SENATORS Jacobson, Carnes, Mumper, Nein, Wachtmann, Amstutz, Randy Gardner, Jordan, Harris, White

To amend sections 2305.11, 2315.21, 3721.02, and

1

3721.17 and to enact section 5111.411 of the

2

Revised Code relative to the results of a home

3

inspection or nursing facility survey, liability of

4

a residential care facility or a home for punitive

5

damages, to the definition of "medical claim" for

6

the statute of limitations for medical claims, and

7

to the statute of limitations for home or

8

residential facility care.

9

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

Section 1. That sections 2305.11, 2315.21, 3721.02, and	10
3721.17 be amended and section 5111.411 of the Revised Code be	11
enacted to read as follows:	12

Sec. 2305.11.  (A) An action for libel, slander, malicious	13
prosecution, or false imprisonment, an action for malpractice	14
other than an action upon a medical, dental, optometric, or	15
chiropractic claim, or an action upon a statute for a penalty or	16
forfeiture shall be commenced within one year after the cause of	17
action accrued, provided that an action by an employee for the	18
payment of unpaid minimum wages, unpaid overtime compensation, or	19
liquidated damages by reason of the nonpayment of minimum wages or	20
overtime compensation shall be commenced within two years after	21
the cause of action accrued.	22

(B)(1) Subject to division (B)(2) of this section, an action	23
upon a medical, dental, optometric, or chiropractic claim shall be	24
commenced within one year after the cause of action accrued,	25
except that, if prior to the expiration of that one-year period, a	26
claimant who allegedly possesses a medical, dental, optometric, or	27
chiropractic claim gives to the person who is the subject of that	28
claim written notice that the claimant is considering bringing an	29
action upon that claim, that action may be commenced against the	30
person notified at any time within one hundred eighty days after	31
the notice is so given.	32

(2) Except as to persons within the age of minority or of	33
unsound mind, as provided by section 2305.16 of the Revised Code:	34

(a) In no event shall any action upon a medical, dental,	35
optometric, or chiropractic claim be commenced more than four	36
years after the occurrence of the act or omission constituting the	37
alleged basis of the medical, dental, optometric, or chiropractic	38
claim.	39

(b) If an action upon a medical, dental, optometric, or	40
chiropractic claim is not commenced within four years after the	41
occurrence of the act or omission constituting the alleged basis	42
of the medical, dental, optometric, or chiropractic claim, then,	43
notwithstanding the time when the action is determined to accrue	44
under division (B)(1) of this section, any action upon that claim	45
is barred.	46

(C) A civil action for unlawful abortion pursuant to section	47
2919.12 of the Revised Code, a civil action authorized by division	48
(H) of section 2317.56 of the Revised Code, a civil action	49
pursuant to division (B)(1) or (2) of section 2307.51 of the	50
Revised Code for performing a dilation and extraction procedure or	51
attempting to perform a dilation and extraction procedure in	52
violation of section 2919.15 of the Revised Code, and a civil	53
action pursuant to division (B)(1) or (2) of section 2307.52 of	54
the Revised Code for terminating or attempting to terminate a	55
human pregnancy after viability in violation of division (A) or	56
(B) of section 2919.17 of the Revised Code shall be commenced	57
within one year after the performance or inducement of the	58
abortion, within one year after the attempt to perform or induce	59
the abortion in violation of division (A) or (B) of section	60
2919.17 of the Revised Code, within one year after the performance	61
of the dilation and extraction procedure, or, in the case of a	62
civil action pursuant to division (B)(2) of section 2307.51 of the	63
Revised Code, within one year after the attempt to perform the	64
dilation and extraction procedure.	65

(D) As used in this section:

66

(1) "Hospital" includes any person, corporation, association,	67
board, or authority that is responsible for the operation of any	68
hospital licensed or registered in the state, including, but not	69
limited to, those whichthat are owned or operated by the state,	70
political subdivisions, any person, any corporation, or any	71
combination thereof. "Hospital" also includes any person,	72
corporation, association, board, entity, or authority that is	73
responsible for the operation of any clinic that employs a	74
full-time staff of physicians practicing in more than one	75
recognized medical specialty and rendering advice, diagnosis,	76
care, and treatment to individuals. "Hospital" does not include	77
any hospital operated by the government of the United States or	78
any of its branches.	79

(2) "Physician" means a person who is licensed to practice	80
medicine and surgery or osteopathic medicine and surgery by the	81
state medical board or a person who otherwise is authorized to	82
practice medicine and surgery or osteopathic medicine and surgery	83
in this state.	84

(3) "Medical claim" means any claim that is asserted in any	85
civil action against a physician, podiatrist, or hospital, home,	86
or residential facility, against any employee or agent of a	87
physician, podiatrist, or hospital, home, or residential facility,	88
or against a registered nurse or physical therapist, and that	89
arises out of the medical diagnosis, care, or treatment of any	90
person. "Medical claim" includes derivativethe following:	91

(a) Derivative claims for relief that arise from the medical	92
diagnosis, care, or treatment of a person;	93

(b) Claims that arise out of the medical diagnosis, care, or	94
treatment of any person and to which either of the following	95
apply:	96

(i) The claim results from acts or omissions in providing	97
medical care.	98

(ii) The claim results from the hiring, training,	99
supervision, retention, or termination of caregivers providing	100
medical diagnosis, care, or treatment.	101

(c) Claims that arise out of the medical diagnosis, care, or	102
treatment of any person and that are brought under section 3721.17	103
of the Revised Code.	104

(4) "Podiatrist" means any person who is licensed to practice	105
podiatric medicine and surgery by the state medical board.	106

(5) "Dentist" means any person who is licensed to practice	107
dentistry by the state dental board.	108

(6) "Dental claim" means any claim that is asserted in any	109
civil action against a dentist, or against any employee or agent	110
of a dentist, and that arises out of a dental operation or the	111
dental diagnosis, care, or treatment of any person. "Dental claim"	112
includes derivative claims for relief that arise from a dental	113
operation or the dental diagnosis, care, or treatment of a person.	114

(7) "Derivative claims for relief" include, but are not	115
limited to, claims of a parent, guardian, custodian, or spouse of	116
an individual who was the subject of any medical diagnosis, care,	117
or treatment, dental diagnosis, care, or treatment, dental	118
operation, optometric diagnosis, care, or treatment, or	119
chiropractic diagnosis, care, or treatment, that arise from that	120
diagnosis, care, treatment, or operation, and that seek the	121
recovery of damages for any of the following:	122

(a) Loss of society, consortium, companionship, care,	123
assistance, attention, protection, advice, guidance, counsel,	124
instruction, training, or education, or any other intangible loss	125
that was sustained by the parent, guardian, custodian, or spouse;	126

(b) Expenditures of the parent, guardian, custodian, or	127
spouse for medical, dental, optometric, or chiropractic care or	128
treatment, for rehabilitation services, or for other care,	129
treatment, services, products, or accommodations provided to the	130
individual who was the subject of the medical diagnosis, care, or	131
treatment, the dental diagnosis, care, or treatment, the dental	132
operation, the optometric diagnosis, care, or treatment, or the	133
chiropractic diagnosis, care, or treatment.	134

(8) "Registered nurse" means any person who is licensed to	135
practice nursing as a registered nurse by the state board of	136
nursing.	137

(9) "Chiropractic claim" means any claim that is asserted in	138
any civil action against a chiropractor, or against any employee	139
or agent of a chiropractor, and that arises out of the	140
chiropractic diagnosis, care, or treatment of any person.	141
"Chiropractic claim" includes derivative claims for relief that	142
arise from the chiropractic diagnosis, care, or treatment of a	143
person.	144

(10) "Chiropractor" means any person who is licensed to	145
practice chiropractic by the chiropractic examining board.	146

(11) "Optometric claim" means any claim that is asserted in	147
any civil action against an optometrist, or against any employee	148
or agent of an optometrist, and that arises out of the optometric	149
diagnosis, care, or treatment of any person. "Optometric claim"	150
includes derivative claims for relief that arise from the	151
optometric diagnosis, care, or treatment of a person.	152

(12) "Optometrist" means any person licensed to practice	153
optometry by the state board of optometry.	154

(13) "Physical therapist" means any person who is licensed to	155
practice physical therapy under Chapter 4755. of the Revised Code.	156

(14) "Home" has the same meaning as in section 3721.10 of	157
the Revised Code.	158

(15) "Residential facility" means a facility licensed under	159
section 5123.19 of the Revised Code.	160

Sec. 2315.21.  (A) As used in this section:

161

(1) "Tort action" means a civil action for damages for injury	162
or loss to person or property. "Tort action" includes a product	163
liability claim for damages for injury or loss to person or	164
property that is subject to sections 2307.71 to 2307.80 of the	165
Revised Code, but does not include a civil action for damages for	166
a breach of contract or another agreement between persons.	167

(2) "Trier of fact" means the jury or, in a nonjury action,	168
the court.	169

(3) "Home" has the same meaning as in section 3721.10 of the	170
Revised Code.	171

(B) Subject to division (D) of this section, punitive or	172
exemplary damages are not recoverable from a defendant in question	173
in a tort action unless both of the following apply:	174

(1) The actions or omissions of that defendant demonstrate	175
malice, aggravated or egregious fraud, oppression, or insult, or	176
that defendant as principal or master authorized, participated in,	177
or ratified actions or omissions of an agent or servant that so	178
demonstrate;.	179

(2) The plaintiff in question has adduced proof of actual	180
damages that resulted from actions or omissions as described in	181
division (B)(1) of this section.	182

(C)(1) In a tort action, the trier of fact shall determine	183
the liability of any defendant for punitive or exemplary damages	184
and the amount of those damages.	185

(2) In a tort action, the burden of proof shall be upon a	186
plaintiff in question, by clear and convincing evidence, to	187
establish that the plaintiff is entitled to recover punitive or	188
exemplary damages.	189

(D) This section does not apply to tort actions against the	190
state in the court of claims or to the extent that another section	191
of the Revised Code expressly provides any of the following:	192

(1) Punitive or exemplary damages are recoverable from a	193
defendant in question in a tort action on a basis other than that	194
the actions or omissions of that defendant demonstrate malice,	195
aggravated or egregious fraud, oppression, or insult, or on a	196
basis other than that the defendant in question as principal or	197
master authorized, participated in, or ratified actions or	198
omissions of an agent or servant that so demonstrate;.	199

(2) Punitive or exemplary damages are recoverable from a	200
defendant in question in a tort action irrespective of whether the	201
plaintiff in question has adduced proof of actual damages;.	202

(3) The burden of proof upon a plaintiff in question to	203
recover punitive or exemplary damages from a defendant in question	204
in a tort action is one other than clear and convincing evidence;.	205

(4) Punitive or exemplary damages are not recoverable from a	206
defendant in question in a tort action.	207

(E) When determining the amount of an award of punitive or	208
exemplary damages against either a home or a residential facility	209
licensed under section 5123.19 of the Revised Code, the trier of	210
fact shall consider all of the following:	211

(1) The ability of the home or residential facility to pay	212
the award of punitive or exemplary damages based on the home's or	213
residential facility's assets, income, and net worth;	214

(2) Whether the amount of punitive or exemplary damages is	215
sufficient to deter future tortious conduct;	216

(3) The financial ability of the home or residential	217
facility, both currently and in the future, to provide	218
accommodations, personal care services, and skilled nursing care.	219

Sec. 3721.02. (A) The director of health shall license homes	220
and establish procedures to be followed in inspecting and	221
licensing homes. The director may inspect a home at any time.	222
Each home shall be inspected by the director at least once prior	223
to the issuance of a license and at least once every fifteen	224
months thereafter. The state fire marshal or a township,	225
municipal, or other legally constituted fire department approved	226
by the marshal shall also inspect a home prior to issuance of a	227
license, at least once every fifteen months thereafter, and at any	228
other time requested by the director. A home does not have to be	229
inspected prior to issuance of a license by the director, state	230
fire marshal, or a fire department if ownership of the home is	231
assigned or transferred to a different person and the home was	232
licensed under this chapter immediately prior to the assignment or	233
transfer. The director may enter at any time, for the purposes of	234
investigation, any institution, residence, facility, or other	235
structure whichthat has been reported to the director or that the	236
director has reasonable cause to believe is operating as a nursing	237
home, residential care facility, or home for the aging without a	238
valid license required by section 3721.05 of the Revised Code or,	239
in the case of a county home or district home, is operating	240
despite the revocation of its residential care facility license.	241
The director may delegate the director's authority and duties	242
under this chapter to any division, bureau, agency, or official of	243
the department of health.	244

(B) A single facility may be licensed both as a nursing home	245
pursuant to this chapter and as an adult care facility pursuant to	246
Chapter 3722. of the Revised Code if the director determines that	247
the part or unit to be licensed as a nursing home can be	248
maintained separate and discrete from the part or unit to be	249
licensed as an adult care facility.	250

(C) In determining the number of residents in a home for the	251
purpose of licensing, the director shall consider all the	252
individuals for whom the home provides accommodations as one group	253
unless one of the following is the case:	254

(A)(1) The home is a home for the aging, in which case all	255
the individuals in the part or unit licensed as a nursing home	256
shall be considered as one group, and all the individuals in the	257
part or unit licensed as a rest home shall be considered as	258
another group;.	259

(B)(2) The home is both a nursing home and an adult care	260
facility. In that case, all the individuals in the part or unit	261
licensed as a nursing home shall be considered as one group, and	262
all the individuals in the part or unit licensed as an adult care	263
facility shall be considered as another group.	264

(C)(3) The home maintains, in addition to a nursing home or	265
residential care facility, a separate and discrete part or unit	266
that provides accommodations to individuals who do not require or	267
receive skilled nursing care and do not receive personal care	268
services from the home, in which case the individuals in the	269
separate and discrete part or unit shall not be considered in	270
determining the number of residents in the home if the separate	271
and discrete part or unit is in compliance with the Ohio basic	272
building code established by the board of building standards under	273
Chapters 3781. and 3791. of the Revised Code and the home permits	274
the director, on request, to inspect the separate and discrete	275
part or unit and speak with the individuals residing there, if	276
they consent, to determine whether the separate and discrete part	277
or unit meets the requirements of this division.	278

(D) The director of health shall charge an application fee	279
and an annual renewal licensing and inspection fee of one hundred	280
dollars for each fifty persons or part thereof of a home's	281
licensed capacity. All fees collected by the director for the	282
issuance or renewal of licenses shall be deposited into the state	283
treasury to the credit of the general operations fund created in	284
section 3701.83 of the Revised Code for use only in administering	285
and enforcing this chapter and rules adopted under it.	286

(E) (1) Except as otherwise provided in this section, the	287
results of an inspection or investigation of a home that is	288
conducted under this section, including any statement of	289
deficiencies and all findings and deficiencies cited in the	290
statement on the basis of the inspection or investigation, shall	291
be used solely to determine the home's compliance with this	292
chapter or another chapter of the Revised Code in any action or	293
proceeding other than an action commenced under division (I) of	294
section 3721.17 of the Revised Code. Those results of an	295
inspection or investigation, that statement of deficiencies, and	296
the findings and deficiencies cited in that statement shall not be	297
used in any court or in any action or proceeding that is pending	298
in any court and are not admissible in evidence in any action or	299
proceeding unless that action or proceeding is an appeal of an	300
action by the department of health under this chapter or is an	301
action by any department or agency of the state to enforce this	302
chapter or another chapter of the Revised Code.	303

(2) Nothing in division (E)(1) of this section prohibits the	304
results of an inspection or investigation conducted under this	305
section from being used in a criminal investigation or	306
prosecution.	307

Sec. 3721.17.  (A) Any resident who believes that the	308
resident's rights under sections 3721.10 to 3721.17 of the Revised	309
Code have been violated may file a grievance under procedures	310
adopted pursuant to division (A)(2) of section 3721.12 of the	311
Revised Code.	312

When the grievance committee determines a violation of	313
sections 3721.10 to 3721.17 of the Revised Code has occurred, it	314
shall notify the administrator of the home. If the violation	315
cannot be corrected within ten days, or if ten days have elapsed	316
without correction of the violation, the grievance committee shall	317
refer the matter to the department of health.	318

(B) Any person who believes that a resident's rights under	319
sections 3721.10 to 3721.17 of the Revised Code have been violated	320
may report or cause reports to be made of the information directly	321
to the department of health. No person who files a report is	322
liable for civil damages resulting from the report.	323

(C)(1) Within thirty days of receiving a complaint under	324
this section, the department of health shall investigate any	325
complaint referred to it by a home's grievance committee and any	326
complaint from any source that alleges that the home provided	327
substantially less than adequate care or treatment, or	328
substantially unsafe conditions, or, within seven days of	329
receiving a complaint, refer it to the attorney general, if the	330
attorney general agrees to investigate within thirty days.	331

(2) Within thirty days of receiving a complaint under this	332
section, the department of health may investigate any alleged	333
violation of sections 3721.10 to 3721.17 of the Revised Code, or	334
of rules, policies, or procedures adopted pursuant to those	335
sections, not covered by division (C)(1) of this section, or it	336
may, within seven days of receiving a complaint, refer the	337
complaint to the grievance committee at the home where the alleged	338
violation occurred, or to the attorney general if the attorney	339
general agrees to investigate within thirty days.	340

(D) If, after an investigation, the department of health	341
finds probable cause to believe that a violation of sections	342
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or	343
procedures adopted pursuant to those sections, has occurred at a	344
home that is certified under the medicare or medicaid program, it	345
shall cite one or more findings or deficiencies under sections	346
5111.35 to 5111.62 of the Revised Code. If the home is not so	347
certified, the department shall hold an adjudicative hearing	348
within thirty days under Chapter 119. of the Revised Code.	349

(E) Upon a finding at an adjudicative hearing under division	350
(D) of this section that a violation of sections 3721.10 to	351
3721.17 of the Revised Code, or of rules, policies, or procedures	352
adopted pursuant thereto, has occurred, the department of health	353
shall make an order for compliance, set a reasonable time for	354
compliance, and assess a fine pursuant to division (F) of this	355
section. The fine shall be paid to the general revenue fund only	356
if compliance with the order is not shown to have been made within	357
the reasonable time set in the order. The department of health	358
may issue an order prohibiting the continuation of any violation	359
of sections 3721.10 to 3721.17 of the Revised Code.	360

Findings at the hearings conducted under this section may be	361
appealed pursuant to Chapter 119. of the Revised Code, except that	362
an appeal may be made to the court of common pleas of the county	363
in which the home is located.	364

The department of health shall initiate proceedings in court	365
to collect any fine assessed under this section whichthat is	366
unpaid thirty days after the violator's final appeal is exhausted.	367

(F) Any home found, pursuant to an adjudication hearing	368
under division (D) of this section, to have violated sections	369
3721.10 to 3721.17 of the Revised Code, or rules, policies, or	370
procedures adopted pursuant to those sections may be fined not	371
less than one hundred nor more than five hundred dollars for a	372
first offense. For each subsequent offense, the home may be fined	373
not less than two hundred nor more than one thousand dollars.	374

A violation of sections 3721.10 to 3721.17 of the Revised	375
Code is a separate offense for each day of the violation and for	376
each resident who claims the violation.	377

(G) No home or employee of a home shall retaliate against	378
any person who:	379

(1) Exercises any right set forth in sections 3721.10 to	380
3721.17 of the Revised Code, including, but not limited to, filing	381
a complaint with the home's grievance committee or reporting an	382
alleged violation to the department of health;	383

(2) Appears as a witness in any hearing conducted under this	384
section or section 3721.162 of the Revised Code;	385

(3) Files a civil action alleging a violation of sections	386
3721.10 to 3721.17 of the Revised Code, or notifies a county	387
prosecuting attorney or the attorney general of a possible	388
violation of sections 3721.10 to 3721.17 of the Revised Code.	389

If, under the procedures outlined in this section, a home or	390
its employee is found to have retaliated, the violator may be	391
fined up to one thousand dollars.	392

(H) When legal action is indicated, any evidence of criminal	393
activity found in an investigation under division (C) of this	394
section shall be given to the prosecuting attorney in the county	395
in which the home is located for investigation.	396

(I)(1)(a) Any resident whose rights under sections 3721.10	397
to 3721.17 of the Revised Code are violated has a cause of action	398
against any person or home committing the violation. The action	399
may be commenced by the resident or by the resident's sponsor on	400
behalf of the resident.	401

(b) An action under division (I)(1)(a) of this section may	402
be commenced by the resident or by the resident's legal guardian	403
or other legally authorized representative on behalf of the	404
resident or the resident's estate. If the resident or the	405
resident's legal guardian or other legally authorized	406
representative is unable to commence an action under that division	407
on behalf of the resident, the following persons in the following	408
order of priority have the right to and may commence an action	409
under that division on behalf of the resident or the resident's	410
estate:	411

(i) The resident's spouse;

412

(ii) The resident's parent or adult child;

413

(iii) The resident's guardian if the resident is a minor	414
child;	415

(iv) The resident's brother or sister;

416

(v) The resident's niece, nephew, aunt, or uncle.

417

(c) Notwithstanding any law as to priority of persons	418
entitled to commence an action, if more than one eligible person	419
within the same level of priority seeks to commence an action on	420
behalf of a resident or the resident's estate, the court shall	421
determine, in the best interest of the resident or the resident's	422
estate, the individual to commence the action. A court's	423
determination under this division as to the person to commence an	424
action on behalf of a resident or the resident's estate shall bar	425
another person from commencing the action on behalf of the	426
resident or the resident's estate.	427

(d) The result of an action commenced pursuant to division	428
(I)(1)(a) of this section by a person authorized under division	429
(I)(1)(b) of this section shall bind the resident or the	430
resident's estate that is the subject of the action.	431

(e) A cause of action under division (I)(1)(a) of this	432
section shall accrue, and the statute of limitations applicable to	433
that cause of action shall begin to run, based upon the violation	434
of a resident's rights under sections 3721.10 to 3721.17 of the	435
Revised Code, regardless of the party commencing the action on	436
behalf of the resident or the resident's estate as authorized	437
under divisions (I)(1)(b) and (c) of this section.	438

(2)(a) The plaintiff in an action filed under division (I)(1)	439
of this section may obtain injunctive relief against the violation	440
of the resident's rights. The plaintiff also may recover	441
compensatory damages based upon a showing, by a preponderance of	442
the evidence, that the violation of the resident's rights resulted	443
from a negligent act or omission of the person or home and that	444
the violation was the proximate cause of the resident's injury,	445
death, or loss to person or property.	446

(b) If compensatory damages are awarded for a violation of	447
the resident's rights, section 2315.21 of the Revised Code, except	448
divisions (E)(1) and (2) of that section, shall apply to an award	449
of punitive or exemplary damages for the violation.	450

(b)(c) The court, in a case in which only injunctive relief	451
is granted, may award to the prevailing party reasonable	452
attorney's fees limited to the work reasonably performed.	453

(3) Division (I)(2)(a)(b) of this section shall be	454
considered to be purely remedial in operation and shall be applied	455
in a remedial manner in any civil action in which this section is	456
relevant, whether the action is pending in court or commenced on	457
or after July 9, 1998.	458

(4) Within thirty days after the filing of a complaint in an	459
action for damages brought against a home under division (I)(1)(a)	460
of this section by or on behalf of a resident or former resident	461
of the home, the plaintiff or plaintiff's counsel shall send	462
written notice of the filing of the complaint to the department of	463
job and family services if the department has a right of recovery	464
under section 5101.58 of the Revised Code against the liability of	465
the home for the cost of medical services and care arising out of	466
injury, disease, or disability of the resident or former resident.	467

Sec. 5111.411. The results of a survey of a nursing facility	468
that is conducted under section 5111.39 of the Revised Code,	469
including any statement of deficiencies and all findings and	470
deficiencies cited in the statement on the basis of the survey,	471
shall be used solely to determine the nursing facility's	472
compliance with certification requirements or with this chapter or	473
another chapter of the Revised Code. Those results of a survey,	474
that statement of deficiencies, and the findings and deficiencies	475
cited in that statement shall not be used in any court or in any	476
action or proceeding that is pending in any court and are not	477
admissible in evidence in any action or proceeding unless that	478
action or proceeding is an appeal of an administrative action by	479
the department of job and family services or contracting agency	480
under this chapter or is an action by any department or agency of	481
the state to enforce this chapter or another chapter of the	482
Revised Code.	483

Nothing in this section prohibits the results of a survey, a	484
statement of deficiencies, or the findings and deficiencies cited	485
in that statement on the basis of the survey under this section	486
from being used in a criminal investigation or prosecution.	487

Section 2. That existing sections 2305.11, 2315.21, 3721.02,	488
and 3721.17 of the Revised Code are hereby repealed.	489

Section 3. Nothing in this act applies to proceedings or	490
appeals involving workers' compensation claims under Chapter 4121.	491
or 4123. of the Revised Code.	492

Section 4. If any provision of section 2305.11, 2315.21,	493
3721.02, or 3721.17 of the Revised Code, as amended by this act,	494
any provision of section 5111.411 of the Revised Code, as enacted	495
by this act, or the application of any provision of those sections	496
to any person or circumstance is held invalid, the invalidity does	497
not affect other provisions or applications of the particular	498
section or related sections that can be given effect without the	499
invalid provision or application, and to this end the provisions	500
of the particular section are severable.	501