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           


                                                                   15           

                           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.