Ohio Revised Code Search

...Sections 2108.01 to 2108.29 of the Revised Code are enacted to adopt the Revised Uniform Anatomical Gift Act (2006), national conference of commissioners on uniform state laws.

...Sections 2108.01 to 2108.29 of the Revised Code apply to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

...e Revised Code because the donor is at least fifteen years and six months of age. (B) An agent of the donor, unless the durable power of attorney for health care or other record prohibits the agent from making an anatomical gift; (C) A parent of the donor, if the donor is an unemancipated minor; (D) The donor's guardian.

...lication for or renewal of a motor vehicle registration that the donor has certified a willingness to make an anatomical gift; (3) Beginning on August 1, 2025, specifying during an application for a hunting or fishing license that the donor has certified a willingness to make an anatomical gift; (4) During a terminal illness or injury of the donor, communicating in any manner to a minimum of two adults, at least ...

...donor or other person is physically unable to sign; (3) By a later-executed document of gift that amends a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency; (4) By any form of communication during a terminal illness or injury addressed to at least two adults; (5) By a parent who is reasonably available, if the donor is an unemancipated minor who has died. (B) Sub...

... contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part. (E) The parent of a deceased unemancipated minor who is reasonably available may revoke a refusal made by the minor.

... part for one or more of the purposes set forth in section 2108.04 of the Revised Code shall not be a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or other person under section 2108.05 or 2108.10 of the Revised Code.

...ons (B) and (C) of this section, and unless barred by section 2108.07 or 2108.08 of the Revised Code, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made in the manner provided for under section 2108.10 of the Revised Code by any member of the following classes of persons who is reasonably available, in the following order of priority: (...

...t person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. (B) Subject to division (C) of this section, an anatomical gift made by a person authorized to make a gift under section 2108.09 of the Revised Code may be amended or revoked orally or in a record by any member of a prior class who is reason...

...than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education. (E) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person ...

...(A) If any of the following persons, while acting in the course of the person's official duties, finds an individual and reasonably believes that the individual is dead or near death, the person shall make a reasonable search of the body of the individual for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) A law enforcement offic...

...not be delivered during the donor's lifetime to be effective. (B) On or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person t...

...the individual resides to ascertain whether the individual has made an anatomical gift. The bureau of motor vehicles shall allow the procurement organization reasonable access to its records for purposes of ascertaining whether the individual is a donor. (B) When a hospital employee or agent refers an individual at or near death to a procurement organization, the organization may conduct any reasonable exa...

...ept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and sections 2108.01 to 2108.29 of the Revised Code, a person that accepts an anatomical gift of an entire body may allow embalming, burial, or cremation, and use of remains in a funeral service. If the gift is of a part, the person to whom the part passes under section 2108.11 of the Revised Code,...

...t, or certified nurse practitioner who determines the time of the decedent's death shall participate in the procedures for removing or transplanting a part from the decedent.

...Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

...his section, no person shall, for valuable consideration, knowingly purchase or sell a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death. (B) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.

...No person shall intentionally falsify, forge, conceal, deface, or obliterate a document of gift, an amendment or revocation of a document of gift, or a refusal in order to obtain a financial gain.

...f the Revised Code or with the applicable anatomical gift laws of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (B) Neither the person making the anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.

...hip to the donor or prospective donor unless the person knows that the representation is untrue.

...w of this state shall govern the interpretation of the document of gift. (C) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

...icles or a deputy registrar shall ask whether each of the following wishes to certify the applicant's willingness to become a donor: (a) A person applying for or renewing a driver's license; (b) A person applying for or renewing an identification card; (c) A person applying for or renewing a motor vehicle registration. (3) The registrar or deputy registrar shall provide to any applicant who wishes to certify ...

...n August 1, 2025, an issuer shall ask whether an eligible person wishes to certify the person's willingness to become an anatomical gift donor when the person is applying for a hunting or fishing license in person. (2) If an eligible person indicates to the issuer the person's willingness to become an anatomical gift donor, the issuer shall register the eligible person in the donor registry maintained by the bureau...

...the individual or class of individuals determined in the following descending order of priority and subject to divisions (D), (E), (F), and (G) of this section shall act for the prospective donor to resolve the conflict: (a) The prospective donor's surviving spouse; (b) The prospective donor's surviving adult children; (c) The prospective donor's surviving parent or parents; (d) The prospective donor's surviv...

... used in this section and sections 2108.26 to 2108.272 of the Revised Code, "coroner" includes a medical examiner. A coroner shall cooperate with procurement organizations as described in sections 2108.26 to 2108.271 of the Revised Code to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.