4.12.2005

Ohio, in its Ever Eager Efforts to Make Florida Look Good, Now Does This

From Law Dork as linked to by Atrios:

A state senator is seeking to give prosecutors and the state's Attorney General a say in Ohioans' end-of-life decisions. This and other provisions and proposals are about to hit the statehouse in the wake of the national debate that centered around Terri Schiavo.

According to a letter circulated Friday to Ohio senators (a copy of which can be found here in Microsoft Word format), Sen. Jeff Jacobson (R-Butler Twp.) will be introducing a bill in the coming days to address "[o]ur laws dealing with health decisions."

The bill would "[e]nable[] the attorney general or prosecuting attorneys to present evidence to probate courts before the court determines whether to withhold or withdraw life-sustaining treatment or nutrition and hydration."

In addition, the letter seeking co-sponsors for the proposed bill also details the changes the bill would have in situations when a person does not have a "living will, durable power of attorney over healthcare, or express consent":
    Current law establishes specific individuals who are prioritized in a list of classes. Presently, only the highest priority class available can decide to withhold or withdraw nutrition and hydration; those individuals in a lower priority class who disagree would not be consulted until the matter is considered in probate court. This proposal would enable any priority-class individual to have a voice in preserving their loved one's life.
In the House, Democrat-turned-Republican Rep. Derrick Seaver (R-Minster) intends to introduce a bill that would go even further. His bill would direct the probate court to "give preference to the first individual" on the priority-class list who will:
    (1.) will sustain the life of the individual
    (2.) will incur the cost of medical care for the individual