As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 261 5
1999-2000 6
REPRESENTATIVES ROMAN-SCHURING-AMSTUTZ-MEAD-NETZLEY-TIBERI- 8
JERSE-BRITTON-JACOBSON-GOODMAN-BENDER-CLANCY-SCHULER-GRENDELL- 9
O'BRIEN-VESPER-KREBS-TERWILLEGER-PADGETT-CORBIN-ROBERTS-HOOD- 11
VAN VYVEN-HOUSEHOLDER-WILLAMOWSKI-BUCHY-HOLLISTER-KRUPINSKI-
JOLIVETTE-HEALY-SALERNO-DAMSCHRODER-CAREY-WILLIAMS-MOTTLEY- 12
BRADING-TRAKAS-CALVERT-EVANS-METZGER-PATTON-VERICH-YOUNG- 13
WINKLER-HAINES-KILBANE-CORE-BOYD-SENATORS NEIN-CUPP- 14
WATTS-MUMPER-WACHTMANN-SPADA-WHITE-OELSLAGER-JOHNSON- 15
GARDNER-DRAKE 16
_________________________________________________________________ 18
A B I L L
To enact section 4715.42 of the Revised Code and to 20
repeal Sections 2 and 3 of Am. Sub. H.B. 218 of 21
the 121st General Assembly, as subsequently 22
amended, to repeal the scheduled repeal of the 23
laws that establish qualified immunity from civil
liability for health care providers that provide 24
free health care services to indigent and 25
uninsured persons and to extend that immunity to 27
retired dentists and dental hygienists who
provide free dental services to such persons. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That section 4715.42 of the Revised Code be 33
enacted to read as follows:
Sec. 4715.42. (A)(1) AS USED IN THIS SECTION, "INDIGENT 35
AND UNINSURED PERSON," "NONPROFIT SHELTER OR HEALTH CARE 36
FACILITY," AND "OPERATION" HAVE THE SAME MEANINGS AS IN SECTION 37
2305.234 OF THE REVISED CODE. 38
(2) FOR THE PURPOSES OF THIS SECTION, A PERSON SHALL BE 40
2
CONSIDERED RETIRED FROM PRACTICE IF THE PERSON'S LICENSE HAS BEEN 41
SURRENDERED OR ALLOWED TO EXPIRE WITH THE INTENTION OF CEASING TO 42
PRACTICE AS A DENTIST OR DENTAL HYGIENIST FOR REMUNERATION. 43
(B) THE STATE DENTAL BOARD MAY ISSUE, WITHOUT EXAMINATION, 45
A VOLUNTEER'S CERTIFICATE TO A PERSON WHO IS RETIRED FROM 46
PRACTICE SO THAT THE PERSON MAY PROVIDE DENTAL SERVICES TO 47
INDIGENT AND UNINSURED PERSONS AT NONPROFIT SHELTERS OR HEALTH 48
CARE FACILITIES.
(C) AN APPLICATION FOR A VOLUNTEER'S CERTIFICATE SHALL 50
INCLUDE ALL OF THE FOLLOWING: 51
(1) A COPY OF THE APPLICANT'S DEGREE FROM DENTAL COLLEGE 53
OR DENTAL HYGIENE SCHOOL. 54
(2) ONE OF THE FOLLOWING, AS APPLICABLE: 56
(a) A COPY OF THE APPLICANT'S MOST RECENT LICENSE TO 58
PRACTICE DENTISTRY OR DENTAL HYGIENE ISSUED BY A JURISDICTION IN 59
THE UNITED STATES THAT LICENSES PERSONS TO PRACTICE DENTISTRY OR 60
DENTAL HYGIENE. 61
(b) A COPY OF THE APPLICANT'S MOST RECENT LICENSE 63
EQUIVALENT TO A LICENSE TO PRACTICE DENTISTRY OR DENTAL HYGIENE 64
IN ONE OR MORE BRANCHES OF THE UNITED STATES ARMED SERVICES THAT 65
THE UNITED STATES GOVERNMENT ISSUED. 66
(3) EVIDENCE OF ONE OF THE FOLLOWING, AS APPLICABLE: 68
(a) THE APPLICANT HAS MAINTAINED FOR AT LEAST TEN YEARS 70
PRIOR TO RETIREMENT FULL LICENSURE IN GOOD STANDING IN ANY 71
JURISDICTION IN THE UNITED STATES THAT LICENSES PERSONS TO 72
PRACTICE DENTISTRY OR DENTAL HYGIENE. 73
(b) THE APPLICANT HAS PRACTICED AS A DENTIST OR DENTAL 75
HYGIENIST IN GOOD STANDING FOR AT LEAST TEN YEARS PRIOR TO 76
RETIREMENT IN ONE OR MORE BRANCHES OF THE UNITED STATES ARMED 77
SERVICES.
(4) A NOTARIZED STATEMENT FROM THE APPLICANT, ON A FORM 79
PRESCRIBED BY THE BOARD, THAT THE APPLICANT WILL NOT ACCEPT ANY 80
FORM OF REMUNERATION FOR ANY DENTAL SERVICES RENDERED WHILE IN 81
POSSESSION OF A VOLUNTEER'S CERTIFICATE. 82
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(D) THE HOLDER OF A VOLUNTEER'S CERTIFICATE MAY PROVIDE 84
DENTAL SERVICES ONLY ON THE PREMISES OF A NONPROFIT SHELTER OR 85
HEALTH CARE FACILITY AND ONLY TO INDIGENT AND UNINSURED PERSONS. 86
THE HOLDER SHALL NOT ACCEPT ANY FORM OF REMUNERATION FOR 87
PROVIDING DENTAL SERVICES WHILE IN POSSESSION OF THE CERTIFICATE. 88
EXCEPT IN A DENTAL EMERGENCY, THE HOLDER SHALL NOT PERFORM ANY 89
OPERATION. THE BOARD MAY REVOKE A VOLUNTEER'S CERTIFICATE ON 90
RECEIVING PROOF SATISFACTORY TO THE BOARD THAT THE HOLDER HAS 91
ENGAGED IN PRACTICE IN THIS STATE OUTSIDE THE SCOPE OF THE 92
HOLDER'S CERTIFICATE OR THAT THERE ARE GROUNDS FOR ACTION AGAINST 93
THE PERSON UNDER SECTION 4715.30 OF THE REVISED CODE. 94
(E)(1) A VOLUNTEER'S CERTIFICATE SHALL BE VALID FOR A 96
PERIOD OF THREE YEARS, AND MAY BE RENEWED UPON THE APPLICATION OF 97
THE HOLDER, UNLESS THE CERTIFICATE WAS PREVIOUSLY REVOKED UNDER
DIVISION (D) OF THIS SECTION. THE BOARD SHALL MAINTAIN A 98
REGISTER OF ALL PERSONS WHO HOLD VOLUNTEER'S CERTIFICATES. THE 99
BOARD SHALL NOT CHARGE A FEE FOR ISSUING OR RENEWING A 100
CERTIFICATE PURSUANT TO THIS SECTION.
(2) TO BE ELIGIBLE FOR RENEWAL OF A VOLUNTEER'S 102
CERTIFICATE, THE HOLDER OF THE CERTIFICATE SHALL CERTIFY TO THE 103
BOARD COMPLETION OF SIXTY HOURS OF CONTINUING DENTAL EDUCATION 104
THAT MEETS THE REQUIREMENTS OF SECTION 4715.141 OF THE REVISED 105
CODE AND THE RULES ADOPTED UNDER THAT SECTION, OR COMPLETION OF 106
EIGHTEEN HOURS OF CONTINUING DENTAL HYGIENE EDUCATION THAT MEETS 107
THE REQUIREMENTS OF SECTION 4715.25 OF THE REVISED CODE AND THE 108
RULES ADOPTED UNDER THAT SECTION, AS THE CASE MAY BE. THE BOARD 109
MAY NOT RENEW A CERTIFICATE IF THE HOLDER HAS NOT COMPLIED WITH 110
THE APPROPRIATE CONTINUING EDUCATION REQUIREMENTS. THE NONPROFIT 111
SHELTER OR HEALTH CARE FACILITY IN WHICH THE HOLDER PROVIDES 112
DENTAL SERVICES MAY PAY FOR OR REIMBURSE THE HOLDER FOR ANY COSTS 113
INCURRED IN OBTAINING THE REQUIRED CONTINUING EDUCATION CREDITS. 114
(3) THE BOARD SHALL ISSUE TO EACH PERSON WHO QUALIFIES 116
UNDER THIS SECTION FOR A VOLUNTEER'S CERTIFICATE A WALLET 117
CERTIFICATE AND A WALL CERTIFICATE THAT STATE THAT THE 118
4
CERTIFICATE HOLDER IS AUTHORIZED TO PROVIDE DENTAL SERVICES 119
PURSUANT TO THE LAWS OF THIS STATE. THE HOLDER SHALL KEEP THE 120
WALLET CERTIFICATE ON THE HOLDER'S PERSON WHILE PROVIDING DENTAL 121
SERVICES AND SHALL DISPLAY THE WALL CERTIFICATE PROMINENTLY IN 122
THE NONPROFIT SHELTER OR HEALTH CARE FACILITY WHERE THE HOLDER 123
PRIMARILY PRACTICES.
(4) THE HOLDER OF A VOLUNTEER'S CERTIFICATE ISSUED 125
PURSUANT TO THIS SECTION IS SUBJECT TO THE IMMUNITY PROVISIONS IN 126
SECTION 2305.234 OF THE REVISED CODE. 127
(F) THE BOARD SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 130
119. OF THE REVISED CODE TO ADMINISTER AND ENFORCE THIS SECTION. 132
Section 2. That Section 2 of Am. Sub. H.B. 218 of the 134
121st General Assembly, as most recently amended by Am. Sub. H.B. 135
612 of the 122nd General Assembly, which section contains a 136
repeal of sections 2305.234, 3701.071, and 4731.295 of the 137
Revised Code effective November 15, 2000, is hereby repealed. 138
The intent of this section is to remove the limitation imposed by 139
such repeal upon the continued existence of sections 2305.234, 140
3701.071, and 4731.295 of the Revised Code, which intent is not 141
affected by the rule of construction contained in section 1.57 of 142
the Revised Code. 143
Section 3. That Section 3 of Am. Sub. H.B. 218 of the 145
121st General Assembly, as most recently amended by Am. Sub. H.B. 146
612 of the 122nd General Assembly, is hereby repealed. 147
Section 4. As used in this section, "indigent and 149
uninsured person" and "nonprofit shelter or health care facility" 150
have the same meanings as in section 2305.234 of the Revised 151
Code.
Division (E)(4) of section 4715.42 of the Revised Code, as 153
enacted by this act, shall apply only to causes of action against 154
holders of a volunteer's certificate issued pursuant to that 155
section for injury, death, or loss to person or property that 156
allegedly arise from an action or omission occurring on or after 157
the effective date of this act in the provision of dental 158
5
services to an indigent and uninsured person at a nonprofit 159
shelter or health care facility. With respect to causes of 160
action against those individuals occurring prior to the effective 161
date of this act that have not been barred by a statute of 162
limitations, the liability or immunity from liability of those 163
individuals, and the defenses available to them, shall be 164
determined as if section 4715.42 of the Revised Code had not been 165
enacted.