ANATOMICAL DONATIONS (BODIES OR ORGANS)

ORC Sections 2108.01 - 2108.10 adopt the Uniform Anatomical Gift Act and establish procedures for donation of organs or of the whole body. A potential donor may express his wishes through a statement in his will, through use of a written form such as those printed in ORC § 2108.10, or through a signed statement on the individual's Ohio driver's license. ORC § 2108.04

A gift of all or any part of one's body may be made by any individual of sound mind if the individual is at least eighteen years of age, or if the individual is less than eighteen years of age and a parent or guardian signs as a witness to a document in which the individual has stated his intent. ORC § 2108.02 (A)

"The following persons, in the order of priority stated when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, may give any part of the decedent's body for any purpose specified in ORC § 2108.03:

1. The spouse;
2. An adult son or daughter;
3. Either parent;
4. An adult brother or sister;
5. A guardian of the person of the decedent at the time of his death;
6. Any other person authorized or under obligation to dispose of the body." ORC § 2108.02 (B)

Donations are valid only to the following recipients, and then only for the purpose specified:

• A hospital, surgeon, or physician for medical or dental education, research, advancement of medical or dental science, therapy or transplantation;
• An accredited medical or dental school, college, or university, for education, research, advancement of medical or dental science, or therapy;
• A bank or storage facility, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation;
• A specified individual for therapy or transplantation, needed by him." ORC § 2108.03

Every hospital shall develop an organ and tissue procurement protocol in consultation with a certified organ and tissue procurement organization. The protocol shall encourage reasonable discretion and sensitivity to the family circumstance in all discussions regarding donations of tissue or organs. The protocol shall identify the appropriate circumstances under which a request for organ or tissue donation is made or not made and shall require that families of potential organ donors be informed of the option to donate tissue or organs. Such notification shall be the responsibility of the certified organ and tissue procurement organization unless otherwise designated. In any case in which a hospital patient is suitable as an organ or tissue donor based on the hospital's protocol, the certified organ and tissue procurement organization, the hospital administrator, or his or her designated representative shall request that one or more of the persons in ORC § 2108.02 (B) (see above) make a gift of appropriate parts of the patient's body, unless there is actual notice of contrary intentions by the patient, opposition by any of the persons listed in ORC § 2108.02 (B) or reason to believe that such a gift is contrary to the patient's religious beliefs. ORC § 2108.021 (B)

Any human body part donated for transplantation, including an organ, tissue, eye, bone, artery, or other part, shall be given an HIV test before being transplanted to determine that the part is not infected with the HIV virus unless, in an emergency, the recipient of the donation or his guardian, after consultation with the recipient's physician, consents to a waiver of this requirement. ORC § 3701.246

(See also: AIDS/AIDS -RELATED CONDITION )

ANATOMICAL DONATIONS (BODIES OR ORGANS)