reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.64 | Trustee Named in Will as Beneficiary.

Effective:
March 23, 1981
Latest Legislation:
Senate Bill 317 - 113th General Assembly
A policy of life insurance, or an employee or self-employed benefit plan including, but not limited to, an employee trust or annuity plan, a Keogh plan, an individual retirement account or annuity, or a retirement bond, may designate as beneficiary a trustee named by will. Upon qualification and issuance of letters of trusteeship, the proceeds of the insurance or benefit plan shall be payable to the trustee to be held and disposed of under the terms of the will as they exist as of the date of the death of the testator and in the same manner as other testamentary trusts are administered. However, if no qualified trustee makes claim to the proceeds from the insurance company or the trustee of or other person holding funds of the benefit plan within twelve months after the death of the insured or the person covered by the benefit plan, or if satisfactory evidence is furnished to the insurance company or the trustee of or other person holding funds of the benefit plan within that twelve-month period showing that there is or will be no trustee to receive the proceeds, payment shall be made by the insurance company or the trustee of or other person holding funds of the benefit plan to the executors, administrators, or assigns of the insured or person covered by the benefit plan, unless otherwise provided by agreement with the insurance company or the trustee of or other person holding funds of the benefit plan during the lifetime of the insured or the person covered by the benefit plan.
The proceeds of the insurance or of the benefit plan as received by the trustee shall not be subject to debts of the insured or the person covered by the benefit plan or to estate tax to any greater or lesser extent than if the proceeds were payable to the beneficiary or beneficiaries named in the trust and not to the estate of the insured or the person covered by the benefit plan.
The insurance proceeds, or the proceeds of the benefit plan, so held in trust may be commingled with any other assets that may properly come into the trust.
Nothing in this section shall affect the validity of any life insurance policy beneficiary designation made prior to August 10, 1965, or the validity of any benefit plan beneficiary designation made prior to the effective date of this amendment, naming trustees of a trust established by will.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.65 | Conferring Power to Name Executor.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
A testator may confer in the testator's will, upon one or more persons, the power to nominate, in writing, an executor, coexecutor, successor executor, or successor coexecutor, and also may provide in the will that the person or persons so nominated may serve without bond. If a will confers that power, the holders of it have the authority to nominate themselves as executor, coexecutor, successor executor, or successor coexecutor unless the will provides to the contrary.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.71 | Civil Action to Contest Validity of Will.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
(A) A person interested in a will or codicil admitted to probate in the probate court that has not been declared valid by judgment of a court pursuant to division (A)(1) of section 5817.10 of the Revised Code may contest its validity by filing a complaint in the probate court in the county in which the will or codicil was admitted to probate.
(B) Except as otherwise provided in this division, no person may contest the validity of any will or codicil as to facts decided if it was submitted to a probate court by the testator during the testator's lifetime and declared valid by judgment of a court pursuant to division (A)(1) of section 5817.10 of the Revised Code. A person may contest the validity of that will or codicil as to those facts if the person is one who should have been named a party defendant in the action in which the will or codicil was declared valid, pursuant to division (A) of section 5817.05 of the Revised Code, and if the person was not named a defendant and properly served in that action. Upon the filing of a complaint contesting the validity of a will or codicil that is authorized by this division, the court shall proceed with the action.
(C) No person may introduce, as evidence in an action authorized by this section contesting the validity of a will, the fact that the testator of the will did not file a complaint for a judgment declaring its validity under Chapter 5817. of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.72 | Rules of Procedure - Jury Trial.

Effective:
March 28, 1985
Latest Legislation:
House Bill 70 - 115th General Assembly
(A) The Rules of Civil Procedure govern all aspects of a will contest action, except as otherwise provided in sections 2107.71 to 2107.77 of the Revised Code.
(B)(1) Each party to a will contest action has the right to a jury trial of the action. To assert the right, a party shall demand a jury trial in the manner prescribed in the Rules of Civil Procedure. Subject to division (B)(2) of this section, if a party demands a jury trial in that manner, the action shall be tried to a jury.
(2) Notwithstanding any provision to the contrary in Civil Rule 38, a demand of a jury trial in a will contest action may be withdrawn, if either of the following applies:
(a) All parties to the action who are not in default of answer, consent to the withdrawal of the demand prior to the commencement of the trial;
(b) All parties to the action who are not in default of answer and who are present at the time of the commencement of the trial, consent to the withdrawal of the demand.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.73 | Parties to Will Contest Action.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Persons who are necessary parties to a will contest action are as follows:
(A) Any person designated in a will to receive a testamentary disposition of real or personal property;
(B) Heirs who would take property pursuant to section 2105.06 of the Revised Code had the testator died intestate;
(C) The executor or the administrator with the will annexed;
(D) The attorney general as provided by section 109.25 of the Revised Code;
(E) Other interested parties.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.74 | Order of Probate Prima-Facie Evidence of Attestation, Execution and Validity of Will.

Effective:
January 1, 1976
Latest Legislation:
Senate Bill 145 - 111th General Assembly
On the trial of any will contest under section 2107.71 of the Revised Code, the order of probate is prima-facie evidence of the attestation, execution, and validity of the will or codicil. The contesting party may call any witness to the will as upon cross examination.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.75 | Administration Costs of Purported Last Will or Codicil.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When the jury or the court finds that the writing produced is not the will or codicil of the testator, the trial court shall allow as part of the costs of administration the amounts to the fiduciary and to the attorneys defending the purported will or purported codicil that the trial court finds to be reasonable compensation for the services rendered in the will contest action. The court shall order the amounts allowed to be paid out of the estate of the decedent.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.76 | Will Contest Action - Time Limits.

Effective:
March 24, 2010
Latest Legislation:
Senate Bill 106 - 128th General Assembly
No person who has received or waived the right to receive the notice of the admission of a will to probate required by section 2107.19 of the Revised Code may commence an action permitted by section 2107.71 of the Revised Code to contest the validity of the will more than three months after the filing of the certificate described in division (A)(3) of section 2107.19 of the Revised Code. No other person may commence an action permitted by section 2107.71 of the Revised Code to contest the validity of the will more than three months after the initial filing of a certificate described in division (A)(3) of section 2107.19 of the Revised Code. A person under any legal disability nevertheless may commence an action permitted by section 2107.71 of the Revised Code to contest the validity of the will within three months after the disability is removed, but the rights saved shall not affect the rights of a purchaser, lessee, or encumbrancer for value in good faith and shall not impose any liability upon a fiduciary who has acted in good faith, or upon a person delivering or transferring property to any other person under authority of a will, whether or not the purchaser, lessee, encumbrancer, fiduciary, or other person had actual or constructive notice of the legal disability.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.77 | Later Wills.

Effective:
May 26, 1976
Latest Legislation:
Senate Bill 466 - 111th General Assembly
Sections 2107.71 to 2107.76 of the Revised Code apply to later wills admitted to probate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.02 | Revised Uniform Anatomical Gift Act Adopted.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.03 | Application of Rc 2108.01 to Rc 2108.29.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.04 | Persons Who May Make Anatomical Gift.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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 the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 2108.05 of the Revised Code by any of the following:
(A) The donor, if the donor is an adult or if the donor is a minor and either of the following applies:
(1) The donor is emancipated.
(2) The donor is authorized to apply for a temporary instruction permit issued under section 4507.05 of the 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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.05 | Manner of Making Anatomical Gift.

Effective:
October 1, 2022
Latest Legislation:
House Bill 21 - 134th General Assembly
(A) A donor may make an anatomical gift by doing any of the following:
(1) Authorizing a statement or symbol to be imprinted on the donor's driver's license or identification card indicating that the donor has certified a willingness to make an anatomical gift;
(2) Specifying during an application for or renewal of a motor vehicle registration that the donor has certified a willingness to make an anatomical gift;
(3) During a terminal illness or injury of the donor, communicating in any manner to a minimum of two adults, at least one of whom is a disinterested witness, that the donor intends to make an anatomical gift;
(4) Following the procedure in division (B) of this section.
(B) A donor or other person authorized to make an anatomical gift under section 2108.04 of the Revised Code may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has certified a willingness to make an anatomical gift be included in a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall do both of the following:
(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person;
(2) State that it has been signed and witnessed as provided in division (B)(1) of this section.
(C) Once a donor has certified a willingness to make an anatomical gift through either a symbol on the donor's driver's license or identification card or at the time of motor vehicle registration, the donor does not need to recertify the donor's willingness to make an anatomical gift upon renewal of the driver's license, identification card, or motor vehicle registration. The authorization shall remain in effect until the donor withdraws that authorization.
(D) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
Last updated January 13, 2023 at 12:57 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.06 | Amendment of Anatomical Gift.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
(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 any of the following means:
(1) By a record signed by the donor or other person authorized to make an anatomical gift under section 2108.04 of the Revised Code;
(2) Subject to division (C) of this section, by a record signed by another individual acting at the direction of the donor or other person authorized to make an anatomical gift under section 2108.04 of the Revised Code if the 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) Subject to section 2108.08 of the Revised Code, an anatomical gift made under section 2108.04 of the Revised Code may be revoked by any of the following means:
(1) By a record signed by the donor or other person authorized to make an anatomical gift under section 2108.04 of the Revised Code;
(2) Subject to division (C) of this section, by a record signed by another individual acting at the direction of the donor or other person authorized to make an anatomical gift under section 2108.04 of the Revised Code if the donor or other person is physically unable to sign;
(3) By a later-executed document of gift that revokes 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;
(6) By the destruction or cancellation of the document of gift, or the portion of the document of gift, used to make the gift, with the intent to revoke the gift.
(C) A record signed pursuant to division (A)(2) or (B)(2) of this section shall do both of the following:
(1) Be witnessed by a minimum of two adults who have signed at the request of the donor or other person;
(2) State that it has been signed and witnessed as provided in division (C)(1) of this section.
Last updated May 20, 2021 at 2:08 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.07 | Refusal to Make Anatomical Gift.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
(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 communication made by the individual during the individual's terminal illness or injury addressed to a minimum of two adults.
(B) A record signed pursuant to division (A)(1)(b) of this section shall do both of the following:
(1) Be witnessed by at least two adults who have signed at the request of the individual;
(2) State that it has been signed and witnessed as provided in division (B)(1) of this section.
(C) An individual who has made a refusal may amend or revoke the refusal by doing any of the following:
(1) Amending or revoking the refusal in the manner provided in division (A) of this section for making a refusal;
(2) Subsequently making an anatomical gift pursuant to section 2108.05 of the Revised Code that is inconsistent with the refusal;
(3) Destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(D) Except as provided in division (E) of this section, in the absence of an express, 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.
Last updated May 20, 2021 at 2:08 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.08 | Action by Person Other Than Donor.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
(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 2108.06 of the Revised Code.
(B) A donor's revocation of an anatomical gift of the donor's body or part under section 2108.06 of the Revised Code is not a refusal and shall not bar another person specified in section 2108.04 or 2108.09 of the Revised Code from making an anatomical gift of the donor's body or part under section 2108.05 or 2108.10 of the Revised Code.
(C) If a person other than the donor makes an unrevoked 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 2108.06 of the Revised Code, another person shall not make, amend, or revoke the gift of the donor's body or part under section 2108.10 of the Revised Code.
(D) A revocation by a person other than the donor of an anatomical gift of a donor's body or part under section 2108.06 of the Revised Code shall not bar another person from making an anatomical gift of the body or part under section 2108.05 or 2108.10 of the Revised Code.
(E) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 2108.04 of the Revised Code, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(F) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 2108.04 of the Revised Code, an anatomical gift of a 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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.09 | Anatomical Gift After Donor's Death.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
(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 order of priority:
(1) An agent of the decedent at the time of death who could have made an anatomical gift under division (B) of section 2108.04 of the Revised Code immediately before the decedent's death;
(2) The decedent's surviving spouse;
(3) The decedent's surviving adult children;
(4) The decedent's surviving parent or parents;
(5) The decedent's surviving adult siblings;
(6) The decedent's surviving adult grandchildren;
(7) The decedent's surviving grandparent or grandparents;
(8) A surviving adult who exhibited special care and concern for the decedent;
(9) The persons who were acting as the guardians of the person of the decedent at the time of death;
(10) The persons, other than those in divisions (A)(1) to (9) of this section, to whom the right of disposition for the decedent's body has been assigned pursuant to section 2108.70 of the Revised Code or who have the right of disposition for the decedent's body as described in section 2108.81 of the Revised Code.
(B) If there is more than one member of a class listed in division (A)(1), (3), (4), (5), (6), (7), or (9) of this section entitled to make an anatomical gift, an anatomical gift may be made by a single member of the class unless that member or a person to which the gift may pass under section 2108.11 of the Revised Code knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(C) A person shall not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under division (A) of this section is reasonably available to make or object to the making of an anatomical gift.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.10 | Making Anatomical Gift After Donor's Death.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
(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 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 reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized to make a gift under section 2108.09 of the Revised Code may be amended if a majority of the reasonably available members agree to the amendment or revoked if at least half of the reasonably available members agree to the revocation.
(C) A revocation under division (B) of this section shall be effective only if the procurement organization, transplant hospital, physician, or technician knows of the revocation, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.12 | Search for Evidence of Donor Intent.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
(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 officer as defined in section 2901.01 of the Revised Code;
(2) A member of a fire department as defined in section 4117.01 of the Revised Code;
(3) A first responder, emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic, as those terms are defined in section 4765.01 of the Revised Code.
(B) If a document of gift or refusal to make an anatomical gift is located by the search required by division (A) of this section, and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
(C) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to any of the following:
(1) Disciplinary action under a collective bargaining agreement, if the person is covered by a collective bargaining agreement entered into under Chapter 4117. of the Revised Code;
(2) Disciplinary action under section 124.34 of the Revised Code, if the person is an officer or employee in the classified service of this state or the counties, civil service townships, cities, city health districts, general health districts, or city school districts of this state;
(3) Disciplinary action by the person's employer.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.13 | Delivery of Document of Gift Not Required.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
(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 individual or by a person to which the gift could pass under section 2108.11 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.14 | Referral of Dying Person to Procurement Organization.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
(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 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 examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part shall not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
(C) Unless prohibited by law other than sections 2108.01 to 2108.29 of the Revised Code, at any time after a donor's death, the person to which a part passes under section 2108.11 of the Revised Code may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
(D) Unless prohibited by law other than sections 2108.01 to 2108.29 of the Revised Code, an examination under division (B) or (C) of this section may include an examination of all medical and dental records of the donor or prospective donor.
(E) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor was emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
(F) Upon referral by a hospital under division (A) of this section, a procurement organization shall make a reasonable search for any person listed in section 2108.09 of the Revised Code having an opportunity to make an anatomical gift on behalf of the prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.15 | Rights of Anatomical Gift Donee - Acceptance or Rejection.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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 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, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the decedent's body passes to the persons to whom the right of disposition for the body has been assigned pursuant to section 2108.70 of the Revised Code or who have the right of disposition for the body as described in section 2108.81 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.16 | Who May Remove Donated Part.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
(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 who attends the decedent at death nor the physician who determines the time of the decedent's death shall participate in the procedures for removing or transplanting a part from the decedent.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.17 | Hospital Agreement With Procurement Organizations.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.18 | Purchase or Sale of Donated Part - Permitted Charges.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
(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 disposal of a part.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.19 | Prohibited Acts Regarding Donation Documents.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.20 | Good Faith Immunity for Compliance With Chapter.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
(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 the making or use of the gift.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.21 | Determination Whether Anatomical Gift Made.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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 untrue.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.22 | Validity of Document of Gift.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
(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 document of gift is valid under this section, the law 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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.25 | Cooperation of Coroner With Procurement Organization.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.26 | Release of Information to Procurement Organization.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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 post-mortem examination results to the procurement organization. The procurement organization shall make a subsequent disclosure of the post-mortem examination results or other information received from the coroner only if relevant to life-saving organ transplantation or therapy.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.261 | Medicolegal Review of Records by Coroner.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.262 | Information Requested by Coroner for Review.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.263 | Cooperation in Timely Removal of Part.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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 decedent has been referred to the coroner for post-mortem examination, it is determined that an autopsy is required, and after consultation with the prosecuting attorney, if a consultation is necessary, it is determined that the recovery of the part will not interfere with the autopsy.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.264 | Information Regarding Cause of Death.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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 designated by the procurement organization about the proposed recovery. The procurement organization shall provide the coroner with all information the procurement organization has that could relate to the cause or manner of death. The coroner shall allow the recovery unless the coroner reasonably believes that the part or the decedent's intact body is needed for law enforcement purposes.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.265 | Agreement Regarding Post-Mortem Procedures.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
A coroner and a procurement organization shall enter into an agreement establishing protocols and procedures governing the relations between them when an anatomical gift of a part from a decedent whose body is under the jurisdiction of the coroner has been or might be made, but the coroner believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death. Decisions regarding the recovery of the part from the decedent shall be made in accordance with the agreement. The coroner and procurement organization shall evaluate the effectiveness of the agreement at regular intervals but not less than every two years.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.266 | Recovery of Part Without Post-Mortem Agreement.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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 coroner and a procurement organization, if the coroner intends to deny recovery of an organ for transplantation or therapy from a decedent whose body is under the jurisdiction of the coroner, the coroner or the coroner's designee, at the request of the procurement organization, shall attend the removal procedure for the organ before making a final determination not to allow the procurement organization to recover the organ. During the removal procedure, the coroner or the coroner's designee may allow recovery by the procurement organization to proceed, or, if the coroner or the coroner's designee reasonably believes that the organ may be involved in determining the decedent's cause or manner of death or that the organ or the decedent's intact body is needed for law enforcement purposes, deny recovery by the procurement organization.
A coroner may designate another coroner or employees of another coroner's office to act on the coroner's behalf under this section.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.267 | Denial of Recovery of Part by Coroner.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
(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 eye from a decedent whose body is under the jurisdiction of the coroner, the coroner or designee shall do all of the following:
(1) Explain in a record the specific reasons for not allowing recovery of the part;
(2) Include in the records of the coroner the specific reasons for not allowing recovery of the part;
(3) Provide a record with the specific reasons for not allowing recovery of the part to the procurement organization.
(B) The requirements of division (A) of this section do not apply when a coroner or designee denies recovery of an organ from a decedent under two years of age.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.268 | Refusal of Procurement Organization to Accept Gift.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
If a procurement organization refuses to accept an anatomical gift of a part from a decedent whose body is under the jurisdiction of a coroner, the organization shall explain to the coroner, in writing, the organization's reasons for not accepting the part.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.269 | Documentation of Condition of Recovered Part.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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 procurement organization shall, on the coroner's request, cooperate with the coroner in any documentation of injuries and the preservation and collection of evidence prior to and during the recovery of the part and shall provide the coroner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the post-mortem examination.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.27 | Reimbursement of Coroner Attending Removal.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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 coroner's designee the procurement organization requesting the recovery of the organ shall reimburse the office of the coroner for the additional costs incurred in attending the removal procedure. Any reimbursement made under this section shall be applied directly to, and used only for the purpose of, offsetting the salary, wages, and expenses of the coroner's office.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.271 | Removal to Permit Preservation of Parts.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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 with the preservation of parts for the purpose of transplantation, therapy, research, or education.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.272 | Immunity for Denial of Recovery of Part.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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 a decedent whose body is under the jurisdiction of the coroner.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.28 | Construction to Promote Uniformity.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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 to the need to promote uniformity of the law with respect to its subject matter among states that enact it.