reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.29 | Conflict With Federal Electronic Signatures Law.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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," 15 U.S.C. 7001 et seq., but do not modify, limit, or supersede section 101(a) of that act, 15 U.S.C. 7001, or authorize electronic delivery of any of the notices described in division 103(b) of that act, 15 U.S.C. 7003(b).
Nothing in this section, or sections 2108.01 to 2108.28 of the Revised Code, negates the applicability of sections 1306.01 to 1306.15 of the Revised Code to this section or sections 2108.01 to 2108.28 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.30 | Anatomical Gifts Not Considered Sale of Fluid or Body Part.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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, 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 participating 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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.31 | No Parental Consent Needed for Blood Donations.

Effective:
October 6, 2009
Latest Legislation:
House Bill 67 - 128th General Assembly
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 that is not operated for profit. Any person sixteen years of age but less than seventeen years of age may, with consent of the person's parent or guardian, donate blood in a voluntary blood program that is not operated for profit.
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.32 | Toll-Free Telephone Number to Provide Organ Donor Information.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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 2108.05 of the Revised Code. The bureau of motor vehicles shall pay the costs of maintaining the toll-free telephone number.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.33 | Immunity.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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 2108.23, 2108.32, 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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.34 | Second Chance Trust Fund.

Effective:
October 1, 2022
Latest Legislation:
House Bill 21 - 134th General Assembly
(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 4501.028 and 4503.721 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 section 4501.028 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, and any other appropriate means;
(7) Cooperation with the state medical board, state medical, osteopathic, and ophthalmological 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 of statewide hospital training programs to encourage and facilitate compliance with sections 2108.14 and 2108.15 of the Revised Code;
(9) Reimbursement of the bureau of motor vehicles for the administrative costs incurred in the performance of duties under section 4501.028 of the Revised Code;
(10) Reimbursement of the department of health for administrative costs incurred in the performance of duties under this section and section 2108.35 of the Revised Code;
(11) 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 2108.35 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.
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 2108.37 | Violation; Civil Actions.

Effective:
September 28, 2018
Latest Legislation:
House Bill 332 - 132nd General Assembly
(A) Whenever it appears that a covered entity has violated or is violating section 2108.36 of the Revised Code, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with that section. The action shall be commenced in the court of common pleas of the county in which the violation occurred or is occurring.
(B) In an action commenced under this section, the court shall schedule a hearing as soon as practicable and shall apply the same standards when rendering judgment as would be applied in an action brought in federal court under the "Americans with Disabilities Act of 1990," 42 U.S.C. 12101 et seq.
(C) This section does not create a right to compensatory or punitive damages against a covered entity.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.38 | Denial of Coverage for Covered Person Based on Disability Prohibited.

Effective:
September 28, 2018
Latest Legislation:
House Bill 332 - 132nd General Assembly
(A) As used in this section:
(1) "Covered person" means a policyholder, subscriber, enrollee, member, or individual covered by a health benefit plan.
(2) "Health benefit plan" means a policy, contract, certificate, or agreement offered by a health plan issuer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including benefit plans marketed in the individual or group market by all associations, whether bona fide or not. "Health benefit plan" also means a limited benefit plan, except as follows. "Health benefit plan" does not mean any of the following types of coverage: a policy, contract, certificate, or agreement that covers only a specified accident, accident only, credit, dental, disability income, long-term care, hospital indemnity, supplemental coverage, as described in section 3923.37 of the Revised Code, specified disease, or vision care; coverage issued as a supplement to liability insurance; insurance arising out of workers' compensation or similar law; automobile medical payment insurance; or insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in any liability insurance policy or equivalent self-insurance; a medicare supplement policy of insurance, as defined by the superintendent of insurance by rule, coverage under a plan through medicare, medicaid, or the federal employees benefit program; any coverage issued under Chapter 55 of Title 10 of the United States Code and any coverage issued as a supplement to that coverage.
(3) "Health plan issuer" means an entity subject to the insurance laws and rules of this state, or subject to the jurisdiction of the superintendent of insurance, that contracts, or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services under a health benefit plan, including a sickness and accident insurance company, a health insuring corporation, a fraternal benefit society, a self-funded multiple employer welfare arrangement, or a nonfederal, government health plan. "Health plan issuer" includes a third-party administrator licensed under Chapter 3959. of the Revised Code to the extent that the benefits that such an entity is contracted to administer under a health benefit plan are subject to the insurance laws and rules of this state or subject to the jurisdiction of the superintendent.
(B) A health plan issuer that provides coverage for anatomical gifts, transplantation, or related treatment and services shall not deny such coverage to a covered person solely on the basis of the person's disability.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.40 | Definition of Death.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
An individual is dead if the individual 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 the physician's 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 the person's actions.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.50 | Consent to Autopsy or Post-Mortem Examination.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
(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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.51 | Immunity.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 that consent, performs an autopsy or post-mortem examination is not liable in a civil or criminal action brought against the licensed physician or surgeon for that act.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.52 | Exceptions.

Effective:
June 13, 1975
Latest Legislation:
House Bill 1 - 111th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.521 | Suspicious Death of a Person With a Developmental Disability.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) If a person with a developmental disability dies, if the department of developmental disabilities or a county board of 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.
Last updated April 16, 2021 at 10:26 AM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.61 | Umbilical Cord Blood Donation Definitions.

Effective:
June 30, 2010
Latest Legislation:
House Bill 102 - 128th General Assembly
(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 such under section 3701.07 of the Revised Code or a freestanding birthing center.
(2) "Health care professional" means a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery; a registered nurse, including a certified nurse-midwife, authorized to practice under Chapter 4723. of the Revised Code; or a physician assistant authorized to practice under Chapter 4130. of the Revised Code.
(3) "Umbilical cord blood" means the blood that remains in the umbilical cord and placenta after the birth of a newborn child.
(B) The department of health shall encourage health care professionals who provide health care services that are directly related to a woman's pregnancy to provide a woman before her third trimester of pregnancy with the publications described in section 2108.62 of the Revised Code.
Last updated July 27, 2022 at 2:56 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.62 | Umbilical Cord Blood Banking.

Effective:
June 30, 2010
Latest Legislation:
House Bill 102 - 128th General Assembly
(A) The department of health, on its internet web site, shall make available to health care professionals printable publications that can be downloaded containing standardized, objective information about umbilical cord blood banking that is sufficient to allow a pregnant woman to make an informed decision about whether to participate in an umbilical cord blood banking program. The publications shall include all of the following information:
(1) The medical processes involved in the collection of umbilical cord blood;
(2) The medical risks of umbilical cord blood collection to the mother and the newborn child;
(3) The options available to a mother regarding stem cells contained in the umbilical cord blood after delivery of the mother's newborn child, including:
(a) Having the stem cells discarded;
(b) Donating the stem cells to a public umbilical cord blood bank;
(c) Having the stem cells stored in a private umbilical cord blood bank for use by immediate and extended family members;
(d) Storing the stem cells for use by the family through a family or sibling donor banking program that provides free collection, processing, and storage of the stem cells where there is a medical need.
(4) The current and potential future medical uses, risks, and benefits of umbilical cord blood collection to the mother, newborn child, and biological family;
(5) The current and potential future medical uses, risks, and benefits of umbilical cord blood collection to individuals who are not biologically related to the mother or newborn child;
(6) Any costs that may be incurred by a pregnant woman who chooses to make an umbilical cord blood donation;
(7) The average cost of public and private umbilical cord blood banking.
(B) The department may update the publications prepared pursuant to this section as it considers necessary.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.63 | Health Care Professional or Institution Not Liable for Damages.

Effective:
June 30, 2010
Latest Legislation:
House Bill 102 - 128th General Assembly
A health care professional or health care institution is not liable for damages in a civil action, subject to prosecution in a criminal proceeding, or subject to disciplinary action by the state medical board or board of nursing for acting in good faith pursuant to section 2108.61 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.70 | Assignment of Rights Regarding Disposition of Remains.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
(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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.71 | Vesting of Assignment of Right of Disposition.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.73 | Witnesses to Declaration of Assignment.

Effective:
September 17, 2010
Latest Legislation:
House Bill 449 - 128th General Assembly
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 one 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.
(C) If the written declaration is a DD Form 93, Record of Emergency Data, by whomever the form requires.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.74 | Declarant Warrants Truth of Declaration.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.75 | Disqualification of Assignee of Right of Disposition.

Effective:
September 13, 2022
Latest Legislation:
Senate Bill 224 - 134th General Assembly
(A) A person shall be disqualified from serving as a representative or successor representative, or from having the right of disposition for a deceased person 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 fails to exercise the right within forty-eight hours after notification of the declarant's or deceased person's death or, if there is no notification, within seventy-two hours of either of the following, as applicable:
(a) The declarant's or deceased person's death;
(b) The discovery of the declarant's or deceased person's remains, when such discovery occurs more than an hour after the declarant's or deceased person'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.
(7) The person refuses to assume the liability for the costs of disposition.
(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) 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 person 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.
If a right of disposition for a deceased person is assigned to a funeral director under division (B)(9) of section 2108.81 of the Revised Code, the funeral director is not liable for the cost of disposition.
Last updated July 15, 2022 at 2:03 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.76 | Assignee No Longer Declarant's Spouse.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
(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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.77 | Loss of Assigned Right of Disposition.

Effective:
September 13, 2022
Latest Legislation:
Senate Bill 224 - 134th General Assembly
If the person named as the declarant's representative or successor representative in a written declaration, or the person who has a deceased person'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 person 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 person's death.
(D) The person and the declarant or deceased person are spouses and a probate court, on the motion of any other person or its own motion, determines that the declarant's or deceased person's spouse and the declarant were estranged at the time of the declarant's or deceased person's death. As used in this division, "estranged" means that a declarant's or a deceased person's spouse and the declarant or deceased person were physically and emotionally separated from each other, at the time of the declarant's or deceased person'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 or deceased person.
Last updated July 15, 2022 at 2:04 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.78 | Assignee Bound by Declaration of Anatomical Gift.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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 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 anatomical gift and must follow the instructions associated with the gift before making any decisions or taking any other actions associated with the right.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.79 | Multiple Assignees - Majority Rule - Deadlock.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
(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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.80 | Revocation of Declaration of Assignment.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.83 | Dispute Regarding Right of Disposition.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.84 | Procedure Pending Resolution of Dispute.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.85 | Costs and Legal Fees Arising From Legal Action.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
(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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.86 | Right to Rely on Declaration and Instructions.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
(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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.87 | Right to Make Independent Investigation.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
(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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.88 | Refusal or Resignation by Assignee of Right.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
(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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.89 | Liability for Costs of Disposition.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.90 | Exclusive Jurisdiction of Probate Court Over Disputes.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2108 | Human Bodies or Parts Thereof › Section 2108.99 | Penalty.

Effective:
April 7, 2009
Latest Legislation:
House Bill 529 - 127th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2109 | Fiduciaries › Section 2109.01 | Fiduciary Defined.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
"Fiduciary," as used in Chapters 2101. to 2131. of the Revised Code, means any person, other than an assignee or trustee for an insolvent debtor or a guardian under sections 5905.01 to 5905.19 of the Revised Code, appointed by and accountable to the probate court and acting in a fiduciary capacity for any person, or charged with duties in relation to any property, interest, trust, or estate for the benefit of another; and includes an agency under contract with the department of developmental disabilities for the provision of protective service under sections 5123.55 to 5123.59 of the Revised Code, appointed by and accountable to the probate court as guardian or trustee with respect to persons with developmental disabilities.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2109 | Fiduciaries › Section 2109.02 | Appointment and Duties.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Every fiduciary, before entering upon the execution of a trust, shall receive letters of appointment from a probate court having jurisdiction of the subject matter of the trust.
The duties of a fiduciary shall be those required by law, and such additional duties as the court orders. Letters of appointment shall not issue until a fiduciary has executed a written acceptance of the fiduciary's duties, acknowledging that the fiduciary is subject to removal for failure to perform the fiduciary's duties, and that the fiduciary is subject to possible penalties for conversion of property the fiduciary held as a fiduciary. The written acceptance may be filed with the application for appointment.
No act or transaction by a fiduciary is valid prior to the issuance of letters of appointment to the fiduciary. This section does not prevent an executor named in a will, an executor nominated pursuant to a power as described in section 2107.65 of the Revised Code, or a person with the right of disposition under section 2108.70 or 2108.81 of the Revised Code from paying funeral expenses, or prevent necessary acts for the preservation of the trust estate prior to the issuance of those letters.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2109 | Fiduciaries › Section 2109.021 | Fiduciary Filings by Mail or in Person.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
After letters of appointment are issued to a fiduciary, the court shall accept filings by mail in matters of estates, guardianships, or trusts, unless the court in writing notifies the fiduciary or attorney of record that a personal appearance is necessary, or a personal appearance is otherwise required by law. The court shall reject an improper or incomplete filing and shall return it to the sender.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2109 | Fiduciaries › Section 2109.03 | Fiduciary's Attorney.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
At the time of the appointment of a fiduciary, the fiduciary shall file in the probate court the name of the attorney, if any, who will represent the fiduciary in matters relating to the trust. After the name of an attorney has been filed, notices sent to that fiduciary in the fiduciary's official capacity shall also be sent by the court to that attorney who may sign waiver of service of any or all of the notices upon the attorney. If the fiduciary is absent from the state, the attorney shall be the agent of the fiduciary upon whom summonses, citations, and notices may be served. Any summons, citation, or notice may be served upon the fiduciary by delivering duplicate copies of the summons, citation, or notice to the attorney designated by the fiduciary. No probate judge shall permit any person to practice law in the probate court for compensation, unless the person has been admitted to the practice of law within the state. This section does not prevent any person from representing the person's own interest in any estate, matter, action, or proceeding.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2109 | Fiduciaries › Section 2109.05 | Bond - Trust Created by Will.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When considered necessary by the probate court and not otherwise directed in the will, a bond, as provided by sections 2109.01 to 2109.58 of the Revised Code, shall be required in all trusts created by will and not fully discharged, on the petition of an interested person and after notice to the trustee.
If the trustee fails to give bond within the time ordered by the court, the court shall remove the trustee from the trust, or the trustee shall be considered to have declined it.