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Ohio Revised Code

Ohio Rev. Code § 2133.01 (2026)

Modified uniform rights of terminally ill act definitions

✓ current as of May 2026
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Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
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Unless the context otherwise requires, as used in sections 2133.01 to 2133.15 of the Revised Code:

(A) "Adult" means an individual who is eighteen years of age or older.

(B) "Attending physician" means the physician to whom a declarant or other patient, or the family of a declarant or other patient, has assigned primary responsibility for the treatment or care of the declarant or other patient, or, if the responsibility has not been assigned, the physician who has accepted that responsibility.

(C) "Comfort care" means any of the following:

(1) Nutrition when administered to diminish the pain or discomfort of a declarant or other patient, but not to postpone the declarant's or other patient's death;

(2) Hydration when administered to diminish the pain or discomfort of a declarant or other patient, but not to postpone the declarant's or other patient's death;

(3) Any other medical or nursing procedure, treatment, intervention, or other measure that is taken to diminish the pain or discomfort of a declarant or other patient, but not to postpone the declarant's or other patient's death.

(D) "Consulting physician" means a physician who, in conjunction with the attending physician of a declarant or other patient, makes one or more determinations that are required to be made by the attending physician, or to be made by the attending physician and one other physician, by an applicable provision of this chapter, to a reasonable degree of medical certainty and in accordance with reasonable medical standards.

(E) "Declarant" means any adult who has executed a declaration in accordance with section 2133.02 of the Revised Code.

(F) "Declaration" means a written document executed in accordance with section 2133.02 of the Revised Code.

(G) "Durable power of attorney for health care" means a document created pursuant to sections 1337.11 to 1337.17 of the Revised Code.

(H) "Guardian" means a person appointed by a probate court pursuant to Chapter 2111. of the Revised Code to have the care and management of the person of an incompetent.

(I) "Health care facility" means any of the following:

(1) A hospital;

(2) A hospice care program, pediatric respite care program, or other institution that specializes in comfort care of patients in a terminal condition or in a permanently unconscious state;

(3) A nursing home or residential care facility, as defined in section 3721.01 of the Revised Code;

(4) A home health agency and any residential facility where a person is receiving care under the direction of a home health agency;

(5) An intermediate care facility for individuals with intellectual disabilities.

(J) "Health care personnel" means physicians, nurses, physician assistants, emergency medical technicians-basic, emergency medical technicians-intermediate, emergency medical technicians-paramedic, medical technicians, dietitians, other authorized persons acting under the direction of an attending physician, and administrators of health care facilities.

(K) "Home health agency" has the same meaning as in section 3740.01 of the Revised Code.

(L) "Hospice care program" and "pediatric respite care program" have the same meanings as in section 3712.01 of the Revised Code.

(M) "Hospital" has the same meanings as in sections 3701.01, 3727.01, and 5122.01 of the Revised Code.

(N) "Hydration" means fluids that are artificially or technologically administered.

(O) "Incompetent" has the same meaning as in section 2111.01 of the Revised Code.

(P) "Intermediate care facility for the individuals with intellectual disabilities" has the same meaning as in section 5124.01 of the Revised Code.

(Q) "Life-sustaining treatment" means any medical procedure, treatment, intervention, or other measure that, when administered to a qualified patient or other patient, will serve principally to prolong the process of dying.

(R) "Nurse" means a person who is licensed to practice nursing as a registered nurse or to practice practical nursing as a licensed practical nurse pursuant to Chapter 4723. of the Revised Code.

(S) "Nursing home" has the same meaning as in section 3721.01 of the Revised Code.

(T) "Nutrition" means sustenance that is artificially or technologically administered.

(U) "Permanently unconscious state" means a state of permanent unconsciousness in a declarant or other patient that, to a reasonable degree of medical certainty as determined in accordance with reasonable medical standards by the declarant's or other patient's attending physician and one other physician who has examined the declarant or other patient, is characterized by both of the following:

(1) Irreversible unawareness of one's being and environment.

(2) Total loss of cerebral cortical functioning, resulting in the declarant or other patient having no capacity to experience pain or suffering.

(V) "Person" has the same meaning as in section 1.59 of the Revised Code and additionally includes political subdivisions and governmental agencies, boards, commissions, departments, institutions, offices, and other instrumentalities.

(W) "Physician" means a person who is authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.

(X) "Political subdivision" and "state" have the same meanings as in section 2744.01 of the Revised Code.

(Y) "Professional disciplinary action" means action taken by the board or other entity that regulates the professional conduct of health care personnel, including the state medical board and the board of nursing.

(Z) "Qualified patient" means an adult who has executed a declaration and has been determined to be in a terminal condition or in a permanently unconscious state.

(AA) "Terminal condition" means an irreversible, incurable, and untreatable condition caused by disease, illness, or injury from which, to a reasonable degree of medical certainty as determined in accordance with reasonable medical standards by a declarant's or other patient's attending physician and one other physician who has examined the declarant or other patient, both of the following apply:

(1) There can be no recovery.

(2) Death is likely to occur within a relatively short time if life-sustaining treatment is not administered.

(BB) "Tort action" means a civil action for damages for injury, death, or loss to person or property, other than a civil action for damages for breach of a contract or another agreement between persons.

Last updated July 26, 2021 at 9:05 AM

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1961–2026 · leading case: City of Columbus v. Taylor, 529 N.E.2d 1382 (Ohio 1988).
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City of Columbus v. Taylor, 529 N.E.2d 1382 (Ohio 1988). · cites it 22× “By final judgment entry of the trial court, appellee was convicted and sentenced for violating Section 2133.01 (b)(2). 2 Under this per se offense, the prosecution in order to sustain a conviction must prove beyond a reasonable doubt that the defendant was operating a vehicle…”
City of Columbus v. Aleshire, 933 N.E.2d 317 (Ohio Ct. App. 2010). · cites it 2× “It was reversible error for the trial court to sentence Aleshire for violations of both Columbus City Code § 2133.01(A)(1)(a) and § 2133.01(A)(1)(d).”
City of Columbus v. Robbins, 572 N.E.2d 777 (Ohio Ct. App. 1989). · cites it 4× “The trial court erred in finding defendant-appellant guilty of operating a motor vehicle while under the influence of alcohol under Columbus City Code, Section 2133.01(A) [impaired driving] as it was against the manifest weight of the evidence.”
City of Columbus v. Jones, 529 N.E.2d 947 (Ohio Ct. App. 1987). · cites it 2× “”) Section 2133.01, operating a motor vehicle while under the influence of alcohol (“OMVI”), and (2) C.”
City of Columbus v. Seabolt, 607 N.E.2d 61 (Ohio Ct. App. 1992). · cites it 4× “2 “A mere running of an engine of a totally immobile vehicle is not operation within the meaning of Section 2133.01(B)(2) of the Columbus Municipal Code.”
State Ex Rel. Gelesh v. State Med. Bd., 874 N.E.2d 1256 (Ohio Ct. App. 2007). · cites it 2× “…intervention, or measure taken to diminish a patient’s pain or discomfort, but not to postpone the patient’s death. R.C. 2133.01(C).”
Anderson v. St. Francis-St. George Hosp., Inc., 671 N.E.2d 225 (Ohio 1996). “Short of ignoring a living will (R.C. 2133.01 et seq.) or a durable power of attorney for health care (R.”
Compassion in Dying v. Washington, 79 F.3d 790 (9th Cir. 1996). · cites it 3× “1989); Ohio Rev. Code Ann. § 2133.01 (AA) (Anderson 1991); Okla.”
State v. Long, 455 N.E.2d 534 (Ohio Ct. App. 1983). · cites it 4× “” Defendant contends that Columbus City Code Section 2133.01 (C.C. 2133.01), is a lesser included offense of R.”
In re Doe, 53 Misc. 3d 829 (N.Y. Sup. Ct. 2016). “…24-7A-18; North Carolina, NC Gen Stat §§ 90-320 to 90-328; North Dakota, ND Cent Code §§ 23-12-01 to 23-12-19; Ohio, Ohio Rev Code Ann §§ 2133.01 to 2133.16; Oregon, Or Rev Stat §§ 127.505 to 127.660; Pennsylvania, 20 Pa Stat Ann §§ 5451 to 5461; South Carolina, SC Code Ann…”
Buchanan v. Registrar, 619 N.E.2d 523 (Ohio Ct. App. 1993). · cites it 2× “The parties stipulated the following facts: On September 27, 1991, appellant was arrested by the Columbus Police Department and charged with a violation of Columbus City Code (“CC”) Section 2133.01, driving while under the influence of alcohol; the police officer had probable…”
Cook v. Franklin Cnty. Mun. Court, 596 F. Supp. 490 (S.D. Ohio 1983). “19 of the Ohio Revised Code or § 2133.01 of the Columbus City Code. The arresting officer also executed in each case an affidavit entitled “Arresting Officer’s Affidavit For Pre-Trial Drivers License Suspension” which, according to the affidavit form, was required to be attached…”
Show all 16 citing cases →
— Ohio Rev. Code § 2133.01(A) — 1 case
City of Columbus v. Robbins, 572 N.E.2d 777 (Ohio Ct. App. 1989). “The trial court erred in finding defendant-appellant guilty of operating a motor vehicle while under the influence of alcohol under Columbus City Code, Section 2133.01(A) [impaired driving] as it was against the manifest weight of the evidence.”
— Ohio Rev. Code § 2133.01(A)(1)(a) — 1 case
City of Columbus v. Aleshire, 933 N.E.2d 317 (Ohio Ct. App. 2010). “It was reversible error for the trial court to sentence Aleshire for violations of both Columbus City Code § 2133.01(A)(1)(a) and § 2133.01(A)(1)(d).”
— Ohio Rev. Code § 2133.01(A)(1)(d) — 1 case
City of Columbus v. Aleshire, 933 N.E.2d 317 (Ohio Ct. App. 2010). “It was reversible error for the trial court to sentence Aleshire for violations of both Columbus City Code § 2133.01(A)(1)(a) and § 2133.01(A)(1)(d).”
— Ohio Rev. Code § 2133.01(B)(2) — 2 cases
City of Columbus v. Robbins, 572 N.E.2d 777 (Ohio Ct. App. 1989). “The trial court erred in finding defendant-appellant guilty of operating a motor vehicle while under the influence of alcohol under Columbus City Code, Section 2133.01(A) [impaired driving] as it was against the manifest weight of the evidence.”
City of Columbus v. Seabolt, 607 N.E.2d 61 (Ohio Ct. App. 1992). “2 “A mere running of an engine of a totally immobile vehicle is not operation within the meaning of Section 2133.01(B)(2) of the Columbus Municipal Code.”
— Ohio Rev. Code § 2133.01(C) — 1 case
State Ex Rel. Gelesh v. State Med. Bd., 874 N.E.2d 1256 (Ohio Ct. App. 2007). “…intervention, or measure taken to diminish a patient’s pain or discomfort, but not to postpone the patient’s death. R.C. 2133.01(C).”
— Ohio Rev. Code § 2133.01(Y) — 1 case
State Ex Rel. Gelesh v. State Med. Bd., 874 N.E.2d 1256 (Ohio Ct. App. 2007). “…intervention, or measure taken to diminish a patient’s pain or discomfort, but not to postpone the patient’s death. R.C. 2133.01(C).”
— Ohio Rev. Code § 2133.01(Z) — 1 case
Compassion in Dying v. Washington, 79 F.3d 790 (9th Cir. 1996). “1989); Ohio Rev. Code Ann. § 2133.01 (AA) (Anderson 1991); Okla.”
— Ohio Rev. Code § 2133.01(a) — 2 cases
City of Columbus v. Taylor, 529 N.E.2d 1382 (Ohio 1988). “By final judgment entry of the trial court, appellee was convicted and sentenced for violating Section 2133.01 (b)(2). 2 Under this per se offense, the prosecution in order to sustain a conviction must prove beyond a reasonable doubt that the defendant was operating a vehicle…”
State v. Long, 455 N.E.2d 534 (Ohio Ct. App. 1983). “” Defendant contends that Columbus City Code Section 2133.01 (C.C. 2133.01), is a lesser included offense of R.”
— Ohio Rev. Code § 2133.01(b)(2) — 2 cases
City of Columbus v. Taylor, 529 N.E.2d 1382 (Ohio 1988). “By final judgment entry of the trial court, appellee was convicted and sentenced for violating Section 2133.01 (b)(2). 2 Under this per se offense, the prosecution in order to sustain a conviction must prove beyond a reasonable doubt that the defendant was operating a vehicle…”
City of Columbus v. Seabolt, 607 N.E.2d 61 (Ohio Ct. App. 1992). “2 “A mere running of an engine of a totally immobile vehicle is not operation within the meaning of Section 2133.01(B)(2) of the Columbus Municipal Code.”
— Ohio Rev. Code § 2133.01(f) — 1 case
City of Columbus v. Taylor, 529 N.E.2d 1382 (Ohio 1988). “By final judgment entry of the trial court, appellee was convicted and sentenced for violating Section 2133.01 (b)(2). 2 Under this per se offense, the prosecution in order to sustain a conviction must prove beyond a reasonable doubt that the defendant was operating a vehicle…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.