreed to
make an anatomical gift by
a designation on a driver's or commercial driver's
license or motorcycle operator's license or endorsement as
provided in division (C) of section 2108.04 of the Revised
Code. The registry shall be fully operational not later than
July 1, 2002. (B) The bureau shall maintain the registry in a manner that
provides to organ procurement organizations, tissue banks, and eye banks
immediate access to the
information in the registry twenty-four hours a day and seven days a
week. (C)(1) The registrar of
motor vehicles, in consultation with the director of health and the second
chance trust fund advisory committee created under section 2108.17 of the Revised Code, shall
formulate proposed rules that
specify all of the following: (a) The information to be included in the registry; (b) A process, in addition to that
provided for in section 2108.06 of the Revised Code, for an
individual to revoke the individual's intent to make an anatomical
gift and for updating information in the registry; (c) How the registry will be made available to organ procurement
organizations, tissue banks, and eye banks; (d) Limitations on the use of and access to the registry; (e) How information on organ, tissue, and eye donation will be
developed and disseminated to the public by the bureau and the department of
health; (f) Anything else the registrar considers appropriate. (2) In formulating the proposed rules
under this division, the registrar may consult
with any person or entity that expresses an interest in the
matters to be dealt with in the rules. (3) Following formulation of the proposed rules, but not later than
January 1, 2002, the registrar shall
adopt rules in accordance with Chapter 119. of the Revised Code. (D) The costs of developing and initially
implementing the registry shall be paid from the second chance trust fund
created in
section 2108.15 of the Revised Code. Sec. 2108.19. The bureau of motor vehicles shall maintain a
toll-free telephone number available twenty-four hours a day that
the public may use to obtain information on becoming an organ, tissue,
or eye donor as provided in section 2108.04 of the Revised
Code.
The bureau of motor vehicles shall pay the costs of maintaining the
toll-free telephone number. Sec. 2108.20. The bureau of motor vehicles, registrar of motor vehicles,
deputy registrars of motor vehicles, and agents and employees of the bureau of
motor vehicles are not liable for damages in any civil action or subject to
prosecution in a criminal proceeding for acting, attempting to act, or failing
to act in accordance with section 2108.18, 2108.19, or 4501.024 of the Revised Code,
unless the act,
attempt, or omission was committed or omitted with malicious purpose, in bad
faith, or in a wanton or reckless manner. Sec. 3301.07. The state board of education shall exercise
under the acts of the general assembly general supervision of the
system of public education in the state. In addition to the
powers otherwise imposed on the state board under the provisions
of law, the board shall have the following powers: (A) Exercise policy forming, planning, and evaluative
functions for the public schools of the state, and for adult
education, except as otherwise provided by law; (B) Exercise leadership in the improvement of public
education in this state, and administer the educational policies
of this state relating to public schools, and relating to
instruction and instructional material, building and equipment,
transportation of pupils, administrative responsibilities of
school officials and personnel, and finance and organization of
school districts, educational service centers, and territory. Consultative
and advisory services in such matters shall be provided by the board to school
districts and educational service centers of this state. The board also shall
develop a standard of financial reporting which shall be used by all school
districts and educational service centers to make their financial information
available
to the public in a format understandable by the average citizen
and provide year-to-year comparisons for at least five years. The format
shall show, among other things, district and educational service center
revenue by source; expenditures for salaries, wages, and benefits of
employees, showing such amounts separately for classroom
teachers, other employees required to hold licenses issued
pursuant to sections 3319.22 to 3319.31 of the Revised Code, and
all other employees; expenditures other than for personnel, by
category, including utilities, textbooks and other educational
materials, equipment, permanent improvements, pupil
transportation, extracurricular athletics, and other
extracurricular activities; and per pupil expenditures. (C) Administer and supervise the allocation and
distribution of all state and federal funds for public school
education under the provisions of law, and may prescribe such
systems of accounting as are necessary and proper to this
function. It may require county auditors and treasurers, boards
of education, educational service center governing boards, treasurers of such
boards, teachers, and other
school officers and employees, or other public officers or
employees, to file with it such reports as it may prescribe
relating to such funds, or to the management and condition of
such funds. (D) Formulate and prescribe minimum standards to be
applied to all elementary and secondary schools in this state for
the purpose of requiring a general education of high quality. Such standards
shall provide adequately for: a curriculum
sufficient to meet the needs of pupils in every community;
locally developed competency programs; the licensing of
teachers, administrators, and other professional personnel and
their assignment according to training and qualifications;
efficient and effective instructional materials and equipment,
including library facilities; the proper organization,
administration, and supervision of each school, including
regulations for preparing all necessary records and reports and
the preparation of a statement of policies and objectives for
each school; buildings, grounds, health and sanitary facilities
and services; admission of pupils, and such requirements for
their promotion from grade to grade as will assure that they are
capable and prepared for the level of study to which they are
certified; requirements for graduation; and such other factors as
the board finds necessary. In the formulation and administration of such standards for
nonpublic schools the board shall also consider the particular
needs, methods and objectives of those schools, provided they do
not conflict with the provision of a general education of a high
quality and provided that regular procedures shall be followed
for promotion from grade to grade of pupils who have met the
educational requirements prescribed. (E) Formulate and prescribe minimum standards for driver
education courses conducted at high schools in the state or by
educational service centers or joint vocational school district boards of
education. In the formulation of standards for driver education courses,
the board shall call upon the director of public safety for advice and
assistance. The standards shall require twenty-four hours of
classroom instruction, and eight hours of actual behind-the-wheel instruction
conducted on public streets and highways of this state, but shall not require
any additional hours of observation within a vehicle. The board
shall require energy conservation information as part
of the driver education curriculum. Such
information shall include, but need not be limited to, the
identification of inefficient driving techniques and improper
maintenance as they relate to decreased gas mileage, information
regarding the costs and benefits of different modes of travel,
and information concerning relative fuel economy and life-cycle
costs of new automobile purchases. The board also shall require financial
responsibility information as part of the driver education curriculum.
The board also may require as part of the health and driver education
curricula information developed under section 2108.15
of the Revised Code promoting the donation of anatomical gifts pursuant to Chapter
2108. of the Revised Code and provide the information to high schools, educational service
centers, and joint vocational school district boards of education. (F) Prepare and submit annually to the governor and the
general assembly a report on the status, needs, and major
problems of the public schools of the state, with recommendations
for necessary legislative action and a ten-year projection of the
state's public and nonpublic school enrollment, by year and by
grade level; (G) Prepare and submit to the director of budget and
management the biennial budgetary requests of the state board of
education, for its agencies and for the public schools of the
state; (H) Cooperate with federal, state, and local agencies
concerned with the health and welfare of children and youth of
the state; (I) Require such reports from school districts and educational service
centers, school
officers, and employees as are necessary and desirable. The
superintendents and treasurers of school districts and educational service
centers shall certify
as to the accuracy of all reports required by law or state board
or state department of education rules to be submitted by the
district or educational service center and which contain information necessary
for calculation of state funding. Any superintendent who knowingly falsifies
such report shall be subject to license revocation pursuant
to section 3319.31 of the Revised Code. (J) In accordance with Chapter 119. of the Revised Code,
adopt procedures, standards, and guidelines for the education of
handicapped children pursuant to Chapter 3323. of the Revised
Code, including procedures, standards, and guidelines governing
programs and services operated by county boards of mental
retardation and developmental disabilities pursuant to section
3323.09 of the Revised Code; (K) For the purpose of encouraging the development of
special programs of education for academically gifted children,
employ competent persons to analyze and publish data, promote
research, advise and counsel with boards of education, and
encourage the training of teachers in the special instruction of
gifted children. The board may provide financial assistance out
of any funds appropriated for this purpose to boards of education
and educational service center governing boards
for developing and conducting programs of education for
academically gifted children. (L) Require that all public schools emphasize and
encourage, within existing units of study, the teaching of energy
and resource conservation, beginning in the primary grades; (M) Formulate and prescribe minimum standards requiring
the use of phonics as a technique in the teaching of reading in
grades kindergarten through three. In addition, the state board
shall provide in-service training programs for teachers on the
use of phonics as a technique in the teaching of reading in
grades kindergarten through three. (N) Develop and modify as necessary a state plan for technology
to encourage and promote the use of technological advancements in educational
settings. The board may adopt rules necessary for carrying out any
function imposed on it by law, and may provide rules as are
necessary for its government and the government of its employees,
and may delegate to the superintendent of public instruction the
management and administration of any function imposed on it by
law. It may provide for the appointment of board members to
serve on temporary committees established by the board for such
purposes as are necessary. Permanent or standing committees
shall not be created. Sec. 4501.024. The bureau of motor vehicles shall do both of the
following: (A) Develop and maintain a donor registry as required by section
2108.18 of the Revised Code; (B) Maintain a toll-free telephone number as specified in section
2108.19 of the Revised Code. Sec. 4717.17. A funeral director may designate in writing an eye
bank, tissue bank, or both with which the funeral director will
cooperate concerning retrieval of usable eyes and tissues that have been
donated. An eye or tissue bank Designated under this section has the
property right specified in section 2108.02 of the Revised
Code. A funeral director acting in good faith is not liable in damages
for injury resulting from acting or attempting to act in accordance with
the donor's declaration under section 2108.04 of the Revised
Code
of an anatomical gift. SECTION 2 . That existing sections 124.04, 2108.01, 2108.02, 2108.021, 2108.04,
2108.15, and 3301.07 and section 2108.022 of the Revised Code are hereby
repealed.
SECTION 3 . (A) There is hereby created the Organ Donor Task Force. The task
force shall consist of the following members:
(1) The chairs of the standing committees of the House of Representatives and
Senate with primary responsibility for health legislation; (2) A representative of the Ohio State Bar Association; (3) Three persons appointed by the President of the Senate who are not members
of the General Assembly; (4) Three persons appointed by the Speaker of the House of Representatives
who
are not members of the General Assembly. (B) The task force shall do all of the following: (1) Recommend a form for expressing the intent to make an anatomical gift as
provided in division (C) of section 2108.04 of the Revised Code, to be
distributed by the Bureau of Motor Vehicles; (2) Recommend changes to the documents of gift set forth in
section 2108.10 of the Revised Code to ensure that they are suited
to carrying out their intended purposes; (3) Research the possibility of electronically connecting the
donor registry developed under section 2108.18 of the Revised Code
to donor registries outside Ohio; (4) Research the procedures used by a funeral director and an
individual authorized to remove organs, tissue, or eyes insofar as
the procedures used by one could interfere with those used by the
other; (5) Recommend, based on findings under division (B)(2) of this
section, methods to facilitate cooperation between funeral
directors and individuals authorized to remove organs, tissue, or
eyes so as to permit them to carry out their proper functions. (C) In making its recommendations, the task
force shall consider that the form may be distributed by the Bureau of Motor
Vehicles in conjunction with an
application for a driver's license or motorcycle operator's license. The task
force shall also consider and make recommendations concerning how the form may
be made available to hospitals and recovery agencies. (D) The task force shall, not later than September 1, 2001, submit a report
of its recommendations and research to the Speaker of the House of
Representatives and the President of the Senate. On submission of its final
report, the task force shall cease to exist. (E) Members of the task force shall serve without compensation but may be
reimbursed for their actual and necessary expenses in performing the official
duties of the task force. SECTION 4 . This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for the emergency is that
thousands of Ohioans currently await life-saving or life-enhancing
organ, tissue, or eye transplants. A single donor can impact
dozens of lives, and this act is intended to increase the
incidence of organ, tissue, and eye donation. Therefore, this act
shall go into immediate effect.
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