As Introduced

125th General Assembly Regular Session 2003-2004

S. B. No. 51

Senators Blessing, Armbruster, Randy Gardner, DiDonato, Spada, Roberts, Coughlin, Goodman, Harris, Miller, Brady, Fedor, Prentiss 

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A BILL

To amend sections 2305.234, 3701.262, 4715.02,

1

4715.03, 4715.13, 4715.14, 4715.16, and 4715.39,

2

to enact new sections 4715.10 and 4715.11 and

3

sections 3702.85 to 3702.95, to repeal sections

4

4715.10, 4715.11, and 4715.15 of the Revised Code,

5

and to amend the version of section 2305.234 of

6

the Revised Code that is scheduled to take effect

7

January 1, 2004, to continue the provisions of

8

this act on and after that effective date to make

9

changes to the State Dental Board, to establish

10

the dentist loan repayment program, and to make

11

other changes to the laws governing dentistry in

12

Ohio.

13

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

Section 1. That sections 2305.234, 3701.262, 4715.02,	14
4715.03, 4715.13, 4715.14, 4715.16, and 4715.39 be amended and new	15
sections 4715.10 and 4715.11 and sections 3702.85, 3702.86,	16
3702.87, 3702.88, 3702.89, 3702.90, 3702.91, 3702.92, 3702.93,	17
3702.94, and 3702.95 of the Revised Code be enacted to read as	18
follows:	19

Sec. 2305.234.  (A) As used in this section:

20

(1) "Chiropractic claim," "medical claim," and "optometric	21
claim" have the same meanings as in section 2305.113 of the	22
Revised Code.	23

(2) "Dental claim" has the same meaning as in section	24
2305.113 of the Revised Code, except that it does not include any	25
claim arising out of a dental operation or any derivative claim	26
for relief that arises out of a dental operation.	27

(3) "Governmental health care program" has the same meaning	28
as in section 4731.65 of the Revised Code.	29

(4) "Health care professional" means any of the following who	30
provide medical, dental, or other health-related diagnosis, care,	31
or treatment:	32

(a) Physicians authorized under Chapter 4731. of the Revised	33
Code to practice medicine and surgery or osteopathic medicine and	34
surgery;	35

(b) Registered nurses, advanced practice nurses, and licensed	36
practical nurses licensed under Chapter 4723. of the Revised Code;	37

(c) Physician assistants authorized to practice under Chapter	38
4730. of the Revised Code;	39

(d) Dentists and dental hygienists licensed under Chapter	40
4715. of the Revised Code;	41

(e) Physical therapists licensed under Chapter 4755. of the	42
Revised Code;	43

(f) Chiropractors licensed under Chapter 4734. of the Revised	44
Code;	45

(g) Optometrists licensed under Chapter 4725. of the Revised	46
Code;	47

(h) Podiatrists authorized under Chapter 4731. of the Revised	48
Code to practice podiatry;	49

(i) Dietitians licensed under Chapter 4759. of the Revised	50
Code;	51

(j) Pharmacists licensed under Chapter 4729. of the Revised	52
Code;	53

(k) Emergency medical technicians-basic, emergency medical	54
technicians-intermediate, and emergency medical	55
technicians-paramedic, certified under Chapter 4765. of the	56
Revised Code.	57

(5) "Health care worker" means a person other than a health	58
care professional who provides medical, dental, or other	59
health-related care or treatment under the direction of a health	60
care professional with the authority to direct that individual's	61
activities, including medical technicians, medical assistants,	62
dental assistants, orderlies, aides, and individuals acting in	63
similar capacities.	64

(6) "Indigent and uninsured person" means a person who meets	65
all of the following requirements:	66

(a) The person's income is not greater than one hundred fifty	67
per cent of the current poverty line as defined by the United	68
States office of management and budget and revised in accordance	69
with section 673(2) of the "Omnibus Budget Reconciliation Act of	70
1981," 95 Stat. 511, 42 U.S.C. 9902, as amended.	71

(b) The person is not eligible to receive medical assistance	72
under Chapter 5111., disability assistance medical assistance	73
under Chapter 5115. of the Revised Code, or assistance under any	74
other governmental health care program.	75

(c) Either of the following applies:

76

(i) The person is not a policyholder, certificate holder,	77
insured, contract holder, subscriber, enrollee, member,	78
beneficiary, or other covered individual under a health insurance	79
or health care policy, contract, or plan.	80

(ii) The person is a policyholder, certificate holder,	81
insured, contract holder, subscriber, enrollee, member,	82
beneficiary, or other covered individual under a health insurance	83
or health care policy, contract, or plan, but the insurer, policy,	84
contract, or plan denies coverage or is the subject of insolvency	85
or bankruptcy proceedings in any jurisdiction.	86

(7) "Operation" means any procedure that involves cutting or	87
otherwise infiltrating human tissue by mechanical means, including	88
surgery, laser surgery, ionizing radiation, therapeutic	89
ultrasound, or the removal of intraocular foreign bodies.	90
"Operation" does not include the administration of medication by	91
injection, unless the injection is administered in conjunction	92
with a procedure infiltrating human tissue by mechanical means	93
other than the administration of medicine by injection.	94
"Operation" does not include routine dental restorative	95
procedures, the scaling of teeth, or extractions of teeth that are	96
not impacted.	97

(8) "Nonprofit shelter or health care facility" means a	98
charitable nonprofit corporation organized and operated pursuant	99
to Chapter 1702. of the Revised Code, or any charitable	100
organization not organized and not operated for profit, that	101
provides shelter, health care services, or shelter and health care	102
services to indigent and uninsured persons, except that "shelter	103
or health care facility" does not include a hospital as defined in	104
section 3727.01 of the Revised Code, a facility licensed under	105
Chapter 3721. of the Revised Code, or a medical facility that is	106
operated for profit.	107

(9) "Tort action" means a civil action for damages for	108
injury, death, or loss to person or property other than a civil	109
action for damages for a breach of contract or another agreement	110
between persons or government entities.	111

(10) "Volunteer" means an individual who provides any	112
medical, dental, or other health-care related diagnosis, care, or	113
treatment without the expectation of receiving and without receipt	114
of any compensation or other form of remuneration from an indigent	115
and uninsured person, another person on behalf of an indigent and	116
uninsured person, any shelter or health care facility, or any	117
other person or government entity.	118

(B)(1) Subject to divisions (E) and (F)(3) of this section, a	119
health care professional who is a volunteer and complies with	120
division (B)(2) of this section is not liable in damages to any	121
person or government entity in a tort or other civil action,	122
including an action on a medical, dental, chiropractic,	123
optometric, or other health-related claim, for injury, death, or	124
loss to person or property that allegedly arises from an action or	125
omission of the volunteer in the provision at a nonprofit shelter	126
or health care facility to an indigent and uninsured person of	127
medical, dental, or other health-related diagnosis, care, or	128
treatment, including the provision of samples of medicine and	129
other medical products, unless the action or omission constitutes	130
willful or wanton misconduct.	131

(2) To qualify for the immunity described in division (B)(1)	132
of this section, a health care professional shall do all of the	133
following prior to providing diagnosis, care, or treatment:	134

(a) Determine, in good faith, that the indigent and uninsured	135
person is mentally capable of giving informed consent to the	136
provision of the diagnosis, care, or treatment and is not subject	137
to duress or under undue influence;	138

(b) Inform the person of the provisions of this section;

139

(c) Obtain the informed consent of the person and a written	140
waiver, signed by the person or by another individual on behalf of	141
and in the presence of the person, that states that the person is	142
mentally competent to give informed consent and, without being	143
subject to duress or under undue influence, gives informed consent	144
to the provision of the diagnosis, care, or treatment subject to	145
the provisions of this section.	146

(3) A physician or podiatrist who is not covered by medical	147
malpractice insurance, but complies with division (B)(2) of this	148
section, is not required to comply with division (A) of section	149
4731.143 of the Revised Code.	150

(C) Subject to divisions (E) and (F)(3) of this section,	151
health care workers who are volunteers are not liable in damages	152
to any person or government entity in a tort or other civil	153
action, including an action upon a medical, dental, chiropractic,	154
optometric, or other health-related claim, for injury, death, or	155
loss to person or property that allegedly arises from an action or	156
omission of the health care worker in the provision at a nonprofit	157
shelter or health care facility to an indigent and uninsured	158
person of medical, dental, or other health-related diagnosis,	159
care, or treatment, unless the action or omission constitutes	160
willful or wanton misconduct.	161

(D) Subject to divisions (E) and (F)(3) of this section and	162
section 3701.071 of the Revised Code, a nonprofit shelter or	163
health care facility associated with a health care professional	164
described in division (B)(1) of this section or a health care	165
worker described in division (C) of this section is not liable in	166
damages to any person or government entity in a tort or other	167
civil action, including an action on a medical, dental,	168
chiropractic, optometric, or other health-related claim, for	169
injury, death, or loss to person or property that allegedly arises	170
from an action or omission of the health care professional or	171
worker in providing for the shelter or facility medical, dental,	172
or other health-related diagnosis, care, or treatment to an	173
indigent and uninsured person, unless the action or omission	174
constitutes willful or wanton misconduct.	175

(E)(1) Except as provided in division (E)(2) of this section,	176
the immunities provided by divisions (B), (C), and (D) of this	177
section are not available to an individual or to a nonprofit	178
shelter or health care facility if, at the time of an alleged	179
injury, death, or loss to person or property, the individuals	180
involved are providing one of the following:	181

(a) Any medical, dental, or other health-related diagnosis,	182
care, or treatment pursuant to a community service work order	183
entered by a court under division (F) of section 2951.02 of the	184
Revised Code as a condition of probation or other suspension of a	185
term of imprisonment or imposed by a court as a community control	186
sanction pursuant to sections 2929.15 and 2929.17 of the Revised	187
Code.	188

(b) Performance of an operation.

189

(c) Delivery of a baby.

190

(2) Division (E)(1) of this section does not apply to an	191
individual who provides, or a nonprofit shelter or health care	192
facility at which the individual provides, diagnosis, care, or	193
treatment that is necessary to preserve the life of a person in a	194
medical emergency.	195

(F)(1) This section does not create a new cause of action or	196
substantive legal right against a health care professional, health	197
care worker, or nonprofit shelter or health care facility.	198

(2) This section does not affect any immunities from civil	199
liability or defenses established by another section of the	200
Revised Code or available at common law to which an individual or	201
a nonprofit shelter or health care facility may be entitled in	202
connection with the provision of emergency or other diagnosis,	203
care, or treatment.	204

(3) This section does not grant an immunity from tort or	205
other civil liability to an individual or a nonprofit shelter or	206
health care facility for actions that are outside the scope of	207
authority of health care professionals or health care workers.	208

(4) This section does not affect any legal responsibility of	209
a health care professional or health care worker to comply with	210
any applicable law of this state or rule of an agency of this	211
state.	212

(5) This section does not affect any legal responsibility of	213
a nonprofit shelter or health care facility to comply with any	214
applicable law of this state, rule of an agency of this state, or	215
local code, ordinance, or regulation that pertains to or regulates	216
building, housing, air pollution, water pollution, sanitation,	217
health, fire, zoning, or safety.	218

Sec. 3701.262.  (A) As used in this section and section	219
3701.263 of the Revised Code:	220

(1) "Physician" means a person who holds a valid certificate	221
issued under Chapter 4731. of the Revised Code authorizing the	222
person to practice medicine or surgery or osteopathic medicine and	223
surgery.	224

(2) "Dentist" means a person who is licensed under section	225
4715.12 or 4715.15 of the Revised Code to practice dentistry.	226

(3) "Hospital" has the same meaning as in section 3727.01 of	227
the Revised Code.	228

(4) "Cancer" includes those diseases specified by rule of the	229
director of health under division (B)(2) of this section.	230

(B) The director of health shall adopt rules in accordance	231
with Chapter 119. of the Revised Code to do all of the following:	232

(1) Establish the Ohio cancer incidence surveillance system	233
required by section 3701.261 of the Revised Code;	234

(2) Specify the types of cancer and other tumorous and	235
precancerous diseases to be reported to the department of health	236
under division (D) of this section;	237

(3) Establish reporting requirements for information	238
concerning diagnosed cancer cases as the director considers	239
necessary to conduct epidemiologic surveys of cancer in this	240
state;	241

(4) Establish standards that must be met by research projects	242
to be eligible to receive information from the department of	243
health under division (B) of section 3701.263 of the Revised Code.	244

(C) The department of health shall record in the registry all	245
reports of cancer received by it. In the development and	246
administration of the cancer registry the department may use	247
information compiled by public or private cancer registries and	248
may contract for the collection and analysis of, and research	249
related to, the information recorded under this section.	250

(D) Each physician, dentist, hospital, or person providing	251
diagnostic or treatment services to patients with cancer shall	252
report each case of cancer to the department. Any person required	253
to report pursuant to this section may elect to report to the	254
department through an existing cancer registry if the registry	255
meets the reporting standards established by the director and	256
reports to the department.	257

(E) All physicians, dentists, hospitals, or persons providing	258
diagnostic or treatment services to patients with cancer shall	259
grant to the department or its authorized representative access to	260
all records that identify cases of cancer or establish	261
characteristics of cancer, the treatment of cancer, or the medical	262
status of any identified cancer patient.	263

(F) The Arthur G. James and Richard J. Solove research	264
institute of the Ohio state university, shall analyze and evaluate	265
the cancer reports collected pursuant to this section. The	266
department shall publish and make available to the public reports	267
summarizing the information collected. Reports shall be made on a	268
calendar year basis and published not later than ninety days after	269
the end of each calendar year.	270

(G) Furnishing information, including records, reports,	271
statements, notes, memoranda, or other information, to the	272
department of health, either voluntarily or as required by this	273
section, or to a person or governmental entity designated as a	274
medical research project by the department, does not subject a	275
physician, dentist, hospital, or person providing diagnostic or	276
treatment services to patients with cancer to liability in an	277
action for damages or other relief for furnishing the information.	278

(H) This section does not affect the authority of any person	279
or facility providing diagnostic or treatment services to patients	280
with cancer to maintain facility-based tumor registries, in	281
addition to complying with the reporting requirements of this	282
section.	283

(I) No person shall fail to make the cancer reports required	284
by division (D) of this section.	285

Sec. 3702.85.  There is hereby created the dentist loan	286
repayment program, which shall be administered by the department	287
of health in cooperation with the board of regents and the dentist	288
loan repayment advisory board. The program shall provide loan	289
repayment on behalf of individuals who agree to provide dental	290
services in areas designated as dental health resource shortage	291
areas by the director of health pursuant to section 3702.87 of the	292
Revised Code.	293

Under the program, the Ohio board of regents, by means of a	294
contract entered into under section 3702.91 of the Revised Code,	295
may agree to repay all or part of the principal and interest of a	296
government or other educational loan taken by an individual for	297
the following expenses incurred while the individual was enrolled	298
in an accredited dental college or a dental college located	299
outside of the United States that meets the standards of section	300
4715.11 of the Revised Code:	301

(A) Tuition;

302

(B) Other educational expenses, such as fees, books, and	303
laboratory expenses that are for purposes and in amounts	304
determined reasonable by the director of health;	305

(C) Room and board, in an amount determined reasonable by the	306
director of health.	307

Sec. 3702.86.  The director of health, in accordance with	308
Chapter 119. of the Revised Code, shall adopt rules as necessary	309
to implement and administer sections 3702.85 to 3702.95 of the	310
Revised Code. In preparing rules, the director shall consult with	311
the Ohio board of regents and the dentist loan repayment advisory	312
board.	313

Sec. 3702.87.  The director of health shall designate, as	314
dental health resource shortage areas, areas in this state that	315
experience special dental health problems and dentist practice	316
patterns that limit access to dental care. The designations shall	317
be made by rule and may apply to a geographic area, one or more	318
facilities within a particular area, or a population group within	319
a particular area.	320

Sec. 3702.88.  The director of health, by rule, shall	321
establish priorities among dental health resource shortage areas	322
for use in recruiting dentists to sites within particular areas	323
under the dentist loan repayment program. In establishing	324
priorities, the director shall consider the ratio of dentists to	325
the population in the dental health resource shortage area, the	326
distance to dentists outside the area, dental health status	327
indicators of the target population in the area, presence of	328
dental health care provider sites in the area with vacancies for	329
dentists, availability of an eligible candidate interested in	330
being recruited to a particular site within an area, and the	331
distribution of dental health care provider sites in urban and	332
rural regions. The director shall give greatest priority to dental	333
health resource shortage areas having a high ratio of population	334
to dentists.	335

The director, by rule, shall establish priorities for use in	336
determining eligibility among applicants for participation in the	337
dentist loan repayment program. The priorities may include	338
consideration of an applicant's background and career goals, the	339
length of time the applicant is willing to provide dental services	340
in a dental health care resource shortage area, and the amount of	341
the educational expenses for which reimbursement is being sought	342
through the program.	343

Sec. 3702.89.  (A) An individual who has not received	344
national health service corps tuition or student loan repayment	345
assistance and meets one of the following requirements may apply	346
for participation in the dentist loan repayment program:	347

(1) The applicant is a dental student enrolled in the final	348
year of dental college.	349

(2) The applicant is a dental resident in the final year of	350
residency.	351

(3) The applicant has been engaged in the practice of	352
dentistry in this state for not more than three years prior to	353
submitting the application.	354

(B) An application for participation in the dentist loan	355
repayment program shall be submitted to the director of health on	356
a form the director shall prescribe. The following information	357
shall be included or supplied:	358

(1) The applicant's name, permanent address or address at	359
which the applicant is currently residing if different from the	360
permanent address, and telephone number;	361

(2) The dental college the applicant is attending or	362
attended, dates of attendance, and verification of attendance;	363

(3) If the applicant is a dental resident, the facility or	364
institution at which the dental residency is being performed;	365

(4) A summary and verification of the educational expenses	366
for which the applicant seeks reimbursement under the program;	367

(5) If the applicant is a dentist, verification of the	368
applicant's authorization under Chapter 4715. of the Revised Code	369
to practice dentistry and proof of good standing;	370

(6) Verification of the applicant's United States citizenship	371
or status as a legal alien.	372

Sec. 3702.90.  If funds are available in the dentist loan	373
repayment fund created under section 3702.95 of the Revised Code	374
and the general assembly has appropriated the funds for the	375
program, the director of health shall approve an applicant for	376
participation in the program on finding in accordance with the	377
priorities established under section 3702.88 of the Revised Code	378
that the applicant is eligible for participation and is needed in	379
a dental health resource shortage area.	380

On approving an application, the director shall notify and	381
enter into discussions with the applicant. The object of the	382
discussions is to facilitate recruitment of the applicant to a	383
site within a dental health resource shortage area at which,	384
according to the priorities established under section 3702.88 of	385
the Revised Code, the applicant is needed. The director may pay	386
the costs incurred by the applicant and the applicant's spouse for	387
travel, meals, and lodging in making one visit to one dental	388
health resource shortage area. The director may also refer an	389
applicant to the Ohio dental association for assistance in being	390
recruited to a site within a dental health resource shortage area	391
at which the applicant will agree to be placed.	392

If the director and applicant agree on the applicant's	393
placement at a particular site within a dental health resource	394
shortage area, the applicant shall sign and deliver to the	395
director a letter of intent agreeing to that placement.	396

Sec. 3702.91.  (A) An individual who has signed a letter of	397
intent under section 3702.90 of the Revised Code may enter into a	398
contract with the director of health and the Ohio board of regents	399
for participation in the dentist loan repayment program. A lending	400
institution may also be a party to the contract.	401

(B) The contract shall include all of the following	402
obligations:	403

(1) The individual agrees to provide dental services in the	404
dental health resource shortage area identified in the letter of	405
intent for at least one year.	406

(2) When providing dental services in the dental health	407
resource shortage area, the individual agrees to do all of the	408
following:	409

(a) Provide dental services for a minimum of forty hours per	410
week;	411

(b) Provide dental services without regard to a patient's	412
ability to pay;	413

(c) Meet the conditions prescribed by the "Social Security	414
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the	415
department of job and family services for participation in the	416
medicaid program established under Chapter 5111. of the Revised	417
Code and enter into a contract with the department to provide	418
dental services to medicaid recipients.	419

(3) The Ohio board of regents agrees, as provided in section	420
3702.85 of the Revised Code, to repay, so long as the individual	421
performs the service obligation agreed to under division (B)(1) of	422
this section, all or part of the principal and interest of a	423
government or other educational loan taken by the individual for	424
expenses described in section 3702.85 of the Revised Code up to	425
but not exceeding twenty thousand dollars per year of service.	426

(4) The individual agrees to pay the board the following as	427
damages if the individual fails to complete the service obligation	428
agreed to under division (B)(1) of this section:	429

(a) If the failure occurs during the first two years of the	430
service obligation, three times the total amount the board has	431
agreed to repay under division (B)(3) of this section;	432

(b) If the failure occurs after the first two years of the	433
service obligation, three times the amount the board is still	434
obligated to repay under division (B)(3) of this section.	435

(C) The contract may include any other terms agreed upon by	436
the parties, including an assignment to the Ohio board of regents	437
of the individual's duty to pay the principal and interest of a	438
government or other educational loan taken by the individual for	439
expenses described in section 3702.85 of the Revised Code. If the	440
board assumes the individual's duty to pay a loan, the contract	441
shall set forth the total amount of principal and interest to be	442
paid, an amortization schedule, and the amount of each payment to	443
be made under the schedule.	444

(D) Not later than the thirty-first day of January of each	445
year, the Ohio board of regents shall mail to each individual to	446
whom or on whose behalf repayment is made under the dentist loan	447
repayment program a statement showing the amount of principal and	448
interest repaid by the board pursuant to the contract in the	449
preceding year. The statement shall be sent by ordinary mail with	450
address correction and forwarding requested in the manner	451
prescribed by the United States postal service.	452

Sec. 3702.92.  There is hereby created the dentist loan	453
repayment advisory board. The board shall consist of the following	454
members:	455

(A) One member of the house of representatives, appointed by	456
the speaker of the house of representatives;	457

(B) One member of the senate, appointed by the president of	458
the senate;	459

(C) A representative of the board of regents, appointed by	460
the chancellor;	461

(D) The director of health or an employee of the department	462
of health designated by the director;	463

(E) Three representatives of the dental profession, appointed	464
by the governor from persons nominated by the Ohio dental	465
association.	466

The governor shall appoint the dental profession	467
representatives not later than ninety days after the effective	468
date of this section. The terms of all members shall commence	469
ninety-one days after the effective date of this section. Of the	470
initial appointments made by the governor, two shall serve a term	471
of one year and one shall serve a term of two years. The initial	472
appointment made by the speaker of the house of representatives	473
shall be for a term of one year. The initial appointment made by	474
the president of the senate shall be for a term of two years.	475

Vacancies shall be filled in the manner prescribed for the	476
original appointment. A member appointed to fill a vacancy	477
occurring prior to the expiration of the term for which the	478
member's predecessor was appointed shall hold office for the	479
remainder of that term. A member shall continue in office	480
subsequent to the expiration of the member's term until a	481
successor takes office or until sixty days have elapsed, whichever	482
occurs first. No person shall be appointed to the board for more	483
than two consecutive terms. Thereafter, terms of office shall be	484
two years. Each member shall hold office from the date of	485
appointment until the end of the term for which the member was	486
appointed, except that a legislative member ceases to be a member	487
of the board on ceasing to be a member of the general assembly.	488

The governor, speaker, or president may remove a member for	489
whom the governor, speaker, or president was the appointing	490
authority, for misfeasance, malfeasance, or willful neglect of	491
duty.	492

The board shall designate a member to serve as chairperson of	493
the board.	494

The board shall meet at least once annually. The chairperson	495
shall call special meetings as needed or upon the request of six	496
members.	497

Six members of the board constitute a quorum to transact and	498
vote on all business coming before the board.	499

Members of the board shall serve without compensation, but	500
may be reimbursed for reasonable and necessary expenses incurred	501
in the discharge of their duties.	502

The department of health shall provide the board with staff	503
assistance as requested by the board.	504

Sec. 3702.93. The dentist loan repayment advisory board shall	505
determine the amounts that will be paid as loan repayments on	506
behalf of participants in the dentist loan repayment program. No	507
repayment shall exceed twenty thousand dollars in any year, except	508
that if a repayment results in an increase in the participant's	509
federal, state, or local income tax liability, the Ohio board of	510
regents, at the participant's request and with the approval of the	511
director of health, may reimburse the participant for the	512
increased tax liability, regardless of the amount of the repayment	513
in that year. Total repayment on behalf of a participant shall not	514
exceed eighty thousand dollars over the time of participation in	515
the program.	516

Sec. 3702.94.  The dentist loan repayment advisory board,	517
annually on or before the first day of March, shall submit a	518
report to the general assembly describing the operations of the	519
dentist loan repayment program during the previous calendar year.	520
The report shall include information about all of the following:	521

(A) The number of requests received by the director of health	522
that a particular area be designated as a dental health resource	523
shortage area;	524

(B) The areas that have been designated as dental health	525
resource shortage areas and the priorities that have been assigned	526
to them;	527

(C) The number of applicants for participation in the dentist	528
loan repayment program;	529

(D) The number of dentists assigned to dental health resource	530
shortage areas and the payments made on behalf of those dentists	531
under the dentist loan repayment program;	532

(E) The dental health resource shortage areas that have not	533
been matched with all of the dentists they need;	534

(F) The number of dentists failing to complete their service	535
obligations, the amount of damages owed, and the amount of damages	536
collected.	537

Sec. 3702.95.  The director of health may accept gifts of	538
money from any source for the implementation and administration of	539
sections 3702.85 to 3702.93 of the Revised Code. The Ohio board of	541
regents may accept gifts of money from any source for	542
implementation and administration of the dentist loan repayment	543
program under sections 3702.85 and 3702.91 of the Revised Code.	544

The director shall pay all gifts accepted under this section	545
into the state treasury, to the credit of the dental health	546
resource shortage area fund, which is hereby created. The board	547
shall pay all gifts accepted under this section, and damages	548
collected under division (B)(4) of section 3702.91 of the Revised	549
Code, into the state treasury, to the credit of the dentist loan	550
repayment fund, which is hereby created.	551

The director shall use the dental health resource shortage	552
area fund for the implementation and administration of sections	553
3702.85, and 3702.87 to 3702.93 of the Revised Code. The board	554
shall use the dentist loan repayment fund for the implementation	555
and administration of the dentist loan repayment program under	556
sections 3702.85 and 3702.91 of the Revised Code.	557

Sec. 4715.02.  The governor, with the advice and consent of	558
the senate, shall appoint a state dental board consisting of seven	559
fifteen persons, fivenine of whom shall be graduates of a	560
reputable dental college, citizens of the United States, and shall	561
have been in the legal and reputable practice of dentistry in the	562
state at least five years next preceding their appointment; one	563
three of whom shall be a graduategraduates of a reputable school	564
of dental hygiene, a citizencitizens of the United States, and	565
shall have been in the legal and reputable practice of dental	566
hygiene in the state at least five years next preceding the	567
person'stheir appointment; and onethree of whom shall be a	568
member of the public at large who is not associated with or	569
financially interested in the practice of dentistry. Terms	570

Of the nine members who are in the practice of dentistry,	571
there shall be not more than two on the board at any time who are	572
recognized as specialists pursuant to rules adopted by the board.	573
Of the three members who are in the practice of dental hygiene,	574
not more than one may be a person employed as a full-time teacher	575
of dental hygiene students. Representation of the various	576
geographical areas of the state shall be considered in making	577
appointments for members who are in the practice of dentistry and	578
for members who are in the practice of dental hygiene.	579

Terms of office of members who are in the practice of	580
dentistry or dental hygiene shall be for fivethree years,	581
commencing on the seventh day of April and ending on the sixth day	582
of April, except that upon expiration of the term ending April 25,	583
1978, the new term which succeeds it shall commence on April 26,	584
1978 and end on April 6, 1983; upon expiration of the term ending	585
July 23, 1974, the new term which succeeds it shall commence on	586
July 24, 1974 and end on April 6, 1979; and upon expiration of the	587
term ending June 24, 1975, the new term which succeeds it shall	588
commence on June 25, 1975 and end on April 6, 1980. EachTerms of	589
office of the members of the public at large shall be for five	590
years, commencing on the seventh day of April and ending on the	591
sixth day of April.	592

Each member shall hold office from the date of the member's	593
appointment until the end of the term for which the member was	594
appointed. Any member appointed to fill a vacancy occurring prior	595
to the expiration of the term for which the member's predecessor	596
was appointed shall hold office for the remainder of such term.	597
Any member shall continue in office subsequent to the expiration	598
date of the member's term until the member's successor takes	599
office, or until a period of sixty days has elapsed, whichever	600
occurs first. No person so appointed shall serve to exceed two	601
terms. The	602

The Ohio dental association may submit to the governor the	603
names of five nominees for each position to be filled by a dentist	604
and from the names so submitted or from others, at the governor's	605
discretion, the governor shall make such appointments; provided	606
that all such appointees shall possess the required	607
qualifications. The Ohio dental hygienists association, inc., may	608
submit to the governor the names of five nominees for each	609
position to be filled by a dental hygienist and from the names so	610
submitted or from others, at the governor's discretion, the	611
governor shall make such appointments; provided that all such	612
appointees shall possess the required qualifications. No person	613
shall be appointed to the state dental board who is employed by or	614
practices in a corporation holding a certificate of authority	615
under Chapter 1751. of the Revised Code with a person who is a	616
member of the board.	617

No member of the board shall act in any capacity on behalf of	618
any of the following: the central regional dental testing service,	619
inc., northeast regional board of dental examiners, inc., southern	620
regional testing agency, inc., and western regional examining	621
board.	622

Sec. 4715.03.  (A) The state dental board shall organize by	623
the election from its members of a president and a secretary. It	624
shall hold meetings monthly at least eight months a year at such	625
times and places as the board designates. A majority of the	626
members of the board shall constitute a quorum. The board shall	627
make such reasonable rules as it determines necessary pursuant to	628
Chapter 119. of the Revised Code.	629

(B) A concurrence of a majority of the members of the board	630
shall be required to grant, refuse, suspend, place on probationary	631
status, revoke, refuse to renew, or refuse to reinstate a license	632
or censure a license holder.	633

(C) The board shall adopt rules establishing standards for	634
the safe practice of dentistry and dental hygiene by qualified	635
practitioners and shall, through its policies and activities,	636
promote such practice.	637

The board shall adopt rules in accordance with Chapter 119.	638
of the Revised Code establishing universal blood and body fluid	639
precautions that shall be used by each person licensed under this	640
chapter who performs exposure prone invasive procedures. The rules	641
shall define and establish requirements for universal blood and	642
body fluid precautions that include the following:	643

(1) Appropriate use of hand washing;

644

(2) Disinfection and sterilization of equipment;

645

(3) Handling and disposal of needles and other sharp	646
instruments;	647

(4) Wearing and disposal of gloves and other protective	648
garments and devices.	649

(D) The board shall administer and enforce the provisions of	650
this chapter. The board shall investigate evidence which appears	651
to show that any person has violated any provision of this	652
chapter. Any person may report to the board under oath any	653
information such person may have appearing to show a violation of	654
any provision of this chapter. In the absence of bad faith, any	655
person who reports such information or who testifies before the	656
board in any disciplinary proceeding conducted pursuant to Chapter	657
119. of the Revised Code is not liable for civil damages as a	658
result of making the report or providing testimony. If after	659
investigation the board determines that there are reasonable	660
grounds to believe that a violation of this chapter has occurred,	661
the board shall conduct disciplinary proceedings pursuant to	662
Chapter 119. of the Revised Code or provide for a license holder	663
to participate in the quality intervention program established	664
under section 4715.031 of the Revised Code. The board shall not	665
dismiss any complaint or terminate any investigation except by a	666
majority vote of its members. For the purpose of any disciplinary	667
proceeding or any investigation conducted under this division, the	668
board may administer oaths, order the taking of depositions, issue	669
subpoenas, compel the attendance and testimony of persons at	670
depositions and compel the production of books, accounts, papers,	671
documents, or other tangible things. The hearings and	672
investigations of the board shall be considered civil actions for	673
the purposes of section 2305.252 of the Revised Code.	674
Notwithstanding section 121.22 of the Revised Code, proceedings of	675
the board relative to the investigation of a complaint or the	676
determination whether there are reasonable grounds to believe that	677
a violation of this chapter has occurred are confidential and are	678
not subject to discovery in any civil action.	679

(E)(1) The board shall examine or cause to be examined	680
eligible applicants to practice dentistry and dental hygiene. The	681
board may distinguish by rule different classes of qualified	682
personnel according to skill levels and require all or only	683
certain of these classes of qualified personnel to be examined and	684
certified by the board.	685

(2) The board shall administer a written jurisprudence	686
examination to each applicant for a license to practice dentistry.	687
The examination shall cover only the statutes and administrative	688
rules governing the practice of dentistry in this state.	689

(F) In accordance with Chapter 119. of the Revised Code, the	690
board shall adopt, and may amend or rescind, rules establishing	691
the eligibility criteria, the application and permit renewal	692
procedures, and safety standards applicable to a dentist licensed	693
under this chapter who applies for a permit to employ or use	694
conscious intravenous sedation. These rules shall include all of	695
the following:	696

(1) The eligibility requirements and application procedures	697
for an eligible dentist to obtain a conscious intravenous sedation	698
permit;	699

(2) The minimum educational and clinical training standards	700
required of applicants, which shall include satisfactory	701
completion of an advanced cardiac life support course;	702

(3) The facility equipment and inspection requirements;

703

(4) Safety standards;

704

(5) Requirements for reporting adverse occurrences.

705

Sec. 4715.10. (A) As used in this section, "accredited dental	706
college" means a dental college accredited by the commission on	707
dental accreditation or a dental college that has educational	708
standards recognized by the commission on dental accreditation and	709
is approved by the state dental board.	710

(B) Each person who desires to practice dentistry in this	711
state shall file a written application for a license with the	712
secretary of the state dental board. The application shall be on a	713
form prescribed by the board and verified by oath. Each applicant	714
shall furnish satisfactory proof to the board that the applicant	715
has met the requirements of divisions (C) and (D) of this section,	716
and if the applicant is a graduate of an unaccredited dental	717
college located outside the United States, division (E) of this	718
section.	719

(C) To be granted a license to practice dentistry, an	720
applicant must meet all of the following requirements:	721

(1) Be at least eighteen years of age;

722

(2) Be of good moral character;

723

(3) Be a graduate of an accredited dental college or of a	724
dental college located outside the United States that meets the	725
standards adopted under section 4715.11 of the Revised Code;	726

(4) Have passed parts I and II of the examination given by	727
the national board of dental examiners;	728

(5) Have passed a written jurisprudence examination	729
administered by the state dental board under division (E)(2) of	730
section 4715.03 of the Revised Code;	731

(6) Pay the appropriate fee required by division (A) or (B)	732
of section 4715.13 of the Revised Code.	733

(D) To be granted a license to practice dentistry, an	734
applicant must meet any one of the following requirements:	735

(1) Have taken an examination administered by any of the	736
following regional testing agencies and received a passing score	737
as established by that agency: the central regional dental testing	738
service, inc., northeast regional board of dental examiners,	739
inc., the southern regional dental testing agency, inc., and the	740
western regional examining board;	741

(2) Have taken an examination administered by the state	742
dental board and received a passing score as established by the	743
board;	744

(3) Have taken an examination administered by any other state	745
and received a passing score as established by that state;	746

(4) Possess a license in good standing from another state and	747
have actively engaged in the legal and reputable practice of	748
dentistry in another state or in the armed forces of the United	749
States, the United States public health service, or the United	750
States department of veterans' affairs for five years immediately	751
preceding application.	752

(E) To be granted a license to practice dentistry, a graduate	753
of an unaccredited dental college located outside the United	754
States must meet both of the following requirements:	755

(1) Have taken a basic science and laboratory examination	756
consistent with rules adopted under section 4715.11 of the Revised	757
Code and received a passing score as established by the board;	758

(2) Have had sufficient clinical training in an accredited	759
institution to reasonably assure a level of competency equal to	760
that of graduates of accredited dental colleges, as determined by	761
the board.	762

Sec. 4715.11. The state dental board shall adopt rules	763
establishing standards for unaccredited dental colleges located	764
outside the United States that reasonably assure a level of	765
education and training equal to that provided by accredited dental	766
colleges.	767

The board shall adopt rules governing the basic sciences and	768
laboratory examination required by division (E)(1) of section	769
4715.10 of the Revised Code.	770

Sec. 4715.13.  Applicants for licenses to practice dentistry	771
or for a general anesthesia permit or a conscious intravenous	772
sedation permit shall pay to the secretary of the state dental	773
board the following fees:	774

(A) For license by examination as specified in division	775
(D)(1) of section 4715.10 of the Revised Code, one hundred ninety	776
two hundred dollars if issued in an odd-numbered year or three	777
hundred seventeenthirty-seven dollars if issued in an	778
even-numbered year;	779

(B) For license by endorsementcredential as specified in	780
division (D)(2) of section 4715.10 of the Revised Code, one	781
hundred ninetytwo hundred dollars if issued in an odd-numbered	782
year or three hundred seventeenthirty-seven dollars if issued in	783
an even-numbered year;	784

(C) For duplicate license, to be granted upon proof of loss	785
of the original, twenty dollars;	786

(D) For a general anesthesia permit, one hundred twenty-seven	787
dollars;	788

(E) For a conscious intravenous sedation permit, one hundred	789
twenty-seven dollars.	790

The fee in division (A) of this section may be refunded to an	791
applicant who is unavoidably prevented from attending the	792
examination, or the applicant may be examined at the next regular	793
or special meeting of the board without an additional fee.	794

An applicant who fails the first examination may be	795
re-examined at the next regular or special meeting of the board	796
without an additional fee.	797

Twenty dollars of each fee collected under division (A) or	798
(B) of this section for a license issued in an even-numbered year	799
and ten dollars of each fee collected under division (A) or (B) of	800
this section in an odd-numbered year shall be paid to the dentist	801
loan repayment fund established under section 3702.85 of the	802
Revised Code.	803

Sec. 4715.14.  (A) Each person who is licensed to practice	804
dentistry in Ohio shall, on or before the first day of January of	805
each even-numbered year, register with the state dental board. The	806
registration shall be made on a form prescribed by the board and	807
furnished by the secretary, shall include the licensee's name,	808
address, license number, and such other reasonable information as	809
the board may consider necessary, and shall include payment of a	810
biennial registration fee of two hundred twentyforty dollars.	811
ThisExcept as provided in division (D) of this section, this fee	812
shall be paid to the treasurer of state. All such registrations	813
shall be in effect for the two-year period beginning on the first	814
day of January of the even-numbered year and ending on the last	815
day of December of the following odd-numbered year, and shall be	816
renewed in accordance with the standard renewal procedure of	817
sections 4745.01 to 4745.03 of the Revised Code. The failure of a	818
licensee to renew the licensee's registration in accordance with	819
this section shall result in an automatic suspension of the	820
licensee's license to practice dentistry.	821

(B) Any dentist whose license has been suspended under this	822
section may be reinstated by the payment of the biennial	823
registration fee and in addition thereto eighty-one dollars to	824
cover costs of the reinstatement; excepting that to any licensed	825
dentist who desires to temporarily retire from practice, and who	826
has given the board notice in writing to that effect, the board	827
shall grant such a retirement, provided only that at that time all	828
previous registration fees and additional costs of reinstatement	829
have been paid.	830

(C) Each dentist licensed to practice, whether a resident or	831
not, shall notify the secretary in writing of any change in the	832
dentist's office address or employment within ten days after such	833
change has taken place. On the first day of July of every	834
even-numbered year, the secretary shall issue a printed roster of	835
the names and addresses so registered.	836

(D) Twenty dollars of each biennial registration fee shall be	837
paid to the dentist loan repayment fund created under section	838
4715.72 of the Revised Code.	839

Sec. 4715.16.  (A) Upon payment of a fee of ten dollars, the	840
state dental board may without examination issue a limited	841
resident's license to any person who is a graduate of a dental	842
college, is authorized to practice in another state or country or	843
qualified to take the regular licensing examination in this state,	844
and furnishes the board satisfactory proof of having been	845
appointed a dental resident at an accredited dental college in	846
this state or at an accredited program of a hospital in this	847
state, but has not yet been licensed as a dentist by the board.	848
Any person receiving a limited resident's license may practice	849
dentistry only in connection with programs operated by the dental	850
college or hospital at which the person is appointed as a resident	851
as designated on the person's limited resident's license, and only	852
under the direction of a licensed dentist who is a member of the	853
dental staff of the college or hospital or a dentist holding a	854
current limited teaching license issued under division (B) of this	855
section, and only on bona fide patients of such programs. The	856
holder of a limited resident's license may be disciplined by the	857
board pursuant to section 4715.30 of the Revised Code.	858

(B) Upon payment of one hundred one dollars and upon	859
application endorsed by an accredited dental college in this	860
state, the board may without examination issue a limited teaching	861
license to a dentist who is a graduate of a dental college, is	862
authorized to practice dentistry in another state or country, and	863
has full-time appointment to the faculty of the endorsing dental	864
college. A limited teaching license is subject to annual renewal	865
in accordance with the standard renewal procedure of Chapter 4745.	866
of the Revised Code, and automatically expires upon termination of	867
the full-time faculty appointment. A person holding a limited	868
teaching license may practice dentistry only in connection with	869
programs operated by the endorsing dental college. The board may	870
discipline the holder of a limited teaching license pursuant to	871
section 4715.30 of the Revised Code.	872

(C)(1) As used in this division:

873

(a) "Continuing dental education practicum" or "practicum"	874
means a course of instruction, approved by the American dental	875
association, Ohio dental association, or academy of general	876
dentistry, that is designed to improve the clinical skills of a	877
dentist by requiring the dentist to participate in clinical	878
exercises on patients.	879

(b) "Director" means the person responsible for the operation	880
of a practicum.	881

(2) Upon payment of one hundred one dollars and application	882
endorsed by the director of a continuing dental education	883
practicum, the board shall, without examination, issue a temporary	884
limited continuing education license to a resident of a state	885
other than Ohio who is licensed to practice dentistry in such	886
state and is in good standing, is a graduate of an accredited	887
dental college, and is registered to participate in the endorsing	888
practicum. The determination of whether a dentist is in good	889
standing shall be made by the board.	890

A dentist holding a temporary limited continuing education	891
license may practice dentistry only on residents of the state in	892
which the dentist is permanently licensed or on patients referred	893
by a dentist licensed pursuant to section 4715.12 or 4715.15 of	894
the Revised Code to an instructing dentist licensed pursuant to	895
one of those sectionsthat section, and only while participating	896
in a required clinical exercise of the endorsing practicum on the	897
premises of the facility where the practicum is being conducted.	898

Practice under a temporary limited continuing education	899
license shall be under the direct supervision and full	900
professional responsibility of an instructing dentist licensed	901
pursuant to section 4715.12 or 4715.15 of the Revised Code, shall	902
be limited to the performance of those procedures necessary to	903
complete the endorsing practicum, and shall not exceed thirty days	904
of actual patient treatment in any year.	905

(3) A director of a continuing dental education practicum who	906
endorses an application for a temporary limited continuing	907
education license shall, prior to making the endorsement, notify	908
the state dental board in writing of the identity of the sponsors	909
and the faculty of the practicum and the dates and locations at	910
which it will be offered. The notice shall also include a brief	911
description of the course of instruction. The board may prohibit a	912
continuing dental education practicum from endorsing applications	913
for temporary limited continuing education licenses if the board	914
determines that the practicum is engaged in activities that	915
constitute a threat to public health and safety or do not	916
constitute bona fide continuing dental education, or that the	917
practicum permits activities which otherwise violate this chapter.	918
Any continuing dental education practicum prohibited from	919
endorsing applications may request an adjudication pursuant to	920
Chapter 119. of the Revised Code.	921

A temporary limited continuing education license shall be	922
valid only when the dentist is participating in the endorsing	923
continuing dental education practicum and shall expire at the end	924
of one year. If the dentist fails to complete the endorsing	925
practicum in one year, the board may, upon the dentist's	926
application and payment of a fee of seventy-five dollars, renew	927
the temporary limited continuing education license for a	928
consecutive one-year period. Only two renewals may be granted. The	929
holder of a temporary limited continuing education license may be	930
disciplined by the board pursuant to section 4715.30 of the	931
Revised Code.	932

(D) The board shall act either to approve or to deny any	933
application for a limited license pursuant to division (A), (B),	934
or (C) of this section not later than sixty days of the date the	935
board receives the application.	936

Sec. 4715.39.  (A) The state dental board may define the	937
duties that may be performed by dental assistants and other	938
individuals designated by the board as qualified personnel. If	939
defined, the duties shall be defined in rules adopted in	940
accordance with Chapter 119. of the Revised Code. The rules may	941
include training and practice standards for dental assistants and	942
other qualified personnel. The standards may include examination	943
and issuance of a certificate. If the board issues a certificate,	944
the recipient shall display the certificate in a conspicuous	945
location in any office in which the recipient is employed to	946
perform the duties authorized by the certificate.	947

The board's rules may allow a(B) A dental assistant tomay	948
polish the clinical crowns of teeth if all of the following	949
requirements are met:	950

(1) The dental assistant's polishing activities are limited	951
to the use of a rubber cup attached to a slow-speed rotary dental	952
hand piece to remove soft deposits that build up over time on the	953
crowns of teeth.	954

(2) The dentist supervising the assistant supervises not more	955
than two dental assistants engaging in polishing activities at any	956
given time.	957

(3) The dental assistant is certified by the dental assisting	958
national board or the Ohio commission on dental assistant	959
certification.	960

(4) The dental assistant receives a certificate from the	961
board authorizing the assistant to engage in the polishing	962
activities. The board mayshall issue the certificate only if the	963
individual has successfully completed training in the polishing of	964
clinical crowns through a program accredited by the commission on	965
dental accreditation or equivalent training approved by the board.	966
The training shall include courses in basic dental anatomy and	967
infection control, followed by a course in coronal polishing that	968
includes didactic, preclinical, and clinical training; any other	969
training required by the board; and a skills assessment that	970
includes successful completion of standardized testing. The board	971
shall adopt rules pursuant to division (A) of this section	972
establishing standards for approval of this training.	973

(B)(C) Subject to this section and the applicable rules of	974
the board, licensed dentists may assign to dental assistants and	975
other qualified personnel dental procedures that do not require	976
the professional competence or skill of the licensed dentist or	977
dental hygienist as this section or the board by rule authorizes	978
dental assistants and other qualified personnel to perform. The	979
performance of dental procedures by dental assistants and other	980
qualified personnel shall be under direct supervision and full	981
responsibility of the licensed dentist.	982

(C)(D) Nothing in this section shall be construed by rule of	983
the state dental board or otherwise to do the following:	984

(1) Authorize dental assistants or other qualified personnel	985
to engage in the practice of dental hygiene as defined by sections	986
4715.22 and 4715.23 of the Revised Code or to perform the duties	987
of a dental hygienist, including the removal of calcarious	988
deposits or accretions on the crowns and roots of teeth other than	989
as authorized pursuant to this section;	990

(2) Authorize the assignment of any of the following:

991

(a) Diagnosis;

992

(b) Treatment planning and prescription, including	993
prescription for drugs and medicaments or authorization for	994
restorative, prosthodontic, or orthodontic appliances;	995

(c) Surgical procedures on hard or soft tissue of the oral	996
cavity, or any other intraoral procedure that contributes to or	997
results in an irremediable alteration of the oral anatomy;	998

(d) The making of final impressions from which casts are made	999
to construct any dental restoration.	1000

(D)(E) No dentist shall assign any dental assistant or other	1001
individual acting in the capacity of qualified personnel to	1002
perform any dental procedure that the assistant or other	1003
individual is not authorized by this section or by board rule to	1004
perform. No dental assistant or other individual acting in the	1005
capacity of qualified personnel shall perform any dental procedure	1006
other than in accordance with this section and any applicable	1007
board rule or any dental procedure that the assistant or other	1008
individual is not authorized by this section or by board rule to	1009
perform.	1010

Section 2. That existing sections 2305.234, 3701.262,	1011
4715.02, 4715.03, 4715.13, 4715.14, 4715.16, and 4715.39, and	1012
sections        Sec. 4715.10. ,        Sec. 4715.11. , and        Sec. 4715.15.  of the Revised Code are	1013
hereby repealed.	1014

Section 3. That the version of section 2305.234 of the	1015
Revised Code that is scheduled to take effect January 1, 2004, be	1016
amended to read as follows:	1017

Sec. 2305.234.  (A) As used in this section:

1018

(1) "Chiropractic claim," "medical claim," and "optometric	1019
claim" have the same meanings as in section 2305.113 of the	1020
Revised Code.	1021

(2) "Dental claim" has the same meaning as in section	1022
2305.113 of the Revised Code, except that it does not include any	1023
claim arising out of a dental operation or any derivative claim	1024
for relief that arises out of a dental operation.	1025

(3) "Governmental health care program" has the same meaning	1026
as in section 4731.65 of the Revised Code.	1027

(4) "Health care professional" means any of the following who	1028
provide medical, dental, or other health-related diagnosis, care,	1029
or treatment:	1030

(a) Physicians authorized under Chapter 4731. of the Revised	1031
Code to practice medicine and surgery or osteopathic medicine and	1032
surgery;	1033

(b) Registered nurses, advanced practice nurses, and licensed	1034
practical nurses licensed under Chapter 4723. of the Revised Code;	1035

(c) Physician assistants authorized to practice under Chapter	1036
4730. of the Revised Code;	1037

(d) Dentists and dental hygienists licensed under Chapter	1038
4715. of the Revised Code;	1039

(e) Physical therapists licensed under Chapter 4755. of the	1040
Revised Code;	1041

(f) Chiropractors licensed under Chapter 4734. of the Revised	1042
Code;	1043

(g) Optometrists licensed under Chapter 4725. of the Revised	1044
Code;	1045

(h) Podiatrists authorized under Chapter 4731. of the Revised	1046
Code to practice podiatry;	1047

(i) Dietitians licensed under Chapter 4759. of the Revised	1048
Code;	1049

(j) Pharmacists licensed under Chapter 4729. of the Revised	1050
Code;	1051

(k) Emergency medical technicians-basic, emergency medical	1052
technicians-intermediate, and emergency medical	1053
technicians-paramedic, certified under Chapter 4765. of the	1054
Revised Code.	1055

(5) "Health care worker" means a person other than a health	1056
care professional who provides medical, dental, or other	1057
health-related care or treatment under the direction of a health	1058
care professional with the authority to direct that individual's	1059
activities, including medical technicians, medical assistants,	1060
dental assistants, orderlies, aides, and individuals acting in	1061
similar capacities.	1062

(6) "Indigent and uninsured person" means a person who meets	1063
all of the following requirements:	1064

(a) The person's income is not greater than one hundred fifty	1065
per cent of the current poverty line as defined by the United	1066
States office of management and budget and revised in accordance	1067
with section 673(2) of the "Omnibus Budget Reconciliation Act of	1068
1981," 95 Stat. 511, 42 U.S.C. 9902, as amended.	1069

(b) The person is not eligible to receive medical assistance	1070
under Chapter 5111., disability assistance medical assistance	1071
under Chapter 5115. of the Revised Code, or assistance under any	1072
other governmental health care program.	1073

(c) Either of the following applies:

1074

(i) The person is not a policyholder, certificate holder,	1075
insured, contract holder, subscriber, enrollee, member,	1076
beneficiary, or other covered individual under a health insurance	1077
or health care policy, contract, or plan.	1078

(ii) The person is a policyholder, certificate holder,	1079
insured, contract holder, subscriber, enrollee, member,	1080
beneficiary, or other covered individual under a health insurance	1081
or health care policy, contract, or plan, but the insurer, policy,	1082
contract, or plan denies coverage or is the subject of insolvency	1083
or bankruptcy proceedings in any jurisdiction.	1084

(7) "Operation" means any procedure that involves cutting or	1085
otherwise infiltrating human tissue by mechanical means, including	1086
surgery, laser surgery, ionizing radiation, therapeutic	1087
ultrasound, or the removal of intraocular foreign bodies.	1088
"Operation" does not include the administration of medication by	1089
injection, unless the injection is administered in conjunction	1090
with a procedure infiltrating human tissue by mechanical means	1091
other than the administration of medicine by injection.	1092
"Operation" does not include routine dental restorative	1093
procedures, the scaling of teeth, or extractions of teeth that are	1094
not impacted.	1095

(8) "Nonprofit shelter or health care facility" means a	1096
charitable nonprofit corporation organized and operated pursuant	1097
to Chapter 1702. of the Revised Code, or any charitable	1098
organization not organized and not operated for profit, that	1099
provides shelter, health care services, or shelter and health care	1100
services to indigent and uninsured persons, except that "shelter	1101
or health care facility" does not include a hospital as defined in	1102
section 3727.01 of the Revised Code, a facility licensed under	1103
Chapter 3721. of the Revised Code, or a medical facility that is	1104
operated for profit.	1105

(9) "Tort action" means a civil action for damages for	1106
injury, death, or loss to person or property other than a civil	1107
action for damages for a breach of contract or another agreement	1108
between persons or government entities.	1109

(10) "Volunteer" means an individual who provides any	1110
medical, dental, or other health-care related diagnosis, care, or	1111
treatment without the expectation of receiving and without receipt	1112
of any compensation or other form of remuneration from an indigent	1113
and uninsured person, another person on behalf of an indigent and	1114
uninsured person, any shelter or health care facility, or any	1115
other person or government entity.	1116

(11) "Community control sanction" has the same meaning as in	1117
section 2929.01 of the Revised Code.	1118

(B)(1) Subject to divisions (E) and (F)(3) of this section, a	1119
health care professional who is a volunteer and complies with	1120
division (B)(2) of this section is not liable in damages to any	1121
person or government entity in a tort or other civil action,	1122
including an action on a medical, dental, chiropractic,	1123
optometric, or other health-related claim, for injury, death, or	1124
loss to person or property that allegedly arises from an action or	1125
omission of the volunteer in the provision at a nonprofit shelter	1126
or health care facility to an indigent and uninsured person of	1127
medical, dental, or other health-related diagnosis, care, or	1128
treatment, including the provision of samples of medicine and	1129
other medical products, unless the action or omission constitutes	1130
willful or wanton misconduct.	1131

(2) To qualify for the immunity described in division (B)(1)	1132
of this section, a health care professional shall do all of the	1133
following prior to providing diagnosis, care, or treatment:	1134

(a) Determine, in good faith, that the indigent and uninsured	1135
person is mentally capable of giving informed consent to the	1136
provision of the diagnosis, care, or treatment and is not subject	1137
to duress or under undue influence;	1138

(b) Inform the person of the provisions of this section;

1139

(c) Obtain the informed consent of the person and a written	1140
waiver, signed by the person or by another individual on behalf of	1141
and in the presence of the person, that states that the person is	1142
mentally competent to give informed consent and, without being	1143
subject to duress or under undue influence, gives informed consent	1144
to the provision of the diagnosis, care, or treatment subject to	1145
the provisions of this section.	1146

(3) A physician or podiatrist who is not covered by medical	1147
malpractice insurance, but complies with division (B)(2) of this	1148
section, is not required to comply with division (A) of section	1149
4731.143 of the Revised Code.	1150

(C) Subject to divisions (E) and (F)(3) of this section,	1151
health care workers who are volunteers are not liable in damages	1152
to any person or government entity in a tort or other civil	1153
action, including an action upon a medical, dental, chiropractic,	1154
optometric, or other health-related claim, for injury, death, or	1155
loss to person or property that allegedly arises from an action or	1156
omission of the health care worker in the provision at a nonprofit	1157
shelter or health care facility to an indigent and uninsured	1158
person of medical, dental, or other health-related diagnosis,	1159
care, or treatment, unless the action or omission constitutes	1160
willful or wanton misconduct.	1161

(D) Subject to divisions (E) and (F)(3) of this section and	1162
section 3701.071 of the Revised Code, a nonprofit shelter or	1163
health care facility associated with a health care professional	1164
described in division (B)(1) of this section or a health care	1165
worker described in division (C) of this section is not liable in	1166
damages to any person or government entity in a tort or other	1167
civil action, including an action on a medical, dental,	1168
chiropractic, optometric, or other health-related claim, for	1169
injury, death, or loss to person or property that allegedly arises	1170
from an action or omission of the health care professional or	1171
worker in providing for the shelter or facility medical, dental,	1172
or other health-related diagnosis, care, or treatment to an	1173
indigent and uninsured person, unless the action or omission	1174
constitutes willful or wanton misconduct.	1175

(E)(1) Except as provided in division (E)(2) of this section,	1176
the immunities provided by divisions (B), (C), and (D) of this	1177
section are not available to an individual or to a nonprofit	1178
shelter or health care facility if, at the time of an alleged	1179
injury, death, or loss to person or property, the individuals	1180
involved are providing one of the following:	1181

(a) Any medical, dental, or other health-related diagnosis,	1182
care, or treatment pursuant to a community service work order	1183
entered by a court under division (B) of section 2951.02 of the	1184
Revised Code or imposed by a court as a community control	1185
sanction;	1186

(b) Performance of an operation;

1187

(c) Delivery of a baby.

1188

(2) Division (E)(1) of this section does not apply to an	1189
individual who provides, or a nonprofit shelter or health care	1190
facility at which the individual provides, diagnosis, care, or	1191
treatment that is necessary to preserve the life of a person in a	1192
medical emergency.	1193

(F)(1) This section does not create a new cause of action or	1194
substantive legal right against a health care professional, health	1195
care worker, or nonprofit shelter or health care facility.	1196

(2) This section does not affect any immunities from civil	1197
liability or defenses established by another section of the	1198
Revised Code or available at common law to which an individual or	1199
a nonprofit shelter or health care facility may be entitled in	1200
connection with the provision of emergency or other diagnosis,	1201
care, or treatment.	1202

(3) This section does not grant an immunity from tort or	1203
other civil liability to an individual or a nonprofit shelter or	1204
health care facility for actions that are outside the scope of	1205
authority of health care professionals or health care workers.	1206

(4) This section does not affect any legal responsibility of	1207
a health care professional or health care worker to comply with	1208
any applicable law of this state or rule of an agency of this	1209
state.	1210

(5) This section does not affect any legal responsibility of	1211
a nonprofit shelter or health care facility to comply with any	1212
applicable law of this state, rule of an agency of this state, or	1213
local code, ordinance, or regulation that pertains to or regulates	1214
building, housing, air pollution, water pollution, sanitation,	1215
health, fire, zoning, or safety.	1216

Section 4. That the existing version of section 2305.234 of	1217
the Revised Code that is scheduled to take effect January 1, 2004,	1218
is hereby repealed.	1219

Section 5. Sections 3 and 4 of this act shall take effect	1220
January 1, 2004.	1221

Section 6. The eight members added to the State Dental Board	1222
by this act shall be appointed by the Governor in accordance with	1223
section 4715.02 of the Revised Code not later than 90 days after	1224
the effective date of this section. Terms of office of the eight	1225
members added by this act shall commence on the ninetieth day	1226
after the effective date of this section.	1227

Of the four new members who are in the practice of dentistry,	1228
two shall hold office until 2006, and two shall hold office until	1229
2007. Thereafter, members who are in the practice of dentistry	1230
shall be appointed to three-year terms.	1231

Of the two new members who are in the practice of dental	1232
hygiene, one shall hold office until 2006, and one shall hold	1233
office until 2007. Thereafter, members who are in the practice of	1234
dental hygiene shall be appointed to three-year terms.	1235

Of the two new members who are of the public at large, one	1236
shall hold office until 2006, and one shall hold office until	1237
2007. Thereafter, members of the public at large shall be	1238
appointed to five-year terms.	1239

Section 7. Each member of the State Dental Board who is in	1240
office as a board member on the effective date of this section	1241
shall hold office until the end of the five-year term for which	1242
the member was appointed. If a member who is in the practice of	1243
dentistry or dental hygiene is reappointed or the member's	1244
successor takes office, the member who is in the practice of	1245
dentistry or dental hygiene or the member's successor shall hold	1246
office for a three-year term. If the member who is of the public	1247
at large is reappointed or the member's successor take office, the	1248
member of the public at large or the member's successor shall hold	1249
office for a five-year term.	1250

Section 8.  Section 2305.234 of the Revised Code is presented	1251
in Section 3 of this act as a composite of the section as amended	1252
by both Am. Sub. H.B. 490 and Am. Sub. S.B. 281 of the 124th	1253
General Assembly. The General Assembly, applying the principle	1254
stated in division (B) of section 1.52 of the Revised Code that	1255
amendments are to be harmonized if reasonably capable of	1256
simultaneous operation, finds that the composite is the resulting	1257
version of the section in effect prior to the effective date of	1258
the section as presented in Section 3 of this act.	1259