As Passed by the Senate 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
SENATORS CUPP-LATTA-OELSLAGER-WATTS-CARNES-HERINGTON- 14
B. JOHNSON-DRAKE 15
17
A B I L L
To amend section 2305.231 of the Revised Code and to 20
amend Sections 2, 3, and 5 of Am. Sub. H.B. 218
of the 121st General Assembly, as subsequently 21
amended, to exempt dentists who volunteer as 23
school athletic team dentists and provide
emergency dental care or first aid treatment to 24
participants in school athletic events from civil 25
liability unless their actions constitute willful 26
or wanton misconduct, to delay until November 15, 28
2000, the repeal of the laws that establish
qualified immunity from civil liability for 30
health care providers who provide free health 31
care services to indigent and uninsured persons,
to repeal the duty of the Department of Health to 32
commence a survey May 15, 1998, to measure 33
specified health care services provided pursuant 34
to that qualified immunity, to require the
Department of Health to survey nonprofit shelters 35
and health care facilities to measure health care 36
services provided pursuant to that qualified 37
immunity and grievances related to the provision
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of those health care services, and to declare an 38
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 40
Section 1. That section 2305.231 of the Revised Code be 42
amended to read as follows: 43
Sec. 2305.231. (A) As used in this section: 52
(1) "DENTIST" MEANS A PERSON WHO IS LICENSED UNDER CHAPTER 54
4715. OF THE REVISED CODE TO PRACTICE DENTISTRY. 56
(2) "Medical practitioner PHYSICIAN" means a person who is 59
licensed or certificated HOLDS A CERTIFICATE ISSUED by the state 60
medical board to practice medicine or AND surgery, to practice 62
osteopathic medicine or AND surgery, or to practice podiatry 64
PODIATRIC MEDICINE AND SURGERY.
(2)(3) "Registered nurse" means a nurse who is 66
certificated LICENSED as a registered nurse under Chapter 4723. 67
of the Revised Code. 68
(B) No medical practitioner PHYSICIAN who volunteers his 71
THE PHYSICIAN'S services as a team physician or team podiatrist 72
to a school's athletics program, NO DENTIST WHO VOLUNTEERS THE 73
DENTIST'S SERVICES AS A TEAM DENTIST TO A SCHOOL'S ATHLETICS 74
PROGRAM, and no registered nurse who volunteers his THE 75
REGISTERED NURSE'S services as a team nurse to a school's 77
athletics program, is liable in damages in a civil action for 78
administering emergency medical care, EMERGENCY DENTAL CARE, 79
other emergency professional care, or first aid treatment to a 80
participant in an athletic event involving the school, at the 81
scene of the event or while the participant is being transported 82
to a hospital, physician's OR DENTIST'S office, or other medical 83
OR DENTAL facility, or for acts performed in administering the 85
care or treatment, unless the acts of the medical practitioner 86
PHYSICIAN, DENTIST, or registered nurse constitute willful or 89
wanton misconduct.
(C) This section does not apply if the administration of 91
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emergency medical care, EMERGENCY DENTAL CARE, other emergency 92
professional care, or first aid treatment, is rendered for 94
remuneration, or with the expectation of remuneration, from the 95
recipient of the care or treatment or from someone on his THE 96
RECIPIENT'S behalf.
Section 2. That existing section 2305.231 of the Revised 98
Code is hereby repealed. 99
Section 3. The qualified immunity from civil liability 101
afforded to team dentists by this act shall apply only in 102
connection with team dentists who administer emergency dental 103
care or first aid treatment under the circumstances described in 104
division (B) of section 2305.231 of the Revised Code on or after 105
the effective date of this act. The civil liability, or the 106
immunity from or defenses to civil liability, of team dentists 107
who administered emergency dental care or first aid treatment 108
prior to the effective date of this act under the circumstances 109
described in division (B) of section 2305.231 of the Revised Code 111
shall be determined in accordance with the statutory and common 112
law of this state, including, but not limited to, section 2305.23 113
of the Revised Code, as that law existed prior to the effective 114
date of this act and as if the qualified immunity from civil 115
liability afforded to team dentists by this act had not been 116
enacted.
Section 4. That Sections 2, 3, and 5 of Am. Sub. H.B. 218 118
of the 121st General Assembly, as amended by Am. Sub. S.B. 259 of 119
the 121st General Assembly, be amended to read as follows: 120
"Sec. 2. Sections 2305.234, 3701.071, and 4731.295 of the 122
Revised Code are hereby repealed, effective November 15, 1998 123
2000.
Sec. 3. A volunteer's certificate the State Medical Board 125
has issued pursuant to section 4731.295 of the Revised Code shall 126
automatically terminate on November 15, 1998 2000. 127
Sec. 5. (A) As used in this section, "health care 129
professional," "health care worker," "indigent and uninsured 130
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person," "nonprofit shelter or health care facility," and 131
"volunteer" have the same meanings as in section 2305.234 of the 132
Revised Code.
(B) The Department of Health shall conduct surveys A 134
SURVEY of health care professionals, health care workers, 136
nonprofit shelters or health care facilities, and indigent and 137
uninsured persons who receive services at the shelters or 138
facilities for the following purposes:
(1) To determine whether there has been any increase in 140
the number of health care professionals and workers who provide 142
medical, dental, or other health-related diagnosis, care, or 143
treatment to indigent and uninsured persons as volunteers at 144
nonprofit shelters or health care facilities;
(2) To determine, to the extent it is possible to do so, 146
whether any increase is attributable to the qualified immunities 147
provided by section 2305.234 of the Revised Code or the 148
volunteer's certificate the State Medical Board may issue 149
pursuant to section 4731.295 of the Revised Code; 150
(3) To determine whether the quality of care provided to 152
indigent and uninsured persons, as measured against generally 153
accepted standards of care, is adversely affected by the 154
qualified immunity or volunteer's certificates. 155
An initial THE survey shall be commenced not later than May 157
15, 1996, and concluded not later than November 15, 1996. The 159
survey shall attempt to compare the number of health care 160
professionals and workers who immediately prior to November 15, 161
1995, the effective date of Am. Sub. H.B. 218 of the 121st 163
General Assembly, volunteered their services at nonprofit 164
shelters or health care facilities with the number of health care
professionals and workers who six months after that date are 165
volunteering their services. 166
A second survey shall be commenced May 15, 1998, and 169
concluded not later than October 15, 1998. The survey shall 170
attempt to compare the number of health care professionals and 171
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workers who six months after November 15, 1995, the effective 172
date of Am. Sub. H.B. 218 of the 121st General Assembly, are 174
volunteering their services at nonprofit shelters or health care
facilities with the number of health care professionals and 175
workers who two years and six months after the effective date of 176
that act are volunteering their services. 177
The State Medical Board; Board of Nursing; State Dental 180
Board; Physical Therapy Section of the Ohio Occupational Therapy, 181
Physical Therapy, and Athletic Trainers Board; Chiropractic 182
Examining Board; State Board of Optometry; Ohio Board of 183
Dietetics; and State Board of Pharmacy shall cooperate with the
Department of Health in the conduct of the surveys SURVEY 185
described in this division. To facilitate the prompt and 187
accurate conduct of those surveys THE SURVEY, the licensing 188
entities periodically may inform the licensees, certificate 190
holders, and registrants under their jurisdiction of the 191
provisions of Am. Sub. H.B. 218 of the 121st General Assembly and 193
inquire whether the licensees and registrants have within 194
specified time periods volunteered their services at nonprofit 195
shelters or health care facilities.
The Department of Health shall tabulate the results of the 198
surveys SURVEY conducted pursuant to this division and, NO LATER 199
THAN JULY 1, 1998, shall file a report of the results of each THE 201
survey with the Governor, the President of the Senate, and the 202
Speaker of the House of Representatives. 203
(C) The committee of each house of the General Assembly 205
that has primary jurisdiction over insurance legislation shall, 206
beginning November 15, 1997, review the effect of sections 208
2305.234, 3701.071, and 4731.295 of the Revised Code on the 210
availability and quality of health care provided to indigent and 211
uninsured persons in this state. Each committee shall report its
findings and recommendations to its respective house not later 212
than September 16, 1998." 213
Section 5. That existing Sections 2, 3, and 5 of Am. Sub. 215
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H.B. 218 of the 121st General Assembly, as amended by Am. Sub. 216
S.B. 259 of the 121st General Assembly, are hereby repealed. 217
Section 6. (A) As used in this section, "health care 219
professional," "health care worker," "indigent and uninsured 220
person," and "nonprofit shelter or health care facility" have the 222
same meanings as in section 2305.234 of the Revised Code.
(B)(1) The Department of Health shall survey nonprofit 224
shelters and health care facilities to measure the amount, type, 225
and quality of health care services provided to indigent and 226
uninsured persons pursuant to sections 2305.234, 3701.071, and 227
4731.295 of the Revised Code, the number of persons using the 228
health care services, and the number and type of grievances that 230
the persons receiving the health care services have against the 231
health care professionals and workers who provided the health 232
care services under those sections.
(2) The Department of Health shall work with 234
representatives of the following associations to develop the 235
contents of the survey:
(a) The Ohio State Medical Association; 237
(b) The Ohio Nurses Association; 239
(c) The Ohio Dental Association; 241
(d) The Ohio State Chiropractic Association; 243
(e) The Ohio Optometric Association; 245
(f) The Ohio Dietitians Association; 247
(g) The Ohio Pharmacists Association; 249
(h) The Ohio Osteopathic Association; 251
(i) The Ohio Podiatric Medical Association; 253
(j) The Ohio Academy of Trial Lawyers; 255
(k) The Ohio State Bar Association; 257
(l) The Ohio Academy of Family Physicians; 259
(m) The Ohio Physical Therapy Association; 261
(n) The Ohio Occupational Therapy Association; 263
(o) The Ohio Athletic Trainers Association. 265
(3) No later than July 15, 2000, the Department of Health 267
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shall report the findings of the survey to the Speaker of the 268
House, the President of the Senate, the Governor, the chairperson 269
of the committee of the House of Representatives that has primary 270
jurisdiction over insurance legislation, and the chairperson of 271
the committee of the Senate that has primary jurisdiction over 272
insurance legislation. 273
Section 7. If this act is enacted as an emergency measure, 275
Sections 1, 2, 3, and 6 of this act shall take effect on the 276
ninety-first day after the effective date of this act. If this 277
act is not enacted as an emergency measure, Sections 1, 2, 3, and 278
6 of this act take effect at the earliest time permitted by law. 279
Section 8. This act is hereby declared to be an emergency 281
measure necessary for the immediate preservation of the public 282
peace, health, and safety. The reason for such necessity is that 283
the duty of the Department of Health to commence the survey 284
repealed by Section 4 of this act would result in unnecessary 285
expense to the state, diverting funds that are crucially needed 286
elsewhere. Therefore, this act shall go into immediate effect. 288