As Reported by the House Civil and Commercial Law Committee 1
122nd General Assembly 4
Regular Session Sub. 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-BUCHY-KASPUTIS 10
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A B I L L
To amend section 2305.231 of the Revised Code to 14
exempt dentists who volunteer as school athletic 15
team dentists and provide emergency dental care 16
or first aid treatment to participants in school 18
athletic events from civil liability unless their 20
actions constitute willful or wanton misconduct. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 2305.231 of the Revised Code be 25
amended to read as follows: 26
Sec. 2305.231. (A) As used in this section: 35
(1) "DENTIST" MEANS A PERSON WHO IS LICENSED UNDER CHAPTER 37
4715. OF THE REVISED CODE TO PRACTICE DENTISTRY. 39
(2) "Medical practitioner PHYSICIAN" means a person who is 42
licensed or certificated HOLDS A CERTIFICATE ISSUED by the state 43
medical board to practice medicine or AND surgery, to practice 45
osteopathic medicine or AND surgery, or to practice podiatry 47
PODIATRIC MEDICINE AND SURGERY.
(2)(3) "Registered nurse" means a nurse who is 49
certificated LICENSED as a registered nurse under Chapter 4723. 50
of the Revised Code. 51
(B) No medical practitioner PHYSICIAN who volunteers his 54
THE PHYSICIAN'S services as a team physician or team podiatrist 55
to a school's athletics program, NO DENTIST WHO VOLUNTEERS THE 56
DENTIST'S SERVICES AS A TEAM DENTIST TO A SCHOOL'S ATHLETICS 57
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PROGRAM, and no registered nurse who volunteers his THE 58
REGISTERED NURSE'S services as a team nurse to a school's 60
athletics program, is liable in damages in a civil action for 61
administering emergency medical care, EMERGENCY DENTAL CARE, 62
other emergency professional care, or first aid treatment to a 63
participant in an athletic event involving the school, at the 64
scene of the event or while the participant is being transported 65
to a hospital, physician's OR DENTIST'S office, or other medical 66
OR DENTAL facility, or for acts performed in administering the 68
care or treatment, unless the acts of the medical practitioner 69
PHYSICIAN, DENTIST, or registered nurse constitute willful or 72
wanton misconduct.
(C) This section does not apply if the administration of 74
emergency medical care, EMERGENCY DENTAL CARE, other emergency 75
professional care, or first aid treatment, is rendered for 77
remuneration, or with the expectation of remuneration, from the 78
recipient of the care or treatment or from someone on his THE 79
RECIPIENT'S behalf.
Section 2. That existing section 2305.231 of the Revised 81
Code is hereby repealed. 82
Section 3. The qualified immunity from civil liability 84
afforded to team dentists by this act shall apply only in 85
connection with team dentists who administer emergency dental 86
care or first aid treatment under the circumstances described in 87
division (B) of section 2305.231 of the Revised Code on or after 88
the effective date of this act. The civil liability, or the 89
immunity from or defenses to civil liability, of team dentists 90
who administered emergency dental care or first aid treatment 91
prior to the effective date of this act under the circumstances 92
described in division (B) of section 2305.231 of the Revised Code 94
shall be determined in accordance with the statutory and common 95
law of this state, including, but not limited, to section 2305.23 96
of the Revised Code, as that law existed prior to the effective 97
date of this act and as if the qualified immunity from civil 98
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liability afforded to team dentists by the this act had not been 99
enacted.