Effective: October 29, 2003
Latest Legislation: House Bill NO72 - 125th General Assembly
(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, 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 may 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, and, if the declaration includes a designation of a proxy, the declaration shall be signed at the end by the designated proxy. 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, and, if the declaration includes a designation of an alternate proxy, the declaration shall be signed at the end by the designated alternate proxy. The declarant may name in the declaration a physician and assign the physician the primary responsibility for the declarant's mental health treatment. 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 or a health care facility providing services to a declarant shall continue to obtain the declarant's informed consent to all mental health treatment decisions if the declarant has the capacity to consent to mental health treatment decisions.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2135 | Declaration for Mental Health Treatment
Section 2135.01 | Declaration for Mental Health Treatment Definitions.
Section 2135.03 | Validity and Effect - Revocation.
Section 2135.04 | When Declaration Becomes Operative.
Section 2135.05 | Designation of Proxy to Make Mental Health Decisions.
Section 2135.06 | Execution of Declaration.
Section 2135.07 | Treatment Provider Unwilling to Comply With Declaration.
Section 2135.08 | Liability and Duty of Proxy.
Section 2135.09 | Revoking Declaration.
Section 2135.10 | Liability of Mental Health Treatment Provider.
Section 2135.11 | No Requirement to Execute Declaration.
Section 2135.12 | Declaration Does Note Supersede Other Advanced Health Directives.