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Sub. H. B. No. 529 As Reported by the House Health CommitteeAs Reported by the House Health Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Goodwin, Gardner, Wagner, Sears, Combs, Uecker, Flowers, McGregor, J., Evans, Zehringer, McGregor, R., Hite, Strahorn, Stebelton, Mecklenborg, Schindel, Jones, Boyd, DeBose, Letson, Fende, Hagan, R.
A BILL
To amend sections 124.04, 313.23, 2105.35, 2108.09,
2108.11, 2108.15, 2108.17,
2108.18, 2108.19,
2108.20, 2108.21, 2108.30,
2108.78, 2108.99,
2133.01, 2133.07, 2133.16,
2305.37, 2919.16,
3301.07,
4501.024, 4503.721,
4506.07, 4506.081,
4506.11,
4507.06, 4507.231,
4507.501, 4507.51,
4508.021,
and 4717.17, to
amend, for the purpose
of adopting
new section
numbers as indicated in
parentheses,
sections
2108.09 (2108.02), 2108.11
(2108.30),
2108.15
(2108.34), 2108.17 (2108.35),
2108.18
(2108.23),
2108.19 (2108.32), 2108.20
(2108.33),
2108.21
(2108.31), and 2108.30
(2108.40), to enact
new
sections 2108.01,
2108.03, 2108.04, 2108.05,
2108.06, 2108.07,
2108.08, 2108.09, 2108.10,
2108.11, 2108.12,
2108.15, 2108.17, 2108.18,
2108.19, 2108.20, and
2108.21, and sections
2108.13, 2108.14, 2108.16,
2108.22,
2108.24,
2108.25, 2108.26, 2108.261,
2108.262, 2108.263,
2108.264, 2108.265, 2108.266,
2108.267, 2108.268,
2108.269, 2108.27, 2108.271,
2108.272, 2108.28, and 2108.29
and to repeal
sections 2108.01, 2108.02,
2108.021, 2108.03,
2108.04, 2108.05, 2108.06,
2108.07, 2108.071,
2108.08, 2108.10, 2108.101,
2108.12, 2108.53, and
2108.60 of the Revised Code
to adopt the Revised
Uniform Anatomical Gift Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.04, 313.23, 2105.35, 2108.09,
2108.11, 2108.15, 2108.17, 2108.18, 2108.19,
2108.20, 2108.21,
2108.30, 2108.78, 2108.99, 2133.01, 2133.07,
2133.16, 2305.37,
2919.16,
3301.07, 4501.024, 4503.721, 4506.07,
4506.081,
4506.11, 4507.06,
4507.231, 4507.501, 4507.51,
4508.021, and
4717.17 be amended,
sections 2108.09 (2108.02),
2108.11
(2108.30), 2108.15 (2108.34),
2108.17 (2108.35), 2108.18
(2108.23), 2108.19 (2108.32), 2108.20
(2108.33), 2108.21
(2108.31), and 2108.30 (2108.40) be amended for
the purpose of
adopting new section numbers as indicated in
parentheses, and new
sections 2108.01, 2108.03, 2108.04, 2108.05,
2108.06, 2108.07,
2108.08, 2108.09, 2108.10, 2108.11, 2108.12,
2108.15,
2108.17,
2108.18, 2108.19, 2108.20, and 2108.21, and
sections
2108.13,
2108.14, 2108.16, 2108.22, 2108.24,
2108.25,
2108.26, 2108.261,
2108.262, 2108.263, 2108.264, 2108.265, 2108.266, 2108.267,
2108.268, 2108.269, 2108.27, 2108.271, 2108.272, 2108.28, and
2108.29
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
that 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,
including supervisory training programs and best practices plans,
and to develop merit hiring processes, in
cooperation with
appointing authorities;
(I) To include periodically in communications sent to state
employees
both of the following:
(1) Information developed under section 2108.15 2108.34 of
the
Revised Code promoting the donation of anatomical gifts under
Chapter 2108. of the Revised Code;
(2) Information about the liver or kidney donor and bone
marrow donor
leave granted under section 124.139 of the Revised
Code.
(J) To enter into agreements with universities and colleges
for in-service training of
officers and employees in the
civil
service
and to assist appointing authorities in recruiting
qualified applicants;
(K) To appoint
examiners, inspectors, clerks, and other
assistants
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
of those employees;
(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 classified civil service of
the state and
assignment or reassignment of employees in the
classified civil
service of the state to specific position
classifications;
(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;
(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. 313.23. (A) As used in this section:
(1) "Interested person" means an employee of the coroner's
office, a physician, dentist, nurse, professor at a medical
school, medical student, medical resident, nursing student, an
employee of a recovery agency procurement organization, a member
of a law enforcement agency, or any other person the coroner, in
the coroner's discretion, determines is appropriate.
(2) "Recovery agency Procurement organization" has the same
meaning as in section 2108.01 of the Revised Code.
(B) The coroner may allow an interested person to view an
autopsy of a decedent without the interested person receiving
permission to view the decedent's autopsy from the decedent's next
of kin.
(C) No person who is under eighteen years of age and who is
not an interested person may view an autopsy.
Sec. 2105.35. (A)(1) A person is dead if the person has
been
determined to be dead pursuant to standards established under
section 2108.30 2108.40 of the Revised Code.
(2) A physician who makes a determination of death in
accordance with section 2108.30 2108.40 of the Revised Code and
any person
who acts in good faith in reliance on a determination
of death
made by a physician in accordance with that section is
entitled to
the immunity conveyed by that section.
(B) A certified or authenticated copy of a death
certificate
purporting to be issued by an official or agency of
the place
where the death of a person purportedly occurred is
prima-facie
evidence of the fact, place, date, and time of the
person's death
and the identity of the decedent.
(C) A certified or authenticated copy of any record or
report
of a domestic or foreign governmental agency that a person
is
missing, detained, dead, or alive is prima-facie evidence of
the
status and of the dates, circumstances, and places disclosed
by
the record or report.
(D) In the absence of prima-facie evidence of death under
division (B) or (C) of this section, the fact of death may be
established by clear and convincing evidence, including
circumstantial evidence.
(E) Except as provided in division (F) of this section, a
presumption of the death of a person arises:
(1) When the person has disappeared and been continuously
absent from the person's place of last domicile for a five-year
period without being heard from during the period;
(2) When the person has disappeared and been continuously
absent from the person's place of last domicile without being
heard from and was at the beginning of the person's absence
exposed to a specific peril of death, even though the absence has
continued for less than a five-year period.
(F) When a person who is on active duty in the armed
services
of the United States has been officially determined to be
absent
in a status of "missing" or "missing in action," a
presumption of
death arises when the head of the federal
department concerned has
made a finding of death pursuant to the
"Federal Missing Persons
Act," 80 Stat. 625 (1966), 37 U.S.C.A.
551, as amended.
(G) In the absence of evidence disputing the time of death
stipulated on a document described in division (B) or (C) of this
section, a document described in either of those divisions that
stipulates a time of death one hundred twenty hours or more after
the time of death of another person, however the time of death of
the other person is determined, establishes by clear and
convincing evidence that the person survived the other person by
one hundred twenty hours.
(H) The provisions of divisions (A) to (G) of this
section
are in addition to any other provisions of the Revised
Code, the
Rules of Criminal Procedure, or the Rules of Evidence
that pertain
to the determination of death and status of a person.
Sec. 2108.01. As used in sections 2108.02 to 2108.35 of the
Revised Code:
(A) "Adult" means an individual who is at least eighteen
years of age.
(B) "Agent" means an individual who is either of the
following:
(1) The principal's attorney in fact under a durable power
of attorney for health care;
(2) Expressly authorized to make an anatomical gift on the
principal's behalf by any other record signed by the principal.
(C) "Anatomical gift" means a donation of all or part of a
human body to take effect after the donor's death for the purpose
of transplantation, therapy, research, or education.
(D) "Decedent" means a deceased individual whose body or part
is or may be the source of an anatomical gift. The term includes a
stillborn infant and, subject to restrictions imposed by law other
than sections 2108.01 to 2108.29 of the Revised Code, a fetus.
(E) "Disinterested witness" means a witness other than a
spouse, child, parent, sibling, grandchild, grandparent, or
guardian of the individual who makes, amends, revokes, or refuses
to make an anatomical gift, or another adult who exhibited special
care and concern for the individual. "Disinterested witness" does
not include a person to which an anatomical gift could pass under
section 2108.11 of the Revised Code.
(F) "Document of gift" means a donor card or other record
used to make an anatomical gift. "Document of gift" includes a
statement or symbol on a driver's license or identification card
or in the
donor registry.
(G) "Donor" means an individual whose body or part is the
subject of an anatomical gift.
(H) "Donor registry" means a database that contains records
of anatomical gifts and amendments to or revocations of anatomical
gifts.
(I) "Driver's license" means a license or permit issued by
the registrar of motor vehicles, or a deputy registrar, to operate
a vehicle, whether or not conditions are attached to the license
or permit and includes a driver's license, commercial driver's
license, and a motorcycle operator's license or endorsement.
(J) "Durable power of attorney for health care" means a
document created pursuant to sections 1337.11 to 1337.17 of the
Revised Code.
(K) "Eye bank" means a person conducting operations in this
state that is licensed, accredited,
or regulated under federal or
state law to engage in the recovery,
screening, testing,
processing, storage, or distribution of human
eyes or portions of
human eyes.
(L) "Guardian" means a person appointed by a court to make
decisions regarding the support, care, education, health, or
welfare of an individual. "Guardian" does not include a guardian
ad litem.
(M) "Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(N) "Identification card" means an identification card issued
by the registrar of motor vehicles or a deputy registrar.
(O) "Know" means to have actual knowledge.
(P) "Minor" means an individual who is under eighteen years
of age.
(Q) "Organ procurement organization" means a person
conducting operations in this state that is
designated by the
secretary of the United States department of
health and human
services as an organ procurement organization.
(R) "Parent" means a parent whose parental rights have not
been terminated.
(S) "Part" means an organ, an eye, or tissue of a human
being. "Part" does not include the whole body.
(T) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government or
governmental subdivision, agency, or instrumentality, or any other
legal or commercial entity.
(U) "Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery, or an individual authorized under the laws of any other
state to practice medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery.
(V) "Procurement organization" means an eye bank, organ
procurement organization, or tissue bank.
(W) "Prospective donor" means an individual who is dead or
near death and has been determined by a procurement organization
to have a part that could be medically suitable for
transplantation, therapy, research, or education. "Prospective
donor" does not include an individual who has made a refusal.
(X) "Reasonably available" means able to be contacted by a
procurement organization without undue effort and willing and able
to act in a timely manner consistent with existing medical
criteria necessary for the making of an anatomical gift.
(Y) "Recipient" means an individual into whose body a
decedent's part has been or is intended to be transplanted.
(Z) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form.
(AA) "Refusal" means a record created under section 2108.07
of
the Revised Code that expressly states an intent to bar other
persons from making an anatomical gift of an individual's body or
part.
(BB) "Sign" means to do either of the following with the
present intent to authenticate or adopt a record:
(1) Execute or adopt a tangible symbol;
(2) Attach to or logically associate with the record an
electronic symbol, sound, or process.
(CC) "Technician" means an individual determined to be
qualified to remove or process parts by an appropriate
organization that is licensed, accredited, or regulated under
federal or state law. "Technician" includes an enucleator and an
embalmer licensed
pursuant to Chapter 4717. of the Revised Code
who has completed a course in
eye enucleation and has received a
certificate of competency to that effect
from a school of medicine
recognized by the state medical board or from an eye
bank that is
a member of the eye bank association of America.
(DD) "Tissue" means a portion of the human body other than an
organ or an eye. "Tissue" does not include blood unless the blood
is donated for the purpose of research or education.
(EE) "Tissue bank" means a person conducting operations in
this state that is licensed,
accredited, or regulated under
federal or state law to engage in
the recovery, screening,
testing, processing, storage, or
distribution of tissue.
(FF) "Transplant hospital" means a hospital that furnishes
organ transplants and other medical and surgical specialty
services required for the care of transplant patients.
Sec. 2108.09 2108.02. Sections 2108.01 to 2108.09,
inclusive, 2108.29 of the Revised Code,
are enacted to adopt the
Revised Uniform Anatomical Gift Act (1968) (2006), national
conference of commissioners on uniform state laws, and shall be
construed so
as to effectuate its general purpose to make uniform
the law of those states
which enact it.
Sec. 2108.03. Sections 2108.01 to 2108.29 of the Revised
Code apply to an anatomical gift or amendment to, revocation of,
or refusal to make an anatomical gift, whenever made.
Sec. 2108.04. Subject to section 2108.08 of the Revised
Code, an anatomical gift of a donor's body or part may be made
during the life of the donor for the purpose of transplantation,
therapy, research, or education in the manner provided in section
2108.05 of the Revised Code by any of the following:
(A) The donor, if the donor is an adult or if the donor is a
minor and either of the following applies:
(1) The donor is emancipated.
(2) The donor is authorized to apply for a temporary
instruction permit issued under section 4507.05 of the Revised
Code because the donor is at least fifteen years and
six months
of age.
(B) An agent of the donor, unless the durable power of
attorney for
health care or other record prohibits the agent from
making an
anatomical gift;
(C) A parent of the donor, if the donor is an unemancipated
minor;
(D) The donor's guardian.
Sec. 2108.05. (A) A donor may make an anatomical gift by
doing any of the following:
(1) Authorizing a statement or symbol to be imprinted on the
donor's driver's license or identification card indicating that
the
donor has certified a willingness to make an anatomical gift;
(2) Specifying in the donor's will an intent to make an
anatomical gift;
(3) Specifying an intent to make an anatomical gift in the
donor's declaration as described in section 2133.16 of the Revised
Code;
(4) During a terminal illness or injury of the donor,
communicating in any manner to a minimum of two adults, at least
one of whom is a disinterested witness, that the donor intends to
make an anatomical gift;
(5) Following the procedure in division (B) of this section.
(B) A donor or other person authorized to make an anatomical
gift under section 2108.04 of the Revised Code may make a gift by
a donor card or other record signed by the donor or other person
making the gift or by authorizing that a statement or symbol
indicating that the donor has certified a willingness to make an
anatomical gift be included
in a donor registry. If the donor or
other person is physically
unable to sign a record, the record
may be signed by another
individual at the direction of the donor
or other person and shall
do both of the following:
(1) Be witnessed by at least two adults, at least one of whom
is a disinterested witness, who have signed at the request of the
donor or the other person;
(2) State that it has been signed and witnessed as provided
in division (B)(1) of this section.
(C) Revocation, suspension, expiration, or cancellation of a
driver's license or identification card upon which an anatomical
gift is indicated does not invalidate the gift.
(D) An anatomical gift made by will takes effect on the
donor's death whether or not the will is probated. Invalidation of
the will after the donor's death does not invalidate the gift.
Sec. 2108.06. (A) Subject to section 2108.08 of the Revised
Code, an anatomical gift made under section 2108.04 of the Revised
Code may be amended by any of the following means:
(1) By a record signed by the donor or other person
authorized to make an anatomical gift under section 2108.04 of the
Revised Code;
(2) Subject to division (C) of this section, by a record
signed by another individual acting at the direction of the donor
or other person authorized to make an anatomical gift under
section 2108.04 of the Revised Code if the donor or other person
is physically unable to sign;
(3) By a later-executed document of gift that amends a
previous anatomical gift or portion of an anatomical gift, either
expressly or by inconsistency;
(4) If not made in a will, by any form of communication
during a terminal illness or injury addressed to at least two
adults, at least one of whom is a disinterested witness;
(5) If made in a will, by the manner provided for amendment
of wills;
(6) By a parent who is reasonably available, if the donor is
an unemancipated minor who has died.
(B) Subject to section 2108.08 of the Revised Code, an
anatomical gift made under section 2108.04 of the Revised Code may
be revoked by any of the following means:
(1) By a record signed by the donor or other person
authorized to make an anatomical gift under section 2108.04 of the
Revised Code;
(2) Subject to division (C) of this section, by a record
signed by another individual acting at the direction of the donor
or other person authorized to make an anatomical gift under
section 2108.04 of the Revised Code if the donor or other person
is physically unable to sign;
(3) By a later-executed document of gift that revokes a
previous anatomical gift or portion of an anatomical gift, either
expressly or by inconsistency;
(4) If not made in a will, by any form of communication
during a terminal illness or injury addressed to at least two
adults, at least one of whom is a disinterested witness;
(5) If made in a will, by the manner provided for revocation
of wills;
(6) By a parent who is reasonably available, if the donor is
an unemancipated minor who has died;
(7) By the destruction or cancellation of the document of
gift, or the portion of the document of gift, used to make the
gift, with the intent to revoke the gift.
(C) A record signed pursuant to division (A)(2) or (B)(2) of
this section shall do both of the following:
(1) Be witnessed by a minimum of two adults, at least one of
whom is a disinterested witness, who have signed at the request of
the donor or other person;
(2) State that it has been signed and witnessed as provided
in division (C)(1) of this section.
Sec. 2108.07. (A) An individual may refuse to make an
anatomical gift of the individual's body or part by doing any of
the
following:
(1) Indicating a refusal in a record signed by either of the
following:
(b) Subject to division (B) of this section, another
individual acting at the direction of the individual, if the
individual is physically unable to sign.
(2) Indicating a refusal in the individual's will, whether or
not the will is
admitted to probate or invalidated after the
individual's death;
(3) Indicating a refusal by any form of communication made by
the individual during
the individual's terminal illness or injury
addressed to a minimum of
two adults, at least one of whom is a
disinterested witness.
(B) A record signed pursuant to division (A)(1)(b) of this
section shall do both of the following:
(1) Be witnessed by at least two adults, at least one of whom
is a disinterested witness, who have signed at the request of the
individual;
(2) State that it has been signed and witnessed as provided
in division (B)(1) of this section.
(C) An individual who has made a refusal may amend or revoke
the refusal by doing any of the following:
(1) Amending or revoking the refusal in the manner provided
in division (A) of this section for making a refusal;
(2) Subsequently making an anatomical gift pursuant to
section 2108.05 of the Revised Code that is inconsistent with the
refusal;
(3) Destroying or canceling the record evidencing the
refusal, or the portion of the record used to make the refusal,
with the intent to revoke the refusal.
(D) Except as provided in division (E) of this section, in
the absence of an express,
contrary indication by the individual
set forth in the refusal, an
individual's unrevoked refusal to
make an anatomical gift of the
individual's body or part bars all
other persons from making an
anatomical gift of the individual's
body or part.
(E) The parent of a deceased unemancipated minor who is
reasonably available may revoke a refusal made by the minor.
Sec. 2108.08. (A) Subject to division (F) of this section,
in the absence of an express, contrary indication by the donor, a
person other than the donor shall be barred from making, amending,
or revoking an anatomical gift of a donor's body or part if the
donor made an anatomical gift of the donor's body or part under
section 2108.05 of the Revised Code or an amendment to an
anatomical gift of the donor's body or part under section 2108.06
of the Revised Code.
(B) A donor's revocation of an anatomical gift of the donor's
body or part under section 2108.06 of the Revised Code is not a
refusal and shall not bar another person specified in section
2108.04 or 2108.09 of the Revised Code from making an anatomical
gift of the donor's body or part under section 2108.05 or 2108.10
of the Revised Code.
(C) If a person other than the donor makes an unrevoked
anatomical gift of the donor's body or part under section 2108.05
of the Revised Code or an amendment to an anatomical gift of the
donor's body or part under section 2108.06 of the Revised Code,
another person shall not make, amend, or revoke the gift of the
donor's body or part under section 2108.10 of the Revised Code.
(D) A revocation of an anatomical gift of a donor's body or
part under section 2108.06 of the Revised Code by a person other
than the donor shall not bar another person from making an
anatomical gift of the body or part under section 2108.05 or
2108.10 of the Revised Code.
(E) In the absence of an express, contrary indication by the
donor or other person authorized to make an anatomical gift under
section 2108.04 of the Revised Code, an anatomical gift of a part
is neither a refusal to give another part nor a limitation on the
making of an anatomical gift of another part at a later time by
the donor or another person.
(F) In the absence of an express, contrary indication by the
donor or other person authorized to make an anatomical gift under
section 2108.04 of the Revised Code, an anatomical gift of a part
for one or more of the purposes set forth in section 2108.04 of
the Revised Code shall not be a limitation on the making of an
anatomical gift of the part for any of the other purposes by the
donor or other person under section 2108.05 or 2108.10 of the
Revised Code.
Sec. 2108.09. (A) Subject to divisions (B) and (C) of this
section, and unless barred by section 2108.07 or 2108.08 of the
Revised Code, an anatomical gift of a decedent's body or part for
purpose of transplantation, therapy, research, or education may be
made in the manner provided for under section 2108.10 of the
Revised Code by any member of the following classes of persons who
is
reasonably available, in the following order of priority:
(1) An agent of the decedent at the time of death who could
have made an anatomical gift under division (B) of section 2108.04
of the Revised Code immediately before the decedent's death;
(2) The decedent's surviving spouse;
(3) The decedent's surviving adult children;
(4) The decedent's surviving parent or parents;
(5) The decedent's surviving adult siblings;
(6) The decedent's surviving adult grandchildren;
(7) The decedent's surviving grandparent or grandparents;
(8) A surviving adult who exhibited special care and concern
for the
decedent;
(9) The persons who were acting as the guardians of the
person of the decedent at the time of death;
(10) The persons, other than those in divisions (A)(1) to
(9) of this section, to whom the right of disposition for the
decedent's body has been assigned pursuant to section 2108.70 of
the Revised Code or who have the right of disposition for the
decedent's body as described in section 2108.81 of the Revised
Code.
(B) If there is more than one member of a class listed in
division (A)(1), (3), (4), (5), (6), (7), or (9) of this section
entitled to make an anatomical gift, an anatomical gift may be
made by a single member of the class unless that member or a
person to
which the gift may pass under section 2108.11 of the
Revised Code
knows of an objection by another member of the
class. If an
objection is known, the gift may be made only by a
majority of the
members of the class who are reasonably
available.
(C) A person shall not make an anatomical gift if, at the
time of the decedent's death, a person in a prior class under
division (A) of this section is reasonably available to make or
object to the making of an anatomical gift.
Sec. 2108.10. (A) A person authorized to make an anatomical
gift under section 2108.09 of the Revised Code may make an
anatomical gift by a document of gift signed by the person making
the gift or by that person's oral communication that is
electronically recorded or is contemporaneously reduced to a
record and signed by the individual receiving the oral
communication.
(B) Subject to division (C) of this section, an anatomical
gift made by a person authorized to make a gift under section
2108.09 of the Revised
Code may be amended or revoked orally or
in a record by any member
of a prior class who is reasonably
available. If more than one
member of the prior class is
reasonably available, the gift made
by a person authorized to
make a gift under section 2108.09 of the Revised Code
may be
amended if a majority of the reasonably available
members agree
to the amendment or revoked if at least half of the reasonably
available
members agree to the revocation.
(C) A revocation under division (B) of this section shall be
effective only if the procurement organization,
transplant
hospital, physician, or technician knows of the
revocation,
before an incision has been made to remove a
part from the
donor's body or before invasive procedures have
begun to prepare
the recipient.
Sec. 2108.11. (A) An anatomical gift may be made to any of
the following persons named in the document of gift:
(1) A hospital; an accredited medical school, dental school,
college, or university; an organ procurement organization; or
another appropriate person, for research or education;
(2) Subject to division (B) of this section, an individual
designated by the person making the anatomical gift if the
individual is the recipient of the part;
(3) An eye bank or tissue bank.
(B) If an anatomical gift to an individual under division
(A)(2) of this section cannot be transplanted into the individual,
the part shall pass in accordance with division (G) of this
section in the absence of an express, contrary indication by the
person making the anatomical gift.
(C) If an anatomical gift of one or more specific parts or of
all parts is made in a document of gift that does not name a
person described in division (A) of this section but identifies
the purpose for which an anatomical gift may be used, the
following rules apply:
(1) If the part is an eye and the gift is for the purpose of
transplantation or therapy, the gift shall pass to the appropriate
eye bank.
(2) If the part is tissue and the gift is for the purpose of
transplantation or therapy, the gift shall pass to the appropriate
tissue bank.
(3) If the part is an organ and the gift is for the purpose
of transplantation or therapy, the gift shall pass to the
appropriate organ procurement organization as custodian of the
organ.
(4) If the part is an organ, an eye, or tissue and the gift
is for the purpose of research or education, the gift shall pass
to the appropriate procurement organization.
(D) For the purpose of division (C) of this section, if there
is more than one purpose of an anatomical gift set forth in the
document of gift but the purposes are not set forth in any
priority, the gift shall be used for transplantation or therapy,
if suitable. If the gift cannot be used for transplantation or
therapy, the gift may be used for research or education.
(E) If an anatomical gift of one or more specific parts is
made in a document of gift that does not name a person described
in division (A) of this section and does not identify the purpose
of the gift, the gift shall be used only for transplantation or
therapy, and the gift shall pass in accordance with division (G)
of this section.
(F) If a document of gift specifies only a general intent to
make an anatomical gift by words such as "donor," "organ donor,"
or "body donor," or by a symbol or statement of similar import,
the gift shall be used only for transplantation or therapy, and
the gift shall pass in accordance with division (G) of this
section.
(G) For purposes of divisions (B), (E), and (F) of this
section, the following rules apply:
(1) If the part is an eye, the gift shall pass to the
appropriate eye bank.
(2) If the part is tissue, the gift shall pass to the
appropriate tissue bank.
(3) If the part is an organ, the gift shall pass to the
appropriate organ procurement organization as custodian of the
organ.
(H) An anatomical gift of an organ for transplantation or
therapy, other than an anatomical gift under division (A)(2) of
this section, shall pass to the organ procurement organization as
custodian of the organ.
(I) If an anatomical gift does not pass pursuant to divisions
(A) to (H) of this section, or the decedent's body or part is not
used for transplantation, therapy, research, or education, custody
of the body or part shall pass to the person to whom the right of
disposition for the decedent's body has been assigned pursuant to
section 2108.70 of the Revised Code or who has the right of
disposition for the decedent's body as described in section
2108.81 of the Revised Code.
(J) A person shall not accept an anatomical gift if the
person knows that the gift was not effectively made under section
2108.05 or 2108.10 of the Revised Code, or if the person knows
that the decedent made a refusal under section 2108.07 of the
Revised Code that was not revoked. For purposes of this division,
if a person knows that an anatomical gift was made on a document
of gift, the person is deemed to know of any amendment or
revocation of the gift or any refusal to make an anatomical gift
on the same document of gift.
(K) Except as otherwise provided in division (A)(2) of this
section, nothing in sections 2108.01 to 2108.29 of the Revised
Code affects the allocation of organs for transplantation or
therapy.
Sec. 2108.12. (A) The following persons shall make a
reasonable search of the body of an individual who the person
reasonably
believes is dead or near death for a document of gift
or other
information identifying the individual as a donor or as
an
individual who made a refusal:
(1) A law enforcement officer as defined in section 2901.01
of the Revised Code;
(2) A member of a fire department as defined in
section
4117.01 of the Revised Code;
(3) A holder of a certificate
issued under Chapter 4765. of
the Revised Code finding the
individual in the course of
employment.
(B) If a document of gift or refusal to make an anatomical
gift is located by the search required by division (A) of this
section, and the individual or deceased individual to whom it
relates is taken to a hospital, the person responsible for
conducting the search shall send the document of gift or refusal
to the hospital.
(C) A person is not subject to criminal or civil liability
for failing to discharge the duties imposed by this section but
may be subject to any of the following:
(1) Disciplinary action under a collective bargaining
agreement, if the person is covered by a collective bargaining
agreement entered into under Chapter 4117. of the Revised Code;
(2) Disciplinary action under section 124.34 of the Revised
Code, if the person is an officer or employee in the classified
service of this state or the counties, civil service townships,
cities, city health districts, general health districts, or city
school districts of this state;
(3) Disciplinary action by the person's employer.
Sec. 2108.13. (A) A document of gift need not be delivered
during the donor's lifetime to be effective.
(B) On or after an individual's death, a person in
possession of a document of gift or a refusal to make an
anatomical gift with respect to the individual shall allow
examination and copying of the document of gift or refusal by a
person authorized to make or object to the making of an anatomical
gift with respect to the individual or by a person to which the
gift could pass under section 2108.11 of the Revised Code.
Sec. 2108.14. (A) When a hospital employee or agent refers
an individual at or
near death to a procurement organization, the
organization shall
make a reasonable search of the records of the
bureau of motor
vehicles and any donor registry that it knows
exists for the
geographical area in which the individual resides
to ascertain
whether the individual has made an anatomical gift.
The bureau of motor vehicles shall allow the procurement
organization reasonable access to its records for purposes of
ascertaining whether the individual is a donor.
(B) When a hospital employee or agent refers an individual at
or near death to
a procurement organization, the organization may
conduct any
reasonable examination necessary to ensure the
medical suitability
of a part that is or could be the subject of
an anatomical gift
for transplantation, therapy, research, or
education from a donor
or prospective donor. During the
examination period, measures
necessary to ensure the medical
suitability of the part shall not
be withdrawn unless the
hospital or procurement organization knows
that the individual
expressed a contrary intent.
(C) Unless prohibited by law other than sections 2108.01 to
2108.25 of the Revised Code, at any time after a donor's death,
the person to which a part passes under section 2108.11 of the
Revised Code may conduct any reasonable examination necessary to
ensure the medical suitability of the body or part for its
intended purpose.
(D) Unless prohibited by law other than sections 2108.01 to
2108.29 of the Revised Code, an examination under division (B) or
(C) of this section may include an examination of all medical and
dental records of the donor or prospective donor.
(E) Upon the death of a minor who was a donor or had signed a
refusal, unless a procurement organization knows the minor is
emancipated, the procurement organization shall conduct a
reasonable search for the parents of the minor and provide the
parents with an opportunity to revoke or amend the anatomical gift
or revoke the refusal.
(F) Upon referral by a hospital under division (A) of this
section, a procurement organization shall make a reasonable search
for any person listed in section 2108.09 of the Revised Code
having an opportunity to make an anatomical gift on behalf of the
prospective donor. If a procurement organization receives
information that an anatomical gift to any other person was made,
amended, or revoked, it shall promptly advise the other person of
all relevant information.
Sec. 2108.15. Subject to division (I) of section 2108.11 and
sections
2108.26 to 2108.272 of the Revised Code, the rights of
the person to
which a
part passes under section 2108.11 of the
Revised Code
shall be
superior to the rights of all others with
respect to the
part. The
person may accept or reject an
anatomical gift in whole
or in
part. Subject to the terms of the
document of gift and
sections
2108.01 to 2108.29 of the Revised
Code, a person that
accepts an
anatomical gift or an entire body
may allow embalming,
burial, or
cremation, and use of remains in
a funeral service. If
the gift is
of a part, the person to whom
the part passes under
section
2108.11 of the Revised Code, upon
the death of the donor
and
before embalming, burial, or
cremation, shall cause the part
to be
removed without
unnecessary mutilation.
Sec. 2108.16. (A) Except as provided in division (B) of this
section, a physician or technician may remove a donated part from
the body of a donor that the physician or technician is qualified
to remove.
(B) Neither the physician who attends the decedent at death
nor the physician who determines the time of the decedent's death
shall participate in the procedures for removing or transplanting
a part from the decedent.
Sec. 2108.17. Each hospital in this state shall enter into
agreements or affiliations with procurement organizations for
coordination of procurement and use of anatomical gifts.
Sec. 2108.18. (A) Except as otherwise provided in division
(B) of this section, no person shall, for valuable consideration,
knowingly purchase or sell a part for transplantation or therapy
if removal of a part from an individual is intended to occur after
the individual's death.
(B) A person may charge a reasonable amount for the removal,
processing, preservation, quality control, storage,
transportation, implantation, or disposal of a part.
Sec. 2108.19. No person shall intentionally falsify, forge,
conceal, deface, or obliterate a document of gift, an amendment or
revocation of a document of gift, or a refusal in order to obtain
a financial gain.
Sec. 2108.20. (A) A person who acts in accordance with
sections 2108.01 to 2108.29 of the Revised Code or with the
applicable anatomical gift laws of another state, or attempts in
good faith to do so, is not liable for the act in a civil action,
criminal prosecution, or administrative proceeding.
(B) Neither the person making the anatomical gift nor the
donor's estate is liable for any injury or damage that results
from the making or use of the gift.
Sec. 2108.21. In determining whether an anatomical gift has
been made,
amended, or revoked under sections 2108.01 to 2108.29
of the
Revised Code, a person may rely upon representations of an
individual listed in division (A)(2), (3), (4), (5), (6), (7), or
(8) of section 2108.09 of the Revised Code relating to the
individual's relationship to the donor or prospective donor unless
the person knows that the representation is untrue.
Sec. 2108.22. (A) A document of gift is valid if executed in
accordance with any of the following:
(1) Sections 2108.01 to 2108.29 of the Revised Code;
(2) The laws of the state or country where it was executed;
(3) The laws of the state or country where the person making
the anatomical gift was domiciled, has a place of residence, or
was a resident or national at the time the document of gift was
executed.
(B) If a document of gift is valid under this section, the
law of this state shall govern the interpretation of the document
of gift.
(C) A person may presume that a document of gift or amendment
of an anatomical gift is valid unless that person knows that it
was not validly executed or was revoked.
Sec. 2108.18 2108.23. (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)(A)(1) of section 2108.04 2108.05 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)(D)(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 2108.35 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 accordance
with division (B) of 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 adopting 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 2108.34 of the Revised Code.
Sec. 2108.24. (A) As used in this section:
(1) "Advance health-care directive" means a durable power of
attorney for health care or a record signed by a prospective donor
containing the prospective donor's direction concerning a
health-care decision.
(2) "Declaration" means a written document executed in
accordance with section 2133.02 of the Revised Code.
(3) "Health care decision" means any decision regarding the
health care of the prospective donor.
(B) If a prospective donor has a declaration or advance
health-care directive the terms of which are in conflict with the
express or implied terms of a potential anatomical gift with
regard to administration of measures necessary to ensure the
medical suitability of a part for transplantation or therapy and
the prospective donor is capable of resolving the conflict,
subject to division (G) of this section, the prospective donor's
attending physician shall confer with the prospective donor to
resolve the conflict.
(C) If a prospective donor has a declaration or advance
health-care directive the terms of which are in conflict with the
express or implied terms of a potential anatomical gift with
regard to administration of measures necessary to ensure the
medical suitability of a part for transplantation or therapy and
the prospective donor is incapable of resolving the conflict, one
of the following shall apply depending on the circumstances:
(1) If the prospective donor has an agent, the agent shall,
subject to division (G) of this section, act for the prospective
donor to resolve the conflict.
(2) If the prospective donor does not have an agent, the
individual or class of
individuals determined in the following
descending order of
priority and subject to divisions (D), (E),
(F), and (G) of this
section shall act for the prospective donor
to resolve the
conflict:
(a) The prospective donor's surviving spouse;
(b) The prospective donor's surviving adult children;
(c) The prospective donor's surviving parent or parents;
(d)
The prospective donor's surviving adult siblings;
(e) The prospective donor's surviving adult grandchildren;
(f) The prospective donor's surviving grandparent or
grandparents;
(g)
A surviving adult who exhibited special care and concern
for the prospective donor;
(h) The prospective donor's guardians of the person;
(i) The persons, other than those in divisions (C)(2)(a) to
(h) of this section, to whom the prospective donor has assigned
the right of disposition for the prospective donor's body pursuant
to section 2108.70 of the Revised Code or who have the right of
disposition for the prospective donor's body at the time of death
as described in section 2108.81 of the Revised Code.
(D) If an appropriate individual entitled to resolve a
conflict between the terms of a prospective donor's declaration or
advance health-care directive and the express or implied terms of
a potential anatomical gift as described in division (C) of this
section is not reasonably available to resolve the conflict, is
incapacitated, or declines to resolve the conflict, the next
priority individual or class of individuals specified in that
division is authorized to resolve the conflict.
(E) If at least one individual in a class of individuals
entitled to resolve a conflict between the terms of a prospective
donor's declaration or advance health-care directive and the
express or implied terms of a potential anatomical gift is not
reasonably available, is incapacitated, or declines to resolve the
conflict, the conflict shall be resolved by the individual or
individuals in the class who are reasonably available, not
incapacitated, and willing to resolve the conflict.
(F) If individuals in a class of individuals determined in
accordance with division (C)(2) of this section disagree on how a
conflict between the terms of a prospective donor's declaration or
advance health-care directive and the express or implied terms of
a potential anatomical gift should be resolved, the opinion of the
majority of the individuals who are reasonably available, not
incapacitated, and are willing to resolve the conflict shall
prevail.
(G) A conflict between the terms of a prospective donor's
declaration or directive and the express or implied terms of a
potential anatomical gift with regard to the administration of
measures necessary to ensure the medical suitability of a part for
transplantation or therapy shall be resolved as expeditiously as
possible. Information relevant to the resolution of the conflict
may be obtained from the appropriate procurement organization and
any other person authorized to make an anatomical gift for the
prospective donor under section 2108.09 of the Revised Code.
Before resolution of the conflict, measures necessary to ensure
the medical suitability of the part shall not be withheld or
withdrawn from the prospective donor unless withholding or
withdrawing the measures is necessary for appropriate end-of-life
care.
Sec. 2108.25. As used in this section, "coroner" includes a
medical
examiner.
A coroner shall cooperate with procurement
organizations as
described in sections 2108.26 to 2108.271 of the Revised Code to
maximize the opportunity to recover anatomical
gifts for the
purpose of transplantation, therapy, research, or
education.
Sec. 2108.26. As used in this section and sections 2108.261
to 2108.27 and section 2108.272 of the Revised Code, "coroner"
has the
same meaning
as in section 2108.25 of the Revised Code.
On request of a procurement
organization, a coroner
shall,
if such information is available,
release to the procurement
organization the name, contact
information, and available medical
and social history of a
decedent whose body is under the
jurisdiction of the coroner.
If
the decedent's body or part is
medically suitable for
life-saving
organ transplantation or
therapy, the coroner shall
release
post-mortem examination
results to the procurement
organization.
The procurement
organization shall make a
subsequent disclosure
of
the post-mortem
examination results or
other information
received
from the coroner
only if relevant to
life-saving organ
transplantation or therapy.
Sec. 2108.261. A coroner may conduct a medicolegal
examination by
reviewing all medical records, laboratory test
results, x-rays,
other diagnostic results, and other information
that any person
possesses about a donor or prospective donor
whose body is under
the jurisdiction of the coroner which the
coroner determines may
be relevant to the investigation.
Sec. 2108.262. A person that has any information requested by
a coroner
pursuant to section 2108.26 of the Revised Code shall
provide that
information as expeditiously as possible to allow
the coroner to
conduct the medicolegal investigation within a
period compatible
with the preservation of parts for the purpose
of life-saving
organ transplantation or
therapy.
Sec. 2108.263. If either of the following are true, a
coroner and
procurement organization shall cooperate in the
timely removal of
a part from the decedent for the purpose of
life-saving organ
transplantation or therapy:
(A) An anatomical gift has been or might be made of a part of
a decedent whose body is under the jurisdiction of the coroner and
a post-mortem examination or autopsy is not required.
(B) The decedent has been referred to the coroner for
post-mortem examination, it is determined that an autopsy is
required, and after consultation with the prosecuting attorney, if
a consultation is necessary, it
is determined that the recovery
of the parts that are the subject
of an anatomical gift will not
interfere with the autopsy.
Sec. 2108.264. If an anatomical gift of a part from a
decedent under
the jurisdiction of the coroner has been or might
be made and,
after any necessary consultation with the
prosecuting attorney, it
is determined
that the recovery of the
part could
interfere with
the
determination of the decedent's
cause or manner of death,
the
coroner shall communicate with the
procurement organization or
physician or technician designated by
the procurement
organization about the proposed recovery. The
procurement
organization shall provide the coroner with all
information the procurement organization has that could relate to
the cause or
manner of death. The coroner shall allow the
recovery unless the
coroner reasonably believes that the part or
the decedent's intact
body is needed for law enforcement
purposes.
Sec. 2108.265. A coroner and a procurement
organization
shall enter
into an agreement establishing protocols
and
procedures governing
the relations between them when an
anatomical gift of a part from
a decedent whose body is under the
jurisdiction of the coroner
has been or might be made, but the
coroner believes that the
recovery of the part could interfere
with the post-mortem
investigation into the decedent's cause or
manner of death.
Decisions regarding the recovery of the part
from
the decedent
shall be made in accordance with the
agreement. The
coroner and
procurement organization shall
evaluate the
effectiveness of the
agreement at regular intervals
but not less than every two years.
Sec. 2108.266. In the absence of an agreement entered into
under section 2108.265 of the Revised Code establishing
protocols
and procedures governing the relations between a
coroner and a
procurement
organization, if the coroner intends
to deny
recovery
of an organ for transplantation or therapy from a
decedent whose body is under the jurisdiction of the coroner, the
coroner
or the
coroner's designee, at the request of the
procurement
organization, shall attend the removal
procedure for
the organ
before making a final determination not
to allow the
procurement
organization to recover the organ.
During the
removal procedure,
the coroner or the coroner's
designee may
allow recovery by the
procurement organization to
proceed, or,
if the coroner or the
coroner's designee reasonably
believes
that the organ may be
involved in determining the
decedent's
cause or manner of death or
that the organ or the
decedent's
intact body is needed for law
enforcement purposes,
deny
recovery by the procurement
organization.
A coroner may designate another coroner or employees of
another coroner's office to act on the coroner's behalf under this
section.
Sec. 2108.267. (A) Except as provided in division (B) of this
section, if the coroner or the coroner's designee denies recovery
of an organ, tissue, or eye from a decedent whose body is under
the jurisdiction of the coroner, the coroner or designee shall do
all of the following:
(1) Explain in a record the specific reasons for not allowing
recovery of the part;
(2) Include in the records of the coroner the specific
reasons for not allowing recovery of the part;
(3) Provide a record with the specific reasons for not
allowing recovery of the part to the procurement organization.
(B) The requirements of division (A) of this section do not
apply when a coroner or designee denies recovery of an organ from
a decedent under two years of age.
Sec. 2108.268. If a procurement organization refuses to
accept an anatomical gift of a part from a decedent whose body is
under the jurisdiction of a coroner, the organization shall
explain to the coroner, in writing, the organization's reasons for
not accepting the part.
Sec. 2108.269. If the coroner or the coroner's designee
allows recovery
of a part under section 2108.263, 2108.264,
2108.265, or 2108.266 of the Revised Code,
the
procurement
organization shall, on the coroner's request, cooperate with the
coroner in
any
documentation of injuries and the preservation
and collection
of
evidence prior to and during the recovery of
the part and shall
provide the coroner with a
record describing
the
condition of
the part, a biopsy, a
photograph, and any
other
information and
observations that would
assist in the
post-mortem
examination.
Sec. 2108.27. If a coroner or a coroner's designee is able
to attend a removal procedure under section 2108.266 of the
Revised Code,
on request of the coroner or coroner's designee the
procurement organization requesting the
recovery
of the organ
shall reimburse the office of the coroner
for the additional costs
incurred in attending the removal procedure.
Any reimbursement
made under this section shall be applied
directly to, and used
only for the purpose of, offsetting the
salary, wages, and
expenses of the coroner's office.
Sec. 2108.271. Any recovery or removal procedure conducted
under section 2108.263, 2108.264, 2108.265, or 2108.266 of the
Revised Code shall be conducted
within a period compatible with
the preservation of parts for the
purpose of transplantation,
therapy, research, or education.
Sec. 2108.272. A coroner or coroner's designee shall not be
subject to liability in tort or other civil action for denying
recovery of a part from a decedent whose body is under the
jurisdiction of the coroner.
Sec. 2108.28. In applying and construing the Revised Uniform
Anatomical Gift Act enacted in sections 2108.01 to 2108.29 of the
Revised Code, consideration shall be given to the need to promote
uniformity of the law with respect to its subject matter among
states that enact it.
Sec. 2108.29. This section and sections 2108.01 to 2108.28
of the Revised
Code modify, limit, and supersede the "Electronic
Signatures in
Global and National Commerce Act," 15 U.S.C. 7001
et seq., but do
not modify, limit, or supersede section 101(a) of
that act, 15
U.S.C. 7001, or authorize electronic delivery of any
of the
notices described in division 103(b) of that act, 15
U.S.C.
7003(b).
Nothing in this section, or sections 2108.01 to 2108.28 of
the Revised Code, negates the applicability of sections 1306.01 to
1306.15 of the Revised Code to this section or sections 2108.01 to
2108.28 of the Revised Code.
Sec. 2108.11 2108.30. Subject to the prohibition in section
2108.12 2108.18 of the Revised
Code, the procuring, furnishing,
donating, processing, distributing, or using of
human whole blood,
plasma, blood products, blood derivatives, and products,
corneas,
bones, organs, or other human tissue except hair, for the purpose
of
injecting, transfusing, or transplanting the fluid or body part
in another
human
body, is considered for all purposes as the
rendition of a service by every
person participating in the act
and not a sale of any such fluid or body part.
No warranties of
any kind or description are applicable to the act.
Sec. 2108.21 2108.31. Any person seventeen years of age or
older may donate blood in
a voluntary blood program, which is not
operated for profit, without consent
of his the person's parent or
guardian. Before obtaining blood
donations from students at
high
schools, joint vocational schools, or technical schools, a blood
program
shall arrange for the dissemination of written donation
information to
students to be shared with their parents or
guardians. This information shall
include a statement that the
students will be requested to donate blood.
Sec. 2108.19 2108.32. 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 2108.05
of the Revised Code. The bureau of motor vehicles shall pay the
costs of maintaining the toll-free telephone number.
Sec. 2108.20 2108.33. 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 2108.23,
2108.32, 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. 2108.15 2108.34. (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
4503.721, 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
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 ophthalmological 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 sections
2108.14 and 2108.15 of the
Revised Code concerning circumstances
under which an anatomical
gift is required to be requested;
(10)(9) 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)(10) Reimbursement of the department of health for
administrative costs incurred in the performance of duties under
this section and section 2108.17 2108.35 of the Revised Code;
(12)(11) 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 2108.35 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.
Sec. 2108.17 2108.35. (A) There is hereby created within the
department of health the second chance trust fund advisory
committee, consisting of 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;
(c) An Ohio eye bank that is certified by the eye bank
association of America;
(d) The Ohio solid organ transplantation consortium;
(e) 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 (C) of this section,
three
Three members of the public appointed by the director who are not
affiliated with recovery agencies procurement organizations;
(4) Two members appointed by the director who are either
affiliated with recovery agencies procurement organizations or
members of the public.
(B) 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.
(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.
(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 procurement
organization or group of recovery agencies procurement
organizations. Recovery agencies Procurement organizations that
recover only one type of organ, tissue, or part, as well as
recovery agencies procurement organizations that recover more than
one type of organ, tissue, or part, shall be represented.
No individual appointed under division (A)(2), (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.
(E)(D) 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.
(F)(E) 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.
(G)(F) 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 2108.23 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.
(H)(G) The committee is not subject to section 101.84 of the
Revised Code.
Sec. 2108.30 2108.40. An individual is dead if he the
individual has
sustained
either irreversible cessation of
circulatory and respiratory
functions or irreversible cessation of
all functions of the
brain, including the brain stem, as
determined in accordance with
accepted medical standards. If the
respiratory and circulatory
functions of a person are being
artificially sustained, under
accepted medical standards a
determination that death has
occurred is made by a physician by
observing and conducting a
test to determine that the irreversible
cessation of all
functions of the brain has occurred.
A physician who makes a determination of death in
accordance
with this section and accepted medical standards is
not liable for
damages in any civil action or subject to
prosecution in any
criminal proceeding for his the physician's
acts or the acts
of
others based on that determination.
Any person who acts in good faith in reliance on a
determination of death made by a physician in accordance with
this
section and accepted medical standards is not liable for
damages
in any civil action or subject to prosecution in any
criminal
proceeding for his the person's actions.
Sec. 2108.78. If a declarant or deceased adult has made a
valid declaration of an anatomical gift by will or any other
document or means described in section 2108.04 under sections
2108.01 to 2108.29 of the Revised Code, any person to whom the
declarant has assigned the right of disposition under section
2108.70 of the Revised Code, or who has the right as described in
section 2108.81 of the Revised Code, is bound by the declaration
of the anatomical gift and must follow the instructions associated
with the gift before making any decisions or taking any other
actions associated with the right.
Sec. 2108.99. Whoever violates division (A) of section
2108.12 2108.18 or section 2108.19 of the Revised Code is guilty
of unlawful transfer of body parts, a felony of the fifth third
degree.
Sec. 2133.01. Unless the context otherwise requires, as
used
in sections 2133.01 to 2133.15 of the Revised Code:
(A) "Adult" means an individual who is eighteen years of
age
or older.
(B) "Attending physician" means the physician to whom a
declarant or other
patient, or the family of a declarant or other
patient, has assigned primary
responsibility for the treatment or
care of the declarant or other patient,
or, if the responsibility
has not been assigned, the physician who has
accepted that
responsibility.
(C) "Comfort care" means any of the following:
(1) Nutrition when administered to diminish the pain or
discomfort of a declarant or other patient, but not to postpone
the declarant's or other patient's death;
(2) Hydration when administered to diminish the pain or
discomfort of a declarant or other patient, but not to postpone
the declarant's or other patient's death;
(3) Any other medical or nursing procedure, treatment,
intervention, or other measure that is taken to diminish the pain
or discomfort of a declarant or other patient, but not to postpone
the declarant's or other patient's death.
(D) "Consulting physician" means a physician who, in
conjunction with the attending physician of a declarant or other
patient, makes one or more determinations that are required to be
made by the attending physician, or to be made by the attending
physician and one other physician, by an applicable provision of
this chapter, to a reasonable degree of medical certainty and in
accordance with reasonable medical standards.
(E) "Declarant" means any adult who has executed a
declaration in accordance with section 2133.02 of the Revised
Code.
(F) "Declaration" means a written document executed in
accordance with section 2133.02 of the Revised Code.
(G) "Durable power of attorney for health care" means a
document created pursuant to sections 1337.11 to 1337.17 of the
Revised Code.
(H) "Guardian" means a person appointed by a probate court
pursuant to Chapter 2111. of the Revised Code to have the care
and
management of the person of an incompetent.
(I) "Health care facility" means any of the following:
(2) A hospice care program or other institution that
specializes in comfort care of patients in a terminal condition
or
in a permanently unconscious state;
(3) A nursing home or residential care facility, as defined
in section
3721.01 of the Revised Code;
(4) A home health agency and any residential facility where a
person is
receiving care under the direction of a home health
agency;
(5) An intermediate care facility for the mentally
retarded.
(J) "Health care personnel" means physicians, nurses,
physician assistants,
emergency medical technicians-basic,
emergency medical
technicians-intermediate, emergency medical
technicians-paramedic, medical
technicians, dietitians, other
authorized persons acting under the direction
of an attending
physician, and administrators of health care facilities.
(K) "Home health agency" has the same meaning as in
section
3701.881 of the Revised Code.
(L) "Hospice care program" has the same meaning as in
section
3712.01 of the Revised Code.
(M) "Hospital" has the same meanings as in sections
2108.01,
means both of the following:
(1) Any hospital operated in this state that is certified
under Title XVIII of the "Social Security Act," 42 U.S.C. 301, as
amended, or accredited by the joint commission on accreditation of
healthcare organizations or the American osteopathic association;
(2) A facility licensed, accredited, registered, or approved
as a hospital under the laws of any state, including a facility
operated as a hospital by a state or a subdivision of the state,
although not required to be licensed under state laws.
"Hospital" also includes those facilities described or
defined in sections 3701.01, and 5122.01 of the Revised Code.
(N) "Hydration" means fluids that are artificially or
technologically administered.
(O) "Incompetent" has the same meaning as in section
2111.01
of the Revised Code.
(P) "Intermediate care facility for the mentally retarded"
has the same meaning as in section 5111.20 of the Revised Code.
(Q) "Life-sustaining treatment" means any medical
procedure,
treatment, intervention, or other measure that, when
administered
to a qualified patient or other patient, will serve
principally to
prolong the process of dying.
(R) "Nurse" means a person who is licensed to practice
nursing as a registered nurse or to practice practical nursing as
a licensed practical nurse pursuant to Chapter 4723. of the
Revised Code.
(S) "Nursing home" has the same meaning as in section
3721.01
of the Revised Code.
(T) "Nutrition" means sustenance that is artificially or
technologically administered.
(U) "Permanently unconscious state" means a state of
permanent unconsciousness in a declarant or other patient that,
to
a reasonable degree of medical certainty as determined in
accordance with reasonable medical standards by the declarant's
or
other patient's attending physician and one other physician
who
has examined the declarant or other patient, is characterized
by
both of the following:
(1) Irreversible unawareness of one's being and environment.
(2) Total loss of cerebral cortical functioning, resulting in
the declarant
or other patient having no capacity to experience
pain or suffering.
(V) "Person" has the same meaning as in section 1.59 of
the
Revised Code and additionally includes political subdivisions
and
governmental agencies, boards, commissions, departments,
institutions, offices, and other instrumentalities.
(W) "Physician" means a person who is authorized under
Chapter 4731. of the Revised Code to practice
medicine and surgery
or osteopathic medicine and surgery.
(X) "Political subdivision" and "state" have the same
meanings as in section 2744.01 of the Revised Code.
(Y) "Professional disciplinary action" means action taken
by
the board or other entity that regulates the professional
conduct
of health care personnel, including the state medical
board and
the board of nursing.
(Z) "Qualified patient" means an adult who has executed a
declaration and has been determined to be in a terminal condition
or in a permanently unconscious state.
(AA) "Terminal condition" means an irreversible,
incurable,
and untreatable condition caused by disease, illness,
or injury
from which, to a reasonable degree of medical certainty
as
determined in accordance with reasonable medical standards by
a
declarant's or other patient's attending physician and one
other
physician who has examined the declarant or other patient,
both of
the following apply:
(1) There can be no recovery.
(2) Death is likely to occur within a relatively short
time
if life-sustaining treatment is not administered.
(BB) "Tort action" means a civil action for damages for
injury, death, or loss to person or property, other than a civil
action for damages for breach of a contract or another agreement
between persons.
Sec. 2133.07. (A) 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.
(B) 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)(C) of this section.
(B)(C) A printed form of a declaration under division (A)(B)
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)(D)(1) A printed form of a declaration under division
(A)(B)
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
2108.23 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.
|
... |
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 may be in any form that complies with
the requirements of division
(B) of section 2108.05 of the
Revised Code. On completion, the
form shall be forwarded to the
bureau of motor vehicles.
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
donor card or other record in which a declarant makes an
anatomical gift as provided in divisions division (B)(1) and (3)
of section 2108.04 2108.05 of the Revised Code.
(2) The declaration is considered as having satisfied the
requirements specified in divisions division (B)(1) and (3) of
section 2108.04 2108.05 of the Revised Code to make an anatomical
gift by a document other than a will donor card or other record.
(3) The declaration is subject to sections 2108.01 to 2108.12
2108.29 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.
Sec. 2305.37. (A) As used in this section:
(1) "Agency" means any nonhospital, charitable nonprofit
corporation that is organized and operated pursuant to Chapter
1702. of the Revised Code and that satisfies both of the
following, or any
nonhospital, charitable association, group,
institution, organization, or
society that is
not organized and
not operated for profit and that satisfies both
of the following:
(a) It distributes consumer goods or perishable food,
directly or indirectly,
to individuals in need.
(b) It does not charge or accept any form of compensation
from the individuals in need for the distribution of the consumer
goods or
perishable food to them.
(2) "Consumer goods" means items of tangible personal
property other than food that are used primarily for personal,
family, or household purposes.
(3) "Food service operation" has the same meaning as in
section 3717.01 of the Revised Code.
(4) "Food that is gleaned" means perishable food that
remains
on a farm or
other real property and that the owner,
lessee,
renter, or operator of the
property permits one or more
persons to
salvage free-of-charge for subsequent
donation to one
or more
agencies.
(5) "Harm" means injury, death, or loss to person or
property.
(6) "Hospital" has the same meaning as in section 2108.01,
means both of the following:
(a) Any hospital operated in this state that is certified
under Title XVIII of the "Social Security Act," 42 U.S.C. 301, as
amended, or accredited by the joint commission on accreditation of
healthcare organizations or the American osteopathic association;
(b) A facility licensed, accredited, registered, or approved
as a hospital under the laws of any state, including a facility
operated as a hospital by a state or a subdivision of the state,
although not required to be licensed under state laws.
"Hospital" also includes those facilities described or
defined in section
3701.01, or 5122.01 of the Revised Code.
(7) "Individuals in need" means those persons who an
agency
determines are eligible to receive free distributions of
consumer
goods or
perishable food because of poverty, illness,
disability,
infancy,
or other conditions or circumstances that may
result in
persons
having a need to receive free distributions of
consumer
goods or perishable food.
(8) "Perishable food" means any food that may spoil or
otherwise become unfit for human consumption because of its
nature, age, or physical condition. "Perishable food" includes,
but is not limited to, fresh meats, processed meats, poultry,
fish
and other seafood, dairy products, bakery products, eggs in
the
shell, fresh fruits, fresh vegetables, food that is gleaned, food
that is
packaged, refrigerated, or frozen, food that is canned,
and prepared or
other food that has not been served by a
restaurant, cafeteria,
hospital, hotel, caterer, or other food
service operation to any
customer, patient, or other person in the
ordinary course of
business, by a public or private school,
college, university, or
other educational institution to a student
or another person on
the premises in the ordinary course of the
operation of the
institution, or by a fraternal, veteran's, or
other organization
to its members or other persons on the premises
in the ordinary
course of the operation of the organization.
(9) "Person" has the same meaning as in section 1.59 of
the
Revised Code and additionally includes governmental entities
and
federal instrumentalities.
(10) "Sale date" means the date by which the
manufacturer,
processor, or packager of a packaged food product
recommends that
the food product be sold for consumption based on
the food
product's quality assurance period.
(11) "Tort action" means a civil action for damages for
injury, death, or loss to person or property. "Tort action"
includes a product liability claim
that is subject to sections
2307.71 to 2307.80 of the Revised Code but does not
include a
civil action for a breach of contract or another agreement
between
persons.
(B) Notwithstanding Chapter 3715. of the Revised Code, a
person who, in good faith, donates perishable food to an agency
is
not liable in damages in a tort action for harm that allegedly
arises because that perishable food, when distributed by the
agency or any other agency to a particular individual in need, is
not fit for human consumption, if both of the following apply:
(1) Prior to the donation of the perishable food to the
agency, the person determines that the perishable food will be
fit
for human consumption at the time of its donation. A
presumption
favoring liability does not arise because the
perishable food is
donated to an agency on or after an applicable
sale date.
(2) The person does not make the determination that the
perishable food will be fit for human consumption at the time of
its donation to the agency in a manner that constitutes gross
negligence
or willful or wanton misconduct.
(C) A person who, in good faith, donates consumer goods to an
agency is not liable in damages in a tort action for harm that
allegedly arises because those consumer goods are not fit for use
at the time the agency or any other agency distributes them to a
particular individual in need, if both of the following apply:
(1) Prior to the donation of the consumer goods to the
agency, the person determines that the consumer goods will be fit
for use at the time of their donation. A presumption favoring
liability does not arise because the consumer goods are in
packaging that has been damaged.
(2) The person does not make the determination that the
consumer goods will be fit for use at the time of their donation
to the agency in a manner that constitutes gross negligence or
willful or wanton misconduct.
(D) Notwithstanding Chapter 3715. of the Revised Code, an
agency that, in good faith, distributes consumer goods or
perishable food to a particular individual in need is not liable
in damages in a tort action for harm that allegedly arises because
those consumer goods are not fit for use or that perishable food
is not fit for human consumption if both of the following apply:
(1) Prior to the distribution of the consumer goods or
perishable food to the individual, the agency determines that the
consumer goods will be fit for use or the perishable food will be
fit for human consumption at the time of its distribution. A
presumption favoring liability does not arise because the consumer
goods are in packaging that has been damaged or because the
perishable food is distributed to an individual on or after an
applicable sale date.
(2) The agency does not make the determination that the
consumer goods will be fit for use or the perishable food will be
fit for human consumption at the time of its distribution to the
individual in a manner that constitutes gross negligence or
willful or wanton misconduct.
(E)(1) This section does not create a new cause of action or
substantive
legal right against persons who donate consumer goods
or perishable food
to an agency or against agencies that
distribute consumer goods or perishable food to an individual in
need.
(2) This section does not affect any immunities from or
defenses to tort
liability established by another section of the
Revised Code or
available at common law to which persons who
donate consumer goods or perishable
food other than to agencies,
or to which agencies that distribute consumer goods or perishable
food other than to individuals in need, may be entitled.
Sec. 2919.16. As used in sections 2919.16 to 2919.18 of the
Revised Code:
(A) "Fertilization" means the fusion of a human spermatozoon
with a human
ovum.
(B) "Gestational age" means the age of an unborn human as
calculated from the first day of the last menstrual period of a
pregnant woman.
(C) "Health care facility" means a hospital, clinic,
ambulatory surgical treatment center, other center, medical
school, office of a physician, infirmary, dispensary, medical
training institution, or other institution or location in or at
which medical care, treatment, or diagnosis is provided to a
person.
(D) "Hospital" has the same meanings as in sections 2108.01,
means both of the following:
(1) Any hospital operated in this state that is certified
under Title XVIII of the "Social Security Act," 42 U.S.C. 301, as
amended, or accredited by the joint commission on accreditation of
healthcare organizations or the American osteopathic association;
(2) A facility licensed, accredited, registered, or approved
as a hospital under the laws of any state, including a facility
operated as a hospital by a state or a subdivision of the state,
although not required to be licensed under state laws.
"Hospital" also includes those facilities described or
defined in sections
3701.01, and
5122.01 of the Revised Code.
(E) "Live birth" has the same meaning as in division (A) of
section 3705.01
of the Revised Code.
(F) "Medical emergency" means a condition that a pregnant
woman's physician determines, in good faith and in the exercise of
reasonable
medical judgment, so complicates the woman's
pregnancy
as to necessitate the immediate performance or
inducement of an
abortion in order to prevent the death of the
pregnant woman or to
avoid a serious risk of the substantial and
irreversible
impairment of a major bodily function of the
pregnant woman that
delay in the performance or inducement of
the abortion would
create.
(G) "Physician" has the same meaning as in section
2305.113
of the Revised Code.
(H) "Pregnant" means the human female reproductive
condition,
that commences
with fertilization, of having a
developing fetus.
(I) "Premature infant" means a human whose live birth occurs
prior to
thirty-eight weeks of gestational age.
(J) "Serious risk of the substantial and irreversible
impairment of
a major bodily function" means any medically
diagnosed condition
that so complicates the pregnancy of the woman
as to directly or
indirectly cause the substantial and
irreversible impairment of
a major bodily function, including, but
not limited to, the following
conditions:
(3) Prematurely ruptured membrane;
(K) "Unborn human" means an individual organism of the
species homo sapiens from fertilization until live birth.
(L) "Viable" means the stage of development of a
human fetus
at which in the determination of a physician, based
on the
particular facts of a woman's pregnancy that are known to
the
physician and in light of medical
technology and information
reasonably available to the physician, there is
a realistic
possibility of the maintaining and nourishing of a life outside of
the womb with or without temporary artificial life-sustaining
support.
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: 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)
May
require as part of the health
curriculum
information
developed under
section 2108.15 2108.34 of the
Revised Code
promoting the
donation of
anatomical gifts pursuant
to Chapter
2108. of the
Revised Code and
may 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
children with disabilities 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
as recommended to each district board of
education by leading business persons involved in energy
production and 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 2108.23 of the Revised Code;
(B) Maintain a toll-free telephone number as specified in
section 2108.19 2108.32 of the Revised Code.
Sec. 4503.721. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, or other
vehicle of a class approved by the registrar of motor vehicles may
apply to the registrar for the registration of the vehicle and
issuance of "donate life" license plates. An application made
under this section may be combined with a request for a special
reserved license plate under section 4503.40 or 4503.42 of the
Revised Code. Upon receipt of the completed application and
compliance by the applicant with divisions (B) and (C) of this
section, the registrar shall issue to the applicant the
appropriate vehicle registration and a set of "donate life"
license plates and a validation sticker, or a validation sticker
alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed
on the license plates, "donate life" license plates shall be
inscribed with identifying words or markings designated by
lifeline of Ohio, incorporated, and approved by the registrar.
"Donate life" license plates shall display county identification
stickers that identify the county of registration by name or
number.
(B) The "donate life" license plates and a validation
sticker, or validation sticker alone, shall be issued upon receipt
of a contribution as provided in division (C) of this section and
upon payment of the regular license tax as prescribed under
section 4503.04 of the Revised Code, any applicable motor vehicle
license tax levied under Chapter 4504. of the Revised Code, any
applicable additional fee prescribed by section 4503.40 or 4503.42
of the Revised Code, an additional fee of ten dollars, and
compliance with all other applicable laws relating to the
registration of motor vehicles.
(C) For each application for registration and registration
renewal notice the registrar receives under this section, the
registrar shall collect a contribution of five dollars. The
registrar shall transmit this contribution to the treasurer of
state for deposit into the state treasury to the credit of the
second chance trust fund created in section 2108.15 2108.34 of the
Revised Code.
The additional fee of ten dollars is to compensate the bureau
of motor vehicles for additional services required in the issuing
of "donate life" license plates. The registrar shall transmit the
additional fee to the treasurer of state for deposit into the
state treasury to the credit of the state bureau of motor vehicles
fund created by section 4501.25 of the Revised Code.
Sec. 4506.07. (A) Every application for a commercial
driver's license, restricted commercial driver's license, or a
commercial driver's temporary instruction permit, or a duplicate
of such a license, shall be made upon a form approved and
furnished by the registrar of motor vehicles. Except as provided
in section 4506.24 of the Revised Code in regard to a restricted
commercial driver's license, the application shall be signed by
the applicant and shall contain the following information:
(1) The applicant's name, date of birth, social security
account
number, sex, general description including height, weight,
and
color of hair and eyes, current residence, duration of
residence
in this state, country of citizenship, and occupation;
(2) Whether the applicant previously has been licensed to
operate a commercial motor vehicle or any other type of motor
vehicle in another state or a foreign jurisdiction and, if so,
when, by what state, and whether the license or driving
privileges
currently are suspended or revoked in any
jurisdiction, or the
applicant otherwise has been disqualified
from operating a
commercial motor vehicle, or is subject to an
out-of-service order
issued under this chapter or any similar law
of another state or a
foreign jurisdiction and, if so, the date
of, locations involved,
and reason for the suspension,
revocation, disqualification, or
out-of-service order;
(3) Whether the applicant is afflicted with or suffering
from
any physical or mental disability or disease that prevents
the
applicant from exercising reasonable and ordinary
control over a
motor
vehicle while operating it upon a highway or is or has been
subject to any condition resulting in episodic impairment of
consciousness or loss of muscular control and, if so, the nature
and extent of the disability, disease, or condition, and the
names
and addresses of the physicians attending the
applicant;
(4) Whether the applicant has obtained a medical
examiner's
certificate as required by this chapter;
(5) Whether the applicant has pending a citation for
violation of any motor vehicle law or ordinance except a parking
violation and, if so, a description of the citation, the court
having jurisdiction of the offense, and the date when the offense
occurred;
(6) Whether the applicant wishes to certify willingness to
make an anatomical donation gift under section 2108.04 2108.05 of
the Revised
Code, which shall be given no consideration in the
issuance of a
license;
(7) On and after May 1, 1993, whether the applicant has
executed a valid durable power of attorney for health care
pursuant to sections 1337.11 to 1337.17 of the Revised Code or
has
executed a declaration governing the use or continuation, or
the
withholding or withdrawal, of life-sustaining treatment
pursuant
to sections 2133.01 to 2133.15
of the Revised Code and, if the
applicant has executed either type of instrument, whether the
applicant wishes the license issued to indicate that
the applicant
has executed the instrument.
(B) Every applicant shall certify, on a form approved and
furnished by the registrar, all of the following:
(1) That the motor vehicle in which the applicant intends
to
take the driving skills test is representative of the type of
motor vehicle that the applicant expects to operate as a driver;
(2) That the applicant is not subject to any
disqualification
or out-of-service order, or license suspension,
revocation, or
cancellation, under the laws of this state, of
another state, or
of a foreign jurisdiction and does not have
more than one driver's
license issued by this or another state or
a foreign jurisdiction;
(3) Any additional information, certification, or evidence
that the registrar requires by rule in order to ensure that the
issuance of a commercial driver's license to the applicant is in
compliance with the law of this state and with federal law.
(C) Every applicant shall execute a form, approved and
furnished by the registrar, under which the applicant consents to
the release by the registrar of information from the applicant's
driving record.
(D) The registrar or a deputy registrar, in accordance with
section
3503.11 of the Revised Code, shall register as an elector
any applicant
for a commercial driver's license or for a renewal
or duplicate
of such a license under this chapter, if the
applicant is
eligible and wishes to be registered as an elector.
The decision of an
applicant whether to register as an elector
shall be given no consideration in
the decision of whether to
issue the applicant a license or
a renewal or duplicate.
(E) The registrar or a deputy registrar, in accordance with
section
3503.11 of the Revised Code, shall offer the opportunity
of completing
a notice of change of residence or change of name to
any applicant for a
commercial
driver's license or for a renewal
or duplicate of such a license
who is a resident of this state, if
the applicant is a registered
elector who has changed the
applicant's residence or name
and has not filed such a notice.
(F) In considering any application submitted pursuant to this
section, the bureau of motor vehicles may conduct any inquiries
necessary to ensure that issuance or renewal of a commercial
driver's license would not violate any provision of the Revised
Code or federal law.
Sec. 4506.081. In addition to the fees collected under
section 4506.08 of the Revised
Code, the registrar or deputy
registrar of motor vehicles shall ask each person applying for
or
renewing a commercial driver's license, restricted commercial
driver's license, or duplicate whether the person wishes to make a
one-dollar voluntary contribution to the second chance trust
fund
established under section 2108.15 2108.34 of the
Revised Code. The
registrar or deputy
registrar shall also make available to the
person informational
material provided by the department of health
on the
importance of organ, tissue, and eye donation.
All donations collected under this section during each
month
shall be forwarded by the registrar or deputy registrar
not later
than the fifth day of the immediately following month
to the
treasurer of state, who shall deposit them in the second
chance
trust fund.
Sec. 4506.11. (A) Every commercial driver's license shall
be
marked "commercial driver's license" or "CDL" and shall be of
such
material and so designed as to prevent its reproduction or
alteration without ready detection, and, to this end, shall be
laminated with a transparent plastic material. The commercial
driver's
license for licensees under twenty-one years of age shall
have characteristics
prescribed by the registrar of motor vehicles
distinguishing it from that
issued to a licensee who is twenty-one
years of age or older. Every
commercial
driver's license shall
display all of the following
information:
(1) The name and residence address of the licensee;
(2) A color photograph of the licensee showing the licensee's
uncovered face;
(3) A physical description of the licensee, including sex,
height, weight, and color of eyes and hair;
(4) The licensee's date of birth;
(5) The licensee's social security number
if the person has
requested that the number be displayed in accordance with section
4501.31 of the Revised Code or if federal law requires the social
security number to be displayed and any number
or other identifier
the director of public safety considers
appropriate and
establishes by rules adopted under Chapter 119.
of the Revised
Code and in compliance with federal law;
(6) The licensee's signature;
(7) The classes of commercial motor vehicles the licensee
is
authorized to drive and any endorsements or restrictions
relating
to the licensee's driving of those vehicles;
(8) The name of this state;
(9) The dates of issuance and of expiration of the
license;
(10) If the licensee has certified willingness to make an
anatomical donation gift under section 2108.04 2108.05 of the
Revised Code,
any
symbol chosen by the registrar of motor vehicles
to indicate
that
the licensee has certified that willingness;
(11) If the licensee has
executed a durable power of
attorney
for health care or a
declaration governing the use or
continuation, or the withholding
or withdrawal, of life-sustaining
treatment and has specified
that the licensee wishes the license
to
indicate that the licensee has executed either type of
instrument, any symbol chosen by the registrar to indicate that
the licensee
has executed either type of instrument;
(12) Any other information the registrar considers
advisable
and requires by rule.
(B) The registrar may establish and maintain a file of
negatives of photographs taken for the purposes of this section.
(C) Neither the registrar nor any deputy registrar shall
issue a commercial driver's license to anyone under twenty-one
years of age
that does not have the characteristics prescribed by
the registrar
distinguishing it from the commercial driver's
license issued to persons who
are twenty-one years of age or
older.
(D)
Whoever violates division (C) of this section is
guilty
of a minor misdemeanor.
Sec. 4507.06. (A)(1) Every application for a driver's
license or motorcycle operator's license or endorsement, or
duplicate of any such license or endorsement, shall be made upon
the approved form furnished by the registrar of motor vehicles
and
shall be signed by the applicant.
Every application shall state the following:
(a) The applicant's name, date of birth, social security
number if
such has been assigned, sex, general description,
including
height, weight, color of hair, and eyes, residence
address, including county of residence, duration of residence in
this state, and country of citizenship;
(b) Whether the applicant previously has been licensed as
an
operator, chauffeur, driver, commercial driver, or motorcycle
operator and, if so, when, by what state, and whether such
license
is suspended or
canceled at the present time
and, if so,
the date
of and reason for the suspension or
cancellation;
(c) Whether the applicant is now or ever has been
afflicted
with epilepsy, or whether the applicant now is
suffering from any
physical or mental disability or disease and,
if so, the nature
and extent of the disability or disease, giving
the names and
addresses of physicians then or previously in
attendance upon the
applicant;
(d) Whether an applicant for a duplicate driver's license,
or
duplicate license containing a motorcycle operator endorsement
has
pending a citation for violation of any motor vehicle law or
ordinance, a description of any such citation pending, and the
date of the citation;
(e) Whether the applicant wishes to certify willingness to
make an anatomical gift under section 2108.04 2108.05 of the
Revised
Code,
which shall be given no consideration in the
issuance of a
license
or endorsement;
(f)
Whether the applicant
has
executed a valid durable power
of attorney for health care
pursuant to sections 1337.11 to
1337.17 of the Revised Code or
has
executed a declaration
governing the use or continuation, or
the
withholding or
withdrawal, of life-sustaining treatment
pursuant
to sections
2133.01 to 2133.15
of the Revised Code and, if the
applicant has
executed either type of instrument, whether the
applicant
wishes
the applicant's license to indicate that the
applicant has
executed the
instrument.
(2) Every applicant for a driver's license shall be
photographed in color at the time the application for the license
is made. The application shall state any additional information
that the registrar requires.
(B) The registrar or a deputy registrar, in accordance
with
section 3503.11 of the Revised Code, shall register as an
elector
any person who applies for a driver's license or
motorcycle
operator's license or endorsement under division (A)
of this
section, or for a renewal or duplicate of the license or
endorsement, if the applicant is eligible and wishes to be
registered as an elector. The decision of an applicant whether to
register as
an elector shall be given no consideration in the
decision of whether to issue
the applicant a license or
endorsement, or a renewal or duplicate.
(C) The registrar or a deputy registrar, in accordance
with
section 3503.11 of the Revised Code, shall offer the
opportunity
of completing a notice of change of residence or change of name to
any
applicant for a driver's license or endorsement under division
(A) of this section, or for a renewal or duplicate of the license
or endorsement, if the applicant is a registered elector who has
changed the applicant's residence or name and has not filed such a
notice.
Sec. 4507.231. In addition to the fees collected under
section 4507.23 of the Revised Code, the registrar or deputy
registrar of motor vehicles shall ask each person applying for
or
renewing a driver's license, motorcycle operator's endorsement, or
duplicate whether the person wishes to make a
one-dollar voluntary
contribution to the second chance trust
fund established under
section 2108.15 2108.34 of the
Revised Code. The registrar or
deputy
registrar shall also make available to the person
informational
material provided by the department of health on the
importance of organ, tissue, and eye donation.
All donations collected under this section during each
month
shall be forwarded by the registrar or deputy registrar
not later
than the fifth day of the immediately following month
to the
treasurer of state, who shall deposit them in the second
chance
trust fund.
Sec. 4507.501. In addition to the fees collected under
section 4507.50 of the Revised Code, the registrar or deputy
registrar of motor vehicles shall ask each applicant for an
identification card or duplicate under section 4507.51 of the
Revised Code whether the person wishes to
make a one-dollar
voluntary contribution to the second chance
trust fund established
under section 2108.15 2108.34 of the
Revised Code. The registrar
or deputy
registrar shall also make available to the person
informational
material provided by the department of health on the
importance of organ, tissue, and eye donation.
All donations collected under this section during each
month
shall be forwarded by the registrar or deputy registrar
not later
than the fifth day of the immediately following month
to the
treasurer of state, who shall deposit them in the second
chance
trust fund.
Sec. 4507.51. (A)(1) Every application for an
identification
card or duplicate shall be made on a form
furnished
by the
registrar of motor vehicles, shall be signed by
the
applicant, and
by the applicant's parent or guardian if
the
applicant is
under
eighteen years of age, and shall contain the
following
information
pertaining to the applicant: name, date of
birth,
sex, general
description including the applicant's height,
weight, hair color,
and eye color, address,
and social security
number. The
application also shall state whether an applicant wishes to
certify willingness to
make an anatomical gift under section
2108.04 2108.05 of the Revised Code
and shall include information
about
the requirements of that
section sections 2108.01 to 2108.29
of the Revised Code that apply to persons who are
less than
eighteen years of
age. The statement regarding
willingness to make
such a
donation
shall be given no
consideration in the decision of
whether to
issue an
identification card. Each applicant shall be
photographed in
color at the time of making application.
(2) The application also shall
state whether the applicant
has executed a valid durable power
of attorney for health care
pursuant to sections 1337.11 to 1337.17
of the Revised Code or has
executed a declaration governing the
use or continuation, or the
withholding or withdrawal, of
life-sustaining treatment pursuant
to sections 2133.01
to 2133.15 of the Revised Code and, if the
applicant has executed
either type of
instrument, whether the
applicant wishes the
identification card issued to indicate that
the applicant has
executed the instrument.
(3) The registrar or deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall register as an
elector
any person who applies for an identification card or
duplicate if
the applicant is eligible and wishes to be
registered as an
elector. The decision of an applicant whether
to register as an
elector shall be given no consideration in the
decision of whether
to issue the applicant an identification
card or duplicate.
(B) The application for an identification card or
duplicate
shall be filed in the office of the registrar or
deputy registrar.
Each applicant shall present documentary evidence as
required by
the registrar of the applicant's age and
identity,
and the
applicant shall swear that all
information
given is true.
All applications for an identification card or duplicate
shall be filed in duplicate, and if submitted to a deputy
registrar, a copy shall be forwarded to the registrar. The
registrar shall prescribe rules for the manner in which a deputy
registrar is to file and maintain applications and other records.
The registrar shall maintain a suitable, indexed record of all
applications denied and cards issued or canceled.
Sec. 4508.021. (A) As used in this section:
(1) "State agency"
has the same meaning as in section 1.60
of
the Revised Code.
(2) "Electronic medium" means a video cassette tape, CD-ROM,
interactive videodisc, or other format used to convey information
to students through electronic means.
(B) The classroom instruction required by division (C) of
section 4508.02 of the Revised Code shall include the
dissemination of information regarding anatomical gifts and
anatomical gift procedures or a presentation and discussion of
such gifts and procedures in accordance with this section. The
second chance trust fund advisory committee created under section
2108.17 2108.35 of the Revised Code shall approve any brochure,
written
material, or electronic medium used by a driver training
school
to
provide information to students regarding anatomical
gifts and
anatomical gift procedures. However, the committee shall
not
approve any such brochure, written material, or electronic
medium
that contains religious content for use in a driver
education
course conducted by a school district or educational
service
center.
(C)(1) If any brochure or other written material approved by
the committee under division (B) of this section is made available
to a driver training school at no cost, the instructor shall
provide
such brochure or material to students.
(2) If any electronic medium that is less than twenty
minutes
in length and that is approved by the committee under
division (B)
of this section is made available to a driver
training school at
no cost, the instructor shall show the
electronic medium to
students, provided that the school maintains
operable viewing
equipment. If more than one such electronic
medium is made
available to a school in accordance with this
division, the
instructor shall select one electronic medium from
among those
received by the school to show to students.
(3) If no electronic medium
is shown to students as
specified
in division (C)(2) of this section, the instructor shall
organize
a classroom
presentation and discussion regarding
anatomical gifts
and
anatomical gift procedures. The instructor
may arrange for
the
presentation to be conducted by an employee of
the department
of
health or any other state agency, an employee or
volunteer of
the
second chance trust fund, an employee or
volunteer of any
organization involved in the procurement of organ
donations, an
organ donor, an organ recipient, an employee or
volunteer of a
tissue or eye bank, or a tissue or corneal
transplant recipient,
provided that no
such person
charges a fee
to the school for the
presentation.
However, no
such presentation
that contains
religious content
shall be made to
students of a
driver education
course conducted
by a school
district or
educational service
center. Students shall
be granted
the
opportunity to ask questions
on anatomical gifts
and
anatomical
gift procedures during the
presentation and
discussion.
Nothing in this section shall prohibit an instructor from
also organizing a classroom presentation and discussion regarding
anatomical gifts and anatomical gift procedures in accordance with
this division if the instructor shows an electronic medium to
students pursuant to division
(C)(2) of this section.
(D)
No student shall be required to participate in any
instruction in anatomical gifts or anatomical gift procedures
conducted under this section upon written notification from the
student's parent or guardian, or the student if the student is
over eighteen years of age, that such instruction conflicts with
the religious convictions of the student or the student's parent
or guardian. If a student is excused from such instruction, the
instructor shall give the student an alternative assignment.
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
sections 2108.01 to 2108.29 of the Revised Code of regarding an
anatomical gift.
Section 2. That existing sections 124.04, 313.23, 2105.35,
2108.09, 2108.11, 2108.15, 2108.17, 2108.18,
2108.19, 2108.20,
2108.21, 2108.30, 2108.78, 2108.99, 2133.01,
2133.07,
2133.16,
2305.37, 2919.16, 3301.07, 4501.024, 4503.721,
4506.07, 4506.081,
4506.11,
4507.06, 4507.231, 4507.501, 4507.51,
4508.021, and
4717.17 and
sections 2108.01, 2108.02, 2108.021,
2108.03,
2108.04, 2108.05,
2108.06, 2108.07, 2108.071, 2108.08,
2108.10,
2108.101, 2108.12,
2108.53, and 2108.60 of the Revised
Code are
hereby repealed.
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