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H. B. No. 79 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Adams, J., Becker, Blair, Grossman
A BILL
To amend sections 2133.08, 2133.09, and 2133.12 of
the Revised Code to provide that an individual's
statutory priority to decide whether or not to
withhold or withdraw life-sustaining treatment for
the individual's relative is forfeited if the
individual is charged with felonious assault or
aggravated assault resulting in the relative being
in a terminal condition from the physical harm
suffered.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2133.08, 2133.09, and 2133.12 of the
Revised Code be amended to read as follows:
Sec. 2133.08. (A)(1) If written consent to the withholding
or withdrawal of life-sustaining treatment, witnessed by two
individuals who satisfy the witness eligibility criteria set forth
in division (B)(1) of section 2133.02 of the Revised Code, is
given by the appropriate individual or individuals as specified in
division (B) of this section to the attending physician of a
patient who is an adult, and if all of the following apply in
connection with the patient, then, subject to section 2133.09 of
the Revised Code, the patient's attending physician may withhold
or withdraw the life-sustaining treatment:
(a) The attending physician and one other physician who
examines the patient determine, in good faith, to a reasonable
degree of medical certainty, and in accordance with reasonable
medical standards, that the patient is in a terminal condition or
the patient currently is and for at least the immediately
preceding twelve months has been in a permanently unconscious
state, and the attending physician additionally determines, in
good faith, to a reasonable degree of medical certainty, and in
accordance with reasonable medical standards, that the patient no
longer is able to make informed decisions regarding the
administration of life-sustaining treatment and that there is no
reasonable possibility that the patient will regain the capacity
to make those informed decisions.
(b) The patient does not have a declaration that addresses
the patient's intent should the patient be determined to be in a
terminal condition or in a permanently unconscious state,
whichever applies, or a durable power of attorney for health care,
or has a document that purports to be such a declaration or
durable power of attorney for health care but that document is not
legally effective.
(c) The consent of the appropriate individual or individuals
is given after consultation with the patient's attending physician
and after receipt of information from the patient's attending
physician or a consulting physician that is sufficient to satisfy
the requirements of informed consent.
(d) The appropriate individual or individuals who give a
consent are of sound mind and voluntarily give the consent.
(e) If a consent would be given under division (B)(3) of this
section, the attending physician made a good faith effort, and
used reasonable diligence, to notify the patient's adult children
who are available within a reasonable period of time for
consultation as described in division (A)(1)(c) of this section.
(2) The consulting physician under division (A)(1)(a) of this
section associated with a patient allegedly in a permanently
unconscious state shall be a physician who, by virtue of advanced
education or training, of a practice limited to particular
diseases, illnesses, injuries, therapies, or branches of medicine
or surgery or osteopathic medicine and surgery, of certification
as a specialist in a particular branch of medicine or surgery or
osteopathic medicine and surgery, or of experience acquired in the
practice of medicine or surgery or osteopathic medicine and
surgery, is qualified to determine whether the patient currently
is and for at least the immediately preceding twelve months has
been in a permanently unconscious state.
(B) For purposes of division (A) of this section and subject
to division (C)(2) of this section, a consent to withhold or
withdraw life-sustaining treatment may be given by the appropriate
individual or individuals, in accordance with the following
descending order of priority:
(1) If any, the guardian of the patient. This division does
not permit or require, and shall not be construed as permitting or
requiring, the appointment of a guardian for the patient.
(2) The patient's spouse;
(3) An adult child of the patient or, if there is more than
one adult child, a majority of the patient's adult children who
are available within a reasonable period of time for consultation
with the patient's attending physician;
(4) The patient's parents;
(5) An adult sibling of the patient or, if there is more than
one adult sibling, a majority of the patient's adult siblings who
are available within a reasonable period of time for that
consultation;
(6) The nearest adult who is not described in divisions
(B)(1) to (5) of this section, who is related to the patient by
blood or adoption, and who is available within a reasonable period
of time for that consultation.
(C)(1) If an appropriate individual or class of individuals
entitled to decide under division (B) of this section whether or
not to consent to the withholding or withdrawal of life-sustaining
treatment for a patient is not available within a reasonable
period of time for the consultation and competent to so decide, or
declines to so decide, then the next priority individual or class
of individuals specified in that division is authorized to make
the decision. However, an equal division in a priority class of
individuals under that division does not authorize the next class
of individuals specified in that division to make the decision. If
an equal division in a priority class of individuals under that
division occurs, no written consent to the withholding or
withdrawal of life-sustaining treatment from the patient can be
given pursuant to this section.
(2)(a) If an appropriate individual entitled to decide under
division (B) of this section whether or not to consent to the
withholding or withdrawal of life-sustaining treatment for a
patient who is in a terminal condition has been charged with the
offense of felonious assault under section 2903.11 of the Revised
Code or the offense of aggravated assault under section 2903.12 of
the Revised Code against the patient and the serious physical harm
or physical harm suffered by the patient as a result of the
offense directly caused the patient to be in a terminal condition,
the individual is not competent to so decide, and the next
priority individual or class of individuals specified in that
division is authorized to make the decision.
(b) If a member of a class of individuals entitled to decide
under division (B) of this section whether or not to consent to
the withholding or withdrawal of life-sustaining treatment for a
patient who is in a terminal condition has been charged with the
offense of felonious assault under section 2903.11 of the Revised
Code or the offense of aggravated assault under section 2903.12 of
the Revised Code against the patient and the serious physical harm
or physical harm suffered by the patient as a result of the
offense directly caused the patient to be in a terminal condition,
that member is not competent to so decide, and the other members
of the class of individuals are authorized to make the decision.
(D)(1) A decision to consent pursuant to this section to the
use or continuation, or the withholding or withdrawal, of
life-sustaining treatment for a patient shall be made in good
faith.
(2) Except as provided in division (D)(4) of this section, if
the patient previously expressed an intention with respect to the
use or continuation, or the withholding or withdrawal, of
life-sustaining treatment should the patient subsequently be in a
terminal condition or in a permanently unconscious state,
whichever applies, and no longer able to make informed decisions
regarding the administration of life-sustaining treatment, a
consent given pursuant to this section shall be valid only if it
is consistent with that previously expressed intention.
(3) Except as provided in division (D)(4) of this section, if
the patient did not previously express an intention with respect
to the use or continuation, or the withholding or withdrawal, of
life-sustaining treatment should the patient subsequently be in a
terminal condition or in a permanently unconscious state,
whichever applies, and no longer able to make informed decisions
regarding the administration of life-sustaining treatment, a
consent given pursuant to this section shall be valid only if it
is consistent with the type of informed consent decision that the
patient would have made if the patient previously had expressed an
intention with respect to the use or continuation, or the
withholding or withdrawal, of life-sustaining treatment should the
patient subsequently be in a terminal condition or in a
permanently unconscious state, whichever applies, and no longer
able to make informed decisions regarding the administration of
life-sustaining treatment, as inferred from the lifestyle and
character of the patient, and from any other evidence of the
desires of the patient, prior to the patient's becoming no longer
able to make informed decisions regarding the administration of
life-sustaining treatment. The Rules of Evidence shall not be
binding for purposes of this division.
(4)(a) The attending physician of the patient, and other
health care personnel acting under the direction of the attending
physician, who do not have actual knowledge of a previously
expressed intention as described in division (D)(2) of this
section or who do not have actual knowledge that the patient would
have made a different type of informed consent decision under the
circumstances described in division (D)(3) of this section, may
rely on a consent given in accordance with this section unless a
probate court decides differently under division (E) of this
section.
(b) The immunity conferred by division (C)(1) of section
2133.11 of the Revised Code is not forfeited by an individual who
gives a consent to the use or continuation, or the withholding or
withdrawal, of life-sustaining treatment for a patient under
division (B) of this section if the individual gives the consent
in good faith and without actual knowledge, at the time of giving
the consent, of either a contrary previously expressed intention
of the patient, or a previously expressed intention of the
patient, as described in division (D)(2) of this section, that is
revealed to the individual subsequent to the time of giving the
consent.
(E)(1) Within forty-eight hours after a priority individual
or class of individuals gives a consent pursuant to this section
to the use or continuation, or the withholding or withdrawal, of
life-sustaining treatment and communicates the consent to the
patient's attending physician, any individual described in
divisions (B)(1) to (5) of this section, except an individual who
is not competent to give consent under division (C)(2) of this
section, who objects to the application of this section to the
patient shall advise the attending physician of the grounds for
the objection. If an objection is so communicated to the attending
physician, then, within two business days after that
communication, the objecting individual shall file a complaint
against the priority individual or class of individuals, the
patient's attending physician, and the consulting physician
associated with the determination that the patient is in a
terminal condition or that the patient currently is and for at
least the immediately preceding twelve months has been in a
permanently unconscious state, in the probate court of the county
in which the patient is located for the issuance of an order
reversing the consent of the priority individual or class of
individuals. If the objecting individual fails to so file a
complaint, the individual's objections shall be considered to be
void.
A probate court in which a complaint is filed in accordance
with this division shall conduct a hearing on the complaint after
a copy of the complaint and a notice of the hearing have been
served upon the defendants. The clerk of the probate court in
which the complaint is filed shall cause the complaint and the
notice of the hearing to be so served in accordance with the Rules
of Civil Procedure, which service shall be made, if possible,
within three days after the filing of the complaint. The hearing
shall be conducted at the earliest possible time, but no later
than the third business day after the service has been completed.
Immediately following the hearing, the court shall enter on its
journal its determination whether the decision of the priority
individual or class of individuals to consent to the use or
continuation, or the withholding or withdrawal, of life-sustaining
treatment in connection with the patient will be confirmed or
reversed.
(2) If the decision of the priority individual or class of
individuals was to consent to the use or continuation of
life-sustaining treatment in connection with the patient, the
court only may reverse that consent if the objecting individual
establishes, by clear and convincing evidence and, if applicable,
to a reasonable degree of medical certainty and in accordance with
reasonable medical standards, one or more of the following:
(a) The patient is able to make informed decisions regarding
the administration of life-sustaining treatment.
(b) The patient has a legally effective declaration that
addresses the patient's intent should the patient be determined to
be in a terminal condition or in a permanently unconscious state,
whichever applies, or a legally effective durable power of
attorney for health care.
(c) The decision to use or continue life-sustaining treatment
is not consistent with the previously expressed intention of the
patient as described in division (D)(2) of this section.
(d) The decision to use or continue life-sustaining treatment
is not consistent with the type of informed consent decision that
the patient would have made if the patient previously had
expressed an intention with respect to the use or continuation, or
the withholding or withdrawal, of life-sustaining treatment should
the patient subsequently be in a terminal condition or in a
permanently unconscious state, whichever applies, and no longer
able to make informed decisions regarding the administration of
life-sustaining treatment as described in division (D)(3) of this
section.
(e) The decision of the priority individual or class of
individuals was not made after consultation with the patient's
attending physician and after receipt of information from the
patient's attending physician or a consulting physician that is
sufficient to satisfy the requirements of informed consent.
(f) The priority individual, or any member of the priority
class of individuals, who made the decision to use or continue
life-sustaining treatment was not of sound mind or did not
voluntarily make the decision.
(g) If the decision of a priority class of individuals under
division (B)(3) of this section is involved, the patient's
attending physician did not make a good faith effort, and use
reasonable diligence, to notify the patient's adult children who
were available within a reasonable period of time for consultation
as described in division (A)(1)(c) of this section.
(h) The decision of the priority individual or class of
individuals otherwise was made in a manner that does not comply
with this section.
(3) If the decision of the priority individual or class of
individuals was to consent to the withholding or withdrawal of
life-sustaining treatment in connection with the patient, the
court only may reverse that consent if the objecting individual
establishes, by a preponderance of the evidence and, if
applicable, to a reasonable degree of medical certainty and in
accordance with reasonable medical standards, one or more of the
following:
(a) The patient is not in a terminal condition, the patient
is not in a permanently unconscious state, or the patient has not
been in a permanently unconscious state for at least the
immediately preceding twelve months.
(b) The patient is able to make informed decisions regarding
the administration of life-sustaining treatment.
(c) There is a reasonable possibility that the patient will
regain the capacity to make informed decisions regarding the
administration of life-sustaining treatment.
(d) The patient has a legally effective declaration that
addresses the patient's intent should the patient be determined to
be in a terminal condition or in a permanently unconscious state,
whichever applies, or a legally effective durable power of
attorney for health care.
(e) The decision to withhold or withdraw life-sustaining
treatment is not consistent with the previously expressed
intention of the patient as described in division (D)(2) of this
section.
(f) The decision to withhold or withdraw life-sustaining
treatment is not consistent with the type of informed consent
decision that the patient would have made if the patient
previously had expressed an intention with respect to the use or
continuation, or the withholding or withdrawal, of life-sustaining
treatment should the patient subsequently be in a terminal
condition or in a permanently unconscious state, whichever
applies, and no longer able to make informed decisions regarding
the administration of life-sustaining treatment as described in
division (D)(3) of this section.
(g) The decision of the priority individual or class of
individuals was not made after consultation with the patient's
attending physician and after receipt of information from the
patient's attending physician or a consulting physician that is
sufficient to satisfy the requirements of informed consent.
(h) The priority individual, or any member of the priority
class of individuals, who made the decision to withhold or
withdraw life-sustaining treatment was not of sound mind or did
not voluntarily make the decision.
(i) If the decision of a priority class of individuals under
division (B)(3) of this section is involved, the patient's
attending physician did not make a good faith effort, and use
reasonable diligence, to notify the patient's adult children who
were available within a reasonable period of time for consultation
as described in division (A)(1)(c) of this section.
(j) The decision of the priority individual or class of
individuals otherwise was made in a manner that does not comply
with this section.
(4) Notwithstanding any contrary provision of the Revised
Code or of the Rules of Civil Procedure, the state and persons
other than individuals described in divisions (B)(1) to (5) of
this section are prohibited from filing a complaint under division
(E) of this section and from joining or being joined as parties to
a hearing conducted under division (E) of this section, including
joining by way of intervention.
(F) A valid consent given in accordance with this section
supersedes any general consent to treatment form signed by or on
behalf of the patient prior to, upon, or after the patient's
admission to a health care facility to the extent there is a
conflict between the consent and the form.
(G) Life-sustaining treatment shall not be withheld or
withdrawn from a patient pursuant to a consent given in accordance
with this section if the patient is pregnant and if the
withholding or withdrawal of the treatment would terminate the
pregnancy, unless the patient's attending physician and one other
physician who has examined the patient determine, to a reasonable
degree of medical certainty and in accordance with reasonable
medical standards, that the fetus would not be born alive.
Sec. 2133.09. (A) The attending physician of a patient who
is an adult and who currently is and for at least the immediately
preceding twelve months has been in a permanently unconscious
state may withhold or withdraw nutrition and hydration in
connection with the patient only if all of the following apply:
(1) Written consent to the withholding or withdrawal of
life-sustaining treatment in connection with the patient has been
given by an appropriate individual or individuals in accordance
with section 2133.08 of the Revised Code, and divisions (A)(1)(a)
to (e) and (2) of that section have been satisfied.
(2) A probate court has not reversed the consent to the
withholding or withdrawal of life-sustaining treatment in
connection with the patient pursuant to division (E) of section
2133.08 of the Revised Code.
(3) The attending physician of the patient and one other
physician as described in division (A)(2) of section 2133.08 of
the Revised Code who examines the patient determine, in good
faith, to a reasonable degree of medical certainty, and in
accordance with reasonable medical standards, that nutrition and
hydration will not or no longer will provide comfort or alleviate
pain in connection with the patient.
(4) Written consent to the withholding or withdrawal of
nutrition and hydration in connection with the patient, witnessed
by two individuals who satisfy the witness eligibility criteria
set forth in division (B)(1) of section 2133.02 of the Revised
Code, is given to the attending physician of the patient by an
appropriate individual or individuals as specified described in
division divisions (B)(1) to (6) of section 2133.08 of the Revised
Code.
(5) The written consent to the withholding or withdrawal of
the nutrition and hydration in connection with the patient is
given in accordance with division (B) of this section.
(6) The probate court of the county in which the patient is
located issues an order to withhold or withdraw the nutrition and
hydration in connection with the patient pursuant to division (C)
of this section.
(B)(1) A decision to consent pursuant to this section to the
withholding or withdrawal of nutrition and hydration in connection
with a patient shall be made in good faith.
(2) Except as provided in division (B)(4) of this section, if
the patient previously expressed an intention with respect to the
use or continuation, or the withholding or withdrawal, of
nutrition and hydration should the patient subsequently be in a
permanently unconscious state and no longer able to make informed
decisions regarding the administration of nutrition and hydration,
a consent given pursuant to this section shall be valid only if it
is consistent with that previously expressed intention.
(3) Except as provided in division (B)(4) of this section, if
the patient did not previously express an intention with respect
to the use or continuation, or the withholding or withdrawal, of
nutrition and hydration should the patient subsequently be in a
permanently unconscious state and no longer able to make informed
decisions regarding the administration of nutrition and hydration,
a consent given pursuant to this section shall be valid only if it
is consistent with the type of informed consent decision that the
patient would have made if the patient previously had expressed an
intention with respect to the use or continuation, or the
withholding or withdrawal, of nutrition and hydration should the
patient subsequently be in a permanently unconscious state and no
longer able to make informed decisions regarding the
administration of nutrition and hydration, as inferred from the
lifestyle and character of the patient, and from any other
evidence of the desires of the patient, prior to the patient's
becoming no longer able to make informed decisions regarding the
administration of nutrition and hydration. The Rules of Evidence
shall not be binding for purposes of this division.
(4)(a) The attending physician of the patient, and other
health care personnel acting under the direction of the attending
physician, who do not have actual knowledge of a previously
expressed intention as described in division (B)(2) of this
section or who do not have actual knowledge that the patient would
have made a different type of informed consent decision under the
circumstances described in division (B)(3) of this section, may
rely on a consent given in accordance with this section unless a
probate court decides differently under division (C) of this
section.
(b) The immunity conferred by division (C)(2) of section
2133.11 of the Revised Code is not forfeited by an individual who
gives a consent to the withholding or withdrawal of nutrition and
hydration in connection with a patient under division (A)(4) of
this section if the individual gives the consent in good faith and
without actual knowledge, at the time of giving the consent, of
either a contrary previously expressed intention of the patient,
or a previously expressed intention of the patient, as described
in division (B)(2) of this section, that is revealed to the
individual subsequent to the time of giving the consent.
(C)(1) Prior to the withholding or withdrawal of nutrition
and hydration in connection with a patient pursuant to this
section, the priority individual or class of individuals that
consented to the withholding or withdrawal of the nutrition and
hydration shall apply to the probate court of the county in which
the patient is located for the issuance of an order that
authorizes the attending physician of the patient to commence the
withholding or withdrawal of the nutrition and hydration in
connection with the patient. Upon the filing of the application,
the clerk of the probate court shall schedule a hearing on it and
cause a copy of it and a notice of the hearing to be served in
accordance with the Rules of Civil Procedure upon the applicant,
the attending physician, the consulting physician associated with
the determination that nutrition and hydration will not or no
longer will provide comfort or alleviate pain in connection with
the patient, and the individuals described in divisions (B)(1) to
(5) of section 2133.08 of the Revised Code who are not applicants,
which service shall be made, if possible, within three days after
the filing of the application. The hearing shall be conducted at
the earliest possible time, but no sooner than the thirtieth
business day, and no later than the sixtieth business day, after
the service has been completed.
At the hearing, any individual described in divisions (B)(1)
to (5) of section 2133.08 of the Revised Code who is not an
applicant and who disagrees with the decision of the priority
individual or class of individuals to consent to the withholding
or withdrawal of nutrition and hydration in connection with the
patient shall be permitted to testify and present evidence
relative to the use or continuation of nutrition and hydration in
connection with the patient. Immediately following the hearing,
the court shall enter on its journal its determination whether the
requested order will be issued.
(2) The court shall issue an order that authorizes the
patient's attending physician to commence the withholding or
withdrawal of nutrition and hydration in connection with the
patient only if the applicants establish, by clear and convincing
evidence, to a reasonable degree of medical certainty, and in
accordance with reasonable medical standards, all of the
following:
(a) The patient currently is and for at least the immediately
preceding twelve months has been in a permanently unconscious
state.
(b) The patient no longer is able to make informed decisions
regarding the administration of life-sustaining treatment.
(c) There is no reasonable possibility that the patient will
regain the capacity to make informed decisions regarding the
administration of life-sustaining treatment.
(d) The conditions specified in divisions (A)(1) to (4) of
this section have been satisfied.
(e) The decision to withhold or withdraw nutrition and
hydration in connection with the patient is consistent with the
previously expressed intention of the patient as described in
division (B)(2) of this section or is consistent with the type of
informed consent decision that the patient would have made if the
patient previously had expressed an intention with respect to the
use or continuation, or the withholding or withdrawal, of
nutrition and hydration should the patient subsequently be in a
permanently unconscious state and no longer able to make informed
decisions regarding the administration of nutrition and hydration
as described in division (B)(3) of this section.
(3) Notwithstanding any contrary provision of the Revised
Code or of the Rules of Civil Procedure, the state and persons
other than individuals described in division (A)(4) of this
section or in divisions (B)(1) to (5) of section 2133.08 of the
Revised Code and other than the attending physician and consulting
physician associated with the determination that nutrition and
hydration will not or no longer will provide comfort or alleviate
pain in connection with the patient are prohibited from filing an
application under this division and from joining or being joined
as parties to a hearing conducted under this division, including
joining by way of intervention.
(D) A valid consent given in accordance with this section
supersedes any general consent to treatment form signed by or on
behalf of the patient prior to, upon, or after the patient's
admission to a health care facility to the extent there is a
conflict between the consent and the form.
Sec. 2133.12. (A) The death of a qualified patient or other
patient resulting from the withholding or withdrawal of
life-sustaining treatment in accordance with sections 2133.01 to
2133.15 of the Revised Code does not constitute for any purpose a
suicide, aggravated murder, murder, or any other homicide offense.
(B)(1) The execution of a declaration shall not do either of
the following:
(a) Affect the sale, procurement, issuance, or renewal of any
policy of life insurance or annuity, notwithstanding any term of a
policy or annuity to the contrary;
(b) Be deemed to modify or invalidate the terms of any policy
of life insurance or annuity that is in effect on October 10,
1991.
(2) Notwithstanding any term of a policy of life insurance or
annuity to the contrary, the withholding or withdrawal of
life-sustaining treatment from an insured, qualified patient or
other patient in accordance with sections 2133.01 to 2133.15 of
the Revised Code shall not impair or invalidate any policy of life
insurance or annuity.
(3) Notwithstanding any term of a policy or plan to the
contrary, the use or continuation, or the withholding or
withdrawal, of life-sustaining treatment from an insured,
qualified patient or other patient in accordance with sections
2133.01 to 2133.15 of the Revised Code shall not impair or
invalidate any policy of health insurance or any health care
benefit plan.
(4) No physician, health care facility, other health care
provider, person authorized to engage in the business of insurance
in this state under Title XXXIX of the Revised Code, health
insuring corporation, other health care plan, legal entity that is
self-insured and provides benefits to its employees or members, or
other person shall require any individual to execute or refrain
from executing a declaration, or shall require an individual to
revoke or refrain from revoking a declaration, as a condition of
being insured or of receiving health care benefits or services.
(C)(1) Sections 2133.01 to 2133.15 of the Revised Code do not
create any presumption concerning the intention of an individual
who has revoked or has not executed a declaration with respect to
the use or continuation, or the withholding or withdrawal, of
life-sustaining treatment if the individual should be in a
terminal condition or in a permanently unconscious state at any
time.
(2) Sections 2133.01 to 2133.15 of the Revised Code do not
affect the right of a qualified patient or other patient to make
informed decisions regarding the use or continuation, or the
withholding or withdrawal, of life-sustaining treatment as long as
the qualified patient or other patient is able to make those
decisions.
(3) Sections 2133.01 to 2133.15 of the Revised Code do not
require a physician, other health care personnel, or a health care
facility to take action that is contrary to reasonable medical
standards.
(4) Sections 2133.01 to 2133.15 of the Revised Code and, if
applicable, a declaration do not affect or limit the authority of
a physician or a health care facility to provide or not to provide
life-sustaining treatment to a person in accordance with
reasonable medical standards applicable in an emergency situation.
(D) Nothing in sections 2133.01 to 2133.15 of the Revised
Code condones, authorizes, or approves of mercy killing, assisted
suicide, or euthanasia.
(E)(1) Sections 2133.01 to 2133.15 of the Revised Code do not
affect the responsibility of the attending physician of a
qualified patient or other patient, or other health care personnel
acting under the direction of the patient's attending physician,
to provide comfort care to the patient. Nothing in sections
2133.01 to 2133.15 of the Revised Code precludes the attending
physician of a qualified patient or other patient who carries out
the responsibility to provide comfort care to the patient in good
faith and while acting within the scope of the attending
physician's authority from prescribing, dispensing, administering,
or causing to be administered any particular medical procedure,
treatment, intervention, or other measure to the patient,
including, but not limited to, prescribing, personally furnishing,
administering, or causing to be administered by judicious
titration or in another manner any form of medication, for the
purpose of diminishing the qualified patient's or other patient's
pain or discomfort and not for the purpose of postponing or
causing the qualified patient's or other patient's death, even
though the medical procedure, treatment, intervention, or other
measure may appear to hasten or increase the risk of the patient's
death. Nothing in sections 2133.01 to 2133.15 of the Revised Code
precludes health care personnel acting under the direction of the
patient's attending physician who carry out the responsibility to
provide comfort care to the patient in good faith and while acting
within the scope of their authority from dispensing,
administering, or causing to be administered any particular
medical procedure, treatment, intervention, or other measure to
the patient, including, but not limited to, personally furnishing,
administering, or causing to be administered by judicious
titration or in another manner any form of medication, for the
purpose of diminishing the qualified patient's or other patient's
pain or discomfort and not for the purpose of postponing or
causing the qualified patient's or other patient's death, even
though the medical procedure, treatment, intervention, or other
measure may appear to hasten or increase the risk of the patient's
death.
(2)(a) If, at any time, a person described in division
(A)(2)(a)(i) of section 2133.05 of the Revised Code or the
individual or a majority of the individuals in either of the first
two classes of individuals that pertain to a declarant in the
descending order of priority set forth in division (A)(2)(a)(ii)
of section 2133.05 of the Revised Code believes in good faith that
both of the following circumstances apply, the person or the
individual or majority of individuals in either of the first two
classes of individuals may commence an action in the probate court
of the county in which a declarant who is in a terminal condition
or permanently unconscious state is located for the issuance of an
order mandating the use or continuation of comfort care in
connection with the declarant in a manner that is consistent with
division (E)(1) of this section:
(i) Comfort care is not being used or continued in connection
with the declarant.
(ii) The withholding or withdrawal of the comfort care is
contrary to division (E)(1) of this section.
(b) If a declarant did not designate in the declarant's
declaration a person as described in division (A)(2)(a)(i) of
section 2133.05 of the Revised Code and if, at any time, a
priority individual or any member of a priority class of
individuals under division (A)(2)(a)(ii) of section 2133.05 of the
Revised Code or, at any time, the individual or a majority of the
individuals in the next class of individuals that pertains to the
declarant in the descending order of priority set forth in that
division believes in good faith that both of the following
circumstances apply, the priority individual, the member of the
priority class of individuals, or the individual or majority of
individuals in the next class of individuals that pertains to the
declarant may commence an action in the probate court of the
county in which a declarant who is in a terminal condition or
permanently unconscious state is located for the issuance of an
order mandating the use or continuation of comfort care in
connection with the declarant in a manner that is consistent with
division (E)(1) of this section:
(i) Comfort care is not being used or continued in connection
with the declarant.
(ii) The withholding or withdrawal of the comfort care is
contrary to division (E)(1) of this section.
(c) If, at any time, a priority individual or any member of a
priority class of individuals under division described in
divisions (B)(1) to (5) of section 2133.08 of the Revised Code or,
at any time, the individual or a majority of the individuals in
the next class of individuals that pertains to the patient in the
descending order of priority set forth in that division those
divisions believes in good faith that both of the following
circumstances apply, the priority individual, the member of the
priority class of individuals, or the individual or majority of
individuals in the next class of individuals that pertains to the
patient may commence an action in the probate court of the county
in which a patient as described in division (A) of section 2133.08
of the Revised Code is located for the issuance of an order
mandating the use or continuation of comfort care in connection
with the patient in a manner that is consistent with division
(E)(1) of this section:
(i) Comfort care is not being used or continued in connection
with the patient.
(ii) The withholding or withdrawal of the comfort care is
contrary to division (E)(1) of this section.
Section 2. That existing sections 2133.08, 2133.09, and
2133.12 of the Revised Code are hereby repealed.
Section 3. Section 2133.12 of the Revised Code is presented
in this act as a composite of the section as amended by both Sub.
H.B. 354 and Am. Sub. S.B. 66 of the 122nd General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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