As Reported by the Senate Judiciary 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
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
SENATORS CUPP-LATTA-OELSLAGER 14
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A B I L L
To amend section 2305.231 of the Revised Code and to 19
amend Sections 2, 3, and 5 of Am. Sub. H.B. 218
of the 121st General Assembly, as subsequently 20
amended, to exempt dentists who volunteer as 22
school athletic team dentists and provide
emergency dental care or first aid treatment to 23
participants in school athletic events from civil 24
liability unless their actions constitute willful 25
or wanton misconduct, to delay until November 15, 27
2000, the repeal of the laws that establish
qualified immunity from civil liability for 29
health care providers who provide free health 30
care services to indigent and uninsured persons,
to repeal the duty of the Department of Health to 31
commence a survey May 15, 1998, to measure 32
specified health care services provided pursuant 33
to that qualified immunity, to require the
Department of Health to survey nonprofit shelters 34
and health care facilities to measure health care 35
services provided pursuant to that qualified 36
immunity and grievances related to the provision
of those health care services, and to declare an 37
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emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 39
Section 1. That section 2305.231 of the Revised Code be 41
amended to read as follows: 42
Sec. 2305.231. (A) As used in this section: 51
(1) "DENTIST" MEANS A PERSON WHO IS LICENSED UNDER CHAPTER 53
4715. OF THE REVISED CODE TO PRACTICE DENTISTRY. 55
(2) "Medical practitioner PHYSICIAN" means a person who is 58
licensed or certificated HOLDS A CERTIFICATE ISSUED by the state 59
medical board to practice medicine or AND surgery, to practice 61
osteopathic medicine or AND surgery, or to practice podiatry 63
PODIATRIC MEDICINE AND SURGERY.
(2)(3) "Registered nurse" means a nurse who is 65
certificated LICENSED as a registered nurse under Chapter 4723. 66
of the Revised Code. 67
(B) No medical practitioner PHYSICIAN who volunteers his 70
THE PHYSICIAN'S services as a team physician or team podiatrist 71
to a school's athletics program, NO DENTIST WHO VOLUNTEERS THE 72
DENTIST'S SERVICES AS A TEAM DENTIST TO A SCHOOL'S ATHLETICS 73
PROGRAM, and no registered nurse who volunteers his THE 74
REGISTERED NURSE'S services as a team nurse to a school's 76
athletics program, is liable in damages in a civil action for 77
administering emergency medical care, EMERGENCY DENTAL CARE, 78
other emergency professional care, or first aid treatment to a 79
participant in an athletic event involving the school, at the 80
scene of the event or while the participant is being transported 81
to a hospital, physician's OR DENTIST'S office, or other medical 82
OR DENTAL facility, or for acts performed in administering the 84
care or treatment, unless the acts of the medical practitioner 85
PHYSICIAN, DENTIST, or registered nurse constitute willful or 88
wanton misconduct.
(C) This section does not apply if the administration of 90
emergency medical care, EMERGENCY DENTAL CARE, other emergency 91
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professional care, or first aid treatment, is rendered for 93
remuneration, or with the expectation of remuneration, from the 94
recipient of the care or treatment or from someone on his THE 95
RECIPIENT'S behalf.
Section 2. That existing section 2305.231 of the Revised 97
Code is hereby repealed. 98
Section 3. The qualified immunity from civil liability 100
afforded to team dentists by this act shall apply only in 101
connection with team dentists who administer emergency dental 102
care or first aid treatment under the circumstances described in 103
division (B) of section 2305.231 of the Revised Code on or after 104
the effective date of this act. The civil liability, or the 105
immunity from or defenses to civil liability, of team dentists 106
who administered emergency dental care or first aid treatment 107
prior to the effective date of this act under the circumstances 108
described in division (B) of section 2305.231 of the Revised Code 110
shall be determined in accordance with the statutory and common 111
law of this state, including, but not limited to, section 2305.23 112
of the Revised Code, as that law existed prior to the effective 113
date of this act and as if the qualified immunity from civil 114
liability afforded to team dentists by the this act had not been 115
enacted.
Section 4. That Sections 2, 3, and 5 of Am. Sub. H.B. 218 117
of the 121st General Assembly, as amended by Am. Sub. S.B. 259 of 118
the 121st General Assembly, be amended to read as follows: 119
"Sec. 2. Sections 2305.234, 3701.071, and 4731.295 of the 121
Revised Code are hereby repealed, effective November 15, 1998 122
2000.
Sec. 3. A volunteer's certificate the State Medical Board 124
has issued pursuant to section 4731.295 of the Revised Code shall 125
automatically terminate on November 15, 1998 2000. 126
Sec. 5. (A) As used in this section, "health care 128
professional," "health care worker," "indigent and uninsured 129
person," "nonprofit shelter or health care facility," and 130
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"volunteer" have the same meanings as in section 2305.234 of the 131
Revised Code.
(B) The Department of Health shall conduct surveys A 133
SURVEY of health care professionals, health care workers, 135
nonprofit shelters or health care facilities, and indigent and 136
uninsured persons who receive services at the shelters or 137
facilities for the following purposes:
(1) To determine whether there has been any increase in 139
the number of health care professionals and workers who provide 141
medical, dental, or other health-related diagnosis, care, or 142
treatment to indigent and uninsured persons as volunteers at 143
nonprofit shelters or health care facilities;
(2) To determine, to the extent it is possible to do so, 145
whether any increase is attributable to the qualified immunities 146
provided by section 2305.234 of the Revised Code or the 147
volunteer's certificate the State Medical Board may issue 148
pursuant to section 4731.295 of the Revised Code; 149
(3) To determine whether the quality of care provided to 151
indigent and uninsured persons, as measured against generally 152
accepted standards of care, is adversely affected by the 153
qualified immunity or volunteer's certificates. 154
An initial THE survey shall be commenced not later than May 156
15, 1996, and concluded not later than November 15, 1996. The 158
survey shall attempt to compare the number of health care 159
professionals and workers who immediately prior to November 15, 160
1995, the effective date of Am. Sub. H.B. 218 of the 121st 162
General Assembly, volunteered their services at nonprofit 163
shelters or health care facilities with the number of health care
professionals and workers who six months after that date are 164
volunteering their services. 165
A second survey shall be commenced May 15, 1998, and 168
concluded not later than October 15, 1998. The survey shall 169
attempt to compare the number of health care professionals and 170
workers who six months after November 15, 1995, the effective 171
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date of Am. Sub. H.B. 218 of the 121st General Assembly, are 173
volunteering their services at nonprofit shelters or health care
facilities with the number of health care professionals and 174
workers who two years and six months after the effective date of 175
that act are volunteering their services. 176
The State Medical Board; Board of Nursing; State Dental 179
Board; Physical Therapy Section of the Ohio Occupational Therapy, 180
Physical Therapy, and Athletic Trainers Board; Chiropractic 181
Examining Board; State Board of Optometry; Ohio Board of 182
Dietetics; and State Board of Pharmacy shall cooperate with the
Department of Health in the conduct of the surveys SURVEY 184
described in this division. To facilitate the prompt and 186
accurate conduct of those surveys THE SURVEY, the licensing 187
entities periodically may inform the licensees, certificate 189
holders, and registrants under their jurisdiction of the 190
provisions of Am. Sub. H.B. 218 of the 121st General Assembly and 192
inquire whether the licensees and registrants have within 193
specified time periods volunteered their services at nonprofit 194
shelters or health care facilities.
The Department of Health shall tabulate the results of the 197
surveys SURVEY conducted pursuant to this division and, NO LATER 198
THAN JULY 1, 1998, shall file a report of the results of each THE 200
survey with the Governor, the President of the Senate, and the 201
Speaker of the House of Representatives. 202
(C) The committee of each house of the General Assembly 204
that has primary jurisdiction over insurance legislation shall, 205
beginning November 15, 1997, review the effect of sections 207
2305.234, 3701.071, and 4731.295 of the Revised Code on the 209
availability and quality of health care provided to indigent and 210
uninsured persons in this state. Each committee shall report its
findings and recommendations to its respective house not later 211
than September 16, 1998." 212
Section 5. That existing Sections 2, 3, and 5 of Am. Sub. 214
H.B. 218 of the 121st General Assembly, as amended by Am. Sub. 215
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S.B. 259 of the 121st General Assembly, are hereby repealed. 216
Section 6. (A) As used in this section, "health care 218
professional," "health care worker," "indigent and uninsured 219
person," and "nonprofit shelter or health care facility" have the 221
same meanings as in section 2305.234 of the Revised Code.
(B)(1) The Department of Health shall survey nonprofit 223
shelters and health care facilities to measure the amount, type, 224
and quality of health care services provided to indigent and 225
uninsured persons pursuant to sections 2305.234, 3701.071, and 226
4731.295 of the Revised Code, the number of persons using the 227
health care services, and the number and type of grievances that 229
the persons receiving the health care services have against the 230
health care professionals and workers who provided the health 231
care services under those sections.
(2) The Department of Health shall work with 233
representatives of the following associations to develop the 234
contents of the survey:
(a) The Ohio State Medical Association; 236
(b) The Ohio Nurses Association; 238
(c) The Ohio Dental Association; 240
(d) The Ohio State Chiropractic Association; 242
(e) The Ohio Optometric Association; 244
(f) The Ohio Dietitians Association; 246
(g) The Ohio Pharmacists Association; 248
(h) The Ohio Osteopathic Association; 250
(i) The Ohio Podiatric Medical Association; 252
(j) The Ohio Academy of Trial Lawyers; 254
(k) The Ohio State Bar Association; 256
(l) The Ohio Academy of Family Physicians; 258
(m) The Ohio Physical Therapy Association; 260
(n) The Ohio Occupational Therapy Association; 262
(o) The Ohio Athletic Trainers Association. 264
(3) No later than July 15, 2000, the Department of Health 266
shall report the findings of the survey to the Speaker of the 267
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House, the President of the Senate, the Governor, the chairperson 268
of the committee of the House of Representatives that has primary 269
jurisdiction over insurance legislation, and the chairperson of 270
the committee of the Senate that has primary jurisdiction over 271
insurance legislation. 272
Section 7. If this act is enacted as an emergency measure, 274
Sections 1, 2, 3, and 6 of this act shall take effect on the 275
ninety-first day after the effective date of this act. If this 276
act is not enacted as an emergency measure, Sections 1, 2, 3, and 277
6 of this act take effect at the earliest time permitted by law. 278
Section 8. This act is hereby declared to be an emergency 280
measure necessary for the immediate preservation of the public 281
peace, health, and safety. The reason for such necessity is that 282
the duty of the Department of Health to commence the survey 283
repealed by Section 4 of this act would result in unnecessary 284
expense to the state, diverting funds that are crucially needed 285
elsewhere. Therefore, this act shall go into immediate effect. 287