130th Ohio General Assembly
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(125th General Assembly)
(Substitute House Bill Number 392)



AN ACT
To amend sections 2108.04, 2108.10, 2108.17, 2108.18, and 2133.07 and to enact section 2133.16 of the Revised Code to permit a declarant of a declaration or living will to make an anatomical gift in the declaration and to make changes to the membership of the Second Chance Trust Fund Advisory Committee.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That sections 2108.04, 2108.10, 2108.17, 2108.18, and 2133.07 be amended and section 2133.16 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.

(3) An individual who is a declarant may make an anatomical gift under division (A) of section 2108.02 of the Revised Code by specifying in the declaration the intent of the declarant to make an anatomical gift as provided in section 2133.16 of the Revised Code. A declaration that specifies the intent of a declarant to make an anatomical gift and satisfies the requirements of section 2133.02 of the Revised Code is considered as having satisfied the requirements of division (B)(1) of this section. The declaration is subject to sections 2108.01 to 2108.12 of the Revised Code to the extent that the declaration specifies the intent of the declarant to make an anatomical gift.

As used in division (B)(3) of this section, "declarant" and "declaration" have the same meanings as in section 2133.01 of the Revised Code.

(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; except that when the holder of the license or card is less than eighteen years of age, 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.

(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;

(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. 2108.10.  (A) The document of gift provided for in division (B)(1) 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."

The statement of an anatomical gift provided for in division (B)(3) of section 2108.04 of the Revised Code and section 2133.16 of the Revised Code shall conform substantially to the form provided in division (B) of section 2133.07 of the Revised Code.

(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:


1.[ ]spouse;
2.[ ]adult son or daughter;
3.[ ]parent;
4.[ ]adult brother or sister;
5.[ ]grandparent;
6.[ ]guardian of the person;
7.[ ]person authorized to dispose of the body
 

2. I hereby give the following body parts:


[ ]heart[ ]liver[ ]skin[ ]middle ear
[ ]kidneys[ ]lung[ ]heart valves[ ]other ......
[ ]pancreas[ ]eyes[ ]bone/ligament
 


for:[ ]any purpose authorized by law
[ ]transplantation
[ ]therapy
[ ]medical research and education
 

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:


DateCity and State
WitnessSignature of Survivor
WitnessAddress of Survivor"

(C) The statement of gift provided for in division (C) of section 2108.04 of the Revised Code shall state the following:

"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. 2108.17.  (A) There is hereby created within the department of health the second chance trust fund advisory committee, consisting of eleven thirteen 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 A hospital to which both of the following apply:

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

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

(f) The department of health.

(3) Except as provided in division (D)(C) of this section, three members of the public appointed by the director who are not affiliated with recovery agencies;

(4) Two members appointed by the director who are either affiliated with recovery agencies or members of the public.

(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)(C) 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 (D) Members appointed under division (A)(2), (3), or (4) of this section shall be geographically and demographically representative of the state. No more than a total of three members appointed under divisions (A)(2), (3), and (4) of this section shall be affiliated with the same recovery agency or group of recovery agencies. Recovery agencies that recover only one type of organ, tissue, or part, as well as recovery agencies that recover more than one type of organ, tissue, or part, shall be represented.

No individual appointed under division (A)(2) or, (3), or (4) 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)(E) 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)(F) 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)(G) 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;

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

(I)(H) The committee is not subject to section 101.84 of the Revised Code.

Sec. 2108.18.  (A)(1) 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.

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

(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. 2133.07. (A) 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 a printed form of that nature, a declarant may authorize the use or continuation, or the withholding or withdrawal, of life-sustaining treatment should 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 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 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 and except as provided in division (B) of this section.

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

"ANATOMICAL GIFT (optional)

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

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.

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

(C)(1) A printed form of a declaration under division (A) of this section shall include, as a separate page or as a portion of a page that can be detached from the declaration, a donor registry enrollment form that permits the donor to be included in the donor registry created under section 2108.18 of the Revised Code.

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

"DONOR REGISTRY ENROLLMENT FORM (optional)

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

... Please include me in the donor registry.

... Please remove me from the donor registry.


Full Name (please print) .........................................
Mailing address ..................................................
..................................................................
..................................................................
Phone ................. Date of Birth ............................
Driver License or ID Card No. ....................................
Social Security No. ..............................................

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

OR

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



Purposes:

     ... Any purpose authorized by law

     ... Transplantation

     ... Therapy

     ... Research

     ... Education

     ... Advancement of medical science

     ... Advancement of dental science


.............................   ...................................
Signature of donor registrant   Date
Witness signature
Witness signature"

(D) As used in this section,:

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

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

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

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

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

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

(1) The declaration serves as a document other than a will in which a declarant makes an anatomical gift as provided in divisions (B)(1) and (3) of section 2108.04 of the Revised Code.

(2) The declaration is considered as having satisfied the requirements specified in divisions (B)(1) and (3) of section 2108.04 of the Revised Code to make an anatomical gift by a document other than a will.

(3) The declaration is subject to sections 2108.01 to 2108.12 of the Revised Code to the extent that the declaration specifies the intent of the declarant to make an anatomical gift.

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

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

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

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

SECTION 2. That existing sections 2108.04, 2108.10, 2108.17, 2108.18, and 2133.07 of the Revised Code are hereby repealed.

SECTION 3. Section 2133.07 of the Revised Code, as amended by this act, shall take effect 90 days after the effective date of this act.

SECTION 4. The amendments made by this act to section 2133.07 of the Revised Code do not affect an otherwise valid declaration governing the use, continuation, withholding, or withdrawal of life-sustaining treatment that was executed before the effective date of section 2133.07 of the Revised Code as amended by this act.

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