Ohio Revised Code Search
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Section 2108.07 | Refusal to make anatomical gift.
...(A) An individual may refuse to make an anatomical gift of the individual's body or part by doing any of the following: (1) Indicating a refusal in a record signed by either of the following: (a) The individual; (b) Subject to division (B) of this section, another individual acting at the direction of the individual, if the individual is physically unable to sign. (2) Indicating a refusal by any form of comm... |
Section 2108.08 | Action by person other than donor.
...(A) Subject to division (F) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor shall be barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under section 2108.05 of the Revised Code or an amendment to an anatomical gift of the donor's body or part under ... |
Section 2108.09 | Anatomical gift after donor's death.
...(A) Subject to divisions (B) and (C) of this section, and unless barred by section 2108.07 or 2108.08 of the Revised Code, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made in the manner provided for under section 2108.10 of the Revised Code by any member of the following classes of persons who is reasonably available, in the following o... |
Section 2108.10 | Making anatomical gift after donor's death.
...(A) A person authorized to make an anatomical gift under section 2108.09 of the Revised Code may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. (B) Subject to division (C) of this section, an anatom... |
Section 2108.11 | Donees and purposes of anatomical gift.
...(A) An anatomical gift may be made to any of the following persons named in the document of gift: (1) A hospital; an accredited medical school, dental school, college, or university; an organ procurement organization; or another appropriate person, for research or education; (2) Subject to division (B) of this section, an individual designated by the person making the anatomical gift if the individual is the ... |
Section 2108.12 | Search for evidence of donor intent.
...(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... |
Section 2108.13 | Delivery of document of gift not required.
...(A) A document of gift need not be delivered during the donor's lifetime to be effective. (B) On or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the... |
Section 2108.14 | Referral of dying person to procurement organization.
...(A) When a hospital employee or agent refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the bureau of motor vehicles and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift. The bureau of motor vehicles shall allow... |
Section 2108.15 | Rights of anatomical gift donee - acceptance or rejection.
...Subject to division (I) of section 2108.11 and sections 2108.26 to 2108.272 of the Revised Code, the rights of the person to which a part passes under section 2108.11 of the Revised Code shall be superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and sections 2108.01 to 2... |
Section 2108.16 | Who may remove donated part.
...(A) Except as provided in division (B) of this section, a physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove. (B) Neither the physician, certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner who attends the decedent at death nor the physician, certified nurse-midwife, clinical nurse specialist, or certifie... |
Section 2108.17 | Hospital agreement with procurement organizations.
...Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. |
Section 2108.18 | Purchase or sale of donated part - permitted charges.
...(A) Except as otherwise provided in division (B) of this section, no person shall, for valuable consideration, knowingly purchase or sell a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death. (B) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or... |
Section 2108.19 | Prohibited acts regarding donation documents.
...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. |
Section 2108.20 | Good faith immunity for compliance with chapter.
...(A) A person who acts in accordance with sections 2108.01 to 2108.29 of the Revised Code or with the applicable anatomical gift laws of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (B) Neither the person making the anatomical gift nor the donor's estate is liable for any injury or damage that results from th... |
Section 2108.21 | Determination whether anatomical gift made.
...In determining whether an anatomical gift has been made, amended, or revoked under sections 2108.01 to 2108.29 of the Revised Code, a person may rely upon representations of an individual listed in division (A)(2), (3), (4), (5), (6), (7), or (8) of section 2108.09 of the Revised Code relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is... |
Section 2108.22 | Validity of document of gift.
...(A) A document of gift is valid if executed in accordance with any of the following: (1) Sections 2108.01 to 2108.29 of the Revised Code; (2) The laws of the state or country where it was executed; (3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a resident or national at the time the document of gift was executed. (B) If a docum... |
Section 2108.23 | Bureau of motor vehicles donor registry.
...(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 at the time of application or renewal of a driver's license, identification card, or motor vehicle registration as provided in division (A)(1) or (2) of section 2108.05 of the Revised Code. The registry shall be fully operational not later than July 1, 2002. (2) ... |
Section 2108.231 | Department of natural resources inquiry about organ donation.
...(A) As used in this section: (1) "Eligible person" means a person who is all of the following: (a) A resident of this state; (b) Eligible to make an anatomical gift under division (A) of section 2108.04 of the Revised Code; (c) Not already included in the donor registry established under section 2108.23 of the Revised Code. (2) "Issuer" means the chief of the division of wildlife and agents authorized unde... |
Section 2108.24 | Conflict between anatomical gift and health care directive.
...(A) As used in this section: (1) "Advance health-care directive" means a durable power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a health-care decision. (2) "Health care decision" means any decision regarding the health care of the prospective donor. (B) If a prospective donor has an advance health-care directive the terms of w... |
Section 2108.25 | Cooperation of coroner with procurement organization.
...As 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. |
Section 2108.26 | Release of information to procurement organization.
...On request of a procurement organization, a coroner shall, if such information is available, release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner. If the decedent's body or part is medically suitable for life-saving organ transplantation or therapy, the coroner shall release ... |
Section 2108.261 | Medicolegal review of records by coroner.
...A coroner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the coroner which the coroner determines may be relevant to the investigation. |
Section 2108.262 | Information requested by coroner for review.
...A person that has any information requested by a coroner pursuant to section 2108.261 of the Revised Code shall provide that information as expeditiously as possible to allow the coroner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of life-saving organ transplantation or therapy. |
Section 2108.263 | Cooperation in timely removal of part.
...A coroner and procurement organization shall cooperate in the timely removal of a part from a decedent for the purpose of life-saving organ transplantation or therapy if an anatomical gift has been or might be made of the part and either of the following is the case: (A) The decedent's body is under the jurisdiction of the coroner and a post-mortem examination or autopsy is not required. (B) The dece... |
Section 2108.264 | Information regarding cause of death.
...If an anatomical gift of a part from a decedent under the jurisdiction of the coroner has been or might be made and, after any necessary consultation with the prosecuting attorney, it is determined that the recovery of the part could interfere with the determination of the decedent's cause or manner of death, the coroner shall communicate with a procurement organization or physician or technician desi... |