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Sub. S. B. No. 158As Reported by the Senate Health, Human Services and Aging CommitteeAs Reported by the Senate Health, Human Services and Aging Committee
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Wachtmann, Hagan, Blessing, Armbruster, Prentiss
A BILL
To amend sections 2108.04, 2108.08, 2108.10, and
2108.15 and to enact section 2108.101 of the
Revised Code regarding organ donor
designations
made by persons over age 18 and use of
funds for
organ donor awareness programs in
schools and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2108.04, 2108.08, 2108.10, and
2108.15 be amended and section 2108.101 of the Revised Code be
enacted to read as follows:
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 the
donor's presence. If the donor cannot sign, the document may be
signed for the donor at the donor's direction and in the presence
of two witnesses, having no affiliation with the donee, who shall
sign the document in 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
the statement also shall be
signed by 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,
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 the person; (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. 2108.08. A person who in good faith acts, or attempts
to act, in
accordance with sections 2108.01 to 2108.12, 2108.15,
2108.17, and 2108.18 of the Revised Code, or the
anatomical gift
laws of another state, is not liable for damages in any civil
action or subject to prosecution in any criminal proceeding for
his act.
Sec. 2108.10. (A) The document of gift provided for in
division (B) of section 2108.04 of the Revised Code shall conform
substantially to the following form: "ANATOMICAL GIFT OF
...................................
(Print or type name of living donor)
In the hope that I may help others upon my death, I hereby
give
..................................... the following
body
parts: .............................................. for
any
purpose authorized by law: transplantation, therapy,
research, or
education. Signed by the donor and the following two witnesses in the
presence of each other: ................................................................. Signature of Donor
................................................................. Date of Birth of Donor
................................................................. Date Signed
................................................................. Witness
................................................................. Witness
This is a legal document under the Uniform Anatomical Gift Act or
similar laws." (B) The document of gift provided for in division (E) of
section 2108.04 of the Revised Code shall conform substantially
to
the following form: "ANATOMICAL GIFT BY A RELATIVE
OR THE GUARDIAN OF
THE PERSON OF A DECEDENT
I hereby make this anatomical gift from the body of
.................... (name) who died on ....................
(date) in .................... (city and state)
The marks in the appropriate squares and the words filled
into the blanks below indicate my relationship to the decedent
and
my desires respecting the anatomical gift. 1. I survive the decedent as:
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1. |
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spouse; |
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2. |
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adult son or daughter; |
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3. |
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parent; |
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4. |
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adult brother or sister; |
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5. |
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grandparent; |
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6. |
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guardian of the person; |
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7. |
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person authorized to dispose of the body |
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2. I hereby give the following body parts:
[ ] |
heart |
[ ] |
liver |
[ ] |
skin |
[ ] |
middle ear |
[ ] |
kidneys |
[ ] |
lung |
[ ] |
heart valves |
[ ] |
other ...... |
[ ] |
pancreas |
[ ] |
eyes |
[ ] |
bone/ligament |
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for: |
[ ] |
any purpose authorized by law |
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[ ] |
transplantation |
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[ ] |
therapy |
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[ ] |
medical research and education |
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3. After the donated organs, tissues, or eyes are removed, the
remains of the body shall be disposed of in the following manner:
........................; at the expense of the following person: .................................................................
Date .................... |
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City and State ............... |
......................... |
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.............................. |
Witness |
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Signature of Survivor |
.......................... |
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.............................. |
Witness |
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Address of Survivor" |
(C) The statement of gift provided for in division (C) of
section 2108.04 of the Revised Code
shall
conform substantially
to
state
the following
form: "I hereby make an anatomical gift, to be effective upon my
death, of: (A) [ ] Any needed body parts
(B) [ ] The following body part(s):
.................................................................
Date ...........................................................
Signature of donor .............................................
Witness .........................................................
Witness ........................................................"
Upon my death, I make an anatomical gift of organs, tissues, and
eyes for any purpose authorized by law."
The statement may be included on an application for a
driver's license, commercial driver's license, motorcycle
operator's license or endorsement, or state identification card.
The donor shall sign the statement or the application containing
the statement. If the donor is under eighteen years of age, a
parent or guardian of the donor also must sign the statement or
the application containing the statement.
Sec. 2108.101. Any anatomical gift designation made prior
to
the effective date of this section by a person eighteen years
old
or older that includes that person's signature is valid
regardless
of whether it has been witnessed.
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:
(1) Development and implementation of a campaign that
explains and promotes the second chance trust fund; (2) Development and implementation of local and statewide
public education 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;
(3) Development and implementation of local and statewide
donor awareness programs in
secondary schools; (4) Development and implementation of local and statewide
programs to recognize donor families;
(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 section 2108.021 of the
Revised Code concerning circumstances under which an anatomical
gift is required to be requested; (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;
(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 members of the second chance fund
advisory committee for actual and necessary expenses incurred in
the performance of official duties.
(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 advisory committee pursuant to section
2108.17 of the Revised Code. The director shall determine the
appropriateness of and approve or disapprove projects recommended
by the advisory committee for funding and approve or disapprove
the disbursement of money from the second chance trust fund.
Section 2. That existing sections 2108.04, 2108.08, 2108.10,
and 2108.15 of the Revised Code are hereby repealed.
Section 3. 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 such necessity is to
preserve the intent of persons who believe they have fully
expressed the intent to make an anatomical gift, but have not
obtained the necessary witnesses' signatures. Therefore, this act
goes into immediate effect.
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