Ohio Code § 2108.40
Ohio Code § 2108.40. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 2108.40.
An individual is dead if the individual has sustained either irreversible cessation
of circulatory and respiratory functions or irreversible cessation of all functions
of the brain, including the brain stem, as determined in accordance with accepted
medical standards. If the respiratory and circulatory functions of a person are being artificially
sustained, under accepted medical standards a determination that death has occurred
is made by a physician by observing and conducting a test to determine that the irreversible
cessation of all functions of the brain has occurred. A physician who makes a determination of death in accordance with this section and
accepted medical standards is not liable for damages in any civil action or subject
to prosecution in any criminal proceeding for the physician's acts or the acts of
others based on that determination. Any person who acts in good faith in reliance on a determination of death made by
a physician in accordance with this section and accepted medical standards is not
liable for damages in any civil action or subject to prosecution in any criminal proceeding
for the person's actions.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 2108.40
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 2108.40?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 2108.40 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 2108.40 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.