As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 612   5            

      1997-1998                                                    6            


  REPRESENTATIVES METZGER-SCHULER-SALERNO-CAREY-TIBERI-BRADING-    8            

 DAMSCHRODER-JONES-PADGETT-HOOD-HARRIS-WILLAMOWSKI-TERWILLEGER-    9            

          KREBS-HAINES-COUGHLIN-VESPER-SULZER-VAN VYVEN            10           


                                                                   12           

                           A   B I L L                                          

             To amend section 2305.231 of the Revised Code to      14           

                exempt dentists who volunteer as athletic team     15           

                dentists and provide emergency care or first  aid  16           

                treatment to participants in school athletic       17           

                events from liability in civil  damages unless     18           

                their actions constitute willful or wanton         19           

                misconduct.                                        20           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That section 2305.231 of the Revised Code be     23           

amended to read as follows:                                        24           

      Sec. 2305.231.  (A)  As used in this section:                33           

      (1)  "DENTIST" MEANS A PERSON LICENSED UNDER CHAPTER 4715.   35           

OF THE REVISED CODE TO PRACTICE DENTISTRY.                         36           

      (2)  "Medical practitioner PHYSICIAN" means a person who is  39           

licensed or certificated HOLDS A CERTIFICATE ISSUED by the state   40           

medical board to practice medicine or AND surgery, to practice     42           

osteopathic medicine or AND surgery, or to practice podiatry.      44           

      (2)(3)  "Registered nurse" means a nurse who is              46           

certificated LICENSED as a registered nurse under Chapter 4723.    47           

of the Revised Code.                                               48           

      (B)  No medical practitioner PHYSICIAN who volunteers his    51           

THE PHYSICIAN'S services as a team physician or team podiatrist    52           

to a school's athletics program, NO DENTIST WHO VOLUNTEERS THE     53           

DENTIST'S SERVICES AS A TEAM DENTIST TO A SCHOOL'S ATHLETIC        54           

                                                          2      

                                                                 
PROGRAM, and no registered nurse who volunteers his THE            55           

REGISTERED NURSE'S services as a team nurse to a school's          57           

athletics program, is liable in damages in a civil action for      58           

administering emergency medical care, other emergency              59           

professional care, or first aid treatment to a participant in an   60           

athletic event involving the school, at the scene of the event or  61           

while the participant is being transported to a hospital,          62           

physician's OR DENTIST'S office, or other medical facility, or     63           

for acts performed in administering the care or treatment, unless  64           

the acts of the medical practitioner PHYSICIAN, DENTIST, or        66           

registered nurse constitute willful or wanton misconduct.          68           

      (C)  This section does not apply if the administration of    70           

emergency medical care, other emergency professional care, or      71           

first aid treatment, is rendered for remuneration, or with the     72           

expectation of remuneration, from the recipient of the care or     73           

treatment or from someone on his THE RECIPIENT'S behalf.           74           

      Section 2.  That existing section 2305.231 of the Revised    76           

Code is hereby repealed.                                           77