Law & Legislation

Gov. Bob Taft (seated) signs the donor registry legislation into law. Lifeline of Ohio volunteers Kim Hoser (left) and Adam Burkhart (center) are witnesses to this momentous occasion, along with Lt. Gov. Maureen O'Connor and State Rep. Kirk Schuring.

Pending Legislation

No Ohio Legislation is Currently Pending

Enacted Legislation

Ohio Donor Leave Act, House Bill 326 (2002):

The Donor Leave Act was passed by the Ohio Legislature and sent to Gov. Taft for his signature on Feb. 12, 2002. This legislation would grant any state employee 30 days paid leave to serve as an organ donor and seven days paid leave to serve as a bone marrow donor. The legislation states that the General Assembly encourages political subdivisions and private employers to grant similar paid leave to their employees. It also requires information on the leave program be provided periodically to state employees.

Donation Education in Driver's Education Courses, House Bill 407 (2002):

This legislation was passed on July 12, 2002, to require all students who attend driver's education courses in public schools or private enterprises to receive education about organ, tissue, and eye donation, and the anatomical gift giving procedures.

Technical Corrections to Ohio Donor Registry Law, Senate Bill 158 (2001):

This legislation made technical corrections to the organ donor registry. SB 158 was signed into law by Gov. Bob Taft on Nov. 21, 2001, with an emergency clause that made the legislation effective immediately.

Ohio Donor Registry Law, Senate Bill 188 (2000):

The Ohio Legislature passed Senate Bill 188, singed into law by Gov. Bob Taft on Dec. 13, 2000, establishing a statewide donor registry by July 2002. The new law requires the Ohio Bureau of Motor Vehicles to establish and maintain a registry of donors, enabling organ, tissue and eye procurement organizations to have access 24 hours a day, seven days a week. Under this law, an individual's registration as a donor is established as an advanced directive to recover organs. In addition to establishing the registry, the law ensures that public education about the need to register a personal decision concerning organ and tissue donation will be increased. The law will also enable organ and tissue recovery agencies to learn of an individual's decision on their driver's license or state I.D. as an advanced directive and proceed with the recovery of organs.

Federal Regulation - Hospital Conditions of Participation, 42 CFR 482.45 (1998):

The Centers for Medicare and Medicaid Services (CMS) finalized the Medicare conditions of participation for hospitals, effective August 21, 1998, to increase organ and tissue donation. Hospitals must contact their designated Organ Procurement Organization (OPO) in a timely manner about individuas who die or whose death is imminent. The OPO will then determine the individual's medical suitability for donation. As well, hospitals must have agreements with at least one tissue bank and at least one eye bank to cooperate in the retrieval, processing, preservation, storage, and distribution of tissues and eyes, as long as the agreement does not interfere with organ donation. Hospitals must collaborate with the OPO to ensure that the family of every potential donor is informed of the option to donate organs or tissues.

Ohio House Bill 21 (1991):

Amends the statutory requirements for protocols and procedures with respect to the request for the procurement of organs, tissues, and eyes for donation. All hospitals are obligated to document request or non-requests for each patient who dies. House Bill 21 also adds grandparents to the list of persons who have legal authority to make an anatomical gift. This bill removes provisions which allowed donors, relatives or guardians from designating specific individuals to receive organs, tissues or eye donation.

Required Request Legislation, Ohio House Bill 770
(1987; revised in 1999 as part of the State Budget):

Requires every hospital to develop an organ and tissue protocol; requires that families of potential donors be informed of the option to donate tissues or organs; and recommends training for representatives designated to make requests for anatomical gifts.

Public Law 98-507, National Organ Transplant Act (1984):

Established a task force on organ transplantation; provides special grants for planning, establishing, and expanding organ procurement organizations (includes standards for OPOs); mandates a contract to establish and operate the organ procurement and transplantation network; mandates a grant or contract to develop and maintain a scientific registry of organ transplant recipients; mandates the designation and maintenance of an indentifiable administrative unit in the public health service (Division of Organ Transplantation); prohibits buying or selling of organs; and provided for a bone marrow registry demonstration study.

Uniform Determination of Death Act (1980):

Recognized death as either a determination of irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem.

Public Law 92-603, End Stage Renal Disease Program (1972):

Provides reimbursement under medicare for dialysis, kidney acquisition, and kidney transplantation.

Uniform Anatomical Gift Act (1968):

Authorizes the gift of all or part of a human body at death for transplant, research, education, or other therapies. Includes a description of who may donate, how to execute the donation, and who may receive the donation.