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H. B. No. 392As IntroducedAs Introduced
125th General Assembly | Regular Session | 2003-2004 |
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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; (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:
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Signature of Donor |
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Date of Birth of Donor |
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Date Signed |
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Witness |
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Witness |
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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:
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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:
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heart |
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liver |
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skin |
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middle ear |
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kidneys |
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lung |
[ ] |
heart valves |
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other ...... |
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pancreas |
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eyes |
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bone/ligament |
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for: |
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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:
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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
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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