130th Ohio General Assembly
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H. B. No. 392As Introduced
As Introduced

125th General Assembly
Regular Session
2003-2004
H. B. No. 392


REPRESENTATIVES Wagner, Williams, McGregor, Latta, Hoops, Price, Seitz, Aslanides, G. Smith, Hollister, Kearns, Harwood, Perry, Raga, Walcher, Distel, DeGeeter, Collier, Schmidt, C. Evans, Faber, Ujvagi, Gilb, Reidelbach, Barrett, Allen



A BILL
To amend sections 2108.04, 2108.10, 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2108.04, 2108.10, 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)(1) 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:

Date

City and State

Witness Signature of Survivor

Witness Address 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. 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:
... YES, 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.
OR
... NO, I do not wish to donate all or any part of my body as an anatomical gift. (If this revokes a prior anatomical gift that I have made to a designated donee, I will attempt to notify the donee to which or to whom I agreed to donate all or part of my body.)
If I do not check either of the lines indicated above, no presumption is created about my desire to make or refuse to make an anatomical gift."
(C) 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, and 2133.07 of the Revised Code are hereby repealed.
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