130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

S. B. No. 267As Introduced
As Introduced

124th General Assembly
Regular Session
2001-2002
S. B. No. 267


SENATOR Oelslager



A BILL
To amend sections 1337.11 and 1337.17 and to enact sections 2135.01 to 2135.14 of the Revised Code to permit the execution of a Declaration for Mental Health Treatment.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1337.11 and 1337.17 be amended and sections 2135.01, 2135.02, 2135.03, 2135.04, 2135.05, 2135.06, 2135.07, 2135.08, 2135.09, 2135.10, 2135.11, 2135.12, 2135.13, and 2135.14 of the Revised Code be enacted to read as follows:
Sec. 1337.11.  As used in sections 1337.11 to 1337.17 of the Revised Code:
(A) "Adult" means a person who is eighteen years of age or older.
(B) "Attending physician" means the physician to whom a principal or the family of a principal has assigned primary responsibility for the treatment or care of the principal or, if the responsibility has not been assigned, the physician who has accepted that responsibility.
(C) "Comfort care" means any of the following:
(1) Nutrition when administered to diminish the pain or discomfort of a principal, but not to postpone death;
(2) Hydration when administered to diminish the pain or discomfort of a principal, but not to postpone death;
(3) Any other medical or nursing procedure, treatment, intervention, or other measure that is taken to diminish the pain or discomfort of a principal, but not to postpone death.
(D) "Consulting physician" means a physician who, in conjunction with the attending physician of a principal, makes one or more determinations that are required to be made by the attending physician, or to be made by the attending physician and one other physician, by an applicable provision of sections 1337.11 to 1337.17 of the Revised Code, to a reasonable degree of medical certainty and in accordance with reasonable medical standards.
(E) "Guardian" means a person appointed by a probate court pursuant to Chapter 2111. of the Revised Code to have the care and management of the person of an incompetent.
(F) "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition.
(G) "Health care decision" means informed consent, refusal to give informed consent, or withdrawal of informed consent to health care.
(H) "Health care facility" means any of the following:
(1) A hospital;
(2) A hospice care program or other institution that specializes in comfort care of patients in a terminal condition or in a permanently unconscious state;
(3) A nursing home;
(4) A home health agency;
(5) An intermediate care facility for the mentally retarded.
(I) "Health care personnel" means physicians, nurses, physician assistants, emergency medical technicians-basic, emergency medical technicians-intermediate, emergency medical technicians-paramedic, medical technicians, dietitians, other authorized persons acting under the direction of an attending physician, and administrators of health care facilities.
(J) "Home health agency" has the same meaning as in section 3701.88 5101.61 of the Revised Code.
(K) "Hospice care program" has the same meaning as in section 3712.01 of the Revised Code.
(L) "Hospital" has the same meanings as in sections 2108.01, 3701.01, and 5122.01 of the Revised Code.
(M) "Hydration" means fluids that are artificially or technologically administered.
(N) "Incompetent" has the same meaning as in section 2111.01 of the Revised Code.
(O) "Intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code.
(P) "Life-sustaining treatment" means any medical procedure, treatment, intervention, or other measure that, when administered to a principal, will serve principally to prolong the process of dying.
(Q) "Medical claim" has the same meaning as in section 2305.11 of the Revised Code.
(R) "Nursing home" has the same meaning as in section 3721.01 of the Revised Code.
(S) "Nutrition" means sustenance that is artificially or technologically administered.
(T) "Permanently unconscious state" means a state of permanent unconsciousness in a principal that, to a reasonable degree of medical certainty as determined in accordance with reasonable medical standards by the principal's attending physician and one other physician who has examined the principal, is characterized by both of the following:
(1) Irreversible unawareness of one's being and environment.
(2) Total loss of cerebral cortical functioning, resulting in the principal having no capacity to experience pain or suffering.
(U) "Person" has the same meaning as in section 1.59 of the Revised Code and additionally includes political subdivisions and governmental agencies, boards, commissions, departments, institutions, offices, and other instrumentalities.
(V) "Physician" means a person who is authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(W) "Political subdivision" and "state" have the same meanings as in section 2744.01 of the Revised Code.
(X) "Professional disciplinary action" means action taken by the board or other entity that regulates the professional conduct of health care personnel, including the state medical board and the board of nursing.
(Y) "Terminal condition" means an irreversible, incurable, and untreatable condition caused by disease, illness, or injury from which, to a reasonable degree of medical certainty as determined in accordance with reasonable medical standards by a principal's attending physician and one other physician who has examined the principal, both of the following apply:
(1) There can be no recovery.
(2) Death is likely to occur within a relatively short time if life-sustaining treatment is not administered.
(Z) "Tort action" means a civil action for damages for injury, death, or loss to person or property, other than a civil action for damages for a breach of contract or another agreement between persons.
Sec. 1337.17.  A printed form of durable power of attorney for health care may be sold or otherwise distributed in this state for use by adults who are not advised by an attorney. By use of such a printed form, a principal may authorize an attorney in fact to make health care decisions on the principal's behalf, but the printed form shall not be used as an instrument for granting authority for any other decisions. Any printed form that is sold or otherwise distributed in this state for the purpose described in this section shall include the following notice:
"Notice to Adult Executing This Document
This is an important legal document. Before executing this document, you should know these facts:
This document gives the person you designate (the attorney in fact) the power to make most* health care decisions for you if you lose the capacity to make informed health care decisions for yourself. This power is effective only when your attending physician determines that you have lost the capacity to make informed health care decisions for yourself and, notwithstanding this document, as long as you have the capacity to make informed health care decisions for yourself, you retain the right to make all medical and other health care decisions for yourself.
You may include specific limitations in this document on the authority of the attorney in fact to make health care decisions for you.
Subject to any specific limitations you include in this document, if your attending physician determines that you have lost the capacity to make an informed decision on a health care matter, the attorney in fact generally* will be authorized by this document to make health care decisions for you to the same extent as you could make those decisions yourself, if you had the capacity to do so. The authority of the attorney in fact to make health care decisions for you generally* will include the authority to give informed consent, to refuse to give informed consent, or to withdraw informed consent to any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition.
However*, even if the attorney in fact has general authority to make health care decisions for you under this document, the attorney in fact never* will be authorized to do any of the following:
(1) Refuse or withdraw informed consent to life-sustaining treatment (unless your attending physician and one other physician who examines you determine, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that either of the following applies:
(a) You are suffering from an irreversible, incurable, and untreatable condition caused by disease, illness, or injury from which (i) there can be no recovery and (ii) your death is likely to occur within a relatively short time if life-sustaining treatment is not administered, and your attending physician additionally determines, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that there is no reasonable possibility that you will regain the capacity to make informed health care decisions for yourself.
(b) You are in a state of permanent unconsciousness that is characterized by you being irreversibly unaware of yourself and your environment and by a total loss of cerebral cortical functioning, resulting in you having no capacity to experience pain or suffering, and your attending physician additionally determines, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that there is no reasonable possibility that you will regain the capacity to make informed health care decisions for yourself);
(2) Refuse or withdraw informed consent to health care necessary to provide you with comfort care (except that, if the attorney in fact is not prohibited from doing so under (4) below, the attorney in fact could refuse or withdraw informed consent to the provision of nutrition or hydration to you as described under (4) below). (You should understand that comfort care is defined in Ohio law to mean artificially or technologically administered sustenance (nutrition) or fluids (hydration) when administered to diminish your pain or discomfort, not to postpone your death, and any other medical or nursing procedure, treatment, intervention, or other measure that would be taken to diminish your pain or discomfort, not to postpone your death. Consequently, if your attending physician were to determine that a previously described medical or nursing procedure, treatment, intervention, or other measure will not or no longer will serve to provide comfort to you or alleviate your pain, then, subject to (4) below, your attorney in fact would be authorized to refuse or withdraw informed consent to the procedure, treatment, intervention, or other measure.*);
(3) Refuse or withdraw informed consent to health care for you if you are pregnant and if the refusal or withdrawal would terminate the pregnancy (unless the pregnancy or health care would pose a substantial risk to your life, or unless your attending physician and at least one other physician who examines you determine, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that the fetus would not be born alive);
(4) Refuse or withdraw informed consent to the provision of artificially or technologically administered sustenance (nutrition) or fluids (hydration) to you, unless:
(a) You are in a terminal condition or in a permanently unconscious state.
(b) Your attending physician and at least one other physician who has examined you determine, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that nutrition or hydration will not or no longer will serve to provide comfort to you or alleviate your pain.
(c) If, but only if, you are in a permanently unconscious state, you authorize the attorney in fact to refuse or withdraw informed consent to the provision of nutrition or hydration to you by doing both of the following in this document:
(i) Including a statement in capital letters or other conspicuous type, including, but not limited to, a different font, bigger type, or boldface type, that the attorney in fact may refuse or withdraw informed consent to the provision of nutrition or hydration to you if you are in a permanently unconscious state and if the determination that nutrition or hydration will not or no longer will serve to provide comfort to you or alleviate your pain is made, or checking or otherwise marking a box or line (if any) that is adjacent to a similar statement on this document;
(ii) Placing your initials or signature underneath or adjacent to the statement, check, or other mark previously described.
(d) Your attending physician determines, in good faith, that you authorized the attorney in fact to refuse or withdraw informed consent to the provision of nutrition or hydration to you if you are in a permanently unconscious state by complying with the requirements of (4)(c)(i) and (ii) above.
(5) Withdraw informed consent to any health care to which you previously consented, unless a change in your physical condition has significantly decreased the benefit of that health care to you, or unless the health care is not, or is no longer, significantly effective in achieving the purposes for which you consented to its use.
Additionally, when exercising authority to make health care decisions for you, the attorney in fact will have to act consistently with your desires or, if your desires are unknown, to act in your best interest. You may express your desires to the attorney in fact by including them in this document or by making them known to the attorney in fact in another manner.
When acting pursuant to this document, the attorney in fact generally* will have the same rights that you have to receive information about proposed health care, to review health care records, and to consent to the disclosure of health care records. You can limit that right in this document if you so choose.
Generally, you may designate any competent adult as the attorney in fact under this document. However, you cannot* designate your attending physician or the administrator of any nursing home in which you are receiving care as the attorney in fact under this document. Additionally, you cannot* designate an employee or agent of your attending physician, or an employee or agent of a health care facility at which you are being treated, as the attorney in fact under this document, unless either type of employee or agent is a competent adult and related to you by blood, marriage, or adoption, or unless either type of employee or agent is a competent adult and you and the employee or agent are members of the same religious order.
This document has no expiration date under Ohio law, but you may choose to specify a date upon which your durable power of attorney for health care generally will expire. However, if you specify an expiration date and then lack the capacity to make informed health care decisions for yourself on that date, the document and the power it grants to your attorney in fact will continue in effect until you regain the capacity to make informed health care decisions for yourself.
You have the right to revoke the designation of the attorney in fact and the right to revoke this entire document at any time and in any manner. Any such revocation generally will be effective when you express your intention to make the revocation. However, if you made your attending physician aware of this document, any such revocation will be effective only when you communicate it to your attending physician, or when a witness to the revocation or other health care personnel to whom the revocation is communicated by such a witness communicate it to your attending physician.
If you execute this document and create a valid durable power of attorney for health care with it, it will revoke any prior, valid durable power of attorney for health care that you created, unless you indicate otherwise in this document.
This document is not valid as a durable power of attorney for health care unless it is acknowledged before a notary public or is signed by at least two adult witnesses who are present when you sign or acknowledge your signature. No person who is related to you by blood, marriage, or adoption may be a witness. The attorney in fact, your attending physician, and the administrator of any nursing home in which you are receiving care also are ineligible to be witnesses.
If there is anything in this document that you do not understand, you should ask your lawyer to explain it to you."
In the preceding notice, the single words, and the two sentences in the second set of parentheses in paragraph (2), followed by an asterisk and all of paragraph (4) shall appear in the printed form in capital letters or other conspicuous type, including, but not limited to, a different font, bigger type, or boldface type.
Sec. 2135.01. As used in sections 2135.01 to 2135.14 of the Revised Code:
(A) "Adult" means either a person who is eighteen years of age or older or an emancipated minor.
(B) "Attending physician" means the physician to whom a declarant or the family of a declarant has assigned primary responsibility for the treatment or care of the declarant or, if the responsibility has not been assigned, the physician who has accepted that responsibility.
(C) "Capacity to consent to mental health treatment decisions" means the ability to understand the material risks and benefits of the proposed mental health care or treatment, the ability to reach a decision regarding the mental health care or treatment, the ability to communicate that decision, and the absence of any patently false beliefs concerning the nature and consequences of a decision, including the benefits and risks of and alternatives to any proposed mental health care.
(D) "Declarant" means an adult who has executed a declaration for mental health treatment in accordance with Chapter 2135. of the Revised Code.
(E) "Declaration for mental health treatment" or "declaration" means a written document declaring preferences or instructions regarding mental health treatment executed in accordance with Chapter 2135. of the Revised Code.
(F) "Guardian" means a person appointed by a probate court pursuant to Chapter 2111. of the Revised Code to have the care and management of the person of an incompetent.
(G) "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual’s physical condition.
(H) "Health care facility" has the same meaning as in section 1337.11 of the Revised Code.
(I) "Incompetent" has the same meaning as in section 2111.01 of the Revised Code.
(J) "Informed consent" means consent voluntarily given by a person after a sufficient explanation and disclosure of the subject matter involved to enable that person to have a general understanding of the nature, purpose, and goal of the treatment or procedures, including the substantial risks and hazards inherent in the proposed treatment or procedures and any alternative treatment or procedures, and to make a knowing health care decision without coercion or undue influence.
(K) "Mental health treatment" means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual’s mental condition, including, but not limited to, electroconvulsive or other convulsive treatment, treatment of mental illness with medication, and admission to and retention in a health care facility.
(L) "Mental health treatment decision" means informed consent, refusal to give informed consent, or withdrawal of informed consent to mental health treatment.
(M) "Mental health treatment provider" means physicians, physician assistants, psychologists, nurses, licensed independent social workers, licensed professional clinical counselors, other authorized persons acting under the direction of an attending physician, and administrators of health care facilities.
(N) "Patently false belief" is a belief for which no evidence exists and that no rational person would believe.
(O) "Physician" means a person who is authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(P) "Professional disciplinary action" means action taken by the board or other entity that regulates the professional conduct of health care personnel, including, but not limited to, the state medical board, board of psychology, and the board of nursing.
(Q) "Proxy" means an adult designated to make mental health treatment decisions for a declarant under a valid declaration for mental health treatment.
(R) "Psychiatrist" has the same meaning as in section 5122.01 of the Revised Code.
(S) "Psychologist" has the same meaning as in section 4732.01 of the Revised Code.
(T) "Tort action" means a civil action for damages for injury, death, or loss to person or property, other than a civil action for damages for a breach of contract or another agreement between persons.
Sec. 2135.02. (A) An adult who has the capacity to consent to mental health treatment decisions voluntarily may execute at any time a declaration governing the use or continuation, or the withholding or withdrawal, of mental health treatment. The declaration shall be signed at the end by the declarant and each proxy, state the date of its execution, and either be witnessed or be acknowledged in accordance with section 2135.06 of the Revised Code. The declaration shall include a designation by the declarant of a person to act as a proxy to make decisions regarding mental health treatment pursuant to the declaration. The declarant may also specifically designate in the declaration an alternate proxy to act in that role if the original proxy is unable or unwilling to act at any time. The declaration may include a specific authorization for the use or continuation, or the withholding or withdrawal, of mental health treatment.
(B) A mental health treatment provider shall continue to obtain a declarant's informed consent to all mental health treatment decisions if the declarant is capable of providing informed consent.
Sec. 2135.03. (A) A declaration for mental health treatment remains valid and may become operative for three years after its execution unless it is properly revoked. If the declaration becomes operative, the authority of a proxy named in the declaration continues in effect as long as the declaration designating the proxy is in effect or until the proxy has withdrawn. If a declaration for mental health treatment has become operative and is in effect at the expiration of three years after its execution, the declaration remains effective until the declarant has the capacity to consent to mental health treatment decisions. If a declaration for mental health treatment has not become operative at the expiration of three years after its execution, the declaration expires.
(B) A valid declaration may be revoked in accordance with section 2135.09 of the Revised Code or renewed in accordance with division (C) of this section, but it may not otherwise be altered or amended after it has been executed. A properly executed declaration is not revoked or invalidated by an alteration of or amendment to the declaration. Any alteration of or amendment to the declaration is not a part of the declaration.
(C) A declarant may renew a declaration once and extend the validity of the document for an additional three-year period from the date of the renewed execution by repeating the procedures set forth in section 2135.06 of the Revised Code. A declarant shall not make any changes to either the designation by the declarant of a proxy or to any authorization for the use or continuation, or the withholding or withdrawal, of mental health treatment.
Sec. 2135.04. (A) A declaration becomes operative when both of the following apply:
(1) The declaration is communicated to a mental health treatment provider of the declarant.
(2) The attending physician or a psychiatrist and one other mental health treatment provider who examine the declarant determine that the declarant does not have the capacity to consent to mental health treatment decisions.
(B) A mental health treatment provider for a declarant shall make a declaration part of the declarant's medical record and shall note in that record when the declaration is operative.
(C) A mental health treatment provider for a declarant shall act in accordance with an operative declaration of the declarant consistent with reasonable medical practice, the availability of treatments requested, and applicable law. The mental health treatment provider shall continue to act in accordance with an operative declaration until the declarant has the capacity to consent to mental health treatment decisions.
(D) An operative declaration of a declarant supersedes any general consent to treatment form signed by the declarant prior to, upon, or after the declarant's admission to a health care facility to the extent there is a conflict between the declaration and the form, even if the declarant signs the form after the execution of the declaration. To the extent that the provisions of a declarant's declaration and a general consent to treatment form signed by the declarant do not conflict, both documents shall govern the use or continuation, or the withholding or withdrawal, of mental health treatment for the declarant. This division does not apply if a declarant revokes a declaration after the declarant signs a general consent to treatment form.
Sec. 2135.05. (A) A declaration shall designate an adult to act as a proxy to make decisions about the mental health treatment of the declarant. A proxy designated to make decisions about mental health treatment may make decisions about mental health treatment on behalf of the declarant only when the declaration has become operative. The decisions of the proxy regarding the mental health treatment of the declarant must be consistent with desires the declarant has expressed in the declaration.
(B) The following persons may not serve as a proxy for a declarant:
(1) The declarant's mental health treatment provider, or an employee of the declarant's mental health treatment provider;
(2) The owner, operator, or employee of a health care facility in which the declarant is a patient or resident.
(C) Divisions (B)(1) and (2) of this section do not apply if the declarant and proxy are related by blood, marriage, or adoption or are members of the same religious order.
(D) A proxy may withdraw from a declaration prior to the declaration becoming operative by giving notice to the declarant. If the declaration is operative, the proxy may withdraw by giving written notice to the declarant's mental health treatment provider. The mental health treatment provider shall note the withdrawal of the proxy as part of the declarant's medical record.
Sec. 2135.06. (A) A declaration for mental health treatment is valid only if it is signed by the declarant and each proxy, states the date of its execution, and is either witnessed by two adults or acknowledged before a notary public.
(B) If witnessed for purposes of this section, a declaration shall be witnessed by two individuals as described in this division in whose presence the declarant and each proxy signs the declaration. Each witness shall subscribe the witness' signature after the signature of the declarant and, by doing so, attest to the witness' belief that the declarant appears to have the capacity to consent to mental health treatment decisions and is not under duress or undue influence or subject to fraud. The signatures of the declarant and each proxy under this section and of the witnesses under this division are not required to appear on the same page of the declaration.
(C) If acknowledged for purposes of this section, a declaration shall be acknowledged before a notary public, who shall make the certification described in section 147.53 of the Revised Code and also shall attest that the declarant appears to have the capacity to consent to mental health treatment decisions and is not under duress or undue influence or subject to fraud.
(D) The following may not serve as a witness to the signing of a declarant's declaration:
(1) The declarant's mental health treatment provider or a relative or employee of the declarant's mental health treatment provider;
(2) The owner, the operator, or a relative or employee of an owner or operator of a health care facility in which the declarant is a patient or resident;
(3) A person related to the declarant by blood, marriage, or adoption;
(4) A person named as a proxy in the declarant's declaration.
Sec. 2135.07. (A) If a mental health treatment provider or health care facility of a declarant is unwilling at any time to comply with the declarant’s declaration, the mental health treatment provider or health care facility shall promptly notify the declarant and the proxy and document the notification in the declarant's medical record. The mental health treatment provider or health care facility that is unwilling to comply with the declarant’s declaration shall not prevent or attempt to prevent, or unreasonably delay or attempt to unreasonably delay, the transfer of the declarant to the care of a mental health treatment provider or a health care facility that is willing and able to comply or allow compliance with the declarant's declaration.
(B) The mental health treatment provider of a declarant may subject the declarant to treatment in a manner contrary to the declarant's expressed wishes only if either of the following apply:
(1) The declarant has been committed as a patient under Chapter 2945. or 5122. of the Revised Code, and, if the court knows of the declaration, the committing court acknowledges the existence of the declaration and specifically orders treatment in a manner contrary to the declaration.
(2) An emergency situation endangers the life or health of the declarant or others.
Sec. 2135.08. (A) The proxy under a declaration is not, as a result of acting in that capacity, personally liable for the cost of treatment provided to the declarant. Except to the extent the right is limited by the declaration or any federal law, a proxy has the same right as the declarant to receive information regarding the proposed mental health treatment of the declarant and to receive, review, and consent to disclosure of the declarant's medical records relating to that treatment. This right of access does not waive any evidentiary privilege.
(B) In exercising authority under a declaration, the proxy has a duty to act consistently with the desires of the declarant as expressed in the declaration. If the declarant's desires are not expressed in the declaration, the proxy has a duty to act in what the proxy in good faith believes to be the best interests of the declarant.
(C) A proxy is not subject to criminal prosecution, tort or other civil liability for injury, death, or loss to person or property, or professional disciplinary action for an action taken in good faith under a declaration for mental health treatment.
Sec. 2135.09. (A) A declarant may revoke a declaration at any time the declarant has the capacity to consent to mental health treatment decisions. Any revocation of a declaration by a declarant shall be in writing, signed by the declarant, and dated. The revocation shall be effective upon its communication to the mental health treatment provider of the declarant. If the declaration is operative, then the declarant may revoke the declaration after the attending physician or a psychiatrist and one other mental health treatment provider who examine the declarant determine that the declarant has the capacity to consent to mental health treatment decisions.
(B) Upon the declarant's revocation of a declaration, the mental health treatment provider shall make the revocation a part of the declarant's medical record.
(C) A valid declaration for mental health treatment revokes a prior, valid declaration for mental health treatment.
(D) The probate judge of the county in which the declarant is located may revoke a declaration if the judge appoints a guardian for the declarant and specifically orders the revocation of the declaration.
Sec. 2135.10. A mental health treatment provider of a declarant who administers or does not administer mental health treatment according to and in good faith reliance upon the validity of the declarant's declaration is not subject to criminal prosecution, is not liable in tort or other civil damages for injury, death, or loss to person or property, and is not subject to professional disciplinary action resulting from a subsequent finding of a declaration's invalidity.
Sec. 2135.11. No person shall require an individual to execute or to refrain from executing a declaration as a criterion for insurance, as a condition for receiving mental health treatment or health care, or as a condition of admission or discharge from a health care facility.
Sec. 2135.12. (A) A declaration executed in accordance with Chapter 2135. of the Revised Code shall not supercede a valid declaration governing the use or continuation, or the withholding or withdrawal, of life-sustaining treatment executed under Chapter 2133. of the Revised Code.
(B) A declaration executed in accordance with this chapter shall supercede the designation of an attorney in fact made in a valid health care power of attorney under Chapter 1337. of the Revised Code with respect to the mental health treatment of the declarant. The designation of an attorney in fact in a valid health care power of attorney under Chapter 1337. of the Revised Code shall remain effective in all other respects.
Sec. 2135.13.  A person who opposes any decision rising under this chapter may make an application opposing the decision to the probate division of the court of common pleas of the county in which the declarant is located or in which the declaration was either witnessed or acknowledged as described in this chapter.
Sec. 2135.14. A printed form of a declaration may be sold or otherwise distributed in this state for use by adults who are not advised by an attorney. By use of a printed form of that nature, a declarant may consent or refuse to consent to mental health treatment and shall designate a proxy to make mental health treatment decisions in accordance with this chapter. The printed form shall not be used as an instrument for granting any other type of authority or for making any other type of designation, including those declarations that may be made under Chapter 2133. of the Revised Code or designations made under Chapter 1337. of the Revised Code.
Section 2. That existing section 1337.11 and 1337.17 of the Revised Code are hereby repealed.
Please send questions and comments to the Webmaster.
© 2014 Legislative Information Systems | Disclaimer
Index of Legislative Web Sites