Effective: July 9, 1998
Latest Legislation: House Bill 354 - 122nd General Assembly
(A) The death of a person resulting from the withholding or withdrawal of CPR for the person pursuant to the do-not-resuscitate protocol and in the circumstances described in section 2133.22 of the Revised Code or in accordance with division (A) of section 2133.23 of the Revised Code does not constitute for any purpose a suicide, aggravated murder, murder, or any other homicide.
(B)(1) If a person possesses DNR identification or if a current do-not-resuscitate order has been issued for a person, the possession or order shall not do either of the following:
(a) Affect in any manner the sale, procurement, issuance, or renewal of a policy of life insurance or annuity, notwithstanding any term of a policy or annuity to the contrary;
(b) Be deemed to modify in any manner or invalidate the terms of any policy of life insurance or annuity that is in effect on the effective date of this section.
(2) Notwithstanding any term of a policy of life insurance or annuity to the contrary, the withholding or withdrawal of CPR from a person who is insured or covered under the policy or annuity and who possesses DNR identification or for whom a current do-not-resuscitate order has been issued, in accordance with sections 2133.21 to 2133.26 of the Revised Code, shall not impair or invalidate any policy of life insurance or annuity.
(3) Notwithstanding any term of a policy or plan to the contrary, neither of the following shall impair or invalidate any policy of health insurance or other health care benefit plan:
(a) The withholding or withdrawal in accordance with sections 2133.21 to 2133.26 of the Revised Code of CPR from a person who is insured or covered under the policy or plan and who possesses DNR identification or for whom a current do-not-resuscitate order has been issued;
(b) The provision in accordance with sections 2133.21 to 2133.26 of the Revised Code of CPR to a person of the nature described in division (B)(3)(a) of this section.
(4) No physician, health care facility, other health care provider, person authorized to engage in the business of insurance in this state under Title XXXIX of the Revised Code, health insuring corporation, other health care benefit plan, legal entity that is self-insured and provides benefits to its employees or members, or other person shall require an individual to possess DNR identification, or shall require an individual to revoke or refrain from possessing DNR identification, as a condition of being insured or of receiving health care benefits or services.
(C)(1) Sections 2133.21 to 2133.26 of the Revised Code do not create any presumption concerning the intent of an individual who does not possess DNR identification with respect to the use, withholding, or withdrawal of CPR.
(2) Sections 2133.21 to 2133.26 of the Revised Code do not affect the right of a person to make informed decisions regarding the use, withholding, or withdrawal of CPR for the person as long as the person is able to make those decisions.
(3) Sections 2133.21 to 2133.26 of the Revised Code are in addition to and independent of, and do not limit, impair, or supersede, any right or responsibility that a person has to effect the withholding or withdrawal of life-sustaining treatment to another pursuant to sections 2133.01 to 2133.15 of the Revised Code or in any other lawful manner.
(D) Nothing in sections 2133.21 to 2133.26 of the Revised Code condones, authorizes, or approves of mercy killing, assisted suicide, or euthanasia.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Section 2133.01 | Modified Uniform Rights of Terminally Ill Act Definitions.
Section 2133.02 | Declaration Relating to Use of Life-Sustaining Treatment.
Section 2133.03 | When Declaration Operative.
Section 2133.04 | Revocation of Declaration.
Section 2133.05 | Duty of Attending Physician.
Section 2133.06 | Patient to Make Decisions on Use of Life-Sustaining Treatment.
Section 2133.07 | Using Pre-Printed Form.
Section 2133.08 | Consenting to Withholding or Withdrawing Life-Sustaining Treatment From Patient.
Section 2133.10 | Transfer of Patients.
Section 2133.12 | Miscellaneous Provisions.
Section 2133.13 | When Health Care Provider May Presume Validity of Declaration.
Section 2133.14 | Recognition of Declaration Executed in Another State.
Section 2133.15 | Document Executed Prior to Effective Date of Provisions.
Section 2133.21 | Dnr Identification and Do-Not-Resuscitate Order Law Definitions.
Section 2133.211 | Authority and Immunity of Nurses and Physician Assistants.
Section 2133.23 | Compliance With Dnr Order.