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Ohio Laws and Rules
As used in sections 2108.01 to 2108.12 of the Revised Code:
(A) “Anatomical gift” means a donation of all or part of a human body to take effect upon or after death.
(B) “Decedent” means a deceased individual and includes a stillborn infant or fetus.
(C) If a will or other document by which an anatomical gift is made includes a valid specification of the intended donee, “donee” means the specified person or entity; otherwise, “donee” means, in the case of organs, an organ procurement organization that serves the region of the state where the body of the donor is located or, in the case of tissue or eyes, an organization entitled by law to recover the tissue or eyes from the donor’s body.
(D) “Donor” means an individual who makes an anatomical gift.
(E) “Hospital” means any hospital operated in this state that is certified under Title XVIII of the “Social Security Act,” 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or accredited by the joint commission on accreditation of healthcare organizations or the American osteopathic association. “Hospital” also means a facility licensed, accredited, registered, or approved as a hospital under the laws of any state, and includes a facility operated as a hospital by a state or a subdivision of the state, although not required to be licensed under state laws.
(F) “Identification card” means an identification card issued under sections 4507.50 and 4507.51 of the Revised Code.
(G) “Part” means any portion of a human body.
(H) “Tissue” means any body part other than an organ or eye.
(I) “Person” has the same meaning as in section 1.59 of the Revised Code and also includes a government or governmental subdivision or agency.
(J) “Physician” or “surgeon” means an individual who is licensed or authorized to practice medicine and surgery or osteopathic medicine and surgery under the laws of any state.
(K) “Recovery agency” means a nonprofit organization incorporated under Chapter 1702. of the Revised Code that is one of the following:
(1) An organ procurement organization designated by the secretary of health and human services pursuant to Title XVIII of the “Social Security Act,” 49 Stat. 620 (1935), 42 U.S.C. 301, 1320b-8, as amended;
(2) An eye bank that is accredited by the eye bank association of America or that has applied for accreditation, is in substantial compliance with accreditation standards of the association, and since applying for accreditation has been in operation for not longer than one year;
(3) A tissue bank that is certified by the American association of tissue banks or that has applied for certification, is in substantial compliance with certification standards of the association, and since applying for certification has been in operation for not longer than one year.
Effective Date: 12-13-2000
(A) Any individual of sound mind may make an anatomical gift for any purpose specified in section 2108.03 of the Revised Code, the anatomical gift to take effect upon the individual’s death, if either of the following conditions applies:
(1) The individual is eighteen years of age or more;
(2) The individual is less than eighteen years of age and a parent or guardian of the individual signs a document pursuant to division (B)(2) or a statement pursuant to division (C) of section 2108.04 of the Revised Code.
(B) Any of the following persons, in the order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, may make an anatomical gift of all or any part of the body of a decedent for any purpose specified in section 2108.03 of the Revised Code:
(1) The spouse;
(2) An adult son or daughter;
(3) Either parent;
(4) An adult brother or sister;
(5) A grandparent;
(6) A guardian of the person of the decedent at the time of the decedent’s death;
(7) Any other person authorized or under obligation to dispose of the body.
(C) The donee shall not accept the anatomical gift if the donee has actual notice of contrary indications by the decedent or if the anatomical gift is made pursuant to division (B) of this section and that an anatomical gift by a member of a class is opposed by a member of the same or a prior class. The persons authorized in division (B) of this section may make the anatomical gift after or immediately before death.
(D) An anatomical gift authorizes any examination necessary to ensure medical acceptability of the anatomical gift for the purpose intended.
(E) The rights of the donee created by the anatomical gift are paramount to the rights of others except that a coroner or, in the coroner’s absence, a deputy coroner, who has, under section 313.13 of the Revised Code, taken charge of the decedent’s dead body and decided that an autopsy is necessary, has a right to the dead body and any part that is paramount to the rights of the donee. The coroner, or in the coroner’s absence, the deputy coroner, may waive this paramount right and permit the donee to take a donated part if the donated part is or will be unnecessary for successful completion of the autopsy or for evidence. If the coroner or deputy coroner does not waive this paramount right and later determines, while performing the autopsy, that the donated part is or will be unnecessary for successful completion of the autopsy or for evidence, the coroner or deputy coroner may thereupon waive the paramount right and permit the donee to take the donated part, either during the autopsy or after it is completed.
(F) The donee has a property right in an anatomical gift donated pursuant to sections 2108.02 and 2108.04 of the Revised Code and may enforce this right in an action for a declaratory judgment under Chapter 2721. of the Revised Code in the common pleas court of the county where the donor last resided or died or the county where the donee resides. The court shall give such an action precedence over other pending actions.
(G) Nothing in this section shall be construed as requiring a donee to accept an anatomical gift.
Effective Date: 12-13-2000
Every hospital shall develop a protocol consistent with 42 C.F.R. section 482.45 for facilitating procurement of anatomical gifts.
Effective Date: 12-13-2000
Effective Date: 12-13-2000
The following may become donees of anatomical gifts for the purposes stated:
(A) A hospital, surgeon, physician, or recovery agency, for transplantation, therapy, medical or dental education, research, or advancement of medical or dental science;
(B) An accredited medical or dental school, college, or university, for education, research, or advancement of medical or dental science.
Effective Date: 03-27-1991
(A) An individual eighteen years of age or older may make an anatomical gift by will under division (A) of section 2108.02 of the Revised Code. The anatomical gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated or if it is declared invalid for testamentary purposes, the anatomical gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.
(B)(1) An individual may also make an anatomical gift under division (A) of section 2108.02 of the Revised Code by a document other than a will. The anatomical gift becomes effective upon the death of the donor. The document, which may be a card designed to be carried on the person, shall be signed by the donor in the presence of two witnesses who shall sign the document in the donor’s presence. If the donor cannot sign, the document may be signed for the donor at the donor’s direction and in the presence of two witnesses, having no affiliation with the donee, who shall sign the document in the donor’s presence. Delivery of the document of gift during the donor’s lifetime is not necessary to make the anatomical gift valid.
(2) If a person less than eighteen years of age wishes to make an anatomical gift under division (B)(1) of this section, one of the witnesses who signs the document shall be a parent or guardian of that person.
(3) An individual who is a declarant may make an anatomical gift under division (A) of section 2108.02 of the Revised Code by specifying in the declaration the intent of the declarant to make an anatomical gift as provided in section 2133.16 of the Revised Code. A declaration that specifies the intent of a declarant to make an anatomical gift and satisfies the requirements of section 2133.02 of the Revised Code is considered as having satisfied the requirements of division (B)(1) of this section. The declaration is subject to sections 2108.01 to 2108.12 of the Revised Code to the extent that the declaration specifies the intent of the declarant to make an anatomical gift.
As used in division (B)(3) of this section, “declarant” and “declaration” have the same meanings as in section 2133.01 of the Revised Code.
(C) An anatomical gift under division (A) of section 2108.02 of the Revised Code may also be made by a designation, to be provided for on all Ohio driver’s or commercial driver’s licenses and motorcycle operator’s licenses or endorsements, and on all identification cards. The anatomical gift becomes effective upon the death of the donor. The holder of the driver’s or commercial driver’s license or endorsement, or the holder of the identification card must sign a statement at the time of application or renewal of the license, endorsement, or identification card; except that when the holder of the license or card is less than eighteen years of age, the statement also shall be signed by a parent or guardian of the holder. Delivery of the license or identification card during the donor’s lifetime is not necessary to make the anatomical gift valid. Revocation, suspension, or expiration of the license or endorsement will not invalidate the anatomical gift. The anatomical gift must be renewed upon renewal of each license, endorsement, or identification card.
(D) Except as provided in section 2108.07 of the Revised Code, the donee or other person authorized to accept the anatomical gift may employ or authorize any surgeon or physician to carry out the appropriate procedures.
(E) Any anatomical gift by a person specified in division (B) of section 2108.02 of the Revised Code shall be made in one of the following ways:
(1) By a document signed by the person;
(2) By telegram;
(3) By a telephone call in which two persons receive the message and one of them prepares written documentation of the message, or by a telephone call that is recorded mechanically or electronically.
(F) A valid declaration of an anatomical gift made under division (A), (B), or (C) of this section prevails over any contrary desires of the donor’s family regarding the donor’s corpse, but nothing in this section shall be construed as requiring a donee to accept an anatomical gift.
Effective Date: 11-21-2001; 09-16-2004
The donor of an anatomical gift may deliver the will, card, or other document of gift or a copy of the document to a donee to expedite the appropriate procedures after death. Delivery is not necessary to the validity of the anatomical gift. The will, card, or other document, or an executed copy thereof, may be deposited in any hospital, recovery agency or registry office that accepts it for safekeeping or for facilitation of procedures after death. On the request of any interested person made on or after the death of the donor, the person in possession of the document of gift shall allow the interested person to examine or copy the document.
Effective Date: 03-27-1991
(A) If the will, card, or other document of gift or an executed copy thereof, has been delivered to a specified donee, the donor may amend or revoke the anatomical gift by any of the following means:
(1) The execution and delivery to the donee of a signed statement;
(2) An oral statement made in the presence of two persons and communicated to the donee;
(3) A statement during a terminal illness or injury addressed to the physician attending the donor and communicated to the donee;
(4) A signed card or document found on his person or in his effects.
(B) The donor may revoke any document of gift which has not been delivered to the donee, in any manner specified in division (A) of this section or by destruction, cancellation, or mutilation of the document and all executed copies of it.
(C) Any anatomical gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills or as provided in division (A) of this section.
Effective Date: 03-27-1991
(A) A donee may accept or reject an anatomical gift. If a donee accepts an anatomical gift of an entire body, the surviving spouse or next of kin may, after consultation with the donee and subject to the terms of the anatomical gift, allow the embalming and use of the body in funeral services. If the anatomical gift is of a part of a body, the donee, upon the death of the donor and prior to embalming, shall cause the part to be removed without unnecessary disfigurement. After removal of the part, the custody of the remainder of the body vests in the surviving spouse, next of kin, or other persons under obligation to dispose of the body.
(B) The physician who attends the donor at death or, if none, the physician who certifies the death shall determine the time of death of the donor and record the time in writing. The physician determining the time of death or certifying the death shall not participate in the procedures for removing or transplanting a part.
Effective Date: 03-27-1991
(A) With respect to the gift of an eye, 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 may enucleate eyes for the gift after proper certification of death by a physician and compliance with the intent of the gift as defined by sections 2108.01 to 2108.10 of the Revised Code.
(B) As used in this section, “eye enucleation” means the removal of the eyeball in such a way that it comes out clean and whole.
Effective Date: 03-27-1991
A person who in good faith acts, or attempts to act, in accordance with sections 2108.01 to 2108.12, 2108.15, 2108.17, and 2108.18 of the Revised Code, or the anatomical gift laws of another state, is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act.
Effective Date: 11-21-2001
Sections 2108.01 to 2108.09, inclusive of the Revised Code, are enacted to adopt the Uniform Anatomical Gift Act (1968), 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.
Effective Date: 11-06-1969
(A) The document of gift provided for in division (B)(1) of section 2108.04 of the Revised Code shall conform substantially to the following form:
“ANATOMICAL GIFT OF
...................................
(Print or type name of living donor)
In the hope that I may help others upon my death, I hereby give the following body parts:
.............................................. for any purpose authorized by law: transplantation, therapy, research, or education.
Signed by the donor and the following two witnesses in the presence of each other:
Signature of Donor
Date of Birth of Donor
Date Signed
Witness
Witness
This is a legal document under the Uniform Anatomical Gift Act or similar laws.”
The statement of an anatomical gift provided for in division (B)(3) of section 2108.04 of the Revised Code and section 2133.16 of the Revised Code shall conform substantially to the form provided in division (B) of section 2133.07 of the Revised Code.
(B) The document of gift provided for in division (E) of section 2108.04 of the Revised Code shall conform substantially to the following form:
“ANATOMICAL GIFT BY A RELATIVE
OR THE GUARDIAN OF
THE PERSON OF A DECEDENT
I hereby make this anatomical gift from the body of …................. (name) who died on …................. (date) in …................. (city and state)
The marks in the appropriate squares and the words filled into the blanks below indicate my relationship to the decedent and my desires respecting the anatomical gift.
1. I survive the decedent as:
1. [ ] spouse;
2. [ ] adult son or daughter;
3. [ ] parent;
4. [ ] adult brother or sister;
5. [ ] grandparent;
6. [ ] guardian of the person;
7. [ ] person authorized to dispose of the body
2. I hereby give the following body parts:
[ ] heart [ ] liver [ ] skin [ ] middle ear
[ ] kidneys [ ] lung [ ] heart valves [ ] other …...
[ ] pancreas [ ] eyes [ ] bone/ligament
for:
[ ] any purpose authorized by law
[ ] transplantation
[ ] therapy
[ ] medical research and education
3. After the donated organs, tissues, or eyes are removed, the remains of the body shall be disposed of in the following manner:
........................; at the expense of the following person:
........................
Date
........................
City and State
........................
Witness
........................
Signature of Survivor
........................
Witness
........................
Address of Survivor”
(C) The statement of gift provided for in division (C) of section 2108.04 of the Revised Code shall state the following:
“Upon my death, I make an anatomical gift of organs, tissues, and eyes for any purpose authorized by law.”
The statement may be included on an application for a driver’s license, commercial driver’s license, motorcycle operator’s license or endorsement, or state identification card. The donor shall sign the statement or the application containing the statement. If the donor is under eighteen years of age, a parent or guardian of the donor also must sign the statement or the application containing the statement.
Effective Date: 11-21-2001; 09-16-2004
Any anatomical gift designation made prior to the effective date of this section by a person eighteen years old or older that includes that person’s signature is valid regardless of whether it has been witnessed.
Effective Date: 11-21-2001
Subject to the prohibition in section 2108.12 of the Revised Code, the procuring, furnishing, donating, processing, distributing, or using 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 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.
Effective Date: 03-27-1991
(A) No person, for valuable consideration, shall knowingly acquire, receive, or otherwise transfer a human organ, tissue, or eye for transplantation.
(B) Valuable consideration does not include reasonable payments for the removal, processing, disposal, preservation, quality control, storage, transportation, or implantation of a part of a body.
Effective Date: 03-27-1991
(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 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 of the Revised Code concerning circumstances under which an anatomical gift is required to be requested;
(10) 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) Reimbursement of the department of health for administrative costs incurred in the performance of duties under this section and section 2108.17 of the Revised Code;
(12) 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 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.
Effective Date: 11-21-2001; 03-30-2007
Effective Date: 12-31-2000
(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 members of the public appointed by the director who are not affiliated with recovery agencies;
(4) Two members appointed by the director who are either affiliated with recovery agencies or members of the public.
(B) 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 or group of recovery agencies. Recovery agencies that recover only one type of organ, tissue, or part, as well as recovery agencies that recover more than one type of organ, tissue, or part, shall be represented.
No individual appointed under division (A)(2) , (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) 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) 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) The committee shall do all of the following:
(1) Make recommendations to the director of health for projects for funding from the second chance trust fund;
(2) Consult with the registrar of motor vehicles in formulating proposed rules under division (C)(1) of section 2108.18 of the Revised Code;
(3) As requested, consult with the registrar or director on other matters related to organ donation;
(4) Approve brochures, written materials, and electronic media regarding anatomical gifts and anatomical gift procedures for use in driver training schools pursuant to section 4508.021 of the Revised Code.
(H) The committee is not subject to section 101.84 of the Revised Code.
Effective Date: 10-11-2002; 09-16-2004
(A)(1) The bureau of motor vehicles shall develop and maintain a donor registry that identifies each individual who has agreed to make an anatomical gift by a designation on a driver’s or commercial driver’s license or motorcycle operator’s license or endorsement as provided in division (C) of section 2108.04 of the Revised Code. The registry shall be fully operational not later than July 1, 2002.
(2) Any person who provides to the bureau the form set forth in division (C)(2) of section 2133.07 of the Revised Code requesting to be included in the donor registry shall be included.
(B) The bureau shall maintain the registry in a manner that provides to organ procurement organizations, tissue banks, and eye banks immediate access to the information in the registry twenty-four hours a day and seven days a week.
(C)(1) The registrar of motor vehicles, in consultation with the director of health and the second chance trust fund advisory committee created under section 2108.17 of the Revised Code, shall formulate proposed rules that specify all of the following:
(a) The information to be included in the registry;
(b) A process, in addition to that provided for in section 2108.06 of the Revised Code, for an individual to revoke the individual’s intent to make an anatomical gift and for updating information in the registry;
(c) How the registry will be made available to organ procurement organizations, tissue banks, and eye banks;
(d) Limitations on the use of and access to the registry;
(e) How information on organ, tissue, and eye donation will be developed and disseminated to the public by the bureau and the department of health;
(f) Anything else the registrar considers appropriate.
(2) In formulating the proposed rules under this division, the registrar may consult with any person or entity that expresses an interest in the matters to be dealt with in the rules.
(3) Following formulation of the proposed rules, but not later than January 1, 2002, the registrar shall adopt rules in accordance with Chapter 119. of the Revised Code.
(D) The costs of developing and initially implementing the registry shall be paid from the second chance trust fund created in section 2108.15 of the Revised Code.
Effective Date: 12-13-2000; 09-16-2004
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 of the Revised Code. The bureau of motor vehicles shall pay the costs of maintaining the toll-free telephone number.
Effective Date: 12-13-2000
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, 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.
Effective Date: 12-13-2000
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 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.
Effective Date: 09-22-1983
An individual is dead if he 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 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 actions.
Effective Date: 03-15-1982
(A) Subject to section 2108.521 of the Revised Code, an autopsy or post-mortem examination may be performed upon the body of a deceased person by a licensed physician or surgeon if consent has been given by the person who has the right of disposition under section 2108.70 or 2108.81 of the Revised Code.
(B) Consent to an autopsy or post-mortem examination given under this section may be revoked only by the person executing the consent and in the same manner as required for execution of consent under this section.
Effective Date: 01-30-2004; 10-12-2006
Any licensed physician or surgeon who, in good faith and acting in reliance upon an instrument of consent for an autopsy or post-mortem examination executed under section 2108.50 of the Revised Code and without actual knowledge of revocation of such consent, performs an autopsy or post-mortem examination is not liable in a civil or criminal action brought against him for such act.
Effective Date: 11-27-1969
The requirements of section 2108.50 of the Revised Code do not apply to a post-mortem or other examination performed under sections 313.01 to 313.22 of the Revised Code, or to medical, surgical, and anatomical study performed under sections 1713.34 to 1713.42 of the Revised Code.
Effective Date: 06-13-1975
(A) If a mentally retarded person or a developmentally disabled person dies, if the department of mental retardation and developmental disabilities or a county board of mental retardation and developmental disabilities has a good faith reason to believe that the deceased person’s death occurred under suspicious circumstances, if the coroner was apprised of the circumstances of the death, and if the coroner after being so apprised of the circumstances declines to conduct an autopsy, the department or the board may file a petition in a court of common pleas seeking an order authorizing an autopsy or post-mortem examination under this section.
(B) Upon the filing of a petition under division (A) of this section, the court may conduct, but is not required to conduct, a hearing on the petition. The court may determine whether to grant the petition without a hearing. The department or board, and all other interested parties, may submit information and statements to the court that are relevant to the petition, and, if the court conducts a hearing, may present evidence and testimony at the hearing. The court shall order the requested autopsy or post-mortem examination if it finds that, under the circumstances, the department or board has demonstrated a need for the autopsy or post-mortem examination. The court shall order an autopsy or post-mortem examination in the circumstances specified in this division regardless of whether any consent has been given, or has been given and withdrawn, under section 2108.50 of the Revised Code, and regardless of whether any information was presented to the coroner pursuant to section 313.131 of the Revised Code or to the court under this section regarding an autopsy being contrary to the deceased person’s religious beliefs.
(C) An autopsy or post-mortem examination ordered under this section may be performed upon the body of the deceased person by a licensed physician or surgeon. The court may identify in the order the person who is to perform the autopsy or post-mortem examination. If an autopsy or post-mortem examination is ordered under this section, the department or board that requested the autopsy or examination shall pay the physician or surgeon who performs the autopsy or examination for costs and expenses incurred in performing the autopsy or examination.
Effective Date: 01-30-2004
(A) A county coroner who performs an autopsy under section 313.13 of the Revised Code may, except as provided in divisions (B) and (C) of this section, remove the pituitary gland from the body and give it to the national pituitary agency to use for research and in manufacturing a hormone necessary for the physical growth of persons who are hypopituitary dwarfs, or to any other agency or organization to use for such research and manufacturing.
(B) If the pituitary gland is unnecessary for the successful completion of the autopsy or for evidence, the coroner shall not alter a gift made by the decedent or any other authorized person under Chapter 2108. of the Revised Code to an organization.
(C) If the pituitary gland is unnecessary for the successful completion of the autopsy or for evidence, the coroner shall not remove the pituitary gland under division (A) of this section if the next of kin of the decedent notifies the coroner that he objects to the actions of the coroner on the ground that the actions would violate the tenets of a well-recognized religion.
Effective Date: 10-19-1978
(A) As used in this section:
(1) “Cornea” or “corneas” includes corneal tissue.
(2) “Eye bank” means a nonprofit corporation that is organized under the laws of this state, the purposes of which include obtaining, storing, and distributing corneas to be used for corneal transplants or other medical or medical research purposes, and that is exempt from federal taxation under subsection 501(c) of the Internal Revenue Code.
(3) “Eye bank official” means a person authorized by the trustees of an eye bank to make requests for corneas to be used for corneal transplants or other medical or medical research purposes.
(4) “Eye technician” means a person authorized by the medical director of an eye bank to remove the corneas of a decedent.
(5) “Internal Revenue Code” means the “Internal Revenue Code of 1954,” 68A Stat. 3, 26 U.S.C. 1, as amended.
(B) A county coroner who performs an autopsy, pursuant to section 313.13 of the Revised Code, may remove one or both corneas of the decedent, or a coroner may authorize a deputy coroner, physician or surgeon licensed pursuant to section 4731.14 of the Revised Code, embalmer authorized under section 2108.071 of the Revised Code to enucleate eyes, or eye technician to remove one or both corneas of a decedent whose body is the subject of an autopsy performed pursuant to section 313.13 of the Revised Code, if all of the following apply:
(1) The corneas are not necessary for the successful completion of the autopsy or for evidence;
(2) An eye bank official has requested the removal of corneas and certified to the coroner in writing that the corneas will be used only for corneal transplants or other medical or medical research purposes;
(3) The removal of the corneas and gift to the eye bank do not alter a gift made by the decedent or any other person authorized under this chapter to an agency or organization other than the eye bank;
(4) The coroner, at the time he removes or authorizes the removal of the corneas, has no knowledge of an objection to the removal by any of the following:
(a) The decedent, as evidenced in a written document executed during his lifetime;
(b) The decedent’s spouse;
(c) If there is no spouse, the decedent’s adult children;
(d) If there is no spouse and no adult children, the decedent’s parents;
(e) If there is no spouse, no adult children, and no parents, the decedent’s brothers or sisters;
(f) If there is no spouse, no adult children, no parents, and no brothers or sisters, the guardian of the person of the decedent at the time of death;
(g) If there is no spouse, no adult children, no parents, no brothers or sisters, no guardian of the person of the decedent at the time of death, any other person authorized or under obligation to dispose of the body.
(C) Any person who acts in good faith under this section and without knowledge of an objection, as described in division (B)(4) of this section, to the removal of corneas is not liable in any civil or criminal action based on the removal.
Effective Date: 03-28-1984
(A) As used in this section and sections 2108.71 to 2108.90 of the Revised Code:
(1) “Adult” means an individual who is eighteen years of age or older.
(2) “Declarant” means an adult who has executed a written declaration described in division (B) of this section.
(3) “Representative” means an adult or a group of adults, collectively, to whom a declarant has assigned the right of disposition.
(4) “Right of disposition” means one or more of the rights described in division (B) of this section that a declarant chooses to assign to a representative in a written declaration executed under that division or all of the rights described in division (B) of this section that are assigned to a person pursuant to section 2108.81 of the Revised Code.
(5) “Successor representative” means an adult or group of adults, collectively, to whom the right of disposition for a declarant has been reassigned because the declarant’s representative is disqualified from exercising the right under section 2108.75 of the Revised Code. Each successor representative shall be considered in the order the representative is designated by the declarant.
(B) An adult who is of sound mind may execute at any time a written declaration assigning to a representative one or more of the following rights:
(1) The right to direct the disposition, after death, of the declarant’s body or any part of the declarant’s body that becomes separated from the body before death. This right includes the right to determine the location, manner, and conditions of the disposition of the declarant’s bodily remains.
(2) The right to make arrangements and purchase goods and services for the declarant’s funeral. This right includes the right to determine the location, manner, and condition of the declarant’s funeral.
(3) The right to make arrangements and purchase goods and services for the declarant’s burial, cremation, or other manner of final disposition. This right includes the right to determine the location, manner, and condition of the declarant’s burial, cremation, or other manner of final disposition.
(C)(1) Subject to division (C)(2) of this section, a declarant may designate a successor representative.
(2) If a representative is a group of persons and not all of the persons in the group meet at least one criterion to be disqualified from serving as the representative, as described in section 2108.75 of the Revised Code, the persons in the group who are not disqualified shall remain the representative who has the right of disposition.
(D) The assignment or reassignment of a right of disposition to a representative and a successor representative supercedes an assignment of a right of disposition under section 2108.81 of the Revised Code.
Effective Date: 10-12-2006
The assignment or reassignment of a right of disposition by a declarant under section 2108.70 of the Revised Code vests in a representative or a successor representative at the time of the declarant’s death.
Effective Date: 10-12-2006
(A) The written declaration described in section 2108.70 of the Revised Code shall include all of the following:
(1) The declarant’s legal name and present address;
(2) A statement that the declarant, an adult being of sound mind, willfully and voluntarily appoints a representative to have the declarant’s right of disposition for the declarant’s body upon the declarant’s death;
(3) A statement that all decisions made by the declarant’s representative with respect to the right of disposition are binding;
(4) The name, last known address, and last known telephone number of the representative or, if the representative is a group of persons, the name, last known address, and last known telephone number of each person in the group;
(5) If the declarant chooses to have a successor representative, a statement that if any person or group of persons named as the declarant’s representative is disqualified from serving in such position as described in section 2108.75 of the Revised Code, the declarant appoints a successor representative;
(6) If applicable, the name, last known address, and last known telephone number of the successor representative or, if the successor representative is a group of persons, the name, last known address, and last known telephone number of each person in the group;
(7) A space where the declarant may indicate the declarant’s preferences regarding how the right of disposition should be exercised, including any religious observances the declarant wishes the person with the right of disposition to consider;
(8) A space where the declarant may indicate one or more sources of funds that may be used to pay for goods and services associated with the exercise of the right of disposition;
(9) A statement that the declarant’s written declaration becomes effective on the declarant’s death;
(10) A statement that the declarant revokes any written declaration that the declarant executed, in accordance with section 2108.70 of the Revised Code, prior to the execution of the present written declaration.
(11) A space where the declarant can sign and date the written declaration;
(12) A space where a notary public or two witnesses can sign and date the written declaration as described in section 2108.73 of the Revised Code.
(B) A written declaration may take the following form:
APPOINTMENT OF REPRESENTATIVE FOR DISPOSITION OF BODILY REMAINS, FUNERAL ARRANGEMENTS, AND BURIAL OR CREMATION GOODS AND SERVICES:
I, ................. (legal name and present address of declarant), an adult being of sound mind, willfully and voluntarily appoint my representative, named below, to have the right of disposition, as defined in section 2108.70 of the Revised Code, for my body upon my death. All decisions made by my representative with respect to the right of disposition shall be binding.
REPRESENTATIVE:
(If the representative is a group of persons, indicate the name, last known address, and telephone number of each person in the group.)
Name(s): ..................................................
Address(es): ..............................................
Telephone Number(s): ......................................
SUCCESSOR REPRESENTATIVE:
If my representative is disqualified from serving as my representative as described in section 2108.75 of the Revised Code, then I hereby appoint the following person or group of persons to serve as my successor representative.
(If the successor representative is a group of persons, indicate the name, last known address, and telephone number of each person in the group.)
Name(s): ..................................................
Address(es): ..............................................
Telephone Number(s): ......................................
PREFERENCES REGARDING HOW THE RIGHT OF DISPOSITION SHOULD BE EXERCISED, INCLUDING ANY RELIGIOUS OBSERVANCES THE DECLARANT WISHES A REPRESENTATIVE OR A SUCCESSOR REPRESENTATIVE TO CONSIDER:
ONE OR MORE SOURCES OF FUNDS THAT COULD BE USED TO PAY FOR GOODS AND SERVICES ASSOCIATED WITH AN EXERCISE OF THE RIGHT OF DISPOSITION:
DURATION:
The appointment of my representative and, if applicable, successor representative, becomes effective upon my death.
PRIOR APPOINTMENTS REVOKED:
I hereby revoke any written declaration that I executed in accordance with section 2108.70 of the Ohio Revised Code prior to the date of execution of this written declaration indicated below.
AUTHORIZATION TO ACT:
I hereby agree that any of the following that receives a copy of this written declaration may act under it:
- Cemetery organization;
- Crematory operator;
- Business operating a columbarium;
- Funeral director;
- Embalmer;
- Funeral home;
- Any other person asked to assist with my funeral, burial, cremation, or other manner of final disposition.
MODIFICATION AND REVOCATION – WHEN EFFECTIVE:
Any modification or revocation of this written declaration is not effective as to any party until that party receives actual notice of the modification or revocation.
LIABILITY:
No person who acts in accordance with a properly executed copy of this written declaration shall be liable for damages of any kind associated with the person’s reliance on this declaration. Signed this …... day of ….....................................(Signature of declarant)
ACKNOWLEDGMENT OF ASSUMPTION OF OBLIGATIONS AND COSTS:
By signing below, the representative, or successor representative, if applicable, acknowledges that he or she, as representative or successor representative, assumes the right of disposition as defined in section 2108.70 of the Revised Code, and understands that he or she is liable for the reasonable costs of exercising the right, including any goods and services that are purchased.
ACCEPTANCE (OPTIONAL):
The undersigned hereby accepts this appointment as representative or successor representative, as applicable, for the right of disposition as defined in section 2108.70 of the Revised Code.
Signed this …... day of ….....................................
Signature of representative (if representative is a group of persons, each person in the group shall sign)
Signed this …... day of ….....................................
Signature of successor representative (if successor representative is a group of persons, each person in the group shall sign)
WITNESSES:
I attest that the declarant signed or acknowledged this assignment of the right of disposition under section 2108.70 of the Revised Code in my presence and that the declarant is at least eighteen years of age and appears to be of sound mind and not under or subject to duress, fraud, or undue influence. I further attest that I am not the declarant’s representative or successor representative, I am at least eighteen years of age, and I am not related to the declarant by blood, marriage, or adoption.
First witness:
Name (printed):
........................
Residing at:
..............
Signature:
....................................................
Date:
........................
Second witness:
Name (printed):
........................
Residing at:
..............
Signature:
....................................................
Date:
........................
OR
NOTARY ACKNOWLEDGMENT:
State of Ohio
County of ….......... SS.
On …............, before me, the undersigned notary public, personally appeared ….............., known to me or satisfactorily proven to be the person whose name is subscribed as the declarant, and who has acknowledged that he or she executed this written declaration under section 2108.70 of the Revised Code for the purposes expressed in that section. I attest that the declarant is at least eighteen years of age and appears to be of sound mind and not under or subject to duress, fraud, or undue influence.
Signature of notary public…...........................
My commission expires on: ....
Effective Date: 10-12-2006
A written declaration executed by a declarant under section 2108.70 of the Revised Code shall be signed and dated by the declarant in the presence of either of the following:
(A) A notary public who shall make the certification described in section 147.53 of the Revised Code.
(B) Two witnesses who are adults and who are not related by blood, marriage, or adoption to the declarant.
Effective Date: 10-12-2006
A declarant who executes a written declaration in accordance with section 2108.73 of the Revised Code warrants the truthfulness of the entire content of the declaration.
Effective Date: 10-12-2006
(A) A person shall be disqualified from serving as a representative or successor representative, or from having the right of disposition for a deceased adult pursuant to section 2108.81 of the Revised Code, if any of the following occurs:
(1) The person dies.
(2) A probate court declares or determines that the person is incompetent.
(3) The person resigns or declines to exercise the right as described in section 2108.88 of the Revised Code.
(4) The person refuses to exercise the right within two days after notification of the declarant’s death.
(5) The person cannot be located with reasonable effort.
(6) The person meets the criteria described in section 2108.76 or 2108.77 of the Revised Code.
(B) No owner, employee, or agent of a funeral home, cemetery, or crematory providing funeral, burial, or cremation services for a declarant shall serve as a representative or successor representative for the declarant unless the owner, employee, or agent is related to the declarant by blood, marriage, or adoption.
(C) Subject to divisions (C)(2) and (D)(2) of section 2108.70 of the Revised Code, if a person is disqualified from serving as the declarant’s representative or successor representative, or from having the right of disposition for a deceased adult pursuant to section 2108.81 of the Revised Code, as described in division (A) of this section, the right is automatically reassigned to, and vests in, the next person who has the right pursuant to the declarant’s written declaration or pursuant to the order of priority in section 2108.81 of the Revised Code.
Effective Date: 10-12-2006
(A) Except as provided in division (B) of this section, if the person named as the declarant’s representative or successor representative in a written declaration was the declarant’s spouse at the time the declaration was executed, but is not the declarant’s spouse at the time of the declarant’s death, the former spouse shall no longer be qualified to serve as the declarant’s representative or successor representative.
(B) Division (A) of this section shall not apply and a former spouse is qualified to serve as a declarant’s representative or successor representative if the declarant signs and dates, after the termination of the marriage, a document stating the declarant’s intent that the former spouse be the declarant’s representative or successor representative. The document must be notarized or witnessed in accordance with the procedures described in section 2108.73 of the Revised Code.
Effective Date: 10-12-2006
If the person named as the declarant’s representative or successor representative in a written declaration, or the person who has a deceased adult’s right of disposition pursuant to section 2108.81 of the Revised Code, meets any of the following criteria, the person shall be disqualified from serving as the representative or successor representative, or from having the right:
(A)(1) Subject to division (A)(2) of this section, the person has been charged with murder, aggravated murder, or voluntary manslaughter.
(2) If the charges against the person described in division (A)(1) of this section are dismissed or if the person is acquitted of such charges, the right is restored to the person.
(B)(1) Subject to division (B)(2) of this section, the person has been charged with an act of domestic violence under section 2919.25 of the Revised Code and it has been alleged in the charging instrument or accompanying papers that the act resulted in or contributed to the declarant’s death.
(2) If the charges against the person described in division (B)(1) of this section are dismissed or if the person is acquitted of such charges, the right is restored to the person.
(C) The person and the declarant or deceased adult are spouses and an action to terminate the marriage pursuant to Chapter 3105. of the Revised Code was pending at the time of the declarant’s or deceased adult’s death.
(D) The person and the declarant or deceased adult are spouses and a probate court, on the motion of any other person or its own motion, determines that the declarant’s or deceased adult’s spouse and the declarant were estranged at the time of the declarant’s or deceased adult’s death. As used in this division, “estranged” means that a declarant’s or a deceased adult’s spouse and the declarant or deceased adult were physically and emotionally separated from each other, at the time of the declarant’s or deceased adult’s death, and had been separated for a period of time that clearly demonstrates an absence of due affection, trust, and regard between spouse and the declarant of deceased adult.
Effective Date: 10-12-2006
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 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.
Effective Date: 10-12-2006
(A) Subject to divisions (B) and (C) of this section, if a declarant’s representative or successor representative is a group of people in whom the right of disposition has vested as described in section 2108.71 of the Revised Code, or if a class of persons has the right as described in section 2108.81 of the Revised Code, and the persons in the group or class disagree regarding how the right is to be exercised, the decisions of the majority of the persons in the group or class shall prevail.
(B) If, after reasonable efforts, less than all of the persons in a group or class described in division (A) of this section have been located, the decisions of the majority of the persons in the group or class who have been located prevail.
(C) If a majority of persons cannot reach a decision under division (A) or (B) of this section, the probate court of the county in which the declarant or deceased person resided at the time of death shall make the decision in accordance with the criteria set forth in division (B) of section 2108.82 of the Revised Code.
Effective Date: 10-12-2006
A declarant may revoke a written declaration executed under section 2108.70 of the Revised Code by indicating the declarant’s desire to revoke the declaration in a document signed and dated by the declarant in the presence of either of the following:
(A) A notary public who shall make the certification described in section 147.53 of the Revised Code.
(B) Two witnesses who are adults and are not related by blood, marriage, or adoption to the declarant.
Effective Date: 10-12-2006
(A) If either of the following is true, division (B) of this section shall apply:
(1) An adult has not executed a written declaration pursuant to sections 2108.70 to 2108.73 of the Revised Code that remains in force at the time of the adult’s death.
(2) Each person to whom the right of disposition has been assigned or reassigned pursuant to a written declaration is disqualified from exercising the right as described in section 2108.75 of the Revised Code.
(B) Subject to division (A) of this section and sections 2108.75 and 2108.79 of the Revised Code, the right of disposition is assigned to the following persons, if mentally competent adults who can be located with reasonable effort, in the order of priority stated:
(1) The deceased person’s surviving spouse;
(2) The sole surviving child of the deceased person or, if there is more than one surviving child, all of the surviving children, collectively.
(3) The deceased person’s surviving parent or parents;
(4) The deceased person’s surviving sibling, whether of the whole or of the half blood or, if there is more than one sibling of the whole or of the half blood, all of the surviving siblings, collectively;
(5) The deceased person’s surviving grandparent or grandparents;
(6) The lineal descendants of the deceased person’s grandparents, as described in division (I) of section 2105.06 of the Revised Code;
(7) The person who was the deceased person’s guardian at the time of the deceased person’s death, if a guardian had been appointed;
(8) Any other person willing to assume the right of disposition, including the personal representative of the deceased person’s estate or the licensed funeral director with custody of the deceased person’s body, after attesting in writing that a good faith effort has been made to locate the persons in divisions (B)(1) to (7) of this section.
Effective Date: 10-12-2006
(A) Notwithstanding section 2108.81 of the Revised Code and in accordance with division (B) of this section, the probate court for the county in which the declarant or deceased person resided at the time of death may, on its own motion or the motion of another person, assign to any person the right of disposition for a declarant or deceased person.
(B) In making a determination for purposes of division (A) of this section and division (C) of section 2108.79 of the Revised Code, the court shall consider the following:
(1) Whether evidence presented to, or in the possession of the court, demonstrates that the person who is the subject of the motion and the declarant or deceased person had a close personal relationship;
(2) The reasonableness and practicality of any plans that the person who is the subject of the motion may have for the declarant’s or deceased person’s funeral, burial, cremation, or final disposition, including the degree to which such plans allow maximum participation by all persons who wish to pay their final respects to the deceased person;
(3) The willingness of the person who is the subject of the motion to assume the responsibility to pay for the declarant’s or deceased person’s funeral, burial, cremation, or final disposition and the desires of that person;
(4) The convenience and needs of other families and friends wishing to pay their final respects to the declarant or deceased person;
(5) The express written desires of the declarant or deceased person.
(C) Except to the extent considered under division (B)(3) of this section, the following persons do not have a greater claim to the right of disposition than such persons otherwise have pursuant to law:
(1) A person who is willing to assume the responsibility to pay for the declarant’s or deceased person’s funeral, burial, cremation, or final disposition;
(2) The personal representative of the declarant or deceased person.
Effective Date: 10-12-2006
In the event of a dispute regarding the right of disposition, a funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person asked to assist with a declarant’s or deceased person’s funeral, burial, cremation, or other manner of final disposition shall not be liable for damages of any kind for refusing to accept the remains, refusing to inter, cremate, or otherwise dispose of the remains, or refusing to complete funeral or other arrangements pertaining to final disposition until such funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person receives a court order or a written document that is executed by a person that the funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person reasonably believes has the right of disposition and that clearly expresses how the right of disposition is to be exercised.
Effective Date: 10-12-2006
If a funeral home, funeral director, crematory operator, or other person asked to assist with a declarant’s or deceased person’s funeral, burial, cremation, or other manner of final disposition is in possession of a declarant’s or deceased person’s remains while a dispute described in section 2108.83 of the Revised Code is pending, the funeral home, funeral director, crematory operator, or other person may embalm or refrigerate and shelter the remains to preserve them and may add the cost of embalming, refrigeration, and sheltering to the final disposition costs to be charged.
Effective Date: 10-12-2006
(A) If a funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person asked to assist with a declarant’s or deceased person’s funeral, burial, cremation, or other manner of final disposition brings a legal action for purposes of section 2108.83 or 2108.84 of the Revised Code, the funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person may add to the costs the person charges for the goods and services the person provided the legal fees, if reasonable, and the court costs that the person incurred.
(B) The right created by division (A) of this section shall neither be construed to require, nor impose a duty on, a funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person asked to assist with a declarant’s or deceased person’s funeral, burial, cremation, or other manner of final disposition, to bring a legal action and such person shall not be held criminally or civilly liable for not bringing an action.
Effective Date: 10-12-2006
(A) A funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person asked to assist with a declarant’s funeral, burial, cremation, or other manner of final disposition has the right to rely on the content of a written declaration and the instructions of the person or group of persons whom the funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person reasonably believes has the right of disposition.
(B) If the circumstances described in division (A) of section 2108.81 of the Revised Code apply, a funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person asked to assist with a deceased person’s funeral, burial, cremation, or other manner of final disposition has the right to rely on the instructions of the person or group of persons the funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person reasonably believes has the right of disposition pursuant to section 2108.81 of the Revised Code.
(C) No funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person asked to assist with a deceased person’s funeral, burial, cremation, or other manner of final disposition, who relies, pursuant to divisions (A) and (B) of this section, in good faith on the contents of a written declaration or the instructions of the person or group of persons the funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person reasonably believes has the right of disposition, shall be subject to criminal or civil liability or subject to disciplinary action for taking an action or not taking an action in reliance on such contents or instructions and for otherwise complying with sections 2108.70 to 2108.90 of the Revised Code.
Effective Date: 10-12-2006
(A) A funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person asked to assist with a deceased person’s funeral, burial, cremation, or other manner of final disposition may independently investigate the existence of, or locate or contact, the following persons:
(1) A representative or successor representative named in a written declaration;
(2) A person listed in section 2108.81 of the Revised Code.
(B) In no circumstances shall a funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person asked to assist with a deceased person’s funeral, burial, cremation, or other manner of final disposition have a duty to independently investigate the existence of, or locate or contact, the persons described in division (A) of this section.
Effective Date: 10-12-2006
(A) A person to whom a declarant’s or deceased person’s right of disposition has been assigned or reassigned pursuant to section 2108.70 or 2108.81 of the Revised Code may decline to exercise the right or resign after beginning to exercise the right.
(B) A person described in division (A) of this section who resigns after beginning to exercise the right shall be subject to section 2108.89 of the Revised Code.
Effective Date: 10-12-2006
The following persons shall be liable for the reasonable costs of any goods or services purchased in connection with the exercise of the right of disposition for a declarant or deceased person:
(A) A representative or successor who assumes liability for the cost of such goods and services by signing a written declaration that states that such an assumption is made;
(B) A person to whom the right of disposition is assigned pursuant to section 2108.81 of the Revised Code and who has purchased goods or services associated with an exercise of the right.
Effective Date: 10-12-2006
Pursuant to division (A) of section 2101.24 of the Revised Code, the probate court for the county in which the declarant or deceased person resided at the time of death or the county in which a living person whose post-death arrangements are the subject of dispute resides shall have exclusive jurisdiction over any action that results from sections 2108.70 to 2108.89 of the Revised Code.
Effective Date: 10-12-2006
Whoever violates section 2108.12 of the Revised Code is guilty of unlawful transfer of body parts, a felony of the fifth degree.
Effective Date: 07-01-1996