Ohio Revised Code Chapter 2108 - Human Bodies Or Parts Thereof

• Section 2108.01 - Anatomical Gift Definitions.
  As used in sections 2108.02 to 2108.35 of the Revised Code: (A) "Adult" means an individual who is at least eighteen years of age....
• Section 2108.02 - Revised Uniform Anatomical Gift Act Adopted.
  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...
• Section 2108.021 - [Repealed].
  Effective Date: 12-13-2000; 2008 HB529 04-07-2009
• Section 2108.022 - [Repealed].
  Effective Date: 12-13-2000
• Section 2108.03 - Application Of Rc 2108.01 To Rc 2108.29.
  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...
• Section 2108.04 - Persons Who May Make Anatomical Gift.
  Subject to section 2108.08 of the Revised Code, an anatomical gift of a donor's body or part may be made during the life of...
• Section 2108.05 - Manner Of Making Anatomical Gift.
  (A) A donor may make an anatomical gift by doing any of the following: (1) Authorizing a statement or symbol to be imprinted on...
• Section 2108.06 - Amendment Of Anatomical Gift.
  (A) Subject to section 2108.08 of the Revised Code, an anatomical gift made under section 2108.04 of the Revised Code may be amended by...
• 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...
• Section 2108.071 - [Repealed].
  Effective Date: 03-27-1991; 2008 HB529 04-07-2009
• 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...
• 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...
• 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...
• Section 2108.101 - [Repealed].
  Effective Date: 11-21-2001; 2008 HB529 04-07-2009
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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. Effective...
• 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...
• 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...
• 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...
• 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...
• 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...
• Section 2108.23 - Bureau Of Motor Vehicles To Develop And Maintain 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• Section 2108.265 - Agreement Regarding Post-mortem Procedures.
  A coroner and a procurement organization shall enter into an agreement establishing protocols and procedures governing the relations between them when an anatomical gift...
• Section 2108.266 - Recovery Of Part Without Post-mortem Agreement.
  In the absence of an agreement entered into under section 2108.265 of the Revised Code establishing protocols and procedures governing the relations between a...
• Section 2108.267 - Denial Of Recovery Of Part By Coroner.
  (A) Except as provided in division (B) of this section, if the coroner or the coroner's designee denies recovery of an organ, tissue, or...
• Section 2108.268 - Refusal Of Procurement Organization To Accept Gift.
  If a procurement organization refuses to accept an anatomical gift of a part from a decedent whose body is under the jurisdiction of a...
• Section 2108.269 - Documentation Of Condition Of Recovered Part.
  If the coroner or the coroner's designee allows recovery of a part under section 2108.263, 2108.264, 2108.265, or 2108.266 of the Revised Code, the...
• Section 2108.27 - Reimbursement Of Coroner Attending Removal.
  If a coroner or a coroner's designee attends a removal procedure under section 2108.266 of the Revised Code, on request of the coroner or...
• Section 2108.271 - Removal To Permit Preservation Of Parts.
  Any recovery or removal procedure conducted under section 2108.263, 2108.264, 2108.265, or 2108.266 of the Revised Code shall be conducted within a period compatible...
• Section 2108.272 - Immunity For Denial Of Recovery Of Part.
  A coroner or coroner's designee shall not be subject to liability in tort or other civil action for denying recovery of a part from...
• Section 2108.28 - Construction To Promote Uniformity.
  In applying and construing the Revised Uniform Anatomical Gift Act enacted in sections 2108.01 to 2108.29 of the Revised Code, consideration shall be given...
• Section 2108.29 - Conflict With Federal Electronic Signatures Law.
  This section and sections 2108.01 to 2108.28 of the Revised Code modify, limit, and supersede the "Electronic Signatures in Global and National Commerce Act,"...
• Section 2108.30 - Anatomical Gifts Not Considered Sale Of Fluid Or Body Part.
  Subject to the prohibition in section 2108.18 of the Revised Code, the procuring, furnishing, donating, processing, distributing, or using of human whole blood, plasma,...
• Section 2108.31 - No Parental Consent Needed For Blood Donations.
  Any person seventeen years of age or older may, without consent of the person's parent or guardian, donate blood in a voluntary blood program...
• Section 2108.32 - Toll-free Telephone Number To Provide Organ Donor Information.
  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...
• Section 2108.33 - Immunity.
  The bureau of motor vehicles, registrar of motor vehicles, deputy registrars of motor vehicles, and agents and employees of the bureau of motor vehicles...
• Section 2108.34 - Second Chance Trust Fund.
  (A) There is hereby created in the state treasury the second chance trust fund. The fund shall consist of voluntary contributions deposited as provided...
• Section 2108.35 - Second Chance Trust Fund Advisory Committee.
  (A) There is hereby created within the department of health the second chance trust fund advisory committee, consisting of thirteen members. The members shall...
• Section 2108.40 - Definition Of Death.
  An individual is dead if the individual has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of...
• Section 2108.50 - Consent To Autopsy Or Post-mortem Examination.
  (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...
• Section 2108.51 - Immunity.
  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...
• Section 2108.52 - Exceptions.
  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...
• Section 2108.521 - Suspicious Death Of Mentally Retarded Person Or Developmentally Disabled Person.
  (A) If a mentally retarded person or a developmentally disabled person dies, if the department of developmental disabilities or a county board of developmental...
• Section 2108.53 - [Repealed].
  Effective Date: 10-19-1978; 2008 HB529 04-07-2009
• Section 2108.60 - [Repealed].
  Effective Date: 03-28-1984; 2008 HB529 04-07-2009
• Section 2108.61 - Umbilical Cord Blood Donation Definitions.
  (A) As used in this section and sections 2108.62 and 2108.63 of the Revised Code: (1) "Health care institution" means a hospital registered as...
• Section 2108.62 - Umbilical Cord Blood Banking.
  (A) The department of health, on its internet web site, shall make available to health care professionals printable publications that can be downloaded containing...
• Section 2108.63 - Health Care Professional Or Institution Not Liable For Damages.
  A health care professional or health care institution is not liable for damages in a civil action, subject to prosecution in a criminal proceeding,...
• Section 2108.70 - Assignment Of Rights Regarding Disposition Of Remains.
  (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...
• Section 2108.71 - Vesting Of Assignment Of Right Of Disposition.
  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...
• Section 2108.72 - Written Declaration Of Assignment.
  (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...
• Section 2108.73 - Witnesses To Declaration Of Assignment.
  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...
• Section 2108.74 - Declarant Warrants Truth Of Declaration.
  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...
• Section 2108.75 - Disqualification Of Assignee Of Right Of Disposition.
  (A) A person shall be disqualified from serving as a representative or successor representative, or from having the right of disposition for a deceased...
• Section 2108.76 - Assignee No Longer Declarant's Spouse.
  (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...
• Section 2108.77 - Loss Of Assigned Right Of Disposition.
  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...
• Section 2108.78 - Assignee Bound By Declaration Of Anatomical Gift.
  If a declarant or deceased adult has made an anatomical gift under sections 2108.01 to 2108.29 of the Revised Code, any person to whom...
• Section 2108.79 - Multiple Assignees - Majority Rule - Deadlock.
  (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...
• Section 2108.80 - Revocation Of Declaration Of Assignment.
  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...
• Section 2108.81 - Right Of Disposition - No Declaration Of Assignment.
  (A) If either of the following is true, division (B) of this section shall apply: (1) An adult has not executed a written declaration...
• Section 2108.82 - Assignment Of Right Of Disposition By Probate Court.
  (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...
• Section 2108.83 - Dispute Regarding Right Of Disposition.
  In the event of a dispute regarding the right of disposition, a funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other...
• Section 2108.84 - Procedure Pending Resolution Of Dispute.
  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...
• Section 2108.85 - Costs And Legal Fees Arising From Legal Action.
  (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...
• Section 2108.86 - Right To Rely On Declaration And Instructions.
  (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,...
• Section 2108.87 - Right To Make Independent Investigation.
  (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,...
• Section 2108.88 - Refusal Or Resignation By Assignee Of Right.
  (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...
• Section 2108.89 - Liability For Costs Of Disposition.
  The following persons shall be liable for the reasonable costs of any goods or services purchased in connection with the exercise of the right...
• Section 2108.90 - Exclusive Jurisdiction Of Probate Court Over Disputes.
  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...
• Section 2108.99 - Penalty.
  Whoever violates division (A) of section 2108.18 or section 2108.19 of the Revised Code is guilty of a felony of the third degree. Effective...

Last modified: October 10, 2016