REPRESENTATIVES Schneider, Hollister, Beatty, Cirelli, Barrett, Harwood, S. Smith, Jolivette, Allen, Aslanides, Boccieri, Brown, Carano, Cates, Clancy, Collier, Daniels, DeBose, Distel, Domenick, Driehaus, C. Evans, D. Evans, Fessler, Flowers, Grendell, Hagan, Hartnett, Hughes, Key, Koziura, Latta, McGregor, Niehaus, Olman, Otterman, S. Patton, T. Patton, Peterson, Price, Raga, Schmidt, Seitz, Setzer, G. Smith, D. Stewart, J. Stewart, Wagner, Widowfield, Willamowski, Wilson, Woodard

To amend sections 2305.234, 3701.262, 4715.02,

1

4715.03, 4715.12, 4715.13, 4715.14, 4715.16,

2

4715.23, 4715.24, and 4715.39, to enact new

3

sections 4715.10 and 4715.11 and sections 3702.85

4

to 3702.95, and to repeal sections 4715.10,

5

4715.11, and 4715.15 of the Revised Code to make

6

changes to the State Dental Board, to establish

7

the dentist loan repayment program, to make other

8

changes to the laws governing dentists, dental

9

hygienists, and dental assistants, and to amend

10

the version of section 2305.234 of the Revised

11

Code that is scheduled to take effect January 1,

12

2004, to continue the provisions of this act on

13

and after that effective date.

14

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

Section 1. That sections 2305.234, 3701.262, 4715.02,	15
4715.03, 4715.12, 4715.13, 4715.14, 4715.16, 4715.23, 4715.24, and	16
4715.39 be amended and new sections 4715.10 and 4715.11 and	17
sections 3702.85, 3702.86, 3702.87, 3702.88, 3702.89, 3702.90,	18
3702.91, 3702.92, 3702.93, 3702.94, and 3702.95 of the Revised	19
Code be enacted to read as follows:	20

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

21

(1) "Chiropractic claim," "medical claim," and "optometric	22
claim" have the same meanings as in section 2305.113 of the	23
Revised Code.	24

(2) "Dental claim" has the same meaning as in section	25
2305.113 of the Revised Code, except that it does not include any	26
claim arising out of a dental operation or any derivative claim	27
for relief that arises out of a dental operation.	28

(3) "Governmental health care program" has the same meaning	29
as in section 4731.65 of the Revised Code.	30

(4) "Health care professional" means any of the following who	31
provide medical, dental, or other health-related diagnosis, care,	32
or treatment:	33

(a) Physicians authorized under Chapter 4731. of the Revised	34
Code to practice medicine and surgery or osteopathic medicine and	35
surgery;	36

(b) Registered nurses, advanced practice nurses, and licensed	37
practical nurses licensed under Chapter 4723. of the Revised Code;	38

(c) Physician assistants authorized to practice under Chapter	39
4730. of the Revised Code;	40

(d) Dentists and dental hygienists licensed under Chapter	41
4715. of the Revised Code;	42

(e) Physical therapists licensed under Chapter 4755. of the	43
Revised Code;	44

(f) Chiropractors licensed under Chapter 4734. of the Revised	45
Code;	46

(g) Optometrists licensed under Chapter 4725. of the Revised	47
Code;	48

(h) Podiatrists authorized under Chapter 4731. of the Revised	49
Code to practice podiatry;	50

(i) Dietitians licensed under Chapter 4759. of the Revised	51
Code;	52

(j) Pharmacists licensed under Chapter 4729. of the Revised	53
Code;	54

(k) Emergency medical technicians-basic, emergency medical	55
technicians-intermediate, and emergency medical	56
technicians-paramedic, certified under Chapter 4765. of the	57
Revised Code.	58

(5) "Health care worker" means a person other than a health	59
care professional who provides medical, dental, or other	60
health-related care or treatment under the direction of a health	61
care professional with the authority to direct that individual's	62
activities, including medical technicians, medical assistants,	63
dental assistants, orderlies, aides, and individuals acting in	64
similar capacities.	65

(6) "Indigent and uninsured person" means a person who meets	66
all of the following requirements:	67

(a) The person's income is not greater than one hundred fifty	68
per cent of the current poverty line as defined by the United	69
States office of management and budget and revised in accordance	70
with section 673(2) of the "Omnibus Budget Reconciliation Act of	71
1981," 95 Stat. 511, 42 U.S.C. 9902, as amended.	72

(b) The person is not eligible to receive medical assistance	73
under Chapter 5111., disability assistance medical assistance	74
under Chapter 5115. of the Revised Code, or assistance under any	75
other governmental health care program.	76

(c) Either of the following applies:

77

(i) The person is not a policyholder, certificate holder,	78
insured, contract holder, subscriber, enrollee, member,	79
beneficiary, or other covered individual under a health insurance	80
or health care policy, contract, or plan.	81

(ii) The person is a policyholder, certificate holder,	82
insured, contract holder, subscriber, enrollee, member,	83
beneficiary, or other covered individual under a health insurance	84
or health care policy, contract, or plan, but the insurer, policy,	85
contract, or plan denies coverage or is the subject of insolvency	86
or bankruptcy proceedings in any jurisdiction.	87

(7) "Operation" means any procedure that involves cutting or	88
otherwise infiltrating human tissue by mechanical means, including	89
surgery, laser surgery, ionizing radiation, therapeutic	90
ultrasound, or the removal of intraocular foreign bodies.	91
"Operation" does not include the administration of medication by	92
injection, unless the injection is administered in conjunction	93
with a procedure infiltrating human tissue by mechanical means	94
other than the administration of medicine by injection.	95
"Operation" does not include routine dental restorative	96
procedures, the scaling of teeth, or extractions of teeth that are	97
not impacted.	98

(8) "Nonprofit shelter or health care facility" means a	99
charitable nonprofit corporation organized and operated pursuant	100
to Chapter 1702. of the Revised Code, or any charitable	101
organization not organized and not operated for profit, that	102
provides shelter, health care services, or shelter and health care	103
services to indigent and uninsured persons, except that "shelter	104
or health care facility" does not include a hospital as defined in	105
section 3727.01 of the Revised Code, a facility licensed under	106
Chapter 3721. of the Revised Code, or a medical facility that is	107
operated for profit.	108

(9) "Tort action" means a civil action for damages for	109
injury, death, or loss to person or property other than a civil	110
action for damages for a breach of contract or another agreement	111
between persons or government entities.	112

(10) "Volunteer" means an individual who provides any	113
medical, dental, or other health-care related diagnosis, care, or	114
treatment without the expectation of receiving and without receipt	115
of any compensation or other form of remuneration from an indigent	116
and uninsured person, another person on behalf of an indigent and	117
uninsured person, any shelter or health care facility, or any	118
other person or government entity.	119

(B)(1) Subject to divisions (E) and (F)(3) of this section, a	120
health care professional who is a volunteer and complies with	121
division (B)(2) of this section is not liable in damages to any	122
person or government entity in a tort or other civil action,	123
including an action on a medical, dental, chiropractic,	124
optometric, or other health-related claim, for injury, death, or	125
loss to person or property that allegedly arises from an action or	126
omission of the volunteer in the provision at a nonprofit shelter	127
or health care facility to an indigent and uninsured person of	128
medical, dental, or other health-related diagnosis, care, or	129
treatment, including the provision of samples of medicine and	130
other medical products, unless the action or omission constitutes	131
willful or wanton misconduct.	132

(2) To qualify for the immunity described in division (B)(1)	133
of this section, a health care professional shall do all of the	134
following prior to providing diagnosis, care, or treatment:	135

(a) Determine, in good faith, that the indigent and uninsured	136
person is mentally capable of giving informed consent to the	137
provision of the diagnosis, care, or treatment and is not subject	138
to duress or under undue influence;	139

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

140

(c) Obtain the informed consent of the person and a written	141
waiver, signed by the person or by another individual on behalf of	142
and in the presence of the person, that states that the person is	143
mentally competent to give informed consent and, without being	144
subject to duress or under undue influence, gives informed consent	145
to the provision of the diagnosis, care, or treatment subject to	146
the provisions of this section.	147

(3) A physician or podiatrist who is not covered by medical	148
malpractice insurance, but complies with division (B)(2) of this	149
section, is not required to comply with division (A) of section	150
4731.143 of the Revised Code.	151

(C) Subject to divisions (E) and (F)(3) of this section,	152
health care workers who are volunteers are not liable in damages	153
to any person or government entity in a tort or other civil	154
action, including an action upon a medical, dental, chiropractic,	155
optometric, or other health-related claim, for injury, death, or	156
loss to person or property that allegedly arises from an action or	157
omission of the health care worker in the provision at a nonprofit	158
shelter or health care facility to an indigent and uninsured	159
person of medical, dental, or other health-related diagnosis,	160
care, or treatment, unless the action or omission constitutes	161
willful or wanton misconduct.	162

(D) Subject to divisions (E) and (F)(3) of this section and	163
section 3701.071 of the Revised Code, a nonprofit shelter or	164
health care facility associated with a health care professional	165
described in division (B)(1) of this section or a health care	166
worker described in division (C) of this section is not liable in	167
damages to any person or government entity in a tort or other	168
civil action, including an action on a medical, dental,	169
chiropractic, optometric, or other health-related claim, for	170
injury, death, or loss to person or property that allegedly arises	171
from an action or omission of the health care professional or	172
worker in providing for the shelter or facility medical, dental,	173
or other health-related diagnosis, care, or treatment to an	174
indigent and uninsured person, unless the action or omission	175
constitutes willful or wanton misconduct.	176

(E)(1) Except as provided in division (E)(2) of this section,	177
the immunities provided by divisions (B), (C), and (D) of this	178
section are not available to an individual or to a nonprofit	179
shelter or health care facility if, at the time of an alleged	180
injury, death, or loss to person or property, the individuals	181
involved are providing one of the following:	182

(a) Any medical, dental, or other health-related diagnosis,	183
care, or treatment pursuant to a community service work order	184
entered by a court under division (F) of section 2951.02 of the	185
Revised Code as a condition of probation or other suspension of a	186
term of imprisonment or imposed by a court as a community control	187
sanction pursuant to sections 2929.15 and 2929.17 of the Revised	188
Code.	189

(b) Performance of an operation.

190

(c) Delivery of a baby.

191

(2) Division (E)(1) of this section does not apply to an	192
individual who provides, or a nonprofit shelter or health care	193
facility at which the individual provides, diagnosis, care, or	194
treatment that is necessary to preserve the life of a person in a	195
medical emergency.	196

(F)(1) This section does not create a new cause of action or	197
substantive legal right against a health care professional, health	198
care worker, or nonprofit shelter or health care facility.	199

(2) This section does not affect any immunities from civil	200
liability or defenses established by another section of the	201
Revised Code or available at common law to which an individual or	202
a nonprofit shelter or health care facility may be entitled in	203
connection with the provision of emergency or other diagnosis,	204
care, or treatment.	205

(3) This section does not grant an immunity from tort or	206
other civil liability to an individual or a nonprofit shelter or	207
health care facility for actions that are outside the scope of	208
authority of health care professionals or health care workers.	209

(4) This section does not affect any legal responsibility of	210
a health care professional or health care worker to comply with	211
any applicable law of this state or rule of an agency of this	212
state.	213

(5) This section does not affect any legal responsibility of	214
a nonprofit shelter or health care facility to comply with any	215
applicable law of this state, rule of an agency of this state, or	216
local code, ordinance, or regulation that pertains to or regulates	217
building, housing, air pollution, water pollution, sanitation,	218
health, fire, zoning, or safety.	219

Sec. 3701.262.  (A) As used in this section and section	220
3701.263 of the Revised Code:	221

(1) "Physician" means a person who holds a valid certificate	222
issued under Chapter 4731. of the Revised Code authorizing the	223
person to practice medicine or surgery or osteopathic medicine and	224
surgery.	225

(2) "Dentist" means a person who is licensed under section	226
4715.12 or 4715.15Chapter 4715. of the Revised Code to practice	227
dentistry.	228

(3) "Hospital" has the same meaning as in section 3727.01 of	229
the Revised Code.	230

(4) "Cancer" includes those diseases specified by rule of the	231
director of health under division (B)(2) of this section.	232

(B) The director of health shall adopt rules in accordance	233
with Chapter 119. of the Revised Code to do all of the following:	234

(1) Establish the Ohio cancer incidence surveillance system	235
required by section 3701.261 of the Revised Code;	236

(2) Specify the types of cancer and other tumorous and	237
precancerous diseases to be reported to the department of health	238
under division (D) of this section;	239

(3) Establish reporting requirements for information	240
concerning diagnosed cancer cases as the director considers	241
necessary to conduct epidemiologic surveys of cancer in this	242
state;	243

(4) Establish standards that must be met by research projects	244
to be eligible to receive information from the department of	245
health under division (B) of section 3701.263 of the Revised Code.	246

(C) The department of health shall record in the registry all	247
reports of cancer received by it. In the development and	248
administration of the cancer registry the department may use	249
information compiled by public or private cancer registries and	250
may contract for the collection and analysis of, and research	251
related to, the information recorded under this section.	252

(D) Each physician, dentist, hospital, or person providing	253
diagnostic or treatment services to patients with cancer shall	254
report each case of cancer to the department. Any person required	255
to report pursuant to this section may elect to report to the	256
department through an existing cancer registry if the registry	257
meets the reporting standards established by the director and	258
reports to the department.	259

(E) All physicians, dentists, hospitals, or persons providing	260
diagnostic or treatment services to patients with cancer shall	261
grant to the department or its authorized representative access to	262
all records that identify cases of cancer or establish	263
characteristics of cancer, the treatment of cancer, or the medical	264
status of any identified cancer patient.	265

(F) The Arthur G. James and Richard J. Solove research	266
institute of the Ohio state university, shall analyze and evaluate	267
the cancer reports collected pursuant to this section. The	268
department shall publish and make available to the public reports	269
summarizing the information collected. Reports shall be made on a	270
calendar year basis and published not later than ninety days after	271
the end of each calendar year.	272

(G) Furnishing information, including records, reports,	273
statements, notes, memoranda, or other information, to the	274
department of health, either voluntarily or as required by this	275
section, or to a person or governmental entity designated as a	276
medical research project by the department, does not subject a	277
physician, dentist, hospital, or person providing diagnostic or	278
treatment services to patients with cancer to liability in an	279
action for damages or other relief for furnishing the information.	280

(H) This section does not affect the authority of any person	281
or facility providing diagnostic or treatment services to patients	282
with cancer to maintain facility-based tumor registries, in	283
addition to complying with the reporting requirements of this	284
section.	285

(I) No person shall fail to make the cancer reports required	286
by division (D) of this section.	287

Sec. 3702.85.  There is hereby created the dentist loan	288
repayment program, which shall be administered by the department	289
of health in cooperation with the board of regents and the dentist	290
loan repayment advisory board. The program shall provide loan	291
repayment on behalf of individuals who agree to provide dental	292
services in areas designated as dental health resource shortage	293
areas by the director of health pursuant to section 3702.87 of the	294
Revised Code.	295

Under the program, the Ohio board of regents, by means of a	296
contract entered into under section 3702.91 of the Revised Code,	297
may agree to repay all or part of the principal and interest of a	298
government or other educational loan taken by an individual for	299
the following expenses incurred while the individual was enrolled	300
in an accredited dental college or a dental college located	301
outside of the United States that meets the standards of section	302
4715.11 of the Revised Code:	303

(A) Tuition;

304

(B) Other educational expenses, such as fees, books, and	305
laboratory expenses that are for purposes and in amounts	306
determined reasonable by the director of health;	307

(C) Room and board, in an amount determined reasonable by the	308
director of health.	309

Sec. 3702.86.  The director of health, in accordance with	310
Chapter 119. of the Revised Code, shall adopt rules as necessary	311
to implement and administer sections 3702.85 to 3702.95 of the	312
Revised Code. In preparing rules, the director shall consult with	313
the Ohio board of regents and the dentist loan repayment advisory	314
board.	315

Sec. 3702.87.  The director of health shall designate, as	316
dental health resource shortage areas, areas in this state that	317
experience special dental health problems and dentist practice	318
patterns that limit access to dental care. The designations shall	319
be made by rule and may apply to a geographic area, one or more	320
facilities within a particular area, or a population group within	321
a particular area.	322

Sec. 3702.88.  The director of health, by rule, shall	323
establish priorities among dental health resource shortage areas	324
for use in recruiting dentists to sites within particular areas	325
under the dentist loan repayment program. In establishing	326
priorities, the director shall consider the ratio of dentists to	327
the population in the dental health resource shortage area, the	328
distance to dentists outside the area, dental health status	329
indicators of the target population in the area, presence of	330
dental health care provider sites in the area with vacancies for	331
dentists, availability of an eligible candidate interested in	332
being recruited to a particular site within an area, and the	333
distribution of dental health care provider sites in urban and	334
rural regions. The director shall give greatest priority to dental	335
health resource shortage areas having a high ratio of population	336
to dentists.	337

The director, by rule, shall establish priorities for use in	338
determining eligibility among applicants for participation in the	339
dentist loan repayment program. The priorities may include	340
consideration of an applicant's background and career goals, the	341
length of time the applicant is willing to provide dental services	342
in a dental health care resource shortage area, and the amount of	343
the educational expenses for which reimbursement is being sought	344
through the program.	345

Sec. 3702.89.  (A) An individual who has not received	346
national health service corps tuition or student loan repayment	347
assistance and meets one of the following requirements may apply	348
for participation in the dentist loan repayment program:	349

(1) The applicant is a dental student enrolled in the final	350
year of dental college.	351

(2) The applicant is a dental resident in the final year of	352
residency.	353

(3) The applicant has been engaged in the practice of	354
dentistry in this state for not more than three years prior to	355
submitting the application.	356

(B) An application for participation in the dentist loan	357
repayment program shall be submitted to the director of health on	358
a form the director shall prescribe. The following information	359
shall be included or supplied:	360

(1) The applicant's name, permanent address or address at	361
which the applicant is currently residing if different from the	362
permanent address, and telephone number;	363

(2) The dental college the applicant is attending or	364
attended, dates of attendance, and verification of attendance;	365

(3) If the applicant is a dental resident, the facility or	366
institution at which the dental residency is being performed;	367

(4) A summary and verification of the educational expenses	368
for which the applicant seeks reimbursement under the program;	369

(5) If the applicant is a dentist, verification of the	370
applicant's license issued under Chapter 4715. of the Revised Code	371
to practice dentistry and proof of good standing;	372

(6) Verification of the applicant's United States citizenship	373
or status as a legal alien.	374

Sec. 3702.90.  If funds are available in the dentist loan	375
repayment fund created under section 3702.95 of the Revised Code	376
and the general assembly has appropriated the funds for the	377
program, the director of health shall approve an applicant for	378
participation in the program on finding in accordance with the	379
priorities established under section 3702.88 of the Revised Code	380
that the applicant is eligible for participation and is needed in	381
a dental health resource shortage area.	382

On approving an application, the director shall notify and	383
enter into discussions with the applicant. The object of the	384
discussions is to facilitate recruitment of the applicant to a	385
site within a dental health resource shortage area at which,	386
according to the priorities established under section 3702.88 of	387
the Revised Code, the applicant is needed. The director may pay	388
the costs incurred by the applicant and the applicant's spouse for	389
travel, meals, and lodging in making one visit to one dental	390
health resource shortage area. The director may also refer an	391
applicant to the Ohio dental association for assistance in being	392
recruited to a site within a dental health resource shortage area	393
at which the applicant will agree to be placed.	394

If the director and applicant agree on the applicant's	395
placement at a particular site within a dental health resource	396
shortage area, the applicant shall sign and deliver to the	397
director a letter of intent agreeing to that placement.	398

Sec. 3702.91.  (A) An individual who has signed a letter of	399
intent under section 3702.90 of the Revised Code may enter into a	400
contract with the director of health and the Ohio board of regents	401
for participation in the dentist loan repayment program. A lending	402
institution may also be a party to the contract.	403

(B) The contract shall include all of the following	404
obligations:	405

(1) The individual agrees to provide dental services in the	406
dental health resource shortage area identified in the letter of	407
intent for at least one year.	408

(2) When providing dental services in the dental health	409
resource shortage area, the individual agrees to do all of the	410
following:	411

(a) Provide dental services for a minimum of forty hours per	412
week;	413

(b) Provide dental services without regard to a patient's	414
ability to pay;	415

(c) Meet the conditions prescribed by the "Social Security	416
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the	417
department of job and family services for participation in the	418
medicaid program established under Chapter 5111. of the Revised	419
Code and enter into a contract with the department to provide	420
dental services to medicaid recipients.	421

(3) The Ohio board of regents agrees, as provided in section	422
3702.85 of the Revised Code, to repay, so long as the individual	423
performs the service obligation agreed to under division (B)(1) of	424
this section, all or part of the principal and interest of a	425
government or other educational loan taken by the individual for	426
expenses described in section 3702.85 of the Revised Code up to	427
but not exceeding twenty thousand dollars per year of service.	428

(4) The individual agrees to pay the board the following as	429
damages if the individual fails to complete the service obligation	430
agreed to under division (B)(1) of this section:	431

(a) If the failure occurs during the first two years of the	432
service obligation, three times the total amount the board has	433
agreed to repay under division (B)(3) of this section;	434

(b) If the failure occurs after the first two years of the	435
service obligation, three times the amount the board is still	436
obligated to repay under division (B)(3) of this section.	437

(C) The contract may include any other terms agreed upon by	438
the parties, including an assignment to the Ohio board of regents	439
of the individual's duty to pay the principal and interest of a	440
government or other educational loan taken by the individual for	441
expenses described in section 3702.85 of the Revised Code. If the	442
board assumes the individual's duty to pay a loan, the contract	443
shall set forth the total amount of principal and interest to be	444
paid, an amortization schedule, and the amount of each payment to	445
be made under the schedule.	446

(D) Not later than the thirty-first day of January of each	447
year, the Ohio board of regents shall mail to each individual to	448
whom or on whose behalf repayment is made under the dentist loan	449
repayment program a statement showing the amount of principal and	450
interest repaid by the board pursuant to the contract in the	451
preceding year. The statement shall be sent by ordinary mail with	452
address correction and forwarding requested in the manner	453
prescribed by the United States postal service.	454

Sec. 3702.92.  There is hereby created the dentist loan	455
repayment advisory board. The board shall consist of the following	456
members:	457

(A) One member of the house of representatives, appointed by	458
the speaker of the house of representatives;	459

(B) One member of the senate, appointed by the president of	460
the senate;	461

(C) A representative of the board of regents, appointed by	462
the chancellor;	463

(D) The director of health or an employee of the department	464
of health designated by the director;	465

(E) Three representatives of the dental profession, appointed	466
by the governor from persons nominated by the Ohio dental	467
association.	468

The governor shall appoint the dental profession	469
representatives not later than ninety days after the effective	470
date of this section. The terms of all members shall commence	471
ninety-one days after the effective date of this section. Of the	472
initial appointments made by the governor, two shall serve a term	473
of one year and one shall serve a term of two years. The initial	474
appointment made by the speaker of the house of representatives	475
shall be for a term of one year. The initial appointment made by	476
the president of the senate shall be for a term of two years.	477

Vacancies shall be filled in the manner prescribed for the	478
original appointment. A member appointed to fill a vacancy	479
occurring prior to the expiration of the term for which the	480
member's predecessor was appointed shall hold office for the	481
remainder of that term. A member shall continue in office	482
subsequent to the expiration of the member's term until a	483
successor takes office or until sixty days have elapsed, whichever	484
occurs first. No person shall be appointed to the board for more	485
than two consecutive terms. Thereafter, terms of office shall be	486
two years. Each member shall hold office from the date of	487
appointment until the end of the term for which the member was	488
appointed, except that a legislative member ceases to be a member	489
of the board on ceasing to be a member of the general assembly.	490

The governor, speaker, or president may remove a member for	491
whom the governor, speaker, or president was the appointing	492
authority, for misfeasance, malfeasance, or willful neglect of	493
duty.	494

The board shall designate a member to serve as chairperson of	495
the board.	496

The board shall meet at least once annually. The chairperson	497
shall call special meetings as needed or upon the request of six	498
members.	499

Six members of the board constitute a quorum to transact and	500
vote on all business coming before the board.	501

Members of the board shall serve without compensation, but	502
may be reimbursed for reasonable and necessary expenses incurred	503
in the discharge of their duties.	504

The department of health shall provide the board with staff	505
assistance as requested by the board.	506

Sec. 3702.93. The dentist loan repayment advisory board shall	507
determine the amounts that will be paid as loan repayments on	508
behalf of participants in the dentist loan repayment program. No	509
repayment shall exceed twenty thousand dollars in any year, except	510
that if a repayment results in an increase in the participant's	511
federal, state, or local income tax liability, the Ohio board of	512
regents, at the participant's request and with the approval of the	513
director of health, may reimburse the participant for the	514
increased tax liability, regardless of the amount of the repayment	515
in that year. Total repayment on behalf of a participant shall not	516
exceed eighty thousand dollars over the time of participation in	517
the program.	518

Sec. 3702.94.  The dentist loan repayment advisory board,	519
annually on or before the first day of March, shall submit a	520
report to the general assembly describing the operations of the	521
dentist loan repayment program during the previous calendar year.	522
The report shall include information about all of the following:	523

(A) The number of requests received by the director of health	524
that a particular area be designated as a dental health resource	525
shortage area;	526

(B) The areas that have been designated as dental health	527
resource shortage areas and the priorities that have been assigned	528
to them;	529

(C) The number of applicants for participation in the dentist	530
loan repayment program;	531

(D) The number of dentists assigned to dental health resource	532
shortage areas and the payments made on behalf of those dentists	533
under the dentist loan repayment program;	534

(E) The dental health resource shortage areas that have not	535
been matched with all of the dentists they need;	536

(F) The number of dentists failing to complete their service	537
obligations, the amount of damages owed, and the amount of damages	538
collected.	539

Sec. 3702.95.  The director of health may accept gifts of	540
money from any source for the implementation and administration of	541
sections 3702.85 to 3702.93 of the Revised Code. The Ohio board of	542
regents may accept gifts of money from any source for	543
implementation and administration of the dentist loan repayment	544
program under sections 3702.85 and 3702.91 of the Revised Code.	545

The director shall pay all gifts accepted under this section	546
into the state treasury, to the credit of the dental health	547
resource shortage area fund, which is hereby created. The board	548
shall pay all gifts accepted under this section, and damages	549
collected under division (B)(4) of section 3702.91 of the Revised	550
Code, into the state treasury, to the credit of the dentist loan	551
repayment fund, which is hereby created.	552

The director shall use the dental health resource shortage	553
area fund for the implementation and administration of sections	554
3702.85 and 3702.87 to 3702.93 of the Revised Code. The board	555
shall use the dentist loan repayment fund for the implementation	556
and administration of the dentist loan repayment program under	557
sections 3702.85 and 3702.91 of the Revised Code.	558

Sec. 4715.02.  The governor, with the advice and consent of	559
the senate, shall appoint a state dental board consisting of seven	560
thirteen persons, fivenine of whom shall be graduates of a	561
reputable dental college, citizens of the United States, and shall	562
have been in the legal and reputable practice of dentistry in the	563
state at least five years next preceding their appointment; one	564
three of whom shall be a graduategraduates of a reputable school	565
of dental hygiene, a citizencitizens of the United States, and	566
shall have been in the legal and reputable practice of dental	567
hygiene in the state at least five years next preceding the	568
person'stheir appointment; and one of whom shall be a member of	569
the public at large who is not associated with or financially	570
interested in the practice of dentistry. Terms	571

Of the nine members who are in the practice of dentistry,	572
there shall be not more than two on the board at any time who are	573
recognized as specialists pursuant to rules adopted by the board.	574
Of the three members who are in the practice of dental hygiene,	575
not more than one may be a person employed as a full-time teacher	576
of dental hygiene students. Representation of the various	577
geographical areas of the state shall be considered in making	578
appointments for members who are in the practice of dentistry and	579
for members who are in the practice of dental hygiene.	580

Terms of office shall be for fivefour years, commencing on	581
the seventh day of April and ending on the sixth day of April,	582
except that upon expiration of the term ending April 25, 1978, the	583
new term which succeeds it shall commence on April 26, 1978 and	584
end on April 6, 1983; upon expiration of the term ending July 23,	585
1974, the new term which succeeds it shall commence on July 24,	586
1974 and end on April 6, 1979; and upon expiration of the term	587
ending June 24, 1975, the new term which succeeds it shall	588
commence on June 25, 1975 and end on April 6, 1980. Each member	589
shall hold office from the date of the member's appointment until	590
the end of the term for which the member was appointed. Any member	591
appointed to fill a vacancy occurring prior to the expiration of	592
the term for which the member's predecessor was appointed shall	593
hold office for the remainder of such term. Any member shall	594
continue in office subsequent to the expiration date of the	595
member's term until the member's successor takes office, or until	596
a period of sixty days has elapsed, whichever occurs first. No	597
person so appointed shall serve to exceed two terms. The	598

The Ohio dental association may submit to the governor the	600
names of five nominees for each position to be filled by a dentist	601
and from the names so submitted or from others, at the governor's	602
discretion, the governor shall make such appointments; provided	603
that all such appointees shall possess the required	604
qualifications. The Ohio dental hygienists association, inc., may	605
submit to the governor the names of five nominees for each	606
position to be filled by a dental hygienist and from the names so	607
submitted or from others, at the governor's discretion, the	608
governor shall make such appointments; provided that all such	609
appointees shall possess the required qualifications. No person	610
shall be appointed to the state dental board who is employed by or	611
practices in a corporation holding a certificate of authority	612
under Chapter 1751. of the Revised Code with a person who is a	613
member of the board.	614

No member of the board shall administer to a student in this	615
state or to a graduate of a dental college located in this state	616
an examination on behalf of any of the following: the central	617
regional dental testing service, inc., northeast regional board of	618
dental examiners, inc., southern regional testing agency, inc., or	619
western regional examining board.	620

Sec. 4715.03.  (A) The state dental board shall organize by	621
the election from its members of a president and a secretary. It	622
shall hold meetings monthly at least eight months a year at such	623
times and places as the board designates. A majority of the	624
members of the board shall constitute a quorum. The board shall	625
make such reasonable rules as it determines necessary pursuant to	626
Chapter 119. of the Revised Code.	627

(B) A concurrence of a majority of the members of the board	628
shall be required to grant, refuse, suspend, place on probationary	629
status, revoke, refuse to renew, or refuse to reinstate a license	630
or censure a license holder.	631

(C) The board shall adopt rules establishing standards for	632
the safe practice of dentistry and dental hygiene by qualified	633
practitioners and shall, through its policies and activities,	634
promote such practice.	635

The board shall adopt rules in accordance with Chapter 119.	636
of the Revised Code establishing universal blood and body fluid	637
precautions that shall be used by each person licensed under this	638
chapter who performs exposure prone invasive procedures. The rules	639
shall define and establish requirements for universal blood and	640
body fluid precautions that include the following:	641

(1) Appropriate use of hand washing;

642

(2) Disinfection and sterilization of equipment;

643

(3) Handling and disposal of needles and other sharp	644
instruments;	645

(4) Wearing and disposal of gloves and other protective	646
garments and devices.	647

(D) The board shall administer and enforce the provisions of	648
this chapter. The board shall investigate evidence which appears	649
to show that any person has violated any provision of this	650
chapter. Any person may report to the board under oath any	651
information such person may have appearing to show a violation of	652
any provision of this chapter. In the absence of bad faith, any	653
person who reports such information or who testifies before the	654
board in any disciplinary proceeding conducted pursuant to Chapter	655
119. of the Revised Code is not liable for civil damages as a	656
result of making the report or providing testimony. If after	657
investigation the board determines that there are reasonable	658
grounds to believe that a violation of this chapter has occurred,	659
the board shall conduct disciplinary proceedings pursuant to	660
Chapter 119. of the Revised Code or provide for a license holder	661
to participate in the quality intervention program established	662
under section 4715.031 of the Revised Code. The board shall not	663
dismiss any complaint or terminate any investigation except by a	664
majority vote of its members. For the purpose of any disciplinary	665
proceeding or any investigation conducted under this division, the	666
board may administer oaths, order the taking of depositions, issue	667
subpoenas, compel the attendance and testimony of persons at	668
depositions and compel the production of books, accounts, papers,	669
documents, or other tangible things. The hearings and	670
investigations of the board shall be considered civil actions for	671
the purposes of section 2305.252 of the Revised Code.	672
Notwithstanding section 121.22 of the Revised Code, proceedings of	673
the board relative to the investigation of a complaint or the	674
determination whether there are reasonable grounds to believe that	675
a violation of this chapter has occurred are confidential and are	676
not subject to discovery in any civil action.	677

(E)(1) The board shall examine or cause to be examined	678
eligible applicants to practice dentistry and dental hygiene. The	679
board may distinguish by rule different classes of qualified	680
personnel according to skill levels and require all or only	681
certain of these classes of qualified personnel to be examined and	682
certified by the board.	683

(2) The board shall administer a written jurisprudence	684
examination to each applicant for a license to practice dentistry.	685
The examination shall cover only the statutes and administrative	686
rules governing the practice of dentistry in this state.	687

(F) In accordance with Chapter 119. of the Revised Code, the	688
board shall adopt, and may amend or rescind, rules establishing	689
the eligibility criteria, the application and permit renewal	690
procedures, and safety standards applicable to a dentist licensed	691
under this chapter who applies for a permit to employ or use	692
conscious intravenous sedation. These rules shall include all of	693
the following:	694

(1) The eligibility requirements and application procedures	695
for an eligible dentist to obtain a conscious intravenous sedation	696
permit;	697

(2) The minimum educational and clinical training standards	698
required of applicants, which shall include satisfactory	699
completion of an advanced cardiac life support course;	700

(3) The facility equipment and inspection requirements;

701

(4) Safety standards;

702

(5) Requirements for reporting adverse occurrences.

703

Sec. 4715.10. (A) As used in this section, "accredited dental	704
college" means a dental college accredited by the commission on	705
dental accreditation or a dental college that has educational	706
standards recognized by the commission on dental accreditation and	707
is approved by the state dental board.	708

(B) Each person who desires to practice dentistry in this	709
state shall file a written application for a license with the	710
secretary of the state dental board. The application shall be on a	711
form prescribed by the board and verified by oath. Each applicant	712
shall furnish satisfactory proof to the board that the applicant	713
has met the requirements of divisions (C) and (D) of this section,	714
and if the applicant is a graduate of an unaccredited dental	715
college located outside the United States, division (E) of this	716
section.	717

(C) To be granted a license to practice dentistry, an	718
applicant must meet all of the following requirements:	719

(1) Be at least eighteen years of age;

720

(2) Be of good moral character;

721

(3) Be a graduate of an accredited dental college or of a	722
dental college located outside the United States who meets the	723
standards adopted under section 4715.11 of the Revised Code;	724

(4) Have passed parts I and II of the examination given by	725
the national board of dental examiners;	726

(5) Have passed a written jurisprudence examination	727
administered by the state dental board under division (E)(2) of	728
section 4715.03 of the Revised Code;	729

(6) Pay the fee required by division (A)(1) of section	730
4715.13 of the Revised Code.	731

(D) To be granted a license to practice dentistry, an	732
applicant must meet any one of the following requirements:	733

(1) Have taken an examination administered by any of the	734
following regional testing agencies and received on each component	735
of the examination a passing score as specified in division (A) of	736
section 4715.11 of the Revised Code: the central regional dental	737
testing service, inc., northeast regional board of dental	738
examiners, inc., the southern regional dental testing agency,	739
inc., or the western regional examining board;	740

(2) Have taken an examination administered by the state	741
dental board and received a passing score as established by the	742
board;	743

(3) Possess a license in good standing from another state and	744
have actively engaged in the legal and reputable practice of	745
dentistry in another state or in the armed forces of the United	746
States, the United States public health service, or the United	747
States department of veterans' affairs for five years immediately	748
preceding application.	749

(E) To be granted a license to practice dentistry, a graduate	750
of an unaccredited dental college located outside the United	751
States must meet both of the following requirements:	752

(1) Have taken a basic science and laboratory examination	753
consistent with rules adopted under section 4715.11 of the Revised	754
Code and received a passing score as established by the board;	755

(2) Have had sufficient clinical training in an accredited	756
institution to reasonably assure a level of competency equal to	757
that of graduates of accredited dental colleges, as determined by	758
the board.	759

Sec. 4715.11. In the state dental board's implementation of	760
section 4715.10 of the Revised Code, all of the following apply:	761

(A) For purposes of division (D)(1) of section 4715.10 of the	762
Revised Code, a passing score on a component of an examination	763
administered by a regional testing agency is the score established	764
by the agency as a passing score for the component or, if the	765
agency has not established a passing score for the component, the	766
score established by the board as a passing score for the	767
component. The board shall adopt rules establishing passing scores	768
for examination components as necessary to implement this	769
division.	770

(B) The board shall adopt rules establishing standards that	771
must be met by graduates of unaccredited dental colleges located	772
outside the United States. The standards must reasonably assure	773
that the graduates have received a level of education and training	774
equal to that provided by accredited dental colleges.	775

(C) The board shall adopt rules governing the basic sciences	776
and laboratory examination required by division (E)(1) of section	777
4715.10 of the Revised Code.	778

Sec. 4715.12.  If an applicant passes the examination	779
required by section 4715.114715.10 of the Revised Code, hethe	780
applicant shall receive a license from the state dental board	781
attested by its seal and signed by the president and secretary,	782
which shall be conclusive evidence of histhe applicant's right to	783
practice dentistry. If the loss of a license is satisfactorily	784
shown, a duplicate thereof shall be issued by the board.	785

If an applicant fails the examination required by section	786
4715.114715.10 of the Revised Code, hethe applicant may apply	787
for re-examination at a subsequent regular or special examination	788
meeting of the state dental board. No applicant shall be admitted	789
to more than two examinations without first presenting	790
satisfactory proof that hethe applicant has successfully	791
completed such refresher courses in an accredited dental college	792
as the state dental board may prescribe.	793

Sec. 4715.13. (A) Applicants for licenses to practice	794
dentistry or for a general anesthesia permit or a conscious	795
intravenous sedation permit shall pay to the secretary of the	796
state dental board the following fees:	797

(A)(1) For license by examinationto practice dentistry, one	798
hundred ninetytwo hundred dollars if issued in an odd-numbered	799
year or three hundred seventeenthirty-seven dollars if issued in	800
an even-numbered year;	801

(B) For license by endorsement, one hundred ninety dollars if	802
issued in an odd-numbered year or three hundred seventeen dollars	803
if issued in an even-numbered year;	804

(C)(2) For duplicate license, to be granted upon proof of	805
loss of the original, twenty dollars;	806

(D)(3) For a general anesthesia permit, one hundred	807
twenty-seven dollars;	808

(E)(4) For a conscious intravenous sedation permit, one	809
hundred twenty-seven dollars.	810

(B) Twenty dollars of each fee collected under division	811
(A)(1) of this section for a license issued in an even-numbered	812
year and ten dollars of each fee collected under division (A)(1)	813
of this section in an odd-numbered year shall be paid to the	814
dentist loan repayment fund established under section 3702.95 of	815
the Revised Code.	816

(C) In the case of a person who applies for a license to	817
practice dentistry by taking an examination administered by the	818
state dental board, both of the following apply:	819

(1) The fee in division (A)(1) of this section may be	820
refunded to an applicant who is unavoidably prevented from	821
attending the examination, or the applicant may be examined at the	822
next regular or special meeting of the board without an additional	823
fee.	824

(2) An applicant who fails the first examination may be	825
re-examined at the next regular or special meeting of the board	826
without an additional fee.	827

Sec. 4715.14.  (A) Each person who is licensed to practice	828
dentistry in Ohio shall, on or before the first day of January of	829
each even-numbered year, register with the state dental board. The	830
registration shall be made on a form prescribed by the board and	831
furnished by the secretary, shall include the licensee's name,	832
address, license number, and such other reasonable information as	833
the board may consider necessary, and shall include payment of a	834
biennial registration fee of two hundred twentyforty-five	835
dollars. ThisExcept as provided in division (D) of this section,	836
this fee shall be paid to the treasurer of state. All such	837
registrations shall be in effect for the two-year period beginning	838
on the first day of January of the even-numbered year and ending	839
on the last day of December of the following odd-numbered year,	840
and shall be renewed in accordance with the standard renewal	841
procedure of sections 4745.01 to 4745.03 of the Revised Code. The	842
failure of a licensee to renew the licensee's registration in	843
accordance with this section shall result in an automatic	844
suspension of the licensee's license to practice dentistry.	845

(B) Any dentist whose license has been suspended under this	846
section may be reinstated by the payment of the biennial	847
registration fee and in addition thereto eighty-one dollars to	848
cover costs of the reinstatement; excepting that to any licensed	849
dentist who desires to temporarily retire from practice, and who	850
has given the board notice in writing to that effect, the board	851
shall grant such a retirement, provided only that at that time all	852
previous registration fees and additional costs of reinstatement	853
have been paid.	854

(C) Each dentist licensed to practice, whether a resident or	855
not, shall notify the secretary in writing of any change in the	856
dentist's office address or employment within ten days after such	857
change has taken place. On the first day of July of every	858
even-numbered year, the secretary shall issue a printed roster of	859
the names and addresses so registered.	860

(D) Twenty dollars of each biennial registration fee shall be	861
paid to the dentist loan repayment fund created under section	862
3702.95 of the Revised Code.	863

Sec. 4715.16.  (A) Upon payment of a fee of ten dollars, the	864
state dental board may without examination issue a limited	865
resident's license to any person who is a graduate of a dental	866
college, is authorized to practice in another state or country or	867
qualified to take the regular licensing examination in this state,	868
and furnishes the board satisfactory proof of having been	869
appointed a dental resident at an accredited dental college in	870
this state or at an accredited program of a hospital in this	871
state, but has not yet been licensed as a dentist by the board.	872
Any person receiving a limited resident's license may practice	873
dentistry only in connection with programs operated by the dental	874
college or hospital at which the person is appointed as a resident	875
as designated on the person's limited resident's license, and only	876
under the direction of a licensed dentist who is a member of the	877
dental staff of the college or hospital or a dentist holding a	878
current limited teaching license issued under division (B) of this	879
section, and only on bona fide patients of such programs. The	880
holder of a limited resident's license may be disciplined by the	881
board pursuant to section 4715.30 of the Revised Code.	882

(B) Upon payment of one hundred one dollars and upon	883
application endorsed by an accredited dental college in this	884
state, the board may without examination issue a limited teaching	885
license to a dentist who is a graduate of a dental college, is	886
authorized to practice dentistry in another state or country, and	887
has full-time appointment to the faculty of the endorsing dental	888
college. A limited teaching license is subject to annual renewal	889
in accordance with the standard renewal procedure of Chapter 4745.	890
of the Revised Code, and automatically expires upon termination of	891
the full-time faculty appointment. A person holding a limited	892
teaching license may practice dentistry only in connection with	893
programs operated by the endorsing dental college. The board may	894
discipline the holder of a limited teaching license pursuant to	895
section 4715.30 of the Revised Code.	896

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

897

(a) "Continuing dental education practicum" or "practicum"	898
means a course of instruction, approved by the American dental	899
association, Ohio dental association, or academy of general	900
dentistry, that is designed to improve the clinical skills of a	901
dentist by requiring the dentist to participate in clinical	902
exercises on patients.	903

(b) "Director" means the person responsible for the operation	904
of a practicum.	905

(2) Upon payment of one hundred one dollars and application	906
endorsed by the director of a continuing dental education	907
practicum, the board shall, without examination, issue a temporary	908
limited continuing education license to a resident of a state	909
other than Ohio who is licensed to practice dentistry in such	910
state and is in good standing, is a graduate of an accredited	911
dental college, and is registered to participate in the endorsing	912
practicum. The determination of whether a dentist is in good	913
standing shall be made by the board.	914

A dentist holding a temporary limited continuing education	915
license may practice dentistry only on residents of the state in	916
which the dentist is permanently licensed or on patients referred	917
by a dentist licensed pursuant to section 4715.12 or 4715.15 of	918
the Revised Code to an instructing dentist licensed pursuant to	919
one of those sectionsthat section, and only while participating	920
in a required clinical exercise of the endorsing practicum on the	921
premises of the facility where the practicum is being conducted.	922

Practice under a temporary limited continuing education	923
license shall be under the direct supervision and full	924
professional responsibility of an instructing dentist licensed	925
pursuant to section 4715.12 or 4715.15 of the Revised Code, shall	926
be limited to the performance of those procedures necessary to	927
complete the endorsing practicum, and shall not exceed thirty days	928
of actual patient treatment in any year.	929

(3) A director of a continuing dental education practicum who	930
endorses an application for a temporary limited continuing	931
education license shall, prior to making the endorsement, notify	932
the state dental board in writing of the identity of the sponsors	933
and the faculty of the practicum and the dates and locations at	934
which it will be offered. The notice shall also include a brief	935
description of the course of instruction. The board may prohibit a	936
continuing dental education practicum from endorsing applications	937
for temporary limited continuing education licenses if the board	938
determines that the practicum is engaged in activities that	939
constitute a threat to public health and safety or do not	940
constitute bona fide continuing dental education, or that the	941
practicum permits activities which otherwise violate this chapter.	942
Any continuing dental education practicum prohibited from	943
endorsing applications may request an adjudication pursuant to	944
Chapter 119. of the Revised Code.	945

A temporary limited continuing education license shall be	946
valid only when the dentist is participating in the endorsing	947
continuing dental education practicum and shall expire at the end	948
of one year. If the dentist fails to complete the endorsing	949
practicum in one year, the board may, upon the dentist's	950
application and payment of a fee of seventy-five dollars, renew	951
the temporary limited continuing education license for a	952
consecutive one-year period. Only two renewals may be granted. The	953
holder of a temporary limited continuing education license may be	954
disciplined by the board pursuant to section 4715.30 of the	955
Revised Code.	956

(D) The board shall act either to approve or to deny any	957
application for a limited license pursuant to division (A), (B),	958
or (C) of this section not later than sixty days of the date the	959
board receives the application.	960

Sec. 4715.23.  The practice of a dental hygienist shall	961
consist of those prophylactic, preventive, and other procedures	962
that licensed dentists are authorized by this chapter and rules of	963
the dental board to assign only to licensed dental hygienists or	964
to qualified personnel under section 4715.39 of the Revised Code.	965

Licensed dentists may assign to dental hygienists intraoral	966
tasks that do not require the professional competence or skill of	967
the licensed dentist and that are authorized by board rule. Such	968
performance of intraoral tasks by dental hygienists shall be under	969
supervision and full responsibility of the licensed dentist, and	970
at no time shall more than three dental hygienists be practicing	971
clinical hygiene under the supervision of the same dentist. The	972
foregoing shall not be construed as authorizing the assignment of	973
diagnosis, treatment planning and prescription (including	974
prescriptions for drugs and medicaments or authorizations for	975
restorative, prosthodontic, or orthodontic appliances); or, except	976
when done in conjunction with the removal of calcarious deposits,	977
dental cement, or accretions on the crowns and roots of teeth,	978
surgical procedures on hard and soft tissues within the oral	979
cavity or any other intraoral procedure that contributes to or	980
results in an irremediable alteration of the oral anatomy; or the	981
making of final impressions from which casts are made to construct	982
any dental restoration.	983

The state dental board shall issue rules defining the	984
procedures that may be performed by licensed dental hygienists	985
engaged in school health activities or employed by public	986
agencies.	987

Sec. 4715.24.  (A) Each person who is licensed to practice as	988
a dental hygienist in Ohio shall, on or before the first day of	989
January of each even-numbered year, register with the state dental	990
board. The registration shall be made on a form prescribed by the	991
board and furnished by the secretary, shall include the licensee's	992
name, address, license number, and such other reasonable	993
information as the board may consider necessary, and shall include	994
payment of a biennial registration fee of one hundred onefive	995
dollars. This fee shall be paid to the treasurer of state. All	996
such registrations shall be in effect for the two-year period	997
beginning on the first day of January of each even-numbered year	998
and ending on the last day of December of the following	999
odd-numbered year, and shall be renewed in accordance with the	1000
standard renewal procedure of sections 4745.01 to 4745.03 of the	1001
Revised Code. The failure of a licensee to renew registration in	1002
accordance with this section shall result in the automatic	1003
suspension of the licensee's license to practice as a dental	1004
hygienist.	1005

(B) Any dental hygienist whose license has been suspended	1006
under this section may be reinstated by the payment of the	1007
biennial registration fee and in addition thereto thirty-one	1008
dollars to cover the costs of reinstatement.	1009

(C) The license of a dental hygienist shall be exhibited in a	1010
conspicuous place in the room in which the dental hygienist	1011
practices. Each dental hygienist licensed to practice, whether a	1012
resident or not, shall notify the secretary in writing of any	1013
change in the dental hygienist's office address or employment	1014
within ten days after the change takes place.	1015

Sec. 4715.39.  (A) The state dental board may define the	1016
duties that may be performed by dental assistants and other	1017
individuals designated by the board as qualified personnel. If	1018
defined, the duties shall be defined in rules adopted in	1019
accordance with Chapter 119. of the Revised Code. The rules may	1020
include training and practice standards for dental assistants and	1021
other qualified personnel. The standards may include examination	1022
and issuance of a certificate. If the board issues a certificate,	1023
the recipient shall display the certificate in a conspicuous	1024
location in any office in which the recipient is employed to	1025
perform the duties authorized by the certificate.	1026

The board's rules may allow a(B) A dental assistant tomay	1027
polish the clinical crowns of teeth if all of the following	1028
requirements are met:	1029

(1) The dental assistant's polishing activities are limited	1030
to the use of a rubber cup attached to a slow-speed rotary dental	1031
hand piece to remove soft deposits that build up over time on the	1032
crowns of teeth.	1033

(2) The polishing is performed only after a dentist has	1034
evaluated the patient and any calculus detected on the teeth to be	1035
polished has been removed by a dentist or dental hygienist.	1036

(3) The dentist supervising the assistant supervises not more	1037
than two dental assistants engaging in polishing activities at any	1038
given time.	1039

(3)(4) The dental assistant is certified by the dental	1040
assisting national board or the Ohio commission on dental	1041
assistant certification.	1042

(4)(5) The dental assistant receives a certificate from the	1043
board authorizing the assistant to engage in the polishing	1044
activities. The board mayshall issue the certificate only if the	1045
individual has successfully completed training in the polishing of	1046
clinical crowns through a program accredited by the commission on	1047
dental accreditation or equivalent training approved by the board.	1048
The training shall include courses in basic dental anatomy and	1049
infection control, followed by a course in coronal polishing that	1050
includes didactic, preclinical, and clinical training; any other	1051
training required by the board; and a skills assessment that	1052
includes successful completion of standardized testing. The board	1053
shall adopt rules pursuant to division (A) of this section	1054
establishing standards for approval of this training.	1055

(B)(C) Subject to this section and the applicable rules of	1056
the board, licensed dentists may assign to dental assistants and	1057
other qualified personnel dental procedures that do not require	1058
the professional competence or skill of the licensed dentist or	1059
dental hygienist as this section or the board by rule authorizes	1060
dental assistants and other qualified personnel to perform. The	1061
performance of dental procedures by dental assistants and other	1062
qualified personnel shall be under direct supervision and full	1063
responsibility of the licensed dentist.	1064

(C)(D) Nothing in this section shall be construed by rule of	1065
the state dental board or otherwise to do the following:	1066

(1) Authorize dental assistants or other qualified personnel	1067
to engage in the practice of dental hygiene as defined by sections	1068
4715.22 and 4715.23 of the Revised Code or to perform the duties	1069
of a dental hygienist, including the removal of calcarious	1070
deposits, dental cement, or accretions on the crowns and roots of	1071
teeth other than as authorized pursuant to this section;	1072

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

1073

(a) Diagnosis;

1074

(b) Treatment planning and prescription, including	1075
prescription for drugs and medicaments or authorization for	1076
restorative, prosthodontic, or orthodontic appliances;	1077

(c) Surgical procedures on hard or soft tissue of the oral	1078
cavity, or any other intraoral procedure that contributes to or	1079
results in an irremediable alteration of the oral anatomy;	1080

(d) The making of final impressions from which casts are made	1081
to construct any dental restoration.	1082

(D)(E) No dentist shall assign any dental assistant or other	1083
individual acting in the capacity of qualified personnel to	1084
perform any dental procedure that the assistant or other	1085
individual is not authorized by this section or by board rule to	1086
perform. No dental assistant or other individual acting in the	1087
capacity of qualified personnel shall perform any dental procedure	1088
other than in accordance with this section and any applicable	1089
board rule or any dental procedure that the assistant or other	1090
individual is not authorized by this section or by board rule to	1091
perform.	1092

Section 2. That existing sections 2305.234, 3701.262,	1093
4715.02, 4715.03, 4715.12, 4715.13, 4715.14, 4715.16, 4715.23,	1094
4715.24, and 4715.39 and sections        Sec. 4715.10. ,        Sec. 4715.11. , and        Sec. 4715.15.  of	1095
the Revised Code are hereby repealed.	1096

Section 3. That the version of section 2305.234 of the	1097
Revised Code that is scheduled to take effect January 1, 2004, be	1098
amended to read as follows:	1099

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

1100

(1) "Chiropractic claim," "medical claim," and "optometric	1101
claim" have the same meanings as in section 2305.113 of the	1102
Revised Code.	1103

(2) "Dental claim" has the same meaning as in section	1104
2305.113 of the Revised Code, except that it does not include any	1105
claim arising out of a dental operation or any derivative claim	1106
for relief that arises out of a dental operation.	1107

(3) "Governmental health care program" has the same meaning	1108
as in section 4731.65 of the Revised Code.	1109

(4) "Health care professional" means any of the following who	1110
provide medical, dental, or other health-related diagnosis, care,	1111
or treatment:	1112

(a) Physicians authorized under Chapter 4731. of the Revised	1113
Code to practice medicine and surgery or osteopathic medicine and	1114
surgery;	1115

(b) Registered nurses, advanced practice nurses, and licensed	1116
practical nurses licensed under Chapter 4723. of the Revised Code;	1117

(c) Physician assistants authorized to practice under Chapter	1118
4730. of the Revised Code;	1119

(d) Dentists and dental hygienists licensed under Chapter	1120
4715. of the Revised Code;	1121

(e) Physical therapists licensed under Chapter 4755. of the	1122
Revised Code;	1123

(f) Chiropractors licensed under Chapter 4734. of the Revised	1124
Code;	1125

(g) Optometrists licensed under Chapter 4725. of the Revised	1126
Code;	1127

(h) Podiatrists authorized under Chapter 4731. of the Revised	1128
Code to practice podiatry;	1129

(i) Dietitians licensed under Chapter 4759. of the Revised	1130
Code;	1131

(j) Pharmacists licensed under Chapter 4729. of the Revised	1132
Code;	1133

(k) Emergency medical technicians-basic, emergency medical	1134
technicians-intermediate, and emergency medical	1135
technicians-paramedic, certified under Chapter 4765. of the	1136
Revised Code.	1137

(5) "Health care worker" means a person other than a health	1138
care professional who provides medical, dental, or other	1139
health-related care or treatment under the direction of a health	1140
care professional with the authority to direct that individual's	1141
activities, including medical technicians, medical assistants,	1142
dental assistants, orderlies, aides, and individuals acting in	1143
similar capacities.	1144

(6) "Indigent and uninsured person" means a person who meets	1145
all of the following requirements:	1146

(a) The person's income is not greater than one hundred fifty	1147
per cent of the current poverty line as defined by the United	1148
States office of management and budget and revised in accordance	1149
with section 673(2) of the "Omnibus Budget Reconciliation Act of	1150
1981," 95 Stat. 511, 42 U.S.C. 9902, as amended.	1151

(b) The person is not eligible to receive medical assistance	1152
under Chapter 5111., disability assistance medical assistance	1153
under Chapter 5115. of the Revised Code, or assistance under any	1154
other governmental health care program.	1155

(c) Either of the following applies:

1156

(i) The person is not a policyholder, certificate holder,	1157
insured, contract holder, subscriber, enrollee, member,	1158
beneficiary, or other covered individual under a health insurance	1159
or health care policy, contract, or plan.	1160

(ii) The person is a policyholder, certificate holder,	1161
insured, contract holder, subscriber, enrollee, member,	1162
beneficiary, or other covered individual under a health insurance	1163
or health care policy, contract, or plan, but the insurer, policy,	1164
contract, or plan denies coverage or is the subject of insolvency	1165
or bankruptcy proceedings in any jurisdiction.	1166

(7) "Operation" means any procedure that involves cutting or	1167
otherwise infiltrating human tissue by mechanical means, including	1168
surgery, laser surgery, ionizing radiation, therapeutic	1169
ultrasound, or the removal of intraocular foreign bodies.	1170
"Operation" does not include the administration of medication by	1171
injection, unless the injection is administered in conjunction	1172
with a procedure infiltrating human tissue by mechanical means	1173
other than the administration of medicine by injection.	1174
"Operation" does not include routine dental restorative	1175
procedures, the scaling of teeth, or extractions of teeth that are	1176
not impacted.	1177

(8) "Nonprofit shelter or health care facility" means a	1178
charitable nonprofit corporation organized and operated pursuant	1179
to Chapter 1702. of the Revised Code, or any charitable	1180
organization not organized and not operated for profit, that	1181
provides shelter, health care services, or shelter and health care	1182
services to indigent and uninsured persons, except that "shelter	1183
or health care facility" does not include a hospital as defined in	1184
section 3727.01 of the Revised Code, a facility licensed under	1185
Chapter 3721. of the Revised Code, or a medical facility that is	1186
operated for profit.	1187

(9) "Tort action" means a civil action for damages for	1188
injury, death, or loss to person or property other than a civil	1189
action for damages for a breach of contract or another agreement	1190
between persons or government entities.	1191

(10) "Volunteer" means an individual who provides any	1192
medical, dental, or other health-care related diagnosis, care, or	1193
treatment without the expectation of receiving and without receipt	1194
of any compensation or other form of remuneration from an indigent	1195
and uninsured person, another person on behalf of an indigent and	1196
uninsured person, any shelter or health care facility, or any	1197
other person or government entity.	1198

(11) "Community control sanction" has the same meaning as in	1199
section 2929.01 of the Revised Code.	1200

(B)(1) Subject to divisions (E) and (F)(3) of this section, a	1201
health care professional who is a volunteer and complies with	1202
division (B)(2) of this section is not liable in damages to any	1203
person or government entity in a tort or other civil action,	1204
including an action on a medical, dental, chiropractic,	1205
optometric, or other health-related claim, for injury, death, or	1206
loss to person or property that allegedly arises from an action or	1207
omission of the volunteer in the provision at a nonprofit shelter	1208
or health care facility to an indigent and uninsured person of	1209
medical, dental, or other health-related diagnosis, care, or	1210
treatment, including the provision of samples of medicine and	1211
other medical products, unless the action or omission constitutes	1212
willful or wanton misconduct.	1213

(2) To qualify for the immunity described in division (B)(1)	1214
of this section, a health care professional shall do all of the	1215
following prior to providing diagnosis, care, or treatment:	1216

(a) Determine, in good faith, that the indigent and uninsured	1217
person is mentally capable of giving informed consent to the	1218
provision of the diagnosis, care, or treatment and is not subject	1219
to duress or under undue influence;	1220

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

1221

(c) Obtain the informed consent of the person and a written	1222
waiver, signed by the person or by another individual on behalf of	1223
and in the presence of the person, that states that the person is	1224
mentally competent to give informed consent and, without being	1225
subject to duress or under undue influence, gives informed consent	1226
to the provision of the diagnosis, care, or treatment subject to	1227
the provisions of this section.	1228

(3) A physician or podiatrist who is not covered by medical	1229
malpractice insurance, but complies with division (B)(2) of this	1230
section, is not required to comply with division (A) of section	1231
4731.143 of the Revised Code.	1232

(C) Subject to divisions (E) and (F)(3) of this section,	1233
health care workers who are volunteers are not liable in damages	1234
to any person or government entity in a tort or other civil	1235
action, including an action upon a medical, dental, chiropractic,	1236
optometric, or other health-related claim, for injury, death, or	1237
loss to person or property that allegedly arises from an action or	1238
omission of the health care worker in the provision at a nonprofit	1239
shelter or health care facility to an indigent and uninsured	1240
person of medical, dental, or other health-related diagnosis,	1241
care, or treatment, unless the action or omission constitutes	1242
willful or wanton misconduct.	1243

(D) Subject to divisions (E) and (F)(3) of this section and	1244
section 3701.071 of the Revised Code, a nonprofit shelter or	1245
health care facility associated with a health care professional	1246
described in division (B)(1) of this section or a health care	1247
worker described in division (C) of this section is not liable in	1248
damages to any person or government entity in a tort or other	1249
civil action, including an action on a medical, dental,	1250
chiropractic, optometric, or other health-related claim, for	1251
injury, death, or loss to person or property that allegedly arises	1252
from an action or omission of the health care professional or	1253
worker in providing for the shelter or facility medical, dental,	1254
or other health-related diagnosis, care, or treatment to an	1255
indigent and uninsured person, unless the action or omission	1256
constitutes willful or wanton misconduct.	1257

(E)(1) Except as provided in division (E)(2) of this section,	1258
the immunities provided by divisions (B), (C), and (D) of this	1259
section are not available to an individual or to a nonprofit	1260
shelter or health care facility if, at the time of an alleged	1261
injury, death, or loss to person or property, the individuals	1262
involved are providing one of the following:	1263

(a) Any medical, dental, or other health-related diagnosis,	1264
care, or treatment pursuant to a community service work order	1265
entered by a court under division (B) of section 2951.02 of the	1266
Revised Code or imposed by a court as a community control	1267
sanction;	1268

(b) Performance of an operation;

1269

(c) Delivery of a baby.

1270

(2) Division (E)(1) of this section does not apply to an	1271
individual who provides, or a nonprofit shelter or health care	1272
facility at which the individual provides, diagnosis, care, or	1273
treatment that is necessary to preserve the life of a person in a	1274
medical emergency.	1275

(F)(1) This section does not create a new cause of action or	1276
substantive legal right against a health care professional, health	1277
care worker, or nonprofit shelter or health care facility.	1278

(2) This section does not affect any immunities from civil	1279
liability or defenses established by another section of the	1280
Revised Code or available at common law to which an individual or	1281
a nonprofit shelter or health care facility may be entitled in	1282
connection with the provision of emergency or other diagnosis,	1283
care, or treatment.	1284

(3) This section does not grant an immunity from tort or	1285
other civil liability to an individual or a nonprofit shelter or	1286
health care facility for actions that are outside the scope of	1287
authority of health care professionals or health care workers.	1288

(4) This section does not affect any legal responsibility of	1289
a health care professional or health care worker to comply with	1290
any applicable law of this state or rule of an agency of this	1291
state.	1292

(5) This section does not affect any legal responsibility of	1293
a nonprofit shelter or health care facility to comply with any	1294
applicable law of this state, rule of an agency of this state, or	1295
local code, ordinance, or regulation that pertains to or regulates	1296
building, housing, air pollution, water pollution, sanitation,	1297
health, fire, zoning, or safety.	1298

Section 4. That the existing version of section 2305.234 of	1299
the Revised Code that is scheduled to take effect January 1, 2004,	1300
is hereby repealed.	1301

Section 5. Sections 3 and 4 of this act shall take effect	1302
January 1, 2004.	1303

Section 6. The six members added to the State Dental Board by	1304
this act shall be appointed by the Governor in accordance with	1305
section 4715.02 of the Revised Code not later than 90 days after	1306
the effective date of this section. Notwithstanding the provision	1307
of section 4715.02 of the Revised Code that terms of office	1308
commence on the seventh day of April, terms of office of the	1309
members added by this act shall commence on the ninetieth day	1310
after the effective date of this section.	1311

Of the four new members who are in the practice of dentistry,	1312
two shall hold office until April 6, 2006, and two shall hold	1313
office until April 6, 2007. Of the two new members who are in the	1314
practice of dental hygiene, one shall hold office until April 6,	1315
2006, and the other shall hold office until April 6, 2007. After	1316
these terms of office, members of the board shall be appointed to	1317
four-year terms.	1318

Section 7. Each member of the State Dental Board who is in	1319
office as a board member on the effective date of this section	1320
shall hold office until the end of the five-year term for which	1321
the member was appointed. If a member is reappointed or the	1322
member's successor takes office, the member or the member's	1323
successor shall hold office for a four-year term.	1324

Section 8.  Section 2305.234 of the Revised Code is presented	1325
in Section 3 of this act as a composite of the section as amended	1326
by both Am. Sub. H.B. 490 and Am. Sub. S.B. 281 of the 124th	1327
General Assembly. The General Assembly, applying the principle	1328
stated in division (B) of section 1.52 of the Revised Code that	1329
amendments are to be harmonized if reasonably capable of	1330
simultaneous operation, finds that the composite is the resulting	1331
version of the section in effect prior to the effective date of	1332
the section as presented in Section 3 of this act.	1333