As Passed by the House 1
122nd General Assembly 4
Regular Session Am. 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
LUCAS-TAYLOR-STAPLETON-GRENDELL-OLMAN-THOMAS-MYERS-BATEMAN- 11
CORBIN-WOMER BENJAMIN-WILLIAMS-O'BRIEN-WINKLER-REID-ROMAN- 12
CATES-ALLEN-JOHNSON-HOUSEHOLDER-BRITTON-METELSKY-BOYD-KRUPINSKI 13
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A B I L L
To amend section 2305.231 of the Revised Code to 17
exempt dentists who volunteer as school athletic 18
team dentists and provide emergency dental care 19
or first aid treatment to participants in school 21
athletic events from civil liability unless their 23
actions constitute willful or wanton misconduct. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That section 2305.231 of the Revised Code be 28
amended to read as follows: 29
Sec. 2305.231. (A) As used in this section: 38
(1) "DENTIST" MEANS A PERSON WHO IS LICENSED UNDER CHAPTER 40
4715. OF THE REVISED CODE TO PRACTICE DENTISTRY. 42
(2) "Medical practitioner PHYSICIAN" means a person who is 45
licensed or certificated HOLDS A CERTIFICATE ISSUED by the state 46
medical board to practice medicine or AND surgery, to practice 48
osteopathic medicine or AND surgery, or to practice podiatry 50
PODIATRIC MEDICINE AND SURGERY.
(2)(3) "Registered nurse" means a nurse who is 52
certificated LICENSED as a registered nurse under Chapter 4723. 53
of the Revised Code. 54
(B) No medical practitioner PHYSICIAN who volunteers his 57
2
THE PHYSICIAN'S services as a team physician or team podiatrist 58
to a school's athletics program, NO DENTIST WHO VOLUNTEERS THE 59
DENTIST'S SERVICES AS A TEAM DENTIST TO A SCHOOL'S ATHLETICS 60
PROGRAM, and no registered nurse who volunteers his THE 61
REGISTERED NURSE'S services as a team nurse to a school's 63
athletics program, is liable in damages in a civil action for 64
administering emergency medical care, EMERGENCY DENTAL CARE, 65
other emergency professional care, or first aid treatment to a 66
participant in an athletic event involving the school, at the 67
scene of the event or while the participant is being transported 68
to a hospital, physician's OR DENTIST'S office, or other medical 69
OR DENTAL facility, or for acts performed in administering the 71
care or treatment, unless the acts of the medical practitioner 72
PHYSICIAN, DENTIST, or registered nurse constitute willful or 75
wanton misconduct.
(C) This section does not apply if the administration of 77
emergency medical care, EMERGENCY DENTAL CARE, other emergency 78
professional care, or first aid treatment, is rendered for 80
remuneration, or with the expectation of remuneration, from the 81
recipient of the care or treatment or from someone on his THE 82
RECIPIENT'S behalf.
Section 2. That existing section 2305.231 of the Revised 84
Code is hereby repealed. 85
Section 3. The qualified immunity from civil liability 87
afforded to team dentists by this act shall apply only in 88
connection with team dentists who administer emergency dental 89
care or first aid treatment under the circumstances described in 90
division (B) of section 2305.231 of the Revised Code on or after 91
the effective date of this act. The civil liability, or the 92
immunity from or defenses to civil liability, of team dentists 93
who administered emergency dental care or first aid treatment 94
prior to the effective date of this act under the circumstances 95
described in division (B) of section 2305.231 of the Revised Code 97
shall be determined in accordance with the statutory and common 98
3
law of this state, including, but not limited to, section 2305.23 99
of the Revised Code, as that law existed prior to the effective 100
date of this act and as if the qualified immunity from civil 101
liability afforded to team dentists by the this act had not been 102
enacted.