As Reported by the Senate Insurance, Commerce 2
and Labor Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 261 6
1999-2000 7
REPRESENTATIVES ROMAN-SCHURING-AMSTUTZ-MEAD-NETZLEY-TIBERI- 9
JERSE-BRITTON-JACOBSON-GOODMAN-BENDER-CLANCY-SCHULER-GRENDELL- 10
O'BRIEN-VESPER-KREBS-TERWILLEGER-PADGETT-CORBIN-ROBERTS-HOOD- 12
VAN VYVEN-HOUSEHOLDER-WILLAMOWSKI-BUCHY-HOLLISTER-KRUPINSKI-
JOLIVETTE-HEALY-SALERNO-DAMSCHRODER-CAREY-WILLIAMS-MOTTLEY- 13
BRADING-TRAKAS-CALVERT-EVANS-METZGER-PATTON-VERICH-YOUNG- 14
WINKLER-HAINES-KILBANE-CORE-BOYD-SENATORS NEIN-CUPP 15
_________________________________________________________________ 17
A B I L L
To enact section 4715.42 of the Revised Code and to 19
repeal Sections 2 and 3 of Am. Sub. H.B. 218 of 20
the 121st General Assembly, as subsequently 21
amended, to repeal the scheduled repeal of the 22
laws that establish qualified immunity from civil
liability for health care providers that provide 23
free health care services to indigent and 24
uninsured persons and to extend that immunity to 26
retired dentists and dental hygienists who
provide free dental services to such persons. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That section 4715.42 of the Revised Code be 32
enacted to read as follows:
Sec. 4715.42. (A)(1) AS USED IN THIS SECTION, "INDIGENT 34
AND UNINSURED PERSON," "NONPROFIT SHELTER OR HEALTH CARE 35
FACILITY," AND "OPERATION" HAVE THE SAME MEANINGS AS IN SECTION 36
2305.234 OF THE REVISED CODE. 37
(2) FOR THE PURPOSES OF THIS SECTION, A PERSON SHALL BE 39
CONSIDERED RETIRED FROM PRACTICE IF THE PERSON'S LICENSE HAS BEEN 40
2
SURRENDERED OR ALLOWED TO EXPIRE WITH THE INTENTION OF CEASING TO 41
PRACTICE AS A DENTIST OR DENTAL HYGIENIST FOR REMUNERATION. 42
(B) THE STATE DENTAL BOARD MAY ISSUE, WITHOUT EXAMINATION, 44
A VOLUNTEER'S CERTIFICATE TO A PERSON WHO IS RETIRED FROM 45
PRACTICE SO THAT THE PERSON MAY PROVIDE DENTAL SERVICES TO 46
INDIGENT AND UNINSURED PERSONS AT NONPROFIT SHELTERS OR HEALTH 47
CARE FACILITIES.
(C) AN APPLICATION FOR A VOLUNTEER'S CERTIFICATE SHALL 49
INCLUDE ALL OF THE FOLLOWING: 50
(1) A COPY OF THE APPLICANT'S DEGREE FROM DENTAL COLLEGE 52
OR DENTAL HYGIENE SCHOOL. 53
(2) ONE OF THE FOLLOWING, AS APPLICABLE: 55
(a) A COPY OF THE APPLICANT'S MOST RECENT LICENSE TO 57
PRACTICE DENTISTRY OR DENTAL HYGIENE ISSUED BY A JURISDICTION IN 58
THE UNITED STATES THAT LICENSES PERSONS TO PRACTICE DENTISTRY OR 59
DENTAL HYGIENE. 60
(b) A COPY OF THE APPLICANT'S MOST RECENT LICENSE 62
EQUIVALENT TO A LICENSE TO PRACTICE DENTISTRY OR DENTAL HYGIENE 63
IN ONE OR MORE BRANCHES OF THE UNITED STATES ARMED SERVICES THAT 64
THE UNITED STATES GOVERNMENT ISSUED. 65
(3) EVIDENCE OF ONE OF THE FOLLOWING, AS APPLICABLE: 67
(a) THE APPLICANT HAS MAINTAINED FOR AT LEAST TEN YEARS 69
PRIOR TO RETIREMENT FULL LICENSURE IN GOOD STANDING IN ANY 70
JURISDICTION IN THE UNITED STATES THAT LICENSES PERSONS TO 71
PRACTICE DENTISTRY OR DENTAL HYGIENE. 72
(b) THE APPLICANT HAS PRACTICED AS A DENTIST OR DENTAL 74
HYGIENIST IN GOOD STANDING FOR AT LEAST TEN YEARS PRIOR TO 75
RETIREMENT IN ONE OR MORE BRANCHES OF THE UNITED STATES ARMED 76
SERVICES.
(4) A NOTARIZED STATEMENT FROM THE APPLICANT, ON A FORM 78
PRESCRIBED BY THE BOARD, THAT THE APPLICANT WILL NOT ACCEPT ANY 79
FORM OF REMUNERATION FOR ANY DENTAL SERVICES RENDERED WHILE IN 80
POSSESSION OF A VOLUNTEER'S CERTIFICATE. 81
(D) THE HOLDER OF A VOLUNTEER'S CERTIFICATE MAY PROVIDE 83
3
DENTAL SERVICES ONLY ON THE PREMISES OF A NONPROFIT SHELTER OR 84
HEALTH CARE FACILITY AND ONLY TO INDIGENT AND UNINSURED PERSONS. 85
THE HOLDER SHALL NOT ACCEPT ANY FORM OF REMUNERATION FOR 86
PROVIDING DENTAL SERVICES WHILE IN POSSESSION OF THE CERTIFICATE. 87
EXCEPT IN A DENTAL EMERGENCY, THE HOLDER SHALL NOT PERFORM ANY 88
OPERATION. THE BOARD MAY REVOKE A VOLUNTEER'S CERTIFICATE ON 89
RECEIVING PROOF SATISFACTORY TO THE BOARD THAT THE HOLDER HAS 90
ENGAGED IN PRACTICE IN THIS STATE OUTSIDE THE SCOPE OF THE 91
HOLDER'S CERTIFICATE OR THAT THERE ARE GROUNDS FOR ACTION AGAINST 92
THE PERSON UNDER SECTION 4715.30 OF THE REVISED CODE. 93
(E)(1) A VOLUNTEER'S CERTIFICATE SHALL BE VALID FOR A 95
PERIOD OF THREE YEARS, AND MAY BE RENEWED UPON THE APPLICATION OF 96
THE HOLDER, UNLESS THE CERTIFICATE WAS PREVIOUSLY REVOKED UNDER
DIVISION (D) OF THIS SECTION. THE BOARD SHALL MAINTAIN A 97
REGISTER OF ALL PERSONS WHO HOLD VOLUNTEER'S CERTIFICATES. THE 98
BOARD SHALL NOT CHARGE A FEE FOR ISSUING OR RENEWING A 99
CERTIFICATE PURSUANT TO THIS SECTION.
(2) TO BE ELIGIBLE FOR RENEWAL OF A VOLUNTEER'S 101
CERTIFICATE, THE HOLDER OF THE CERTIFICATE SHALL CERTIFY TO THE 102
BOARD COMPLETION OF SIXTY HOURS OF CONTINUING DENTAL EDUCATION 103
THAT MEETS THE REQUIREMENTS OF SECTION 4715.141 OF THE REVISED 104
CODE AND THE RULES ADOPTED UNDER THAT SECTION, OR COMPLETION OF 105
EIGHTEEN HOURS OF CONTINUING DENTAL HYGIENE EDUCATION THAT MEETS 106
THE REQUIREMENTS OF SECTION 4715.25 OF THE REVISED CODE AND THE 107
RULES ADOPTED UNDER THAT SECTION, AS THE CASE MAY BE. THE BOARD 108
MAY NOT RENEW A CERTIFICATE IF THE HOLDER HAS NOT COMPLIED WITH 109
THE APPROPRIATE CONTINUING EDUCATION REQUIREMENTS. THE NONPROFIT 110
SHELTER OR HEALTH CARE FACILITY IN WHICH THE HOLDER PROVIDES 111
DENTAL SERVICES MAY PAY FOR OR REIMBURSE THE HOLDER FOR ANY COSTS 112
INCURRED IN OBTAINING THE REQUIRED CONTINUING EDUCATION CREDITS. 113
(3) THE BOARD SHALL ISSUE TO EACH PERSON WHO QUALIFIES 115
UNDER THIS SECTION FOR A VOLUNTEER'S CERTIFICATE A WALLET 116
CERTIFICATE AND A WALL CERTIFICATE THAT STATE THAT THE 117
CERTIFICATE HOLDER IS AUTHORIZED TO PROVIDE DENTAL SERVICES 118
4
PURSUANT TO THE LAWS OF THIS STATE. THE HOLDER SHALL KEEP THE 119
WALLET CERTIFICATE ON THE HOLDER'S PERSON WHILE PROVIDING DENTAL 120
SERVICES AND SHALL DISPLAY THE WALL CERTIFICATE PROMINENTLY IN 121
THE NONPROFIT SHELTER OR HEALTH CARE FACILITY WHERE THE HOLDER 122
PRIMARILY PRACTICES.
(4) THE HOLDER OF A VOLUNTEER'S CERTIFICATE ISSUED 124
PURSUANT TO THIS SECTION IS SUBJECT TO THE IMMUNITY PROVISIONS IN 125
SECTION 2305.234 OF THE REVISED CODE. 126
(F) THE BOARD SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 129
119. OF THE REVISED CODE TO ADMINISTER AND ENFORCE THIS SECTION. 131
Section 2. That Section 2 of Am. Sub. H.B. 218 of the 133
121st General Assembly, as most recently amended by Am. Sub. H.B. 134
612 of the 122nd General Assembly, which section contains a 135
repeal of sections 2305.234, 3701.071, and 4731.295 of the 136
Revised Code effective November 15, 2000, is hereby repealed. 137
The intent of this section is to remove the limitation imposed by 138
such repeal upon the continued existence of sections 2305.234, 139
3701.071, and 4731.295 of the Revised Code, which intent is not 140
affected by the rule of construction contained in section 1.57 of 141
the Revised Code. 142
Section 3. That Section 3 of Am. Sub. H.B. 218 of the 144
121st General Assembly, as most recently amended by Am. Sub. H.B. 145
612 of the 122nd General Assembly, is hereby repealed. 146
Section 4. As used in this section, "indigent and 148
uninsured person" and "nonprofit shelter or health care facility" 149
have the same meanings as in section 2305.234 of the Revised 150
Code.
Division (E)(4) of section 4715.42 of the Revised Code, as 152
enacted by this act, shall apply only to causes of action against 153
holders of a volunteer's certificate issued pursuant to that 154
section for injury, death, or loss to person or property that 155
allegedly arise from an action or omission occurring on or after 156
the effective date of this act in the provision of dental 157
services to an indigent and uninsured person at a nonprofit 158
5
shelter or health care facility. With respect to causes of 159
action against those individuals occurring prior to the effective 160
date of this act that have not been barred by a statute of 161
limitations, the liability or immunity from liability of those 162
individuals, and the defenses available to them, shall be 163
determined as if section 4715.42 of the Revised Code had not been 164
enacted.