Am. H. B. No. 384 As Passed by the Senate

REPRESENTATIVES Oakar, Callender, Fedor, Distel, Hartnett, Carano, Barrett, Setzer, Calvert, Woodard, Sykes, Krupinski, DePiero, Brown, Rhine, Otterman, Allen, Key, Patton, Cirelli, DeBose, Strahorn, Redfern, Ogg, Sulzer, Beatty, S. Smith, Wilson, Jerse, Mason, Latell, Seaver, Flannery, R. Miller, Boccieri, Sferra, Coates, D. Miller, Hagan, Damschroder, Young, Roman, Hoops, Metzger, Flowers, Niehaus, Hollister

SENATORS Shoemaker, Hagan, Brady, Oelslager, Herington, Mallory, Prentiss

A BILL

To enact section 3313.815 of the Revised Code to

require public and nonpublic schools to have an

employee trained in the performance of the

Heimlich maneuver present during periods of food

service to students.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3313.815 of the Revised Code be	6
enacted to read as follows:	7

Sec. 3313.815. (A) Any school district or nonpublic school	8
that operates a food service program pursuant to section 3313.81	9
or 3313.813 of the Revised Code shall require at least one	10
employee who has received instruction in methods to prevent	11
choking and has demonstrated an ability to perform the Heimlich	12
maneuver to be present while students are being served food.	13

The department of education shall establish guidelines for	14
use by districts and schools in implementing this section.	15

(B) Any nonpublic school or employee of a nonpublic school	16
is not liable in damages in a civil action for injury, death, or	17
loss to person or property allegedly caused by an act or omission	18
of the nonpublic school or an employee of the nonpublic school in	19
connection with performance of the duties required under division	20
(A) of this section unless such act or omission was with malicious	21
purpose, in bad faith, or in a wanton or reckless manner.	22

(C) This section does not create a new cause of action or	23
substantive legal right against any person.	24