(A) A donor may make an anatomical gift by doing any of the following:

Terms Used In Ohio Code 2108.05

  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • Donor: The person who makes a gift.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • state: means the state of Ohio. See Ohio Code 1.59

(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