As Passed by the House

125th General Assembly Regular Session 2003-2004

Am. Sub. S. B. No. 80

Senators Stivers, Hottinger, Goodman, Wachtmann, Amstutz, Randy Gardner, Austria, Nein, Schuring, Armbruster, Coughlin, Carey, Harris, Mumper, Schuler 

Representatives Buehrer, Calvert, Carmichael, Cates, Clancy, Collier, D. Evans, Faber, Flowers, Gibbs, Gilb, Hagan, Hoops, Martin, Raga, Reidelbach, Schaffer, Schmidt, Schneider, Setzer, G. Smith, Taylor, Trakas, Wagner, Webster, White, Widener, Widowfield, Wolpert 

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A BILL

To amend sections 1533.18, 1701.76, 1701.82, 1775.14,

1

2117.06, 2125.02, 2125.04, 2305.01, 2305.03,

2

2305.10, 2305.113, 2305.234, 2305.25, 2307.011,

3

2307.23, 2307.29, 2307.60, 2307.71, 2307.75,

4

2307.80, 2315.01, 2315.21, 2315.32, 2315.33,

5

2315.34, 2315.36, 2323.51, 2505.02, 3719.81,

6

4507.07 4513.263, 4713.02, 4715.42, 4723.01,

7

4723.03, 4723.28, 4723.43, 4723.44, 4723.48,

8

4723.482, 4729.01, and 4731.22; to enact sections

9

901.52, 1519.07, 2305.131, 2305.36, 2307.711,

10

2307.97, 2315.18, 2315.19, 2315.20, and 2323.44;

11

and to repeal sections 2315.41, 2315.42, 2315.43,

12

2315.44, 2315.45, and 2315.46 of the Revised Code

13

to make changes related to the award of certain

14

damages, collateral benefits evidence, and

15

contributory fault in tort actions; to establish a

16

statute of repose for certain product liability

17

claims and claims based on unsafe conditions of

18

real property improvements and to make other

19

changes related to product liability claims; to

20

provide that the product liability statutes are

21

intended to abrogate common law product liability

22

causes of action; to enact a conflicts of law

23

provision for statutes of limitation in civil

24

actions; to modify the provisions on frivolous

25

conduct in filing civil actions; to make other

26

changes related to civil actions; to provide

27

qualified immunity from civil damages for food

28

manufacturers, sellers, and trade associations for

29

claims resulting from a person's cumulative

30

consumption, obesity, or weight gain or any health

31

condition related to cumulative consumption,

32

obesity, or weight gain; to prohibit imputing any

33

assurances or assumption of liability regarding

34

public access to premises used for growing

35

agricultural produce; to preclude assumption of

36

liability regarding the use of recreational

37

trails; to modify the civil immunity for health

38

care professionals and health care workers; to

39

specify the nurses who may refer to themselves as

40

advanced practice nurses; to eliminate obsolete

41

references to pilot programs for advanced practice

42

nurses; to establish limitations on successor

43

asbestos-related liabilities relating to

44

corporations; and to require the State Dental

45

Board to issue volunteer certificates to retired

46

dental practitioners upon submission of a complete

47

application.

48

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

Section 1. That sections 1533.18, 1701.76, 1701.82, 1775.14,	49
2117.06, 2125.02, 2125.04, 2305.01, 2305.03, 2305.10, 2305.113,	50
2305.234, 2305.25, 2307.011, 2307.23, 2307.29, 2307.60, 2307.71,	51
2307.75, 2307.80, 2315.01, 2315.21, 2315.32, 2315.33, 2315.34,	52
2315.36, 2323.51, 2505.02, 3719.81, 4507.07, 4513.263, 4713.02,	53
4715.42, 4723.01, 4723.03, 4723.28, 4723.43, 4723.44, 4723.48,	54
4723.482, 4729.01, and 4731.22 be amended and sections 901.52,	55
1519.07, 2305.131, 2305.36, 2307.711, 2307.97, 2315.18, 2315.19,	56
2315.20, and 2323.44 of the Revised Code be enacted to read as	57
follows:	58

Sec. 901.52. (A) As used in this section, "tort action" has	59
the same meaning as in section 2305.35 of the Revised Code.	60

(B) In a tort action, in the absence of willful or wanton	61
misconduct or intentionally tortious conduct, no owner, lessee,	62
renter, or operator of premises that are open to the public for	63
direct access to growing agricultural produce shall be imputed to	64
do either of the following:	65

(1) Extend any assurance to a person that the premises are	66
safe from naturally occurring hazards merely by the act of giving	67
permission to the person to enter the premises or by receiving	68
consideration for the produce picked by the person;	69

(2) Assume responsibility or liability for injury, death, or	70
loss to person or property allegedly resulting from the natural	71
condition of the terrain of the premises or from the condition of	72
the terrain resulting from cultivation of soil.	73

Sec. 1519.07.  (A) As used in this section:

74

(1) "Intentional tort" means an injury to person or property	75
that the tortfeasor intentionally caused, to which the tortfeasor	76
intentionally contributed, or that the tortfeasor knew or believed	77
was substantially certain to result from the tortfeasor's conduct.	78

(2) "Premises" means a parcel of land together with any	79
waters, buildings, or structures on it that is privately owned and	80
that is directly adjacent to a recreational trail.	81

(3) "Recreational trail" means a public trail that is used	82
for hiking, bicycling, horseback riding, ski touring, canoeing, or	83
other nonmotorized forms of recreational travel and that	84
interconnects state parks, forests, wildlife areas, nature	85
preserves, scenic rivers, or other places of scenic or historic	86
interest.	87

(4) "User of a recreational trail" means a person who, in the	88
course of using a recreational trail, enters on premises without	89
first obtaining express permission to be there from the owner,	90
lessee, or occupant of the premises.	91

(B)(1) An owner, lessee, or occupant of premises does not owe	92
any duty to a user of a recreational trail to keep the premises	93
safe for entry or use by a user of a recreational trail.	94

(2) An owner, lessee, or occupant of premises does not	95
assume, has no responsibility for, does not incur liability for,	96
and is not liable for any injury to person or property caused by	97
any act of a user of a recreational trail.	98

(C) This section does not apply to intentional torts.

99

Sec. 1533.18.  As used in sections 1533.18 and 1533.181 of	100
the Revised Code:	101

(A) "Premises" means all privately-owned lands, ways, and	102
waters, and any buildings and structures thereon, and all	103
privately owned and state-owned lands, ways, and waters leased to	104
a private person, firm, or organization, including any buildings	105
and structures thereon.	106

(B) "Recreational user" means a person to whom permission has	107
been granted, without the payment of a fee or consideration to the	108
owner, lessee, or occupant of premises, other than a fee or	109
consideration paid to the state or any agency of the state, or a	110
lease payment or fee paid to the owner of privately owned lands,	111
to enter upon premises to hunt, fish, trap, camp, hike, swim,	112
operate a snowmobile or all-purpose vehicle, or engage in other	113
recreational pursuits.	114

(C) "All-purpose vehicle" has the same meaning as in section	115
4519.01 of the Revised Code.	116

Sec. 1701.76.  (A)(1) Provided the provisions of Chapter	117
1704. of the Revised Code do not prevent the transaction from	118
being effected, a lease, sale, exchange, transfer, or other	119
disposition of all, or substantially all, of the assets, with or	120
without the good will, of a corporation, if not made in the usual	121
and regular course of its business, may be made upon suchthe	122
terms and conditions and for suchthe consideration, whichthat	123
may consist, in whole or in part, of money or other property of	124
any description, including shares or other securities or	125
promissory obligations of any other corporation, domestic or	126
foreign, asthat may be authorized as follows:	127

(a) By the directors, either before or after authorization by	128
the shareholders as required in this section; and	129

(b) At a meeting of the shareholders held for suchthat	130
purpose, by the affirmative vote of the holders of shares	131
entitling them to exercise two-thirds of the voting power of the	132
corporation on suchthe proposal, or, if the articles so provide	133
or permit, by the affirmative vote of a greater or lesser	134
proportion, but not less than a majority, of suchthe voting	135
power, and by suchthe affirmative vote of the holders of shares	136
of any particular class asthat is required by the articles.	137

(2) At the shareholder meeting described in division	138
(A)(1)(b) of this section or at any subsequent shareholder	139
meeting, shareholders, by the same vote that is required to	140
authorize the lease, sale, exchange, transfer, or other	141
disposition of all, or substantially all, of the assets, with or	142
without the good will, of the corporation, may grant authority to	143
the directors to establish or amend any of the terms and	144
conditions of the transaction, except that the shareholders shall	145
not authorize the directors to do any of the following:	146

(a) Alter or change the amount or kind of shares, securities,	147
money, property, or rights to be received in exchange for the	148
assets;	149

(b) Alter or change to any material extent the amount or kind	150
of liabilities to be assumed in exchange for the assets;	151

(c) Alter or change any other terms and conditions of the	152
transaction if any of the alterations or changes, alone or in the	153
aggregate, would materially adversely affect the shareholders or	154
the corporation.	155

(3) Notice of the meeting of the shareholders described in	156
division (A)(1)(b) of this section shall be given to all	157
shareholders whether or not entitled to vote at the meeting and	158
shall be accompanied by a copy or summary of the terms of the	159
transaction.	160

(B) The corporation by its directors may abandon suchthe	161
transaction under this section, subject to the contract rights of	162
other persons, if the power of abandonment is conferred upon the	163
directors either by the terms of the transaction or by the same	164
vote of shareholders and at the same meeting of shareholders as	165
that referred to in division (A)(1)(b) of this section or at any	166
subsequent meeting.	167

(C) Dissenting holders of shares of any class, whether or not	168
entitled to vote, shall be entitled to relief under section	169
1701.85 of the Revised Code.	170

(D) An action to set aside a conveyance by a corporation, on	171
the ground that any section of the Revised Code applicable to the	172
lease, sale, exchange, transfer, or other disposition of all, or	173
substantially all, of the assets of suchthat corporation has not	174
been complied with, shall be brought within ninety days after such	175
that transaction, or suchthe action shall be forever barred.	176

(E) If a resolution of dissolution is adopted pursuant to	177
section 1701.86 of the Revised Code, the directors may dispose of	178
all, or substantially all, of the corporation's assets without the	179
necessity of a shareholders' authorization under this section.	180

(F) The terms and conditions of any transaction under this	181
section shall be subject to the limitations specified in section	182
2307.97 of the Revised Code.	183

Sec. 1701.82.  (A) When a merger or consolidation becomes	184
effective, all of the following apply:	185

(1) The separate existence of each constituent entity other	186
than the surviving entity in a merger shall cease, except that	187
whenever a conveyance, assignment, transfer, deed, or other	188
instrument or act is necessary to vest property or rights in the	189
surviving or new entity, the officers, general partners, or other	190
authorized representatives of the respective constituent entities	191
shall execute, acknowledge, and deliver suchthose instruments and	192
do suchthose acts. For these purposes, the existence of the	193
constituent entities and the authority of their respective	194
officers, directors, general partners, or other authorized	195
representatives is continued notwithstanding the merger or	196
consolidation.	197

(2) In the case of a consolidation, the new entity exists	198
when the consolidation becomes effective and, if it is a domestic	199
corporation, the articles contained in or provided for in the	200
agreement of consolidation shall be its original articles. In the	201
case of a merger in which the surviving entity is a domestic	202
corporation, the articles of the domestic surviving corporation in	203
effect immediately prior to the time the merger becomes effective	204
shall continue as its articles after the merger except as	205
otherwise provided in the agreement of merger.	206

(3) The surviving or new entity possesses all assets and	207
property of every description, and every interest in the assets	208
and property, wherever located, and the rights, privileges,	209
immunities, powers, franchises, and authority, of a public as well	210
as of a private nature, of each constituent entity, and, subject	211
to the limitations specified in section 2307.97 of the Revised	212
Code, all obligations belonging to or due to each constituent	213
entity, all of which are vested in the surviving or new entity	214
without further act or deed. Title to any real estate or any	215
interest in the real estate vested in any constituent entity shall	216
not revert or in any way be impaired by reason of such merger or	217
consolidation.	218

(4) TheSubject to the limitations specified in section	219
2307.97 of the Revised Code, the surviving or new entity is liable	220
for all the obligations of each constituent entity, including	221
liability to dissenting shareholders. Any claim existing or any	222
action or proceeding pending by or against any constituent entity	223
may be prosecuted to judgment, with right of appeal, as if the	224
merger or consolidation had not taken place, or the surviving or	225
new entity may be substituted in its place.	226

(5) AllSubject to the limitations specified in section	227
2307.97 of the Revised Code, all the rights of creditors of each	228
constituent entity are preserved unimpaired, and all liens upon	229
the property of any constituent entity are preserved unimpaired,	230
on only the property affected by suchthose liens immediately	231
prior to the effective date of the merger or consolidation. If a	232
general partner of a constituent partnership is not a general	233
partner of the entity surviving or the new entity resulting from	234
the merger or consolidation, then the former general partner shall	235
have no liability for any obligation incurred after the merger or	236
consolidation except to the extent that a former creditor of the	237
constituent partnership in which the former general partner was a	238
partner extends credit to the surviving or new entity reasonably	239
believing that the former general partner continued as a general	240
partner of the surviving or new entity.	241

(B) If a general partner of a constituent partnership is not	242
a general partner of the entity surviving or the new entity	243
resulting from the merger or consolidation, the provisions of	244
division (B) of section 1782.434 of the Revised Code shall apply.	245

(C) In the case of a merger of a domestic constituent	246
corporation into a foreign surviving corporation, limited	247
liability company, or limited partnership that is not licensed or	248
registered to transact business in this state or in the case of a	249
consolidation of a domestic constituent corporation into a new	250
foreign corporation, limited liability company, or limited	251
partnership, if the surviving or new entity intends to transact	252
business in this state and the certificate of merger or	253
consolidation is accompanied by the information described in	254
division (B)(4) of section 1701.81 of the Revised Code, then, on	255
the effective date of the merger or consolidation, the surviving	256
or new entity shall be considered to have complied with the	257
requirements for procuring a license or for registering to	258
transact business in this state as a foreign corporation, limited	259
liability company, or limited partnership, as the case may be. In	260
such a case, a copy of the certificate of merger or consolidation	261
certified by the secretary of state constitutes the license	262
certificate prescribed by the laws of this state for a foreign	263
corporation transacting business in this state or the application	264
for registration prescribed for a foreign limited partnership or	265
limited liability company.	266

(D) Any action to set aside any merger or consolidation on	267
the ground that any section of the Revised Code applicable to the	268
merger or consolidation has not been complied with shall be	269
brought within ninety days after the effective date of suchthat	270
merger or consolidation or be forever barred.	271

(E) As used in this section, "corporation" or "entity"	272
applies to both domestic and foreign corporations and entities	273
where the context so permits. In the case of a foreign constituent	274
entity or a foreign new entity, this section is subject to the	275
laws of the state under the laws of which the entity exists or in	276
which it has property.	277

Sec. 1775.14.  (A) Subject to section 1339.65 of the Revised	278
Code and except as provided in division (B) of this section, all	279
partners are liable as follows:	280

(1) Jointly and severally for everything chargeable to the	281
partnership under sections 1775.12 and 1775.13 of the Revised	282
Code. This joint and several liability is not subject to section	283
2307.22,or 2315.36, or 2315.46 of the Revised Code with respect	284
to a negligence or other tort claim that otherwise is subject to	285
anyeither of those sections.	286

(2) Jointly for all other debts and obligations of the	287
partnership, but any partner may enter into a separate obligation	288
to perform a partnership contract.	289

(B) Subject to divisions (C)(1) and (2) of this section or as	290
otherwise provided in a written agreement between the partners of	291
a registered limited liability partnership, a partner in a	292
registered limited liability partnership is not liable, directly	293
or indirectly, by way of indemnification, contribution,	294
assessment, or otherwise, for debts, obligations, or other	295
liabilities of any kind of, or chargeable to, the partnership or	296
another partner or partners arising from negligence or from	297
wrongful acts, errors, omissions, or misconduct, whether or not	298
intentional or characterized as tort, contract, or otherwise,	299
committed or occurring while the partnership is a registered	300
limited liability partnership and committed or occurring in the	301
course of the partnership business by another partner or an	302
employee, agent, or representative of the partnership.	303

(C)(1) Division (B) of this section does not affect the	304
liability of a partner in a registered limited liability	305
partnership for that partner's own negligence, wrongful acts,	306
errors, omissions, or misconduct, including that partner's own	307
negligence, wrongful acts, errors, omissions, or misconduct in	308
directly supervising any other partner or any employee, agent, or	309
representative of the partnership.	310

(2) Division (B) of this section shall not affect the	311
liability of a partner for liabilities imposed by Chapters 5735.,	312
5739., 5743., and 5747. and section 3734.908 of the Revised Code.	313

(D) A partner in a registered limited liability partnership	314
is not a proper party to an action or proceeding by or against a	315
registered limited liability partnership with respect to any debt,	316
obligation, or other liability of any kind described in division	317
(B) of this section, unless the partner is liable under divisions	318
(C)(1) and (2) of this section.	319

Sec. 2117.06.  (A) All creditors having claims against an	320
estate, including claims arising out of contract, out of tort, on	321
cognovit notes, or on judgments, whether due or not due, secured	322
or unsecured, liquidated or unliquidated, shall present their	323
claims in one of the following manners:	324

(1) After the appointment of an executor or administrator and	325
prior to the filing of a final account or a certificate of	326
termination, in one of the following manners:	327

(a) To the executor or administrator in a writing;

328

(b) To the executor or administrator in a writing, and to the	329
probate court by filing a copy of the writing with it;	330

(c) In a writing that is sent by ordinary mail addressed to	331
the decedent and that is actually received by the executor or	332
administrator within the appropriate time specified in division	333
(B) of this section. For purposes of this division, if an executor	334
or administrator is not a natural person, the writing shall be	335
considered as being actually received by the executor or	336
administrator only if the person charged with the primary	337
responsibility of administering the estate of the decedent	338
actually receives the writing within the appropriate time	339
specified in division (B) of this section.	340

(2) If the final account or certificate of termination has	341
been filed, in a writing to those distributees of the decedent's	342
estate who may share liability for the payment of the claim.	343

(B) Except as provided in section 2117.061 of the Revised	344
Code, all claims shall be presented within six months after the	345
death of the decedent, whether or not the estate is released from	346
administration or an executor or administrator is appointed during	347
that six-month period. Every claim presented shall set forth the	348
claimant's address.	349

(C) Except as provided in section 2117.061 of the Revised	350
Code, a claim that is not presented within six months after the	351
death of the decedent shall be forever barred as to all parties,	352
including, but not limited to, devisees, legatees, and	353
distributees. No payment shall be made on the claim and no action	354
shall be maintained on the claim, except as otherwise provided in	355
sections 2117.37 to 2117.42 of the Revised Code with reference to	356
contingent claims.	357

(D) In the absence of any prior demand for allowance, the	358
executor or administrator shall allow or reject all claims, except	359
tax assessment claims, within thirty days after their	360
presentation, provided that failure of the executor or	361
administrator to allow or reject within that time shall not	362
prevent the executor or administrator from doing so after that	363
time and shall not prejudice the rights of any claimant. Upon the	364
allowance of a claim, the executor or the administrator, on demand	365
of the creditor, shall furnish the creditor with a written	366
statement or memorandum of the fact and date of the allowance.	367

(E) If the executor or administrator has actual knowledge of	368
a pending action commenced against the decedent prior to the	369
decedent's death in a court of record in this state, the executor	370
or administrator shall file a notice of the appointment of the	371
executor or administrator in the pending action within ten days	372
after acquiring that knowledge. If the administrator or executor	373
is not a natural person, actual knowledge of a pending suit	374
against the decedent shall be limited to the actual knowledge of	375
the person charged with the primary responsibility of	376
administering the estate of the decedent. Failure to file the	377
notice within the ten-day period does not extend the claim period	378
established by this section.	379

(F) This section applies to any person who is required to	380
give written notice to the executor or administrator of a motion	381
or application to revive an action pending against the decedent at	382
the date of the death of the decedent.	383

(G) Nothing in this section or in section 2117.07 of the	384
Revised Code shall be construed to reduce the time mentioned	385
periods of limitation or periods prior to repose in section	386
2125.02, 2305.09, 2305.10, 2305.11, 2305.113, or 2305.12Chapter	387
2305. of the Revised Code, provided that no portion of any	388
recovery on a claim brought pursuant to that section or any of	389
those sectionssection in that chapter shall come from the assets	390
of an estate unless the claim has been presented against the	391
estate in accordance with Chapter 2117. of the Revised Code.	392

(H) Any person whose claim has been presented and has not	393
been rejected after presentment is a creditor as that term is used	394
in Chapters 2113. to 2125. of the Revised Code. Claims that are	395
contingent need not be presented except as provided in sections	396
2117.37 to 2117.42 of the Revised Code, but, whether presented	397
pursuant to those sections or this section, contingent claims may	398
be presented in any of the manners described in division (A) of	399
this section.	400

(I) If a creditor presents a claim against an estate in	401
accordance with division (A)(1)(b) of this section, the probate	402
court shall not close the administration of the estate until that	403
claim is allowed or rejected.	404

(J) The probate court shall not require an executor or	405
administrator to make and return into the court a schedule of	406
claims against the estate.	407

(K) If the executor or administrator makes a distribution of	408
the assets of the estate pursuant to section 2113.53 of the	409
Revised Code and prior to the expiration of the time for the	410
presentation of claims as set forth in this section, the executor	411
or administrator shall provide notice on the account delivered to	412
each distributee that the distributee may be liable to the estate	413
if a claim is presented prior to the filing of the final account	414
and may be liable to the claimant if the claim is presented after	415
the filing of the final account up to the value of the	416
distribution and may be required to return all or any part of the	417
value of the distribution if a valid claim is subsequently made	418
against the estate within the time permitted under this section.	419

Sec. 2125.02.  (A)(1) Except as provided in this division, an	420
a civil action for wrongful death shall be brought in the name of	421
the personal representative of the decedent for the exclusive	422
benefit of the surviving spouse, the children, and the parents of	423
the decedent, all of whom are rebuttably presumed to have suffered	424
damages by reason of the wrongful death, and for the exclusive	425
benefit of the other next of kin of the decedent. A parent who	426
abandoned a minor child who is the decedent shall not receive any	427
a benefit in a wrongful deathcivil action for wrongful death	428
brought under this division.	429

(2) The jury, or the court if the civil action for wrongful	430
death is not tried to a jury, may award damages authorized by	431
division (B) of this section, as it determines are proportioned to	432
the injury and loss resulting to the beneficiaries described in	433
division (A)(1) of this section by reason of the wrongful death	434
and may award the reasonable funeral and burial expenses incurred	435
as a result of the wrongful death. In its verdict, the jury or	436
court shall set forth separately the amount, if any, awarded for	437
the reasonable funeral and burial expenses incurred as a result of	438
the wrongful death.	439

(3)(a) The date of the decedent's death fixes, subject to	440
division (A)(3)(b)(iii) of this section, the status of all	441
beneficiaries of the civil action for wrongful death for purposes	442
of determining the damages suffered by them and the amount of	443
damages to be awarded. A person who is conceived prior to the	444
decedent's death and who is born alive after the decedent's death	445
is a beneficiary of the action.	446

(b)(i) In determining the amount of damages to be awarded,	447
the jury or court may consider all factors existing at the time of	448
the decedent's death that are relevant to a determination of the	449
damages suffered by reason of the wrongful death.	450

(ii) Consistent with the Rules of Evidence, anya party to an	451
a civil action for wrongful death may present evidence of the cost	452
of an annuity in connection with anyan issue of recoverable	453
future damages. If suchthat evidence is presented, then, in	454
addition to the factors described in division (A)(3)(b)(i) of this	455
section and, if applicable, division (A)(3)(b)(iii) of this	456
section, the jury or court may consider that evidence in	457
determining the future damages suffered by reason of the wrongful	458
death. If suchthat evidence is presented, the present value in	459
dollars of anyan annuity is its cost.	460

(iii) Consistent with the Rules of Evidence, anya party to	461
ana civil action for wrongful death may present evidence that the	462
surviving spouse of the decedent is remarried. If suchthat	463
evidence is presented, then, in addition to the factors described	464
in divisions (A)(3)(b)(i) and (ii) of this section, the jury or	465
court may consider that evidence in determining the damages	466
suffered by the surviving spouse by reason of the wrongful death.	467

(B) Compensatory damages may be awarded in ana civil action	468
for wrongful death and may include damages for the following:	469

(1) Loss of support from the reasonably expected earning	470
capacity of the decedent;	471

(2) Loss of services of the decedent;

472

(3) Loss of the society of the decedent, including loss of	473
companionship, consortium, care, assistance, attention,	474
protection, advice, guidance, counsel, instruction, training, and	475
education, suffered by the surviving spouse, minordependent	476
children, parents, or next of kin of the decedent;	477

(4) Loss of prospective inheritance to the decedent's heirs	478
at law at the time of the decedent's death;	479

(5) The mental anguish incurred by the surviving spouse,	480
minordependent children, parents, or next of kin of the decedent.	481

(C) A personal representative appointed in this state, with	482
the consent of the court making the appointment and at any time	483
before or after the commencement of ana civil action for wrongful	484
death, may settle with the defendant the amount to be paid.	485

(D) An(1) Except as provided in division (D)(2) of this	486
section, a civil action for wrongful death shall be commenced	487
within two years after the decedent's death.	488

(2)(a) Except as otherwise provided in divisions (D)(2)(b),	489
(c), (d), (e), (f), and (g) of this section or in section 2125.04	490
of the Revised Code, no cause of action for wrongful death	491
involving a product liability claim shall accrue against the	492
manufacturer or supplier of a product later than ten years from	493
the date that the product was delivered to its first purchaser or	494
first lessee who was not engaged in a business in which the	495
product was used as a component in the production, construction,	496
creation, assembly, or rebuilding of another product.	497

(b) Division (D)(2)(a) of this section does not apply if the	498
manufacturer or supplier of a product engaged in fraud in regard	499
to information about the product and the fraud contributed to the	500
harm that is alleged in a product liability claim involving that	501
product.	502

(c) Division (D)(2)(a) of this section does not bar a civil	503
action for wrongful death involving a product liability claim	504
against a manufacturer or supplier of a product who made an	505
express, written warranty as to the safety of the product that was	506
for a period longer than ten years and that, at the time of the	507
decedent's death, has not expired in accordance with the terms of	508
that warranty.	509

(d) If the decedent's death occurs during the ten-year period	510
described in division (D)(2)(a) of this section but less than two	511
years prior to the expiration of that period, a civil action for	512
wrongful death involving a product liability claim may be	513
commenced within two years after the decedent's death.	514

(e) If the decedent's death occurs during the ten-year period	515
described in division (D)(2)(a) of this section and the claimant	516
cannot commence an action during that period due to a disability	517
described in section 2305.16 of the Revised Code, a civil action	518
for wrongful death involving a product liability claim may be	519
commenced within two years after the disability is removed.	520

(f)(i) Division (D)(2)(a) of this section does not bar a	521
civil action for wrongful death based on a product liability claim	522
against a manufacturer or supplier of a product if the product	523
involved is a substance or device described in division (B)(1),	524
(2), (3), or (4) of section 2305.10 of the Revised Code and the	525
decedent's death resulted from exposure to the product during the	526
ten-year period described in division (D)(2)(a) of this section.	527

(ii) If division (D)(2)(f)(i) of this section applies	528
regarding a civil action for wrongful death, the cause of action	529
that is the basis of the action accrues upon the date on which the	530
claimant is informed by competent medical authority that the	531
decedent's death was related to the exposure to the product or	532
upon the date on which by the exercise of reasonable diligence the	533
claimant should have known that the decedent's death was related	534
to the exposure to the product, whichever date occurs first. A	535
civil action for wrongful death based on a cause of action	536
described in division (D)(2)(f)(i) of this section shall be	537
commenced within two years after the cause of action accrues and	538
shall not be commenced more than two years after the cause of	539
action accrues.	540

(g) Division (D)(2)(a) of this section does not bar a civil	541
action for wrongful death based on a product liability claim	542
against a manufacturer or supplier of a product if the product	543
involved is a substance or device described in division (B)(5) of	544
section 2315.10 of the Revised Code. If division (D)(2)(g) of this	545
section applies regarding a civil action for wrongful death, the	546
cause of action that is the basis of the action accrues upon the	547
date on which the claimant is informed by competent medical	548
authority that the decedent's death was related to the exposure to	549
the product or upon the date on which by the exercise of	550
reasonable diligence the claimant should have known that the	551
decedent's death was related to the exposure to the product,	552
whichever date occurs first. A civil action for wrongful death	553
based on a cause of action described in division (D)(2)(g) of this	554
section shall be commenced within two years after the cause of	555
action accrues and shall not be commenced more than two years	556
after the cause of action accrues.	557

(E)(1) If the personal representative of a deceased minor has	558
actual knowledge or reasonable cause to believe that the minor was	559
abandoned by a parent seeking to benefit from thea civil action	560
for wrongful death action or if any person listed in division	561
(A)(1) of this section who is permitted to benefit infrom a civil	562
action for wrongful death action filedcommenced in relation to a	563
deceased minor has actual knowledge or reasonable cause to believe	564
that the minor was abandoned by a parent seeking to benefit from	565
the wrongful death action, the personal representative or the	566
person may file a motion in the court in which the wrongful death	567
action is filedcommenced requesting the court to issue an order	568
finding that the parent abandoned the childminor and is not	569
entitled to recover damages in the wrongful death action based on	570
the death of the deceased minor child.	571

(2) The movant who files a motion described in division	572
(E)(1) of this section shall name the parent who abandoned the	573
childdeceased minor and, whether or not that parent is a resident	574
of this state, the parent shall be served with a summons and a	575
copy of the motion in accordance with the Rules of Civil	576
Procedure. Upon the filing of the motion, the court shall conduct	577
a hearing. In the hearing on the motion, the movant has the burden	578
of proving, by a preponderance of the evidence, that the parent	579
abandoned the deceased minor child. If, at the hearing, the court	580
finds that the movant has sustained that burden of proof, the	581
court shall issue an order that includes its findingfindings that	582
the parent abandoned the deceased minor child and that, because of	583
the prohibition set forth in division (A)(1) of this section, the	584
parent is not entitled to recover damages in the wrongful death	585
action based on the death of the deceased minor child.	586

(3) A motion requesting a court to issue an order finding	587
that thea specified parent abandoned thea minor child and is not	588
entitled to recover damages in thea civil action for wrongful	589
death action based on the death of the deceased minor child may be	590
filed at any time during the pendency of the wrongful death	591
action.	592

(F) This section does not create a new cause of action or	593
substantive legal right against any person involving a product	594
liability claim.	595

(G) As used in this section:

596

(1) "Annuity" means an annuity that would be purchased from	597
either of the following types of insurance companies:	598

(a) An insurance company that the A. M. Best Company, in its	599
most recently published rating guide of life insurance companies,	600
has rated A or better and has rated XII or higher as to financial	601
size or strength;	602

(b)(i) An insurance company that the superintendent of	603
insurance, under rules adopted pursuant to Chapter 119. of the	604
Revised Code for purposes of implementing this division,	605
determines is licensed to do business in this state and,	606
considering the factors described in division (F)(G)(1)(b)(ii) of	607
this section, is a stable insurance company that issues annuities	608
that are safe and desirable.	609

(ii) In making determinations as described in division	610
(F)(G)(1)(b)(i) of this section, the superintendent shall be	611
guided by the principle that the jury or court in ana civil	612
action for wrongful death should be presented only with evidence	613
as to the cost of annuities that are safe and desirable for the	614
beneficiaries of such anthe action who are awarded compensatory	615
damages under this section. In making suchthe determinations, the	616
superintendent shall consider the financial condition, general	617
standing, operating results, profitability, leverage, liquidity,	618
amount and soundness of reinsurance, adequacy of reserves, and the	619
management of anya particular insurance company in question	620
involved and also may consider ratings, grades, and	621
classifications of any nationally recognized rating services of	622
insurance companies and any other factors relevant to the making	623
of suchthe determinations.	624

(2) "Future damages" means damages that result from the	625
wrongful death and that will accrue after the verdict or	626
determination of liability by the jury or court is rendered in the	627
civil action for wrongful death.	628

(3) "Abandoned" means that a parent of a minor failed without	629
justifiable cause to communicate with the minor, care for the	630
minor, and provide for the maintenance or support of the minor as	631
required by law or judicial decree for a period of at least one	632
year immediately prior to the date of the death of the minor.	633

(4) "Minor" means a person who is less than eighteen years of	634
age.	635

(5) "Harm" means death.

636

(6) "Manufacturer," "product," "product liability claim," and	637
"supplier" have the same meanings as in section 2307.71 of the	638
Revised Code.	639

(H) Divisions (D), (G)(5), and (G)(6) of this section shall	640
be considered to be purely remedial in operation and shall be	641
applied in a remedial manner in any civil action commenced on or	642
after the effective date of this amendment, in which those	643
divisions are relevant, regardless of when the cause of action	644
accrued and notwithstanding any other section of the Revised Code	645
or prior rule of law of this state, but shall not be construed to	646
apply to any civil action pending prior to the effective date of	647
this amendment.	648

Sec. 2125.04.  In every civil action for wrongful death	649
commenced or attempted to be commenced within the time specified	650
by division (D)(1) or (D)(2)(c), (d), (e), (f), or (g) of section	651
2125.02 of the Revised Code, if a judgment for the plaintiff is	652
reversed or if the plaintiff fails otherwise than upon the merits,	653
and if the time limited by such sectionany of those divisions for	654
the commencement of suchthe action has expired at the date of	655
suchthe reversal or failure, the plaintiff or, if the plaintiff	656
dies and the cause of action survives, the personal representative	657
of the plaintiff may commence a new civil action for wrongful	658
death within one year after suchthat date.	659

Sec. 2305.01. TheExcept as otherwise provided by this	660
section or section 2305.03 of the Revised Code, the court of	661
common pleas has original jurisdiction in all civil cases in which	662
the sum or matter in dispute exceeds the exclusive original	663
jurisdiction of county courts and appellate jurisdiction from the	664
decisions of boards of county commissioners. The court of common	665
pleas shall not have jurisdiction, in any tort action to which the	666
amounts apply, to award punitive or exemplary damages that exceed	667
the amounts set forth in section 2315.21 of the Revised Code. The	668
court of common pleas shall not have jurisdiction in any tort	669
action to which the limits apply to enter judgment on an award of	670
compensatory damages for noneconomic loss in excess of the limits	671
set forth in section 2315.18 of the Revised Code.	672

The court of common pleas may on its own motion transfer for	673
trial any action in the court to any municipal court in the county	674
having concurrent jurisdiction of the subject matter of, and the	675
parties to, the action, if the amount sought by the plaintiff does	676
not exceed one thousand dollars and if the judge or presiding	677
judge of the municipal court concurs in the proposed transfer.	678
Upon the issuance of an order of transfer, the clerk of courts	679
shall remove to the designated municipal court the entire case	680
file. Any untaxed portion of the common pleas deposit for court	681
costs shall be remitted to the municipal court by the clerk of	682
courts to be applied in accordance with section 1901.26 of the	683
Revised Code, and the costs taxed by the municipal court shall be	684
added to any costs taxed in the common pleas court.	685

The court of common pleas has jurisdiction in any action	686
brought pursuant to division (I) of section 3733.11 of the Revised	687
Code if the residential premises that are the subject of the	688
action are located within the territorial jurisdiction of the	689
court.	690

The courts of common pleas of Adams, Athens, Belmont, Brown,	691
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,	692
Meigs, Monroe, Scioto, and Washington counties have jurisdiction	693
beyond the north or northwest shore of the Ohio river extending to	694
the opposite shore line, between the extended boundary lines of	695
any adjacent counties or adjacent state. Each of those courts of	696
common pleas has concurrent jurisdiction on the Ohio river with	697
any adjacent court of common pleas that borders on that river and	698
with any court of Kentucky or of West Virginia that borders on the	699
Ohio river and that has jurisdiction on the Ohio river under the	700
law of Kentucky or the law of West Virginia, whichever is	701
applicable, or under federal law.	702

Sec. 2305.03. A civil action,(A) Except as provided in	703
division (B) of this section and unless a different limitation is	704
prescribed by statute, cana civil action may be commenced only	705
within the period prescribed in sections 2305.032305.04 to	706
2305.22, inclusive, of the Revised Code. WhenIf interposed by	707
proper plea by a party to an action mentioned in suchany of those	708
sections, lapse of time shall be a bar theretoto the action.	709

(B) No civil action that is based upon a cause of action that	710
accrued in any other state, territory, district, or foreign	711
jurisdiction may be commenced and maintained in this state if the	712
period of limitation that applies to that action under the laws of	713
that other state, territory, district, or foreign jurisdiction has	714
expired or the period of limitation that applies to that action	715
under the laws of this state has expired.	716

Sec. 2305.10. An(A) Except as provided in division (C) of	717
this section, an action based on a product liability claim and an	718
action for bodily injury or injuring personal property shall be	719
brought within two years after the cause thereof aroseof action	720
accrues. Except as provided in divisions (B)(1), (2), (3), (4),	721
and (5) of this section, a cause of action accrues under this	722
division when the injury or loss to person or property occurs.	723

(B)(1) For purposes of division (A) of this section, a cause	724
of action for bodily injury that is not described in division	725
(B)(2), (3), (4), or (5) of this section and that is caused by	726
exposure to hazardous or toxic chemicals, ethical drugs, or	727
ethical medical devices accrues upon the date on which the	728
plaintiff is informed by competent medical authority that the	729
plaintiff has an injury that is related to the exposure, or upon	730
the date on which by the exercise of reasonable diligence the	731
plaintiff should have known that the plaintiff has an injury that	732
is related to the exposure, whichever date occurs first.	733

(2) For purposes of division (A) of this section, a cause of	734
action for bodily injury caused by exposure to asbestos or to	735
chromium in any of its chemical forms arisesaccrues upon the date	736
on which the plaintiff is informed by competent medical authority	737
that the plaintiff has been injured by suchan injury that is	738
related to the exposure, or upon the date on which, by the	739
exercise of reasonable diligence, the plaintiff should have become	740
awareknown that the plaintiff had been injured byhas an injury	741
that is related to the exposure, whichever date occurs first.	742

(3) For purposes of division (A) of this section, a cause of	743
action for bodily injury incurred by a veteran through exposure to	744
chemical defoliants or herbicides or other causative agents,	745
including agent orange, arisesaccrues upon the date on which the	746
plaintiff is informed by competent medical authority that the	747
plaintiff has been injured by suchan injury that is related to	748
the exposure, or upon the date on which by the exercise of	749
reasonable diligence the plaintiff should have known that the	750
plaintiff has an injury that is related to the exposure, whichever	751
date occurs first.	752

As used in this section, "agent orange," "causative agent,"	753
and "veteran" have the same meanings as in section 5903.21 of the	754
Revised Code.	755

(4) For purposes of division (A) of this section, a cause of	756
action for bodily injury which may be caused by exposure to	757
diethylstilbestrol or other nonsteroidal synthetic estrogens,	758
including exposure before birth, accrues upon the date on which	759
the plaintiff learns from a licensed physicianis informed by	760
competent medical authority that the plaintiff has an injury which	761
may bethat is related to suchthe exposure, or upon the date on	762
which by the exercise of reasonable diligence the plaintiff should	763
have become awareknown that the plaintiff has an injury which may	764
bethat is related to suchthe exposure, whichever date occurs	765
first.	766

(5) For purposes of division (A) of this section, a cause of	767
action for bodily injury caused by exposure to asbestos accrues	768
upon the date on which the plaintiff is informed by competent	769
medical authority that the plaintiff has an injury that is related	770
to the exposure, or upon the date on which by the exercise of	771
reasonable diligence the plaintiff should have known that the	772
plaintiff has an injury that is related to the exposure, whichever	773
date occurs first.	774

(C)(1) Except as otherwise provided in divisions (C)(2), (3),	775
(4), (5), (6), and (7) of this section or in section 2305.19 of	776
the Revised Code, no cause of action based on a product liability	777
claim shall accrue against the manufacturer or supplier of a	778
product later than ten years from the date that the product was	779
delivered to its first purchaser or first lessee who was not	780
engaged in a business in which the product was used as a component	781
in the production, construction, creation, assembly, or rebuilding	782
of another product.	783

(2) Division (C)(1) of this section does not apply if the	784
manufacturer or supplier of a product engaged in fraud in regard	785
to information about the product and the fraud contributed to the	786
harm that is alleged in a product liability claim involving that	787
product.	788

(3) Division (C)(1) of this section does not bar an action	789
based on a product liability claim against a manufacturer or	790
supplier of a product who made an express, written warranty as to	791
the safety of the product that was for a period longer than ten	792
years and that, at the time of the accrual of the cause of action,	793
has not expired in accordance with the terms of that warranty.	794

(4) If the cause of action relative to a product liability	795
claim accrues during the ten-year period described in division	796
(C)(1) of this section but less than two years prior to the	797
expiration of that period, an action based on the product	798
liability claim may be commenced within two years after the cause	799
of action accrues.	800

(5) If a cause of action relative to a product liability	801
claim accrues during the ten-year period described in division	802
(C)(1) of this section and the claimant cannot commence an action	803
during that period due to a disability described in section	804
2305.16 of the Revised Code, an action based on the product	805
liability claim may be commenced within two years after the	806
disability is removed.	807

(6) Division (C)(1) of this section does not bar an action	808
for bodily injury caused by exposure to asbestos if the cause of	809
action that is the basis of the action accrues upon the date on	810
which the plaintiff is informed by competent medical authority	811
that the plaintiff has an injury that is related to the exposure,	812
or upon the date on which by the exercise of reasonable diligence	813
the plaintiff should have known that the plaintiff has an injury	814
that is related to the exposure, whichever date occurs first.	815

(7)(a) Division (C)(1) of this section does not bar an action	816
based on a product liability claim against a manufacturer or	817
supplier of a product if all of the following apply:	818

(i) The action is for bodily injury.

819

(ii) The product involved is a substance or device described	820
in division (B)(1), (2), (3), or (4) of this section.	821

(iii) The bodily injury results from exposure to the product	822
during the ten-year period described in division (C)(1) of this	823
section.	824

(b) If division (C)(7)(a) of this section applies regarding	825
an action, the cause of action accrues upon the date on which the	826
claimant is informed by competent medical authority that the	827
bodily injury was related to the exposure to the product, or upon	828
the date on which by the exercise of reasonable diligence the	829
claimant should have known that the bodily injury was related to	830
the exposure to the product, whichever date occurs first. The	831
action based on the product liability claim shall be commenced	832
within two years after the cause of action accrues and shall not	833
be commenced more than two years after the cause of action	834
accrues.	835

(D) This section does not create a new cause of action or	836
substantive legal right against any person involving a product	837
liability claim.	838

(E) As used in this section:

839

(1) "Agent orange," "causative agent," and "veteran" have the	840
same meanings as in section 5903.21 of the Revised Code.	841

(2) "Ethical drug," "ethical medical device," "manufacturer,"	842
"product," "product liability claim," and "supplier" have the same	843
meanings as in section 2307.71 of the Revised Code.	844

(3) "Harm" means injury, death, or loss to person or	845
property.	846

(F) This section shall be considered to be purely remedial in	847
operation and shall be applied in a remedial manner in any civil	848
action commenced on or after the effective date of this amendment,	849
in which this section is relevant, regardless of when the cause of	850
action accrued and notwithstanding any other section of the	851
Revised Code or prior rule of law of this state, but shall not be	852
construed to apply to any civil action pending prior to the	853
effective date of this amendment.	854

Sec. 2305.113. (A) Except as otherwise provided in this	855
section, an action upon a medical, dental, optometric, or	856
chiropractic claim shall be commenced within one year after the	857
cause of action accrued.	858

(B)(1) If prior to the expiration of the one-year period	859
specified in division (A) of this section, a claimant who	860
allegedly possesses a medical, dental, optometric, or chiropractic	861
claim gives to the person who is the subject of that claim written	862
notice that the claimant is considering bringing an action upon	863
that claim, that action may be commenced against the person	864
notified at any time within one hundred eighty days after the	865
notice is so given.	866

(2) An insurance company shall not consider the existence or	867
nonexistence of a written notice described in division (B)(1) of	868
this section in setting the liability insurance premium rates that	869
the company may charge the company's insured person who is	870
notified by that written notice.	871

(C) Except as to persons within the age of minority or of	872
unsound mind as provided by section 2305.16 of the Revised Code,	873
and except as provided in division (D) of this section, both of	874
the following apply:	875

(1) No action upon a medical, dental, optometric, or	876
chiropractic claim shall be commenced more than four years after	877
the occurrence of the act or omission constituting the alleged	878
basis of the medical, dental, optometric, or chiropractic claim.	879

(2) If an action upon a medical, dental, optometric, or	880
chiropractic claim is not commenced within four years after the	881
occurrence of the act or omission constituting the alleged basis	882
of the medical, dental, optometric, or chiropractic claim, then,	883
any action upon that claim is barred.	884

(D)(1) If a person making a medical claim, dental claim,	885
optometric claim, or chiropractic claim, in the exercise of	886
reasonable care and diligence, could not have discovered the	887
injury resulting from the act or omission constituting the alleged	888
basis of the claim within three years after the occurrence of the	889
act or omission, but, in the exercise of reasonable care and	890
diligence, discovers the injury resulting from that act or	891
omission before the expiration of the four-year period specified	892
in division (C)(1) of this section, the person may commence an	893
action upon the claim not later than one year after the person	894
discovers the injury resulting from that act or omission.	895

(2) If the alleged basis of a medical claim, dental claim,	896
optometric claim, or chiropractic claim is the occurrence of an	897
act or omission that involves a foreign object that is left in the	898
body of the person making the claim, the person may commence an	899
action upon the claim not later than one year after the person	900
discovered the foreign object or not later than one year after the	901
person, with reasonable care and diligence, should have discovered	902
the foreign object.	903

(3) A person who commences an action upon a medical claim,	904
dental claim, optometric claim, or chiropractic claim under the	905
circumstances described in division (D)(1) or (2) of this section	906
has the affirmative burden of proving, by clear and convincing	907
evidence, that the person, with reasonable care and diligence,	908
could not have discovered the injury resulting from the act or	909
omission constituting the alleged basis of the claim within the	910
three-year period described in division (D)(1) of this section or	911
within the one-year period described in division (D)(2) of this	912
section, whichever is applicable.	913

(E) As used in this section:

914

(1) "Hospital" includes any person, corporation, association,	915
board, or authority that is responsible for the operation of any	916
hospital licensed or registered in the state, including, but not	917
limited to, those that are owned or operated by the state,	918
political subdivisions, any person, any corporation, or any	919
combination of the state, political subdivisions, persons, and	920
corporations. "Hospital" also includes any person, corporation,	921
association, board, entity, or authority that is responsible for	922
the operation of any clinic that employs a full-time staff of	923
physicians practicing in more than one recognized medical	924
specialty and rendering advice, diagnosis, care, and treatment to	925
individuals. "Hospital" does not include any hospital operated by	926
the government of the United States or any of its branches.	927

(2) "Physician" means a person who is licensed to practice	928
medicine and surgery or osteopathic medicine and surgery by the	929
state medical board or a person who otherwise is authorized to	930
practice medicine and surgery or osteopathic medicine and surgery	931
in this state.	932

(3) "Medical claim" means any claim that is asserted in any	933
civil action against a physician, podiatrist, hospital, home, or	934
residential facility, against any employee or agent of a	935
physician, podiatrist, hospital, home, or residential facility, or	936
against a licensed practical nurse, registered nurse, advanced	937
practice nurse, physical therapist, physician assistant, emergency	938
medical technician-basic, emergency medical	939
technician-intermediate, or emergency medical	940
technician-paramedic, and that arises out of the medical	941
diagnosis, care, or treatment of any person. "Medical claim"	942
includes the following:	943

(a) Derivative claims for relief that arise from the medical	944
diagnosis, care, or treatment of a person;	945

(b) Claims that arise out of the medical diagnosis, care, or	946
treatment of any person and to which either of the following	947
applies:	948

(i) The claim results from acts or omissions in providing	949
medical care.	950

(ii) The claim results from the hiring, training,	951
supervision, retention, or termination of caregivers providing	952
medical diagnosis, care, or treatment.	953

(c) Claims that arise out of the medical diagnosis, care, or	954
treatment of any person and that are brought under section 3721.17	955
of the Revised Code.	956

(4) "Podiatrist" means any person who is licensed to practice	957
podiatric medicine and surgery by the state medical board.	958

(5) "Dentist" means any person who is licensed to practice	959
dentistry by the state dental board.	960

(6) "Dental claim" means any claim that is asserted in any	961
civil action against a dentist, or against any employee or agent	962
of a dentist, and that arises out of a dental operation or the	963
dental diagnosis, care, or treatment of any person. "Dental claim"	964
includes derivative claims for relief that arise from a dental	965
operation or the dental diagnosis, care, or treatment of a person.	966

(7) "Derivative claims for relief" include, but are not	967
limited to, claims of a parent, guardian, custodian, or spouse of	968
an individual who was the subject of any medical diagnosis, care,	969
or treatment, dental diagnosis, care, or treatment, dental	970
operation, optometric diagnosis, care, or treatment, or	971
chiropractic diagnosis, care, or treatment, that arise from that	972
diagnosis, care, treatment, or operation, and that seek the	973
recovery of damages for any of the following:	974

(a) Loss of society, consortium, companionship, care,	975
assistance, attention, protection, advice, guidance, counsel,	976
instruction, training, or education, or any other intangible loss	977
that was sustained by the parent, guardian, custodian, or spouse;	978

(b) Expenditures of the parent, guardian, custodian, or	979
spouse for medical, dental, optometric, or chiropractic care or	980
treatment, for rehabilitation services, or for other care,	981
treatment, services, products, or accommodations provided to the	982
individual who was the subject of the medical diagnosis, care, or	983
treatment, the dental diagnosis, care, or treatment, the dental	984
operation, the optometric diagnosis, care, or treatment, or the	985
chiropractic diagnosis, care, or treatment.	986

(8) "Registered nurse" means any person who is licensed to	987
practice nursing as a registered nurse by the state board of	988
nursing.	989

(9) "Chiropractic claim" means any claim that is asserted in	990
any civil action against a chiropractor, or against any employee	991
or agent of a chiropractor, and that arises out of the	992
chiropractic diagnosis, care, or treatment of any person.	993
"Chiropractic claim" includes derivative claims for relief that	994
arise from the chiropractic diagnosis, care, or treatment of a	995
person.	996

(10) "Chiropractor" means any person who is licensed to	997
practice chiropractic by the state chiropractic examining board.	998

(11) "Optometric claim" means any claim that is asserted in	999
any civil action against an optometrist, or against any employee	1000
or agent of an optometrist, and that arises out of the optometric	1001
diagnosis, care, or treatment of any person. "Optometric claim"	1002
includes derivative claims for relief that arise from the	1003
optometric diagnosis, care, or treatment of a person.	1004

(12) "Optometrist" means any person licensed to practice	1005
optometry by the state board of optometry.	1006

(13) "Physical therapist" means any person who is licensed to	1007
practice physical therapy under Chapter 4755. of the Revised Code.	1008

(14) "Home" has the same meaning as in section 3721.10 of the	1009
Revised Code.	1010

(15) "Residential facility" means a facility licensed under	1011
section 5123.19 of the Revised Code.	1012

(16) "Advanced practice nurse" means any certified nurse	1013
practitioner, clinical nurse specialist, or certified registered	1014
nurse anesthetist, or a certified nurse-midwife certifiedwho	1015
holds a certificate of authority issued by the board of nursing	1016
under section 4723.41Chapter 4723. of the Revised Code.	1017

(17) "Licensed practical nurse" means any person who is	1018
licensed to practice nursing as a licensed practical nurse by the	1019
state board of nursing pursuant to Chapter 4723. of the Revised	1020
Code.	1021

(18) "Physician assistant" means any person who holds a valid	1022
certificate of registration or temporary certificate of	1023
registration issued pursuant to Chapter 4730. of the Revised Code.	1024

(19) "Emergency medical technician-basic," "emergency medical	1025
technician-intermediate," and "emergency medical	1026
technician-paramedic" means any person who is certified under	1027
Chapter 4765. of the Revised Code as an emergency medical	1028
technician-basic, emergency medical technician-intermediate, or	1029
emergency medical technician-paramedic, whichever is applicable.	1030

Sec. 2305.131.  (A)(1) Notwithstanding an otherwise	1031
applicable period of limitations specified in this chapter or in	1032
section 2125.02 of the Revised Code and except as otherwise	1033
provided in divisions (A)(2), (A)(3), (C), and (D) of this	1034
section, no cause of action to recover damages for bodily injury,	1035
an injury to real or personal property, or wrongful death that	1036
arises out of a defective and unsafe condition of an improvement	1037
to real property and no cause of action for contribution or	1038
indemnity for damages sustained as a result of bodily injury, an	1039
injury to real or personal property, or wrongful death that arises	1040
out of a defective and unsafe condition of an improvement to real	1041
property shall accrue against a person who performed services for	1042
the improvement to real property or a person who furnished the	1043
design, planning, supervision of construction, or construction of	1044
the improvement to real property later than ten years from the	1045
date of substantial completion of such improvement.	1046

(2) Notwithstanding an otherwise applicable period of	1047
limitations specified in this chapter or in section 2125.02 of the	1048
Revised Code, a claimant who discovers a defective and unsafe	1049
condition of an improvement to real property during the ten-year	1050
period specified in division (A)(1) of this section but less than	1051
two years prior to the expiration of that period may commence a	1052
civil action to recover damages as described in that division	1053
within two years from the date of the discovery of that defective	1054
and unsafe condition.	1055

(3) Notwithstanding an otherwise applicable period of	1056
limitations specified in this chapter or in section 2125.02 of the	1057
Revised Code, if a cause of action that arises out of a defective	1058
and unsafe condition of an improvement to real property accrues	1059
during the ten-year period specified in division (A)(1) of this	1060
section and the plaintiff cannot commence an action during that	1061
period due to a disability described in section 2305.16 of the	1062
Revised Code, the plaintiff may commence a civil action to recover	1063
damages as described in that division within two years from the	1064
removal of that disability.	1065

(B) Division (A) of this section does not apply to a civil	1066
action commenced against a person who is an owner of, tenant of,	1067
landlord of, or other person in possession and control of an	1068
improvement to real property and who is in actual possession and	1069
control of the improvement to real property at the time that the	1070
defective and unsafe condition of the improvement to real property	1071
constitutes the proximate cause of the bodily injury, injury to	1072
real or personal property, or wrongful death that is the subject	1073
matter of the civil action.	1074

(C) Division (A)(1) of this section is not available as an	1075
affirmative defense to a defendant in a civil action described in	1076
that division if the defendant engages in fraud in regard to	1077
furnishing the design, planning, supervision of construction, or	1078
construction of an improvement to real property or in regard to	1079
any relevant fact or other information that pertains to the act or	1080
omission constituting the alleged basis of the bodily injury,	1081
injury to real or personal property, or wrongful death or to the	1082
defective and unsafe condition of the improvement to real	1083
property.	1084

(D) Division (A)(1) of this section does not prohibit the	1085
commencement of a civil action for damages against a person who	1086
has expressly warranted or guaranteed an improvement to real	1087
property for a period longer than the period described in division	1088
(A)(1) of this section and whose warranty or guarantee has not	1089
expired as of the time of the alleged bodily injury, injury to	1090
real or personal property, or wrongful death in accordance with	1091
the terms of that warranty or guarantee.	1092

(E) This section does not create a new cause of action or	1093
substantive legal right against any person resulting from the	1094
design, planning, supervision of construction, or construction of	1095
an improvement to real property.	1096

(F) This section shall be considered to be purely remedial in	1097
operation and shall be applied in a remedial manner in any civil	1098
action commenced on or after the effective date of this section,	1099
in which this section is relevant, regardless of when the cause of	1100
action accrued and notwithstanding any other section of the	1101
Revised Code or prior rule of law of this state, but shall not be	1102
construed to apply to any civil action pending prior to the	1103
effective date of this section.	1104

(G) As used in this section, "substantial completion" means	1105
the date the improvement to real property is first used by the	1106
owner or tenant of the real property or when the real property is	1107
first available for use after having the improvement completed in	1108
accordance with the contract or agreement covering the	1109
improvement, including any agreed changes to the contract or	1110
agreement, whichever occurs first.	1111

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

1112

(1) "Chiropractic claim," "medical claim," and "optometric	1113
claim" have the same meanings as in section 2305.113 of the	1114
Revised Code.	1115

(2) "Dental claim" has the same meaning as in section	1116
2305.113 of the Revised Code, except that it does not include any	1117
claim arising out of a dental operation or any derivative claim	1118
for relief that arises out of a dental operation.	1119

(3) "Governmental health care program" has the same meaning	1120
as in section 4731.65 of the Revised Code.	1121

(4) "Health care facility or location" means a hospital,	1122
clinic, ambulatory surgical facility, office of a health care	1123
professional or associated group of health care professionals,	1124
training institution for health care professionals, or any other	1125
place where medical, dental, or other health-related diagnosis,	1126
care, or treatment is provided to a person.	1127

(5) "Health care professional" means any of the following who	1128
provide medical, dental, or other health-related diagnosis, care,	1129
or treatment:	1130

(a) Physicians authorized under Chapter 4731. of the Revised	1131
Code to practice medicine and surgery or osteopathic medicine and	1132
surgery;	1133

(b) Registered nurses and licensed practical nurses licensed	1134
under Chapter 4723. of the Revised Code and individuals who hold a	1135
certificate of authority issued under that chapter that authorizes	1136
the practice of nursing as a certified registered nurse	1137
anesthetist, clinical nurse specialist, certified nurse-midwife,	1138
or certified nurse practitioner;	1139

(c) Physician assistants authorized to practice under Chapter	1140
4730. of the Revised Code;	1141

(d) Dentists and dental hygienists licensed under Chapter	1142
4715. of the Revised Code;	1143

(e) Physical therapists, physical therapist assistants,	1144
occupational therapists, and occupational therapy assistants	1145
licensed under Chapter 4755. of the Revised Code;	1146

(f) Chiropractors licensed under Chapter 4734. of the Revised	1147
Code;	1148

(g) Optometrists licensed under Chapter 4725. of the Revised	1149
Code;	1150

(h) Podiatrists authorized under Chapter 4731. of the Revised	1151
Code to practice podiatry;	1152

(i) Dietitians licensed under Chapter 4759. of the Revised	1153
Code;	1154

(j) Pharmacists licensed under Chapter 4729. of the Revised	1155
Code;	1156

(k) Emergency medical technicians-basic, emergency medical	1157
technicians-intermediate, and emergency medical	1158
technicians-paramedic, certified under Chapter 4765. of the	1159
Revised Code;	1160

(l) Respiratory care professionals licensed under Chapter	1161
4761. of the Revised Code;	1162

(m) Speech-language pathologists and audiologists licensed	1163
under Chapter 4753. of the Revised Code.	1164

(6) "Health care worker" means a person other than a health	1165
care professional who provides medical, dental, or other	1166
health-related care or treatment under the direction of a health	1167
care professional with the authority to direct that individual's	1168
activities, including medical technicians, medical assistants,	1169
dental assistants, orderlies, aides, and individuals acting in	1170
similar capacities.	1171

(7) "Indigent and uninsured person" means a person who meets	1172
all of the following requirements:	1173

(a) The person's income is not greater than two hundred per	1174
cent of the current poverty line as defined by the United States	1175
office of management and budget and revised in accordance with	1176
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	1177
95 Stat. 511, 42 U.S.C. 9902, as amended.	1178

(b) The person is not eligible to receive medical assistance	1179
under Chapter 5111., disability medical assistance under Chapter	1180
5115. of the Revised Code, or assistance under any other	1181
governmental health care program.	1182

(c) Either of the following applies:

1183

(i) The person is not a policyholder, certificate holder,	1184
insured, contract holder, subscriber, enrollee, member,	1185
beneficiary, or other covered individual under a health insurance	1186
or health care policy, contract, or plan.	1187

(ii) The person is a policyholder, certificate holder,	1188
insured, contract holder, subscriber, enrollee, member,	1189
beneficiary, or other covered individual under a health insurance	1190
or health care policy, contract, or plan, but the insurer, policy,	1191
contract, or plan denies coverage or is the subject of insolvency	1192
or bankruptcy proceedings in any jurisdiction.	1193

(8) "Nonprofit health care referral organization" means an	1194
entity that is not operated for profit and refers patients to, or	1195
arranges for the provision of, health-related diagnosis, care, or	1196
treatment by a health care professional or health care worker.	1197

(9) "Operation" means any procedure that involves cutting or	1198
otherwise infiltrating human tissue by mechanical means, including	1199
surgery, laser surgery, ionizing radiation, therapeutic	1200
ultrasound, or the removal of intraocular foreign bodies.	1201
"Operation" does not include the administration of medication by	1202
injection, unless the injection is administered in conjunction	1203
with a procedure infiltrating human tissue by mechanical means	1204
other than the administration of medicine by injection.	1205
"Operation" does not include routine dental restorative	1206
procedures, the scaling of teeth, or extractions of teeth that are	1207
not impacted.	1208

(10) "Tort action" means a civil action for damages for	1209
injury, death, or loss to person or property other than a civil	1210
action for damages for a breach of contract or another agreement	1211
between persons or government entities.	1212

(11) "Volunteer" means an individual who provides any	1213
medical, dental, or other health-care related diagnosis, care, or	1214
treatment without the expectation of receiving and without receipt	1215
of any compensation or other form of remuneration from an indigent	1216
and uninsured person, another person on behalf of an indigent and	1217
uninsured person, any health care facility or location, any	1218
nonprofit health care referral organization, or any other person	1219
or government entity.	1220

(12) "Community control sanction" has the same meaning as in	1221
section 2929.01 of the Revised Code.	1222

(13) "Deep sedation" means a drug-induced depression of	1223
consciousness during which a patient cannot be easily aroused but	1224
responds purposefully following repeated or painful stimulation, a	1225
patient's ability to independently maintain ventilatory function	1226
may be impaired, a patient may require assistance in maintaining a	1227
patent airway and spontaneous ventilation may be inadequate, and	1228
cardiovascular function is usually maintained.	1229

(14) "General anesthesia" means a drug-induced loss of	1230
consciousness during which a patient is not arousable, even by	1231
painful stimulation, the ability to independently maintain	1232
ventilatory function is often impaired, a patient often requires	1233
assistance in maintaining a patent airway, positive pressure	1234
ventilation may be required because of depressed spontaneous	1235
ventilation or drug-induced depression of neuromuscular function,	1236
and cardiovascular function may be impaired.	1237

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	1238
health care professional who is a volunteer and complies with	1239
division (B)(2) of this section is not liable in damages to any	1240
person or government entity in a tort or other civil action,	1241
including an action on a medical, dental, chiropractic,	1242
optometric, or other health-related claim, for injury, death, or	1243
loss to person or property that allegedly arises from an action or	1244
omission of the volunteer in the provision to an indigent and	1245
uninsured person of medical, dental, or other health-related	1246
diagnosis, care, or treatment, including the provision of samples	1247
of medicine and other medical products, unless the action or	1248
omission constitutes willful or wanton misconduct.	1249

(2) To qualify for the immunity described in division (B)(1)	1250
of this section, a health care professional shall do all of the	1251
following prior to providing diagnosis, care, or treatment:	1252

(a) Determine, in good faith, that the indigent and uninsured	1253
person is mentally capable of giving informed consent to the	1254
provision of the diagnosis, care, or treatment and is not subject	1255
to duress or under undue influence;	1256

(b) Inform the person of the provisions of this section,	1257
including notifying the person that, by giving informed consent to	1258
the provision of the diagnosis, care, or treatment, the person	1259
cannot hold the health care professional liable for damages in a	1260
tort or other civil action, including an action on a medical,	1261
dental, chiropractic, optometric, or other health-related claim,	1262
unless the action or omission of the health care professional	1263
constitutes willful or wanton misconduct;	1264

(c) Obtain the informed consent of the person and a written	1265
waiver, signed by the person or by another individual on behalf of	1266
and in the presence of the person, that states that the person is	1267
mentally competent to give informed consent and, without being	1268
subject to duress or under undue influence, gives informed consent	1269
to the provision of the diagnosis, care, or treatment subject to	1270
the provisions of this section. A written waiver under division	1271
(B)(2)(c) of this section shall state clearly and in conspicuous	1272
type that the person or other individual who signs the waiver is	1273
signing it with full knowledge that, by giving informed consent to	1274
the provision of the diagnosis, care, or treatment, the person	1275
cannot bring a tort or other civil action, including an action on	1276
a medical, dental, chiropractic, optometric, or other	1277
health-related claim, against the health care professional unless	1278
the action or omission of the health care professional constitutes	1279
willful or wanton misconduct.	1280

(3) A physician or podiatrist who is not covered by medical	1281
malpractice insurance, but complies with division (B)(2) of this	1282
section, is not required to comply with division (A) of section	1283
4731.143 of the Revised Code.	1284

(C) Subject to divisions (F) and (G)(3) of this section,	1285
health care workers who are volunteers are not liable in damages	1286
to any person or government entity in a tort or other civil	1287
action, including an action upon a medical, dental, chiropractic,	1288
optometric, or other health-related claim, for injury, death, or	1289
loss to person or property that allegedly arises from an action or	1290
omission of the health care worker in the provision to an indigent	1291
and uninsured person of medical, dental, or other health-related	1292
diagnosis, care, or treatment, unless the action or omission	1293
constitutes willful or wanton misconduct.	1294

(D) Subject to divisions (F) and (G)(3) of this section, a	1295
nonprofit health care referral organization is not liable in	1296
damages to any person or government entity in a tort or other	1297
civil action, including an action on a medical, dental,	1298
chiropractic, optometric, or other health-related claim, for	1299
injury, death, or loss to person or property that allegedly arises	1300
from an action or omission of the nonprofit health care referral	1301
organization in referring indigent and uninsured persons to, or	1302
arranging for the provision of, medical, dental, or other	1303
health-related diagnosis, care, or treatment by a health care	1304
professional described in division (B)(1) of this section or a	1305
health care worker described in division (C) of this section,	1306
unless the action or omission constitutes willful or wanton	1307
misconduct.	1308

(E) Subject to divisions (F) and (G)(3) of this section and	1309
to the extent that the registration requirements of section	1310
3701.071 of the Revised Code apply, a health care facility or	1311
location associated with a health care professional described in	1312
division (B)(1) of this section, a health care worker described in	1313
division (C) of this section, or a nonprofit health care referral	1314
organization described in division (D) of this section is not	1315
liable in damages to any person or government entity in a tort or	1316
other civil action, including an action on a medical, dental,	1317
chiropractic, optometric, or other health-related claim, for	1318
injury, death, or loss to person or property that allegedly arises	1319
from an action or omission of the health care professional or	1320
worker or nonprofit health care referral organization relative to	1321
the medical, dental, or other health-related diagnosis, care, or	1322
treatment provided to an indigent and uninsured person on behalf	1323
of or at the health care facility or location, unless the action	1324
or omission constitutes willful or wanton misconduct.	1325

(F)(1) Except as provided in division (F)(2) of this section,	1326
the immunities provided by divisions (B), (C), (D), and (E) of	1327
this section are not available to a health care professional,	1328
health care worker, nonprofit health care referral organization,	1329
or health care facility or location if, at the time of an alleged	1330
injury, death, or loss to person or property, the health care	1331
professionals or health care workers involved are providing one of	1332
the following:	1333

(a) Any medical, dental, or other health-related diagnosis,	1334
care, or treatment pursuant to a community service work order	1335
entered by a court under division (B) of section 2951.02 of the	1336
Revised Code or imposed by a court as a community control	1337
sanction;	1338

(b) Performance of an operation;to which any one of the	1339
following applies:	1340

(i) The operation requires the administration of deep	1341
sedation or general anesthesia.	1342

(ii) The operation is a procedure that is not typically	1343
performed in an office.	1344

(iii) The individual involved is a health care professional,	1345
and the operation is beyond the scope of practice or the	1346
education, training, and competence, as applicable, of the health	1347
care professional.	1348

(c) Delivery of a baby or any other purposeful termination of	1349
a human pregnancy.	1350

(2) Division (F)(1) of this section does not apply when a	1351
health care professional or health care worker provides medical,	1352
dental, or other health-related diagnosis, care, or treatment that	1353
is necessary to preserve the life of a person in a medical	1354
emergency.	1355

(G)(1) This section does not create a new cause of action or	1356
substantive legal right against a health care professional, health	1357
care worker, nonprofit health care referral organization, or	1358
health care facility or location.	1359

(2) This section does not affect any immunities from civil	1360
liability or defenses established by another section of the	1361
Revised Code or available at common law to which a health care	1362
professional, health care worker, nonprofit health care referral	1363
organization, or health care facility or location may be entitled	1364
in connection with the provision of emergency or other medical,	1365
dental, or other health-related diagnosis, care, or treatment.	1366

(3) This section does not grant an immunity from tort or	1367
other civil liability to a health care professional, health care	1368
worker, nonprofit health care referral organization, or health	1369
care facility or location for actions that are outside the scope	1370
of authority of health care professionals or health care workers.	1371

(4) This section does not affect any legal responsibility of	1372
a health care professional, health care worker, or nonprofit	1373
health care referral organization to comply with any applicable	1374
law of this state or rule of an agency of this state.	1375

(5) This section does not affect any legal responsibility of	1376
a health care facility or location to comply with any applicable	1377
law of this state, rule of an agency of this state, or local code,	1378
ordinance, or regulation that pertains to or regulates building,	1379
housing, air pollution, water pollution, sanitation, health, fire,	1380
zoning, or safety.	1381

Sec. 2305.25. As used in this section and sections 2305.251	1382
to 2305.253 of the Revised Code:	1383

(A)(1) "Health care entity" means an entity, whether acting	1384
on its own behalf or on behalf of or in affiliation with other	1385
health care entities, that conducts as part of its regular	1386
business activities professional credentialing or quality review	1387
activities involving the competence of, professional conduct of,	1388
or quality of care provided by health care providers, including	1389
both individuals who provide health care and entities that provide	1390
health care.	1391

(2) "Health care entity" includes any entity described in	1392
division (A)(1) of this section, regardless of whether it is a	1393
government entity; for-profit or nonprofit corporation; limited	1394
liability company; partnership; professional corporation; state or	1395
local society composed of physicians, dentists, optometrists,	1396
psychologists, or pharmacists; or other health care organization.	1397

(B) "Health insuring corporation" means an entity that holds	1398
a certificate of authority under Chapter 1751. of the Revised	1399
Code. "Health insuring corporation" includes wholly owned	1400
subsidiaries of a health insuring corporation.	1401

(C) "Hospital" means either of the following:

1402

(1) An institution that has been registered or licensed by	1403
the department of health as a hospital;	1404

(2) An entity, other than an insurance company authorized to	1405
do business in this state, that owns, controls, or is affiliated	1406
with an institution that has been registered or licensed by the	1407
department of health as a hospital.	1408

(D) "Incident report or risk management report" means a	1409
report of an incident involving injury or potential injury to a	1410
patient as a result of patient care provided by health care	1411
providers, including both individuals who provide health care and	1412
entities that provide health care, that is prepared by or for the	1413
use of a peer review committee of a health care entity and is	1414
within the scope of the functions of that committee.	1415

(E)(1) "Peer review committee" means a utilization review	1416
committee, quality assessment committee, performance improvement	1417
committee, tissue committee, credentialing committee, or other	1418
committee that does either of the following:	1419

(a) Conducts professional credentialing or quality review	1420
activities involving the competence of, professional conduct of,	1421
or quality of care provided by health care providers, including	1422
both individuals who provide health care and entities that provide	1423
health care;	1424

(b) Conducts any other attendant hearing process initiated as	1425
a result of a peer review committee's recommendations or actions.	1426

(2) "Peer review committee" includes all of the following:

1427

(a) A peer review committee of a hospital or long-term care	1428
facility or a peer review committee of a nonprofit health care	1429
corporation that is a member of the hospital or long-term care	1430
facility or of which the hospital or facility is a member;	1431

(b) A peer review committee of a community mental health	1432
center;	1433

(c) A board or committee of a hospital, a long-term care	1434
facility, or other health care entity when reviewing professional	1435
qualifications or activities of health care providers, including	1436
both individuals who provide health care and entities that provide	1437
health care;	1438

(d) A peer review committee, professional standards review	1439
committee, or arbitration committee of a state or local society	1440
composed of members who are in active practice as physicians,	1441
dentists, optometrists, psychologists, or pharmacists;	1442

(e) A peer review committee of a health insuring corporation	1443
that has at least a two-thirds majority of member physicians in	1444
active practice and that conducts professional credentialing and	1445
quality review activities involving the competence or professional	1446
conduct of health care providers that adversely affects or could	1447
adversely affect the health or welfare of any patient;	1448

(f) A peer review committee of a health insuring corporation	1449
that has at least a two-thirds majority of member physicians in	1450
active practice and that conducts professional credentialing and	1451
quality review activities involving the competence or professional	1452
conduct of a health care facility that has contracted with the	1453
health insuring corporation to provide health care services to	1454
enrollees, which conduct adversely affects, or could adversely	1455
affect, the health or welfare of any patient;	1456

(g) A peer review committee of a sickness and accident	1457
insurer that has at least a two-thirds majority of physicians in	1458
active practice and that conducts professional credentialing and	1459
quality review activities involving the competence or professional	1460
conduct of health care providers that adversely affects or could	1461
adversely affect the health or welfare of any patient;	1462

(h) A peer review committee of a sickness and accident	1463
insurer that has at least a two-thirds majority of physicians in	1464
active practice and that conducts professional credentialing and	1465
quality review activities involving the competence or professional	1466
conduct of a health care facility that has contracted with the	1467
insurer to provide health care services to insureds, which conduct	1468
adversely affects, or could adversely affect, the health or	1469
welfare of any patient;	1470

(i) A peer review committee of any insurer authorized under	1471
Title XXXIX of the Revised Code to do the business of medical	1472
professional liability insurance in this state that conducts	1473
professional quality review activities involving the competence or	1474
professional conduct of health care providers that adversely	1475
affects or could affect the health or welfare of any patient;	1476

(j) A peer review committee of the bureau of workers'	1477
compensation responsible for reviewing the professional	1478
qualifications and the performance of providers conducting medical	1479
examinations or file reviews for the bureau;	1480

(k) Any other peer review committee of a health care entity.

1481

(F) "Physician" means an individual authorized to practice	1482
medicine and surgery, osteopathic medicine and surgery, or	1483
podiatric medicine and surgery.	1484

(G) "Sickness and accident insurer" means an entity	1485
authorized under Title XXXIX of the Revised Code to do the	1486
business of sickness and accident insurance in this state.	1487

(H) "Tort action" means a civil action for damages for	1488
injury, death, or loss to a patient of a health care entity. "Tort	1489
action" includes a product liability claim, as defined in section	1490
2307.71 of the Revised Code, and an asbestos claim, as defined in	1491
section 2307.91 of the Revised Code, but does not include a civil	1492
action for a breach of contract or another agreement between	1493
persons.	1494

Sec. 2305.36. (A) As used in this section:

1495

(1) "Cumulative consumption" means, with respect to a health	1496
condition, any health condition, including, but not limited to,	1497
increased cholesterol, heart disease, or high blood pressure, that	1498
is caused by successive consumption of a qualified product.	1499

(2) "Person engaged in the business" means a person who	1500
manufactures, markets, distributes, advertises, or sells a	1501
qualified product in the regular course of the person's trade or	1502
business.	1503

(3) "Manufacturer" and "supplier" have the same meanings as	1504
in section 2307.71 of the Revised Code.	1505

(4) "Qualified product" means all of the following:

1506

(a) Articles used for food or drink for a human being or	1507
other animal;	1508

(b) Chewing gum;

1509

(c) Articles used for components of any article listed in	1510
division (A)(4)(a) or (b) of this section.	1511

(5) "Seller" means, with respect to a qualified product, a	1512
person lawfully engaged in the business of marketing,	1513
distributing, advertising, or selling the product.	1514

(6) "Trade association" means any association or business	1515
organization that is not operated for profit and in which two or	1516
more members of the trade association are manufacturers,	1517
marketers, distributors, advertisers, or sellers of a qualified	1518
product.	1519

(B) Except as provided in division (D) of this section, no	1520
manufacturer, seller, or supplier of a qualified product and no	1521
trade association is liable for injury, death, or loss to person	1522
or property for damages, is subject to an action for declaratory	1523
judgment, injunctive relief, or declaratory relief, or is	1524
responsible for restitution, damages, or other relief arising out	1525
of, resulting from, or related to cumulative consumption, weight	1526
gain, obesity, or any health condition that is related to	1527
cumulative consumption, weight gain, or obesity.	1528

(C) A party that prevails on a motion to dismiss an action	1529
under division (B) of this section may recover reasonable	1530
attorney's fees and costs that the party incurred in connection	1531
with the motion to dismiss.	1532

(D) The immunity from liability provided in division (B) of	1533
this section does not apply to any of the following if it, alone	1534
or in combination with any of the following, was the predominate	1535
proximate cause of the claim of injury, death, or loss resulting	1536
from cumulative consumption, weight gain, obesity, or any health	1537
condition that is related to cumulative consumption, weight gain,	1538
or obesity:	1539

(1) The misbranding of the qualified product involved;

1540

(2) Any knowing and willful violation of state or federal law	1541
that applies to the qualified product involved;	1542

(3) Any breach of express contract or breach of express	1543
warranty in connection with the purchase of the qualified product	1544
involved.	1545

(E) Nothing in this section shall be construed as creating	1546
any new cause of action for a claim of injury, death, or loss	1547
resulting from a person's cumulative consumption, weight gain,	1548
obesity, or any health condition that is related to cumulative	1549
consumption, weight gain, or obesity.	1550

Sec. 2307.011. As used in Chapters 2307. and 2315. of the	1551
Revised Code:	1552

(A) "Conduct" means actions or omissions.

1553

(B) "Contributory fault" means contributory negligence, other	1554
contributory tortious conduct, comparative negligence, or, except	1555
as provided with respect to product liability claims in section	1556
2307.711 of the Revised Code, express or implied assumption of the	1557
risk.	1558

(C) "Economic loss" means any of the following types of	1559
pecuniary harm:	1560

(1) All wages, salaries, or other compensation lost as a	1561
result of an injury, death, or loss to person or property that is	1562
a subject of a tort action, including wages, salaries, or other	1563
compensation lost as of the date of a judgment and future expected	1564
lost earnings;	1565

(2) All expenditures for medical care or treatment,	1566
rehabilitation services, or other care, treatment, services,	1567
products, or accommodations incurred as a result of an injury,	1568
death, or loss to person that is a subject of a tort action,	1569
including expenditures for those purposes that were incurred as of	1570
the date of a judgment and expenditures for those purposes that,	1571
in the determination of the trier of fact, will be incurred in the	1572
future because of the injury, whether paid by the injured person	1573
or by another person on behalf of the injured person;	1574

(3) All expenditures of a person whose property was injured	1575
or destroyed or of another person on behalf of the person whose	1576
property was injured or destroyed in order to repair or replace	1577
the property;	1578

(4) Any other expenditures incurred as a result of an injury,	1579
death, or loss to person or property that is a subject of a tort	1580
action, except expenditures of the injured person, the person	1581
whose property was injured or destroyed, or another person on	1582
behalf of the injured person or the person whose property was	1583
injured or destroyed in relation to the actual preparation or	1584
presentation of the claim involved.	1585

(D) "Intentional tort claim" means a claim alleging that a	1586
tortfeasor intentionally caused or intentionally contributed to	1587
the injury or loss to person or property or the wrongful death or	1588
that a tortfeasor knew or believed that the injury or loss to	1589
person or property or the wrongful death was substantially certain	1590
to result from the tortfeasor's conduct. As used in sections	1591
2307.22, 2307.711, and 2315.32, and 2315.42 of the Revised Code,	1592
"intentional tort claim" does not include an intentional tort	1593
claim alleged by an employee or the employee's legal	1594
representative against the employee's employer and that arises	1595
from the tortfeasor's conduct that occurs on premises owned,	1596
leased, or supervised by the employer.	1597

(E) "Negligence claim" means a civil action for damages for	1598
injury, death, or loss to person or property to the extent that	1599
the damages are sought or recovered based on allegation or proof	1600
of negligence.	1601

(F) "Noneconomic loss" means nonpecuniary harm that results	1602
from an injury, death, or loss to person that is a subject of a	1603
tort action, including, but not limited to, pain and suffering;	1604
loss of society, consortium, companionship, care, assistance,	1605
attention, protection, advice, guidance, counsel, instruction,	1606
training, or education; mental anguish; and any other intangible	1607
loss.	1608

(G)(F) "Person" has the same meaning as in division (C) of	1609
section 1.59 of the Revised Code and additionally includes a	1610
political subdivision and the state.	1611

(H)(G) "Persons from whom the plaintiff does not seek	1612
recovery in this action" includes, but is not limited to, the	1613
following:	1614

(1) Persons who have entered into a settlement agreement with	1615
the plaintiff;	1616

(2) Persons whom the plaintiff has dismissed from the tort	1617
action without prejudice;	1618

(3) Persons whom the plaintiff has dismissed from the tort	1619
action with prejudice;	1620

(4) Persons who are not a party to the tort action whether or	1621
not that person was or could have been a party to the tort action	1622
if the name of the person has been disclosed prior to trial.	1623

(I)(H) "Plaintiff" includes the person for whom the plaintiff	1624
is legal representative.	1625

(J)(I) "Political subdivision" and "state" have the same	1626
meanings as in section 2744.01 of the Revised Code.	1627

(K)(J) "Tort action" means a civil action for damages for	1628
injury, death, or loss to person or property. "Tort action"	1629
includes a product liability claim, as defined in section 2307.71	1630
of the Revised Code, and an asbestos claim, as defined in section	1631
2307.91 of the Revised Code, but does not include a civil action	1632
for damages for a breach of contract or another agreement between	1633
persons.	1634

(L)(K) "Trier of fact" means the jury or, in a nonjury	1635
action, the court.	1636

Sec. 2307.23. (A) In determining the percentage of tortious	1637
conduct attributable to a party in a tort action under section	1638
2307.22,or sections 2315.32 to 2315.36, or sections 2315.41 to	1639
2315.46 of the Revised Code, the court in a nonjury action shall	1640
make findings of fact, and the jury in a jury action shall return	1641
a general verdict accompanied by answers to interrogatories, that	1642
shall specify all of the following:	1643

(1) The percentage of tortious conduct that proximately	1644
caused the injury or loss to person or property or the wrongful	1645
death that is attributable to the plaintiff and to each party to	1646
the tort action from whom the plaintiff seeks recovery in this	1647
action;	1648

(2) The percentage of tortious conduct that proximately	1649
caused the injury or loss to person or property or the wrongful	1650
death that is attributable to each person from whom the plaintiff	1651
does not seek recovery in this action.	1652

(B) The sum of the percentages of tortious conduct as	1653
determined pursuant to division (A) of this section shall equal	1654
one hundred per cent.	1655

(C) For purposes of division (A)(2) of this section, it is an	1656
affirmative defense for each party to the tort action from whom	1657
the plaintiff seeks recovery in this action that a specific	1658
percentage of the tortious conduct that proximately caused the	1659
injury or loss to person or property or the wrongful death is	1660
attributable to one or more persons from whom the plaintiff does	1661
not seek recovery in this action. Any party to the tort action	1662
from whom the plaintiff seeks recovery in this action may raise an	1663
affirmative defense under this division at any time before the	1664
trial of the action.	1665

Sec. 2307.29.  No provision of sections 2307.25 to 2307.28 of	1666
the Revised Code applies to a negligence or other tort claim to	1667
the extent that sections 2307.22 to 2307.24,or sections 2315.32	1668
to 2315.36, or sections 2315.41 to 2315.46 of the Revised Code	1669
make a party against whom a judgment is entered liable to the	1670
plaintiff only for the proportionate share of that party as	1671
described in those sections.	1672

Sec. 2307.60. (A) Anyone injured in person or property by a	1673
criminal act has, and may recover full damages in, a civil action	1674
unless specifically excepted by law, may recover the costs of	1675
maintaining the civil action and attorney's fees if authorized by	1676
any provision of the Rules of Civil Procedure or another section	1677
of the Revised Code or under the common law of this state, and may	1678
recover punitive or exemplary damages if authorized by section	1679
2315.21 or another section of the Revised Code. No record of a	1680
conviction, unless obtained by confession in open court, shall be	1681
used as evidence in a civil action brought pursuant to division	1682
(A) of this section.	1683

(B)(1) As used in division (B) of this section, "tort action"	1684
means a civil action for damages for injury, death, or loss to	1685
person or property other than a civil action for damages for a	1686
breach of contract or another agreement between persons. "Tort	1687
action" includes, but is not limited to, a product liability	1688
claim, as defined in section 2307.71 of the Revised Code, and an	1689
asbestos claim, as defined in section 2307.91 of the Revised Code,	1690
an action for wrongful death under Chapter 2125. of the Revised	1691
Code, and an action based on derivative claims for relief.	1692

(2) Recovery on a claim for relief in a tort action is barred	1693
to any person or the person's legal representative if the person	1694
has been convicted of or has pleaded guilty to a felony, or to a	1695
misdemeanor that is an offense of violence, arising out of	1696
criminal conduct that was a proximate cause of the injury or loss	1697
for which relief is claimed in the action.	1698

(3) Division (B) of this section does not apply to civil	1699
claims based upon alleged intentionally tortious conduct, alleged	1700
violations of the United States Constitution, or alleged	1701
violations of statutes of the United States pertaining to civil	1702
rights.	1703

Sec. 2307.71. (A) As used in sections 2307.71 to 2307.80 of	1704
the Revised Code:	1705

(A)(1) "Claimant" means either of the following:

1706

(1)(a) A person who asserts a product liability claim or on	1707
whose behalf such a claim is asserted;	1708

(2)(b) If a product liability claim is asserted on behalf of	1709
the surviving spouse, children, parents, or other next of kin of a	1710
decedent or on behalf of the estate of a decedent, whether as a	1711
claim in a wrongful death action under Chapter 2125. of the	1712
Revised Code or as a survivorship claim, whichever of the	1713
following is appropriate:	1714

(a)(i) The decedent, if the reference is to the person who	1715
allegedly sustained harm or economic loss for which, or in	1716
connection with which, compensatory damages or punitive or	1717
exemplary damages are sought to be recovered;	1718

(b)(ii) The personal representative of the decedent or the	1719
estate of the decedent, if the reference is to the person who is	1720
asserting or has asserted the product liability claim.	1721

(B)(2) "Economic loss" means direct, incidental, or	1722
consequential pecuniary loss, including, but not limited to,	1723
damage to the product in question, and nonphysical damage to	1724
property other than that product. Harm is not "economic loss."	1725

(C)(3) "Environment" means navigable waters, surface water,	1726
ground water, drinking water supplies, land surface, subsurface	1727
strata, and air.	1728

(D)(4) "Ethical drug" means a prescription drug that is	1729
prescribed or dispensed by a physician or any other person who is	1730
legally authorized to prescribe or dispense a prescription drug.	1731

(E)(5) "Ethical medical device" means a medical device that	1732
is prescribed, dispensed, or implanted by a physician or any other	1733
person who is legally authorized to prescribe, dispense, or	1734
implant a medical device and that is regulated under the "Federal	1735
Food, Drug, and Cosmetic Act," 52 Stat. 1040, 21 U.S.C. 301-392,	1736
as amended.	1737

(F)(6) "Foreseeable risk" means a risk of harm that satisfies	1738
both of the following:	1739

(1)(a) It is associated with an intended or reasonably	1740
foreseeable use, modification, or alteration of a product in	1741
question;.	1742

(2)(b) It is a risk that the manufacturer in question should	1743
recognize while exercising both of the following:	1744

(a)(i) The attention, perception, memory, knowledge, and	1745
intelligence that a reasonable manufacturer should possess;	1746

(b)(ii) Any superior attention, perception, memory,	1747
knowledge, or intelligence that the manufacturer in question	1748
possesses.	1749

(G)(7) "Harm" means death, physical injury to person, serious	1750
emotional distress, or physical damage to property other than the	1751
product in question. Economic loss is not "harm."	1752

(H)(8) "Hazardous or toxic substances" include, but are not	1753
limited to, hazardous waste as defined in section 3734.01 of the	1754
Revised Code, hazardous waste as specified in the rules of the	1755
director of environmental protection pursuant to division (A) of	1756
section 3734.12 of the Revised Code, hazardous substances as	1757
defined in section 3716.01 of the Revised Code, and hazardous	1758
substances, pollutants, and contaminants as defined in or by	1759
regulations adopted pursuant to the "Comprehensive Environmental	1760
Response, Compensation, and Liability Act of 1980," 94 Stat. 2767,	1761
42 U.S.C. 9601, as amended.	1762

(I)(9) "Manufacturer" means a person engaged in a business to	1763
design, formulate, produce, create, make, construct, assemble, or	1764
rebuild a product or a component of a product.	1765

(J)(10) "Person" has the same meaning as in division (C) of	1766
section 1.59 of the Revised Code and also includes governmental	1767
entities.	1768

(K)(11) "Physician" means a person who is licensed to	1769
practice medicine and surgery or osteopathic medicine and surgery	1770
by the state medical board.	1771

(L)(1)(12)(a) "Product" means, subject to division	1772
(L)(2)(A)(12)(b) of this section, any object, substance, mixture,	1773
or raw material that constitutes tangible personal property and	1774
that satisfies all of the following:	1775

(a)(i) It is capable of delivery itself, or as an assembled	1776
whole in a mixed or combined state, or as a component or	1777
ingredient;.	1778

(b)(ii) It is produced, manufactured, or supplied for	1779
introduction into trade or commerce;.	1780

(c)(iii) It is intended for sale or lease to persons for	1781
commercial or personal use.	1782

(2)(b) "Product" does not include human tissue, blood, or	1783
organs.	1784

(M)(13) "Product liability claim" means a claim that is	1785
asserted in a civil action pursuant to sections 2307.71 to 2307.80	1786
of the Revised Code and that seeks to recover compensatory damages	1787
from a manufacturer or supplier for death, physical injury to	1788
person, emotional distress, or physical damage to property other	1789
than the product in question, that allegedly arose from any of the	1790
following:	1791

(1)(a) The design, formulation, production, construction,	1792
creation, assembly, rebuilding, testing, or marketing of that	1793
product;	1794

(2)(b) Any warning or instruction, or lack of warning or	1795
instruction, associated with that product;	1796

(3)(c) Any failure of that product to conform to any relevant	1797
representation or warranty.	1798

(N)(14) "Representation" means an express representation of a	1799
material fact concerning the character, quality, or safety of a	1800
product.	1801

(O)(1)(15)(a) "Supplier" means, subject to division	1802
(O)(2)(A)(15)(b) of this section, either of the following:	1803

(a)(i) A person that, in the course of a business conducted	1804
for the purpose, sells, distributes, leases, prepares, blends,	1805
packages, labels, or otherwise participates in the placing of a	1806
product in the stream of commerce;	1807

(b)(ii) A person that, in the course of a business conducted	1808
for the purpose, installs, repairs, or maintains any aspect of a	1809
product that allegedly causes harm.	1810

(2)(b) "Supplier" does not include any of the following:

1811

(a)(i) A manufacturer;

1812

(b)(ii) A seller of real property;

1813

(c)(iii) A provider of professional services who, incidental	1814
to a professional transaction the essence of which is the	1815
furnishing of judgment, skill, or services, sells or uses a	1816
product;	1817

(d)(iv) Any person who acts only in a financial capacity with	1818
respect to the sale of a product, or who leases a product under a	1819
lease arrangement in which the selection, possession, maintenance,	1820
and operation of the product are controlled by a person other than	1821
the lessor.	1822

(P)(16) "Unavoidably unsafe" means that, in the state of	1823
technical, scientific, and medical knowledge at the time a product	1824
in question left the control of its manufacturer, an aspect of	1825
that product was incapable of being made safe.	1826

(B) Sections 2307.71 to 2307.80 of the Revised Code are	1827
intended to abrogate all common law product liability causes of	1828
action.	1829

Sec. 2307.711. (A) Subject to divisions (B)(1), (2), and (3)	1830
of this section, sections 2315.32 to 2315.36 of the Revised Code	1831
apply to a product liability claim that is asserted pursuant to	1832
sections 2307.71 to 2307.80 of the Revised Code.	1833

(B)(1) Express or implied assumption of the risk may be	1834
asserted as an affirmative defense to a product liability claim	1835
under sections 2307.71 to 2307.80 of the Revised Code, except that	1836
express or implied assumption of the risk may not be asserted as	1837
an affirmative defense to an intentional tort claim.	1838

(2) Subject to division (B)(3) of this section, if express or	1839
implied assumption of the risk is asserted as an affirmative	1840
defense to a product liability claim under sections 2307.71 to	1841
2307.80 of the Revised Code and if it is determined that the	1842
claimant expressly or impliedly assumed a risk and that the	1843
express or implied assumption of the risk was a direct and	1844
proximate cause of harm for which the claimant seeks to recover	1845
damages, the express or implied assumption of the risk is a	1846
complete bar to the recovery of those damages.	1847

(3) If implied assumption of the risk is asserted as an	1848
affirmative defense to a product liability claim against a	1849
supplier under division (A)(1) of section 2307.78 of the Revised	1850
Code, sections 2315.32 to 2315.36 of the Revised Code are	1851
applicable to that affirmative defense and shall be used to	1852
determine whether the claimant is entitled to recover compensatory	1853
damages based on that claim and the amount of any recoverable	1854
compensatory damages.	1855

Sec. 2307.75.  (A) Subject to divisions (D), (E), and (F) of	1856
this section, a product is defective in design or formulation if	1857
either of the following applies:	1858

(1) When, at the time it left the control of its	1859
manufacturer, the foreseeable risks associated with its design or	1860
formulation as determined pursuant to division (B) of this section	1861
exceeded the benefits associated with that design or formulation	1862
as determined pursuant to division (C) of this section;	1863

(2) It is more dangerous than an ordinary consumer would	1864
expect when used in an intended or reasonably foreseeable manner.	1865

(B) The foreseeable risks associated with the design or	1866
formulation of a product shall be determined by considering	1867
factors including, but not limited to, the following:	1868

(1) The nature and magnitude of the risks of harm associated	1869
with that design or formulation in light of the intended and	1870
reasonably foreseeable uses, modifications, or alterations of the	1871
product;	1872

(2) The likely awareness of product users, whether based on	1873
warnings, general knowledge, or otherwise, of those risks of harm;	1874

(3) The likelihood that that design or formulation would	1875
cause harm in light of the intended and reasonably foreseeable	1876
uses, modifications, or alterations of the product;	1877

(4) The extent to which that design or formulation conformed	1878
to any applicable public or private product standard that was in	1879
effect when the product left the control of its manufacturer;	1880

(5) The extent to which that design or formulation is more	1881
dangerous than a resonably prudent consumer would expect when used	1882
in an intended or reasonably foreseeable manner.	1883

(C) The benefits associated with the design or formulation of	1884
a product shall be determined by considering factors including,	1885
but not limited to, the following:	1886

(1) The intended or actual utility of the product, including	1887
any performance or safety advantages associated with that design	1888
or formulation;	1889

(2) The technical and economic feasibility, when the product	1890
left the control of its manufacturer, of using an alternative	1891
design or formulation;	1892

(3) The nature and magnitude of any foreseeable risks	1893
associated with such an alternative design or formulation.	1894

(D) An ethical drug or ethical medical device is not	1895
defective in design or formulation because some aspect of it is	1896
unavoidably unsafe, if the manufacturer of the ethical drug or	1897
ethical medical device provides adequate warning and instruction	1898
under section 2307.76 of the Revised Code concerning that	1899
unavoidably unsafe aspect.	1900

(E) A product is not defective in design or formulation if	1901
the harm for which the claimant seeks to recover compensatory	1902
damages was caused by an inherent characteristic of the product	1903
which is a generic aspect of the product that cannot be eliminated	1904
without substantially compromising the product's usefulness or	1905
desirability and which is recognized by the ordinary person with	1906
the ordinary knowledge common to the community.	1907

(F) A product is not defective in design or formulation if,	1908
at the time the product left the control of its manufacturer, a	1909
practical and technically feasible alternative design or	1910
formulation was not available that would have prevented the harm	1911
for which the claimant seeks to recover compensatory damages	1912
without substantially impairing the usefulness or intended purpose	1913
of the product, unless the manufacturer acted unreasonably in	1914
introducing the product into trade or commerce.	1915

Sec. 2307.80.  (A) Subject to divisiondivisions (C) and (D)	1916
of this section, punitive or exemplary damages shall not be	1917
awarded against a manufacturer or supplier in question in	1918
connection with a product liability claim unless the claimant	1919
establishes, by clear and convincing evidence, that harm for which	1920
the claimant is entitled to recover compensatory damages in	1921
accordance with section 2307.73 or 2307.78 of the Revised Code was	1922
the result of misconduct of the manufacturer or supplier in	1923
question that manifested a flagrant disregard of the safety of	1924
persons who might be harmed by the product in question. The fact	1925
by itself that a product is defective does not establish a	1926
flagrant disregard of the safety of persons who might be harmed by	1927
that product.	1928

(B) Whether the trier of fact is a jury or the court, if the	1929
trier of fact determines that a manufacturer or supplier in	1930
question is liable for punitive or exemplary damages in connection	1931
with a product liability claim, the amount of those damages shall	1932
be determined by the court. In determining the amount of punitive	1933
or exemplary damages, the court shall consider factors including,	1934
but not limited to, the following:	1935

(1) The likelihood that serious harm would arise from the	1936
misconduct of the manufacturer or supplier in question;	1937

(2) The degree of the awareness of the manufacturer or	1938
supplier in question of that likelihood;	1939

(3) The profitability of the misconduct to the manufacturer	1940
or supplier in question;	1941

(4) The duration of the misconduct and any concealment of it	1942
by the manufacturer or supplier in question;	1943

(5) The attitude and conduct of the manufacturer or supplier	1944
in question upon the discovery of the misconduct and whether the	1945
misconduct has terminated;	1946

(6) The financial condition of the manufacturer or supplier	1947
in question;	1948

(7) The total effect of other punishment imposed or likely to	1949
be imposed upon the manufacturer or supplier in question as a	1950
result of the misconduct, including awards of punitive or	1951
exemplary damages to persons similarly situated to the claimant	1952
and the severity of criminal penalties to which the manufacturer	1953
or supplier in question has been or is likely to be subjected.	1954

(C) If(1) Except as provided in division (C)(2) of this	1955
section, if a claimant alleges in a product liability claim that a	1956
drug or device caused harm to the claimant, the manufacturer of	1957
the drug or device shall not be liable for punitive or exemplary	1958
damages in connection with that product liability claim if the	1959
drug or device that allegedly caused the harm satisfies either of	1960
the following:	1961

(a) It was manufactured and labeled in relevant and material	1962
respects in accordance with the terms of an approval or license	1963
issued by the federal food and drug administration under the	1964
"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21	1965
U.S.C. 301-392, as amended, or the "Public Health Service Act," 58	1966
Stat. 682 (1944), 42 U.S.C. 201-300cc-15, as amended, unless it is	1967
established.	1968

(b) It was an over-the-counter drug marketed pursuant to	1969
federal regulations, was generally recognized as safe and	1970
effective and as not being misbranded pursuant to the applicable	1971
federal regulations, and satisfied in relevant and material	1972
respects each of the conditions contained in the applicable	1973
regulations and each of the conditions contained in an applicable	1974
monograph.	1975

(2) Division (C)(1) of this section does not apply if the	1976
claimant establishes, by a preponderance of the evidence, that the	1977
manufacturer fraudulently and in violation of applicable	1978
regulations of the food and drug administration withheld from the	1979
food and drug administration information known to be material and	1980
relevant to the harm that the claimant allegedly suffered or	1981
misrepresented to the food and drug administration information of	1982
that type. For	1983

(3) For purposes of this division, "drugdivisions (C) and	1984
(D) of this section:	1985

(a) "Drug" has the same meaning given to that termas in the	1986
"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040, 1041	1987
(1938), 21 U.S.C. 321(g)(1), as amended.	1988

(b) "Device" has the same meaning as in the "Federal Food,	1989
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.	1990
321(h), as amended.	1991

(D)(1) If a claimant alleges in a product liability claim	1992
that a product other than a drug or device caused harm to the	1993
claimant, the manufacturer or supplier of the product shall not be	1994
liable for punitive or exemplary damages in connection with the	1995
claim if the manufacturer or supplier fully complied with all	1996
applicable government safety and performance standards, whether or	1997
not designated as such by the government, relative to the	1998
product's manufacture or construction, the product's design or	1999
formulation, adequate warnings or instructions, and	2000
representations when the product left the control of the	2001
manufacturer or supplier, and the claimant's injury results from	2002
an alleged defect of a product's manufacture or construction, the	2003
product's design or formulation, adequate warnings or	2004
instructions, and representations for which there is an applicable	2005
government safety or performance standard.	2006

(2) Division (D)(1) of this section does not apply if the	2007
claimant establishes, by a preponderance of the evidence, that the	2008
manufacturer or supplier of the product other than a drug or	2009
device fraudulently and in violation of applicable government	2010
safety and performance standards, whether or not designated as	2011
such by the government, withheld from an applicable government	2012
agency information known to be material and relevant to the harm	2013
that the claimant allegedly suffered or misrepresented to an	2014
applicable government agency information of that type.	2015

(E) The bifurcated trial provisions of division (B) of	2016
section 2315.21 of the Revised Code, the ceiling on recoverable	2017
punitive or exemplary damages specified in division (D)(1) of that	2018
section, and the provisions of division (D)(3) of that section	2019
apply to awards of punitive or exemplary damages under this	2020
section.	2021

Sec. 2307.97.  (A) As used in this section:

2022

(1) "Asbestos" means chrysotile, amosite, crocidolite,	2023
tremolite asbestos, anthophyllite asbestos, actinolite asbestos,	2024
and any of these minerals that have been chemically treated or	2025
altered.	2026

(2) "Asbestos claim" means any claim, wherever or whenever	2027
made, for damages, losses, indemnification, contribution, or other	2028
relief arising out of, based on, or in any way related to	2029
asbestos. "Asbestos claim" includes any of the following:	2030

(a) A claim made by or on behalf of any person who has been	2031
exposed to asbestos, or any representative, spouse, parent, child,	2032
or other relative of that person, for injury, including mental or	2033
emotional injury, death, or loss to person, risk of disease or	2034
other injury, costs of medical monitoring or surveillance, or any	2035
other effects on the person's health that are caused by the	2036
person's exposure to asbestos;	2037

(b) A claim for damage or loss to property that is caused by	2038
the installation, presence, or removal of asbestos.	2039

(3) "Corporation" means a corporation for profit, including	2040
the following:	2041

(a) A domestic corporation that is organized under the laws	2042
of this state;	2043

(b) A foreign corporation that is organized under laws other	2044
than the laws of this state and that has had a certificate of	2045
authority to transact business in this state or has done business	2046
in this state.	2047

(4) "Successor" means a corporation or a subsidiary of a	2048
corporation that assumes or incurs, or had assumed or incurred,	2049
successor asbestos-related liabilities or had successor	2050
asbestos-related liabilities imposed on it by court order.	2051

(5)(a) "Successor asbestos-related liabilities" means any	2052
liabilities, whether known or unknown, asserted or unasserted,	2053
absolute or contingent, accrued or unaccrued, liquidated or	2054
unliquidated, or due or to become due, if the liabilities are	2055
related in any way to asbestos claims and either of the following	2056
applies:	2057

(i) The liabilities are assumed or incurred by a successor as	2058
a result of or in connection with an asset purchase, stock	2059
purchase, merger, consolidation, or agreement providing for an	2060
asset purchase, stock purchase, merger, or consolidation,	2061
including a plan of merger.	2062

(ii) The liabilities were imposed by court order on a	2063
successor.	2064

(b) "Successor asbestos-related liabilities" includes any	2065
liabilities described in division (A)(5)(a)(i) of this section	2066
that, after the effective date of the asset purchase, stock	2067
purchase, merger, or consolidation, are paid, otherwise	2068
discharged, committed to be paid, or committed to be otherwise	2069
discharged by or on behalf of the successor, or by or on behalf of	2070
a transferor, in connection with any judgment, settlement, or	2071
other discharge of those liabilities in this state or another	2072
jurisdiction.	2073

(6) "Transferor" means a corporation or its shareholders from	2074
which successor asbestos-related liabilities are or were assumed	2075
or incurred by a successor or were imposed by court order on a	2076
successor.	2077

(B) The limitations set forth in division (C) of this section	2078
apply to a corporation that is either of the following:	2079

(1) A successor that became a successor prior to January 1,	2080
1972, if either of the following applies:	2081

(a) In the case of a successor in a stock purchase or an	2082
asset purchase, the successor paid less then fifteen million	2083
dollars for the stock or assets of the transferor.	2084

(b) In the case of a successor in a merger or consolidation,	2085
the fair market value of the total gross assets of the transferor,	2086
at the time of the merger or consolidation, excluding any	2087
insurance of the transferor, was less than fifty million dollars.	2088

(2) Any successor to a prior successor if the prior successor	2089
met the requirements of division (B)(1)(a) or (b) of this section,	2090
whichever is applicable.	2091

(C)(1) Except as otherwise provided in division (C)(2) of	2092
this section, the cumulative successor asbestos-related	2093
liabilities of a corporation shall be limited to either of the	2094
following:	2095

(a) In the case of a corporation that is a successor in a	2096
stock purchase or an asset purchase, the fair market value of the	2097
acquired stock or assets of the transferor, as determined on the	2098
effective date of the stock or asset purchase;	2099

(b) In the case of a corporation that is a successor in a	2100
merger or consolidation, the fair market value of the total gross	2101
assets of the transferor, as determined on the effective date of	2102
the merger or consolidation.	2103

(2)(a) If a transferor had assumed or incurred successor	2104
asbestos-related liabilities in connection with a prior purchase	2105
of assets or stock involving a prior transferor, the fair market	2106
value of the assets or stock purchased from the prior transferor,	2107
determined as of the effective date of the prior purchase of the	2108
assets or stock, shall be substituted for the limitation set forth	2109
in division (C)(1)(a) of this section for the purpose of	2110
determining the limitation of the liability of a corporation.	2111

(b) If a transferor had assumed or incurred successor	2112
asbestos-related liabilities in connection with a merger or	2113
consolidation involving a prior transferor, the fair market value	2114
of the total gross assets of the prior transferor, determined as	2115
of the effective date of the prior merger or consolidation, shall	2116
be substituted for the limitation set forth in division (C)(1)(b)	2117
of this section for the purpose of determining the limitation of	2118
the liability of a corporation.	2119

(3) A corporation described in division (C)(1) or (2) of this	2120
section shall have no responsibility for any successor	2121
asbestos-related liabilities in excess of the limitation of those	2122
liabilities as described in the applicable division.	2123

(D)(1) A corporation may establish the fair market value of	2124
assets, stock, or total gross assets under division (C) of this	2125
section by means of any method that is reasonable under the	2126
circumstances, including by reference to their going-concern	2127
value, to the purchase price attributable to or paid for them in	2128
an arm's length transaction, or, in the absence of other readily	2129
available information from which fair market value can be	2130
determined, to their value recorded on a balance sheet. Assets and	2131
total gross assets shall include intangible assets. A showing by	2132
the successor of a reasonable determination of the fair market	2133
value of assets, stock, or total gross assets is prima-facie	2134
evidence of their fair market value.	2135

(2) For purposes of establishing the fair market value of	2136
total gross assets under division (D)(1) of this section, the	2137
total gross assets include the aggregate coverage under any	2138
applicable liability insurance that was issued to the transferor	2139
the assets of which are being valued for purposes of the	2140
limitations set forth in division (C) of this section, if the	2141
insurance has been collected or is collectable to cover the	2142
successor asbestos-related liabilities involved. Those successor	2143
asbestos-related liabilities do not include any compensation for	2144
any liabilities arising from the exposure of workers to asbestos	2145
solely during the course of their employment by the transferor.	2146
Any settlement of a dispute concerning the insurance coverage	2147
described in this division that is entered into by a transferor or	2148
successor with the insurer of the transferor before the effective	2149
date of this section is determinative of the aggregate coverage of	2150
the liability insurance that is included in the determination of	2151
the transferor's total gross assets.	2152

(3) After a successor has established a reasonable	2153
determination of the fair market value of assets, stock, or total	2154
gross assets under divisions (D)(1) and (2) of this section, a	2155
claimant that disputes that determination of the fair market value	2156
has the burden of establishing a different fair market value.	2157

(4)(a) Subject to divisions (D)(4)(b), (c), and (d) of this	2158
section, the fair market value of assets, stock, or total gross	2159
assets at the time of the asset purchase, stock purchase, merger,	2160
or consolidation increases annually, at a rate equal to the sum of	2161
the following:	2162

(i) The prime rate as listed in the first edition of the wall	2163
street journal published for each calendar year since the	2164
effective date of the asset purchase, stock purchase, merger, or	2165
consolidation, or, if the prime rate is not published in that	2166
edition of the wall street journal, the prime rate as reasonably	2167
determined on the first business day of the year;	2168

(ii) One per cent.

2169

(b) The rate that is determined pursuant to division	2170
(D)(4)(a) of this section shall not be compounded.	2171

(c) The adjustment of the fair market value of assets, stock,	2172
or total gross assets shall continue in the manner described in	2173
division (D)(4)(a) of this section until the adjusted fair market	2174
value is first exceeded by the cumulative amounts of successor	2175
asbestos-related liabilities that are paid or committed to be paid	2176
by or on behalf of a successor or prior transferor, or by or on	2177
behalf of a transferor, after the time of the asset purchase,	2178
stock purchase, merger, or consolidation for which the fair market	2179
value of assets, stock, or total gross assets is determined.	2180

(d) No adjustment of the fair market value of total gross	2181
assets as provided in division (D)(4)(a) of this section shall be	2182
applied to any liability insurance that is otherwise included in	2183
total gross assets as provided in division (D)(2) of this section.	2184

(E)(1) The limitations set forth in division (C) of this	2185
section shall apply to the following:	2186

(a) All asbestos claims, including asbestos claims that are	2187
pending on the effective date of this section, and all litigation	2188
involving asbestos claims, including litigation that is pending on	2189
the effective date of this section;	2190

(b) Successors of a corporation to which this section	2191
applies.	2192

(2) The limitations set forth in division (C) of this section	2193
do not apply to any of the following:	2194

(a) Workers' compensation benefits that are paid by or on	2195
behalf of an employer to an employee pursuant to any provision of	2196
Chapter 4121., 4123., 4127., or 4131. of the Revised Code or	2197
comparable workers' compensation law of another jurisdiction;	2198

(b) Any claim against a successor that does not constitute a	2199
claim for a successor asbestos-related liability;	2200

(c) Any obligations arising under the "National Labor	2201
Relations Act," 49 Stat. 449, 29 U.S.C. 151 et seq., as amended,	2202
or under any collective bargaining agreement;	2203

(d) Any contractual rights to indemnification.

2204

(F) The courts in this state shall apply, to the fullest	2205
extent permissible under the Constitution of the United States,	2206
this state's substantive law, including the provisions of this	2207
section, to the issue of successor asbestos-related liabilities.	2208

Sec. 2315.01. (A) When the jury is sworn, unless for special	2209
reasons the court otherwise directs, the trial shall proceed in	2210
the following order except as provided in section 2315.02 of the	2211
Revised Code:	2212

(A)(1) The plaintiff concisely mustshall state the	2213
plaintiff's claim, and briefly may state the plaintiff's evidence	2214
to sustain it.	2215

(B)(2) The defendant must then briefly shall state the	2216
defendant's defense, and briefly may state the defendant's	2217
evidence in support of it.	2218

(C)(3) The party who would be defeated if no evidence were	2219
offered on either side, first, mustshall produce that party's	2220
evidence, and the adverse party mustshall then produce the	2221
adverse party's evidence.	2222

(D)(4) The parties then shall be confined to rebutting	2223
evidence, unless the court for good reasons,and in the	2224
furtherance of justice, permits them to offer evidence in their	2225
original cases.	2226

(E)(5) When the evidence is concluded, either party may	2227
present written instructions to the court on matters of law and	2228
request them to be given to the jury, which instructions shall be	2229
given or refused by the. The court shall give or refuse to give	2230
the written instructions to the jury before the argument to the	2231
jury is commenced.	2232

(F)(6) The parties then may submit or argue the case to the	2233
jury. The party required first to produce that party's evidence	2234
shall have the opening and closing arguments. If several	2235
defendants, havinghave separate defenses,and appear by different	2236
counsel, the court shall arrange their relative order.	2237

(G)(7) The court, after the argument is concluded,and before	2238
proceeding with other business, shall charge the jury. Any charge	2239
shall be reduced to writing by theThe court shall reduce a charge	2240
to writing if either party, before the argument to the jury is	2241
commenced, requests it. Such charge may be examined by theThe	2242
parties may examine that charge before any closing argument is	2243
made by any of the parties. AIf a charge or instruction, when so	2244
is written and given,as prescribed in this division, the court	2245
shall not be orally qualified, modifiedqualify, modify, or in any	2246
manner explainedexplain the charge or instruction to the jury by	2247
the court. All written charges and instructions shall be taken by	2248
the jurors in their retirement, shall be returned with their	2249
verdict into court, and shall remain on file with the papers of	2250
the case.	2251

(B) In all tort actions, the court shall instruct the jury	2252
regarding the extent to which an award of compensatory damages or	2253
punitive or exemplary damages is or is not subject to taxation	2254
under federal or state income tax laws.	2255

As used in this division, "tort action" means a civil action	2256
for damages for injury, death, or loss to person or property.	2257
"Tort action" includes a product liability claim, as defined in	2258
section 2307.71 of the Revised Code, and an asbestos claim, as	2259
defined in section 2307.91 of the Revised Code, but does not	2260
include a civil action for damages for breach of contract or	2261
another agreement between persons.	2262

Division (B) of this section shall be considered to be purely	2263
remedial in operation and shall be applied in a remedial manner in	2264
any civil action commenced on or after the effective date of this	2265
amendment, in which division (B) of this section is relevant,	2266
regardless of when the cause of action accrued and notwithstanding	2267
any other section of the Revised Code or prior rule of law of this	2268
state, but shall not be construed to apply to any civil action	2269
pending prior to the effective date of this amendment.	2270

Sec. 2315.18.  (A) As used in this section and in section	2271
2315.19 of the Revised Code:	2272

(1) "Asbestos claim" has the same meaning as in section	2273
2307.91 of the Revised Code.	2274

(2) "Economic loss" means any of the following types of	2275
pecuniary harm:	2276

(a) All wages, salaries, or other compensation lost as a	2277
result of an injury or loss to person or property that is a	2278
subject of a tort action;	2279

(b) All expenditures for medical care or treatment,	2280
rehabilitation services, or other care, treatment, services,	2281
products, or accommodations as a result of an injury or loss to	2282
person or property that is a subject of a tort action;	2283

(c) Any other expenditures incurred as a result of an injury	2284
or loss to person or property that is a subject of a tort action,	2285
other than attorney's fees incurred in connection with that	2286
action.	2287

(3) "Medical claim," "dental claim," "optometric claim," and	2288
"chiropractic claim" have the same meanings as in section 2305.113	2289
of the Revised Code.	2290

(4) "Noneconomic loss" means nonpecuniary harm that results	2291
from an injury or loss to person or property that is a subject of	2292
a tort action, including, but not limited to, pain and suffering,	2293
loss of society, consortium, companionship, care, assistance,	2294
attention, protection, advice, guidance, counsel, instruction,	2295
training, or education, disfigurement, mental anguish, and any	2296
other intangible loss.	2297

(5) "Occurrence" means all claims resulting from or arising	2298
out of any one person's bodily injury.	2299

(6) "Product liability claim" has the same meaning as in	2300
section 2307.71 of the Revised Code.	2301

(7) "Tort action" means a civil action for damages for injury	2302
or loss to person or property. "Tort action" includes a civil	2303
action upon a product liability claim or an asbestos claim. "Tort	2304
action" does not include a civil action upon a medical claim,	2305
dental claim, optometric claim, or chiropractic claim or a civil	2306
action for damages for a breach of contract or another agreement	2307
between persons.	2308

(8) "Trier of fact" means the jury or, in a nonjury action,	2309
the court.	2310

(B) In a tort action to recover damages for injury or loss to	2311
person or property, all of the following apply:	2312

(1) There shall not be any limitation on the amount of	2313
compensatory damages that represents the economic loss of the	2314
person who is awarded the damages in the tort action.	2315

(2) Except as otherwise provided in division (B)(3) of this	2316
section, the amount of compensatory damages that represents	2317
damages for noneconomic loss that is recoverable in a tort action	2318
under this section to recover damages for injury or loss to person	2319
or property shall not exceed the greater of two hundred fifty	2320
thousand dollars or an amount that is equal to three times the	2321
economic loss, as determined by the trier of fact, of the	2322
plaintiff in that tort action to a maximum of three hundred fifty	2323
thousand dollars for each plaintiff in that tort action or a	2324
maximum of five hundred thousand dollars for each occurrence that	2325
is the basis of that tort action.	2326

(3) There shall not be any limitation on the amount of	2327
compensatory damages that represents damages for noneconomic loss	2328
that is recoverable in a tort action to recover damages for injury	2329
or loss to person or property if the noneconomic losses of the	2330
plaintiff are for either of the following:	2331

(a) Permanent and substantial physical deformity, loss of use	2332
of a limb, or loss of a bodily organ system;	2333

(b) Permanent physical functional injury that permanently	2334
prevents the injured person from being able to independently care	2335
for self and perform life-sustaining activities.	2336

(C) In determining an award of compensatory damages for	2337
noneconomic loss in a tort action, the trier of fact shall not	2338
consider any of the following:	2339

(1) Evidence of a defendant's alleged wrongdoing, misconduct,	2340
or guilt;	2341

(2) Evidence of the defendant's wealth or financial	2342
resources;	2343

(3) All other evidence that is offered for the purpose of	2344
punishing the defendant, rather than offered for a compensatory	2345
purpose.	2346

(D) If a trial is conducted in a tort action to recover	2347
damages for injury or loss to person or property and a plaintiff	2348
prevails in that action, the court in a nonjury trial shall make	2349
findings of fact, and the jury in a jury trial shall return a	2350
general verdict accompanied by answers to interrogatories, that	2351
shall specify all of the following:	2352

(1) The total compensatory damages recoverable by the	2353
plaintiff;	2354

(2) The portion of the total compensatory damages that	2355
represents damages for economic loss;	2356

(3) The portion of the total compensatory damages that	2357
represents damages for noneconomic loss.	2358

(E)(1) After the trier of fact in a tort action to recover	2359
damages for injury or loss to person or property complies with	2360
division (D) of this section, the court shall enter a judgment in	2361
favor of the plaintiff for compensatory damages for economic loss	2362
in the amount determined pursuant to division (D)(2) of this	2363
section, and, subject to division (F)(1) of this section, the	2364
court shall enter a judgment in favor of the plaintiff for	2365
compensatory damages for noneconomic loss. Except as provided in	2366
division (B)(3) of this section, in no event shall a judgment for	2367
compensatory damages for noneconomic loss exceed the maximum	2368
recoverable amount that represents damages for noneconomic loss as	2369
provided in division (B)(2) of this section. Division (B) of this	2370
section shall be applied in a jury trial only after the jury has	2371
made its factual findings and determination as to the damages.	2372

(2) Prior to the trial in the tort action described in	2373
division (D) of this section, any party may seek summary judgment	2374
with respect to the nature of the alleged injury or loss to person	2375
or property, seeking a determination of the damages as described	2376
in division (B)(2) of this section.	2377

(F)(1) A court of common pleas has no jurisdiction to enter	2378
judgment on an award of compensatory damages for noneconomic loss	2379
in excess of the limits set forth in this section.	2380

(2) If the trier of fact is a jury, the court shall not	2381
instruct the jury with respect to the limit on compensatory	2382
damages for noneconomic loss described in division (B)(2) of this	2383
section, and neither counsel for any party nor a witness shall	2384
inform the jury or potential jurors of that limit.	2385

(G) With respect to a tort action to which division (B)(2) of	2386
this section applies, any excess amount of compensatory damages	2387
for noneconomic loss that is greater than the applicable amount	2388
specified in division (B)(2) of this section shall not be	2389
reallocated to any other tortfeasor beyond the amount of	2390
compensatory damages that the tortfeasor would otherwise be	2391
responsible for under the laws of this state.	2392

(H) This section does not apply to any of the following:

2393

(1) Tort actions that are brought against the state in the	2394
court of claims, including, but not limited to, those actions in	2395
which a state university or college is a defendant and to which	2396
division (B)(3) of section 3345.40 of the Revised Code applies;	2397

(2) Tort actions that are brought against political	2398
subdivisions of this state and that are commenced under or are	2399
subject to Chapter 2744. of the Revised Code. Division (C) of	2400
section 2744.05 of the Revised Code applies to recoverable damages	2401
in those actions.	2402

(3) Wrongful death actions brought pursuant to Chapter 2125.	2403
of the Revised Code.	2404

(I) If the provisions regarding the limits on compensatory	2405
damages for noneconomic loss set forth in division (B)(2) of this	2406
section have been determined to be unconstitutional, then division	2407
(C) of this section and section 2315.19 of the Revised Code shall	2408
govern the determination of an award of compensatory damages for	2409
noneconomic loss in a tort action.	2410

Sec. 2315.19. (A) Upon a post-judgment motion, a trial court	2411
in a tort action shall review the evidence supporting an award of	2412
compensatory damages for noneconomic loss that the defendant has	2413
challenged as excessive. That review shall include, but is not	2414
limited to, the following factors:	2415

(1) Whether the evidence presented or the arguments of the	2416
attorneys resulted in one or more of the following events in the	2417
determination of an award of compensatory damages for noneconomic	2418
loss:	2419

(a) It inflamed the passion or prejudice of the trier of	2420
fact.	2421

(b) It resulted in the improper consideration of the wealth	2422
of the defendant.	2423

(c) It resulted in the improper consideration of the	2424
misconduct of the defendant so as to punish the defendant	2425
improperly or in circumvention of the limitation on punitive or	2426
exemplary damages as provided in section 2315.21 of the Revised	2427
Code.	2428

(2) Whether the verdict is in excess of verdicts involving	2429
comparable injuries to similarly situated plaintiffs;	2430

(3) Whether there were any extraordinary circumstances in the	2431
record to account for an award of compensatory damages for	2432
noneconomic loss in excess of what was granted by courts to	2433
similarly situated plaintiffs, with consideration given to the	2434
type of injury, the severity of the injury, and the plaintiff's	2435
age at the time of the injury.	2436

(B) A trial court upholding an award of compensatory damages	2437
for noneconomic loss that a party has challenged as inadequate or	2438
excessive shall set forth in writing its reasons for upholding the	2439
award.	2440

(C) An appellate court shall use a de novo standard of review	2441
when considering an appeal of an award of compensatory damages for	2442
noneconomic loss on the grounds that the award is inadequate or	2443
excessive.	2444

Sec. 2315.20.  (A) In any tort action, the defendant may	2445
introduce evidence of any amount payable as a benefit to the	2446
plaintiff as a result of the damages that result from an injury,	2447
death, or loss to person or property that is the subject of the	2448
claim upon which the action is based, except if the source of	2449
collateral benefits has a mandatory self-effectuating federal	2450
right of subrogation, a contractual right of subrogation, or a	2451
statutory right of subrogation or if the source pays the plaintiff	2452
a benefit that is in the form of a life insurance payment or a	2453
disability payment. However, evidence of the life insurance	2454
payment or disability payment may be introduced if the plaintiff's	2455
employer paid for the life insurance or disability policy, and the	2456
employer is a defendant in the tort action.	2457

(B) If the defendant elects to introduce evidence described	2458
in division (A) of this section, the plaintiff may introduce	2459
evidence of any amount that the plaintiff has paid or contributed	2460
to secure the plaintiff's right to receive the benefits of which	2461
the defendant has introduced evidence.	2462

(C) A source of collateral benefits of which evidence is	2463
introduced pursuant to division (A) of this section shall not	2464
recover any amount against the plaintiff nor shall it be	2465
subrogated to the rights of the plaintiff against a defendant.	2466

(D) As used in this section:

2467

(1) "Tort action" means a civil action for damages for	2468
injury, death, or loss to person or property. "Tort action"	2469
includes a civil action upon a product liability claim and an	2470
asbestos claim. "Tort action" does not include a civil action upon	2471
a medical claim, dental claim, optometric claim, or chiropractic	2472
claim or a civil action for damages for a breach of contract or	2473
another agreement between persons.	2474

(2) "Medical claim," "dental claim," "optometric claim," and	2475
"chiropractic claim" have the same meanings as in section 2305.113	2476
of the Revised Code.	2477

(3) "Product liability claim" has the same meaning as in	2478
section 2307.71 of the Revised Code.	2479

(4) "Asbestos claim" has the same meaning as in section	2480
2307.91 of the Revised Code.	2481

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

2482

(1) "Tort action" means a civil action for damages for injury	2483
or loss to person or property. "Tort action" includes a product	2484
liability claim for damages for injury or loss to person or	2485
property that is subject to sections 2307.71 to 2307.80 of the	2486
Revised Code, but does not include a civil action for damages for	2487
a breach of contract or another agreement between persons.	2488

(2) "Trier of fact" means the jury or, in a nonjury action,	2489
the court.	2490

(3) "Home" has the same meaning as in section 3721.10 of the	2491
Revised Code.	2492

(4) "Employer" includes, but is not limited to, a parent,	2493
subsidiary, affiliate, division, or department of the employer. If	2494
the employer is an individual, the individual shall be considered	2495
an employer under this section only if the subject of the tort	2496
action is related to the individual's capacity as an employer.	2497

(5) "Small employer" means an employer who employs not more	2498
than one hundred persons on a full-time permanent basis, or, if	2499
the employer is classified as being in the manufacturing sector by	2500
the North American industrial classification system, "small	2501
employer" means an employer who employs not more than five hundred	2502
persons on a full-time permanent basis.	2503

(B)(1) In a tort action that is tried to a jury and in which	2504
a plaintiff makes a claim for compensatory damages and a claim for	2505
punitive or exemplary damages, upon the motion of any party, the	2506
trial of the tort action shall be bifurcated as follows:	2507

(a) The initial stage of the trial shall relate only to the	2508
presentation of evidence, and a determination by the jury, with	2509
respect to whether the plaintiff is entitled to recover	2510
compensatory damages for the injury or loss to person or property	2511
from the defendant. During this stage, no party to the tort action	2512
shall present, and the court shall not permit a party to present,	2513
evidence that relates solely to the issue of whether the plaintiff	2514
is entitled to recover punitive or exemplary damages for the	2515
injury or loss to person or property from the defendant.	2516

(b) If the jury determines in the initial stage of the trial	2517
that the plaintiff is entitled to recover compensatory damages for	2518
the injury or loss to person or property from the defendant,	2519
evidence may be presented in the second stage of the trial, and a	2520
determination by that jury shall be made, with respect to whether	2521
the plaintiff additionally is entitled to recover punitive or	2522
exemplary damages for the injury or loss to person or property	2523
from the defendant.	2524

(2) In a tort action that is tried to a jury and in which a	2525
plaintiff makes a claim for both compensatory damages and punitive	2526
or exemplary damages, the court shall instruct the jury to return,	2527
and the jury shall return, a general verdict and, if that verdict	2528
is in favor of the plaintiff, answers to an interrogatory that	2529
specifies the total compensatory damages recoverable by the	2530
plaintiff from each defendant.	2531

(3) In a tort action that is tried to a court and in which a	2532
plaintiff makes a claim for both compensatory damages and punitive	2533
or exemplary damages, the court shall make its determination with	2534
respect to whether the plaintiff is entitled to recover	2535
compensatory damages for the injury or loss to person or property	2536
from the defendant and, if that determination is in favor of the	2537
plaintiff, shall make findings of fact that specify the total	2538
compensatory damages recoverable by the plaintiff from the	2539
defendant.	2540

(C) Subject to division (D)(E) of this section, punitive or	2541
exemplary damages are not recoverable from a defendant in question	2542
in a tort action unless both of the following apply:	2543

(1) The actions or omissions of that defendant demonstrate	2544
malice,or aggravated or egregious fraud, oppression, or insult,	2545
or that defendant as principal or master knowingly authorized,	2546
participated in, or ratified actions or omissions of an agent or	2547
servant that so demonstrate.	2548

(2) The trier of fact has returned a verdict or has made a	2549
determination pursuant to division (B)(2) or (3) of this section	2550
of the total compensatory damages recoverable by the plaintiff in	2551
question has adduced proof of actual damages that resulted from	2552
actions or omissions as described in division (B)(1) of this	2553
sectionfrom that defendant.	2554

(C)(D)(1) In a tort action, the trier of fact shall determine	2555
the liability of any defendant for punitive or exemplary damages	2556
and the amount of those damages.	2557

(2) Except as provided in division (D)(6) of this section,	2558
all of the following apply regarding any award of punitive or	2559
exemplary damages in a tort action:	2560

(a) The court shall not enter judgment for punitive or	2561
exemplary damages in excess of two times the amount of the	2562
compensatory damages awarded to the plaintiff from that defendant,	2563
as determined pursuant to division (B)(2) or (3) of this section.	2564

(b) If the defendant is a small employer or individual, the	2565
court shall not enter judgment for punitive or exemplary damages	2566
in excess of the lesser of two times the amount of the	2567
compensatory damages awarded to the plaintiff from the defendant	2568
or ten percent of the employer's or individual's net worth when	2569
the tort was committed up to a maximum of three hundred fifty	2570
thousand dollars, as determined pursuant to division (B)(2) or (3)	2571
of this section.	2572

(c) Any attorneys fees awarded as a result of a claim for	2573
punitive or exemplary damages shall not be considered for purposes	2574
of determining the cap on punitive damages.	2575

(3) No award of prejudgment interest under division (C)(1) of	2576
section 1343.03 of the Revised Code shall include any prejudgment	2577
interest on punitive or exemplary damages found by the trier of	2578
fact.	2579

(4) In a tort action, the burden of proof shall be upon a	2580
plaintiff in question, by clear and convincing evidence, to	2581
establish that the plaintiff is entitled to recover punitive or	2582
exemplary damages.	2583

(5)(a) In any tort action, except as provided in division	2584
(D)(5)(b) or (6) of this section, punitive or exemplary damages	2585
shall not be awarded against a defendant if that defendant files	2586
with the court a certified judgment, judgment entries, or other	2587
evidence showing that punitive or exemplary damages have already	2588
been awarded and have been collected, in any state or federal	2589
court, against that defendant based on the same act or course of	2590
conduct that is alleged to have caused the injury or loss to	2591
person or property for which the plaintiff seeks compensatory	2592
damages and that the aggregate of those previous punitive or	2593
exemplary damage awards exceeds the maximum amount of punitive or	2594
exemplary damages that may be awarded under division (D)(2) of	2595
this section against that defendant in the tort action.	2596

(b) Notwithstanding division (D)(5)(a) of this section and	2597
except as provided in division (D)(6) of this section, punitive or	2598
exemplary damages may be awarded against a defendant in either of	2599
the following types of tort actions:	2600

(i) In subsequent tort actions involving the same act or	2601
course of conduct for which punitive or exemplary damages have	2602
already been awarded, if the court determines by clear and	2603
convincing evidence that the plaintiff will offer new and	2604
substantial evidence of previously undiscovered, additional	2605
behavior of a type described in division (C) of this section on	2606
the part of that defendant, other than the injury or loss for	2607
which the plaintiff seeks compensatory damages. In that case, the	2608
court shall make specific findings of fact in the record to	2609
support its conclusion. The court shall reduce the amount of any	2610
punitive or exemplary damages otherwise awardable pursuant to this	2611
section by the sum of the punitive or exemplary damages awards	2612
previously rendered against that defendant in any state or federal	2613
court. The court shall not inform the jury about the court's	2614
determination and action under division (D)(5)(b)(i) of this	2615
section.	2616

(ii) In subsequent tort actions involving the same act or	2617
course of conduct for which punitive or exemplary damages have	2618
already been awarded, if the court determines by clear and	2619
convincing evidence that the total amount of prior punitive or	2620
exemplary damages awards was totally insufficient to punish that	2621
defendant's behavior of a type described in division (C) of this	2622
section and to deter that defendant and others from similar	2623
behavior in the future. In that case, the court shall make	2624
specific findings of fact in the record to support its conclusion.	2625
The court shall reduce the amount of any punitive or exemplary	2626
damages otherwise awardable pursuant to this section by the sum of	2627
the punitive or exemplary damages awards previously rendered	2628
against that defendant in any state or federal court. The court	2629
shall not inform the jury about the court's determination and	2630
action under division (D)(5)(b)(ii) of this section.	2631

(6) Division (D)(2) of this section does not apply to a tort	2632
action where the alleged injury, death, or loss to person or	2633
property resulted from the defendant acting with one or more of	2634
the culpable mental states of purposely and knowingly as described	2635
in section 2901.22 of the Revised Code and when the defendant has	2636
been convicted of or pleaded guilty to a criminal offense that is	2637
a felony, that had as an element of the offense one or more of the	2638
culpable mental states of purposely and knowingly as described in	2639
that section, and that is the basis of the tort action.	2640

(D)(E) This section does not apply to tort actions against	2641
the state in the court of claims, including, but not limited to,	2642
tort actions against a state university or college that are	2643
subject to division (B)(1) of section 3345.40 of the Revised Code,	2644
to tort actions against political subdivisions of this state that	2645
are commenced under or are subject to Chapter 2744. of the Revised	2646
Code, or to the extent that another section of the Revised Code	2647
expressly provides any of the following:	2648

(1) Punitive or exemplary damages are recoverable from a	2649
defendant in question in a tort action on a basis other than that	2650
the actions or omissions of that defendant demonstrate malice,or	2651
aggravated or egregious fraud, oppression, or insult, or on a	2652
basis other than that the defendant in question as principal or	2653
master knowingly authorized, participated in, or ratified actions	2654
or omissions of an agent or servant that so demonstrate.	2655

(2) Punitive or exemplary damages are recoverable from a	2656
defendant in question in a tort action irrespective of whether the	2657
plaintiff in question has adduced proof of actual damages.	2658

(3) The burden of proof upon a plaintiff in question to	2659
recover punitive or exemplary damages from a defendant in question	2660
in a tort action is one other than clear and convincing evidence.	2661

(4) Punitive or exemplary damages are not recoverable from a	2662
defendant in question in a tort action.	2663

(E)(F) If the trier of fact is a jury, the court shall not	2664
instruct the jury with respect to the limits on punitive or	2665
exemplary damages pursuant to division (D) of this section, and	2666
neither counsel for any party or a witness shall inform the jury	2667
or potential jurors of those limits.	2668

(G) When determining the amount of an award of punitive or	2669
exemplary damages against either a home or a residential facility	2670
licensed under section 5123.19 of the Revised Code, the trier of	2671
fact shall consider all of the following:	2672

(1) The ability of the home or residential facility to pay	2673
the award of punitive or exemplary damages based on the home's or	2674
residential facility's assets, income, and net worth;	2675

(2) Whether the amount of punitive or exemplary damages is	2676
sufficient to deter future tortious conduct;	2677

(3) The financial ability of the home or residential	2678
facility, both currently and in the future, to provide	2679
accommodations, personal care services, and skilled nursing care.	2680

Sec. 2315.32. (A) Sections 2315.32 to 2315.36 of the Revised	2681
Code do not apply to tort actions based on a product liability	2682
claimdescribed in section 4113.03 of the Revised Code.	2683

(B) The contributory fault of the plaintiff may be asserted	2684
as an affirmative defense to a negligence claim or to a tort claim	2685
other than a negligence claim, except that the contributory fault	2686
of the plaintiff may not be asserted as an affirmative defense to	2687
an intentional tort claim.	2688

Sec. 2315.33. The contributory fault of a person does not bar	2689
the person as plaintiff from recovering damages that have directly	2690
and proximately resulted from the tortious conduct of one or more	2691
other persons, if the contributory fault of the plaintiff was not	2692
greater than the combined tortious conduct of all other persons	2693
from whom the plaintiff seeks recovery in this action and of all	2694
other persons from whom the plaintiff does not seek recovery in	2695
this action. The court shall diminish any compensatory damages	2696
recoverable by the plaintiff by an amount that is proportionately	2697
equal to the percentage of tortious conduct of the plaintiff as	2698
determined pursuant to section 2315.34 of the Revised Code. This	2699
section does not apply to actions described in section 4113.03 of	2700
the Revised Code.	2701

Sec. 2315.34. If contributory fault is asserted and	2702
established as an affirmative defense to a negligencetort claim,	2703
the court in a nonjury action shall make findings of fact, and the	2704
jury in a jury action shall return a general verdict accompanied	2705
by answers to interrogatories, that shall specify the following:	2706

(A) The total amount of the compensatory damages that would	2707
have been recoverable on that negligencetort claim but for the	2708
tortious conduct of the plaintiff;	2709

(B) The portion of the compensatory damages specified under	2710
division (A) of this section that represents economic loss;	2711

(C) The portion of the compensatory damages specified under	2712
division (A) of this section that represents noneconomic loss;	2713

(D) The percentage of tortious conduct attributable to all	2714
persons as determined pursuant to section 2307.23 of the Revised	2715
Code.	2716

Sec. 2315.36. If contributory fault is asserted as an	2717
affirmative defense to a negligencetort claim, if it is	2718
determined that the plaintiff was contributorily at fault and that	2719
contributory fault was a direct and proximate cause of the injury,	2720
death, or loss to person or property that is the subject of the	2721
tort action, and if the plaintiff is entitled to recover	2722
compensatory damages pursuant to section 2315.33 of the Revised	2723
Code from more than one party, after it makes findings of fact or	2724
after the jury returns its general verdict accompanied by answers	2725
to interrogatories as described in section 2315.34 of the Revised	2726
Code, the court shall enter a judgment that is in favor of the	2727
plaintiff and that imposes liability pursuant to section 2307.22	2728
of the Revised Code.	2729

Sec. 2323.44. (A) There is hereby created the Ohio	2730
subrogation rights commission consisting of six voting members and	2731
seven nonvoting members. To be eligible for appointment as a	2732
voting member, a person shall be a current member of the general	2733
assembly. The president of the senate and the speaker of the house	2734
of representatives shall jointly appoint six members. The chairman	2735
of the senate committee to which bills pertaining to insurance are	2736
referred shall be a member of the commission. The chairman of the	2737
house committee to which bills pertaining to insurance are	2738
referred shall be a member of the commission. The chairman and the	2739
ranking minority member of the senate committee to which bills	2740
pertaining to civil justice are referred shall each be a member of	2741
the commission. The chairman and the ranking minority member of	2742
the house committee to which bills pertaining to civil justice are	2743
referred shall each be a member of the commission. Of the six	2744
members jointly appointed by the president of the senate and the	2745
speaker of the house of representative, one shall represent a	2746
health insuring company doing business in the state of Ohio, one	2747
shall represent a public employees union in Ohio, one shall	2748
represent the Ohio academy of trial lawyers, one shall represent a	2749
property and casualty insurance company doing business in Ohio,	2750
one shall represent the Ohio state bar association, and one shall	2751
represent a sickness and accident insurer doing business in Ohio,	2752
and all shall have expertise in insurance law, including	2753
subrogation rights. A member of the Ohio judicial conference who	2754
is an elected or appointed judge shall be a member of the	2755
commission.	2756

(B) The commission shall do all of the following:

2757

(1) Investigate the problems posed by, and the issues	2758
surrounding, the N. Buckeye Educ. Council Group Health Benefits	2759
Plan v. Lawson (2004), 103 Ohio St. 3d 188 decision regarding	2760
subrogation;	2761

(2) Prepare a report of recommended legislative solutions to	2762
the court decision referred to in division (B)(1) of this section;	2763

(3) Submit a report of its findings to the members of the	2764
general assembly not later then September 1, 2005.	2765

(C) Any vacancy in the membership of the commission shall be	2766
filled in the same manner in which the original appointment was	2767
made.	2768

(D) The chairpersons of the house and senate committees to	2769
which bills pertaining to insurance are referred shall jointly	2770
call the first meeting of the commission not later than May 1,	2771
2005. The first meeting shall be organizational, and the members	2772
of the commission shall determine the chairperson from among	2773
commission members by a majority vote.	2774

(E) The legislative service commission shall provide any	2775
technical, professional, and clerical employees that are necessary	2776
for the commission to perform its duties.	2777

Sec. 2323.51.  (A) As used in this section:

2778

(1) "Conduct" means any of the following:

2779

(a) The filing of a civil action, the assertion of a claim,	2780
defense, or other position in connection with a civil action, the	2781
filing of a pleading, motion, or other paper in a civil action,	2782
including, but not limited to, a motion or paper filed for	2783
discovery purposes, or the taking of any other action in	2784
connection with a civil action;	2785

(b) The filing by an inmate of a civil action or appeal	2786
against a government entity or employee, the assertion of a claim,	2787
defense or other position in connection with a civil action of	2788
that nature or the assertion of issues of law in an appeal of that	2789
nature, or the taking of any other action in connection with a	2790
civil action or appeal of that nature.	2791

(2) "Frivolous conduct" means either of the following:

2792

(a) Conduct of an inmate or other party to a civil action, of	2793
an inmate who has filed an appeal of the type described in	2794
division (A)(1)(b) of this section, or of the inmate's or other	2795
party's counsel of record that satisfies eitherany of the	2796
following:	2797

(i) It obviously serves merely to harass or maliciously	2798
injure another party to the civil action or appeal or is for	2799
another improper purpose, including, but not limited to, causing	2800
unnecessary delay or a needless increase in the cost of	2801
litigation.	2802

(ii) It is not warranted under existing law and, cannot be	2803
supported by a good faith argument for an extension, modification,	2804
or reversal of existing law, or cannot be supported by a good	2805
faith argument for the establishment of new law.	2806

(iii) The conduct consists of allegations or other factual	2807
contentions that have no evidentiary support or, if specifically	2808
so identified, are not likely to have evidentiary support after a	2809
reasonable opportunity for further investigation or discovery.	2810

(iv) The conduct consists of denials or factual contentions	2811
that are not warranted by the evidence or, if specifically so	2812
identified, are not reasonably based on a lack of information or	2813
belief.	2814

(b) An inmate's commencement of a civil action or appeal	2815
against a government entity or employee when any of the following	2816
applies:	2817

(i) The claim that is the basis of the civil action fails to	2818
state a claim or the issues of law that are the basis of the	2819
appeal fail to state any issues of law.	2820

(ii) It is clear that the inmate cannot prove material facts	2821
in support of the claim that is the basis of the civil action or	2822
in support of the issues of law that are the basis of the appeal.	2823

(iii) The claim that is the basis of the civil action is	2824
substantially similar to a claim in a previous civil action	2825
commenced by the inmate or the issues of law that are the basis of	2826
the appeal are substantially similar to issues of law raised in a	2827
previous appeal commenced by the inmate, in that the claim that is	2828
the basis of the current civil action or the issues of law that	2829
are the basis of the current appeal involve the same parties or	2830
arise from the same operative facts as the claim or issues of law	2831
in the previous civil action or appeal.	2832

(3) "Civil action or appeal against a government entity or	2833
employee," "inmate," "political subdivision," and "employee" have	2834
the same meanings as in section 2969.21 of the Revised Code.	2835

(4) "Reasonable attorney's fees" or "attorney's fees," when	2836
used in relation to a civil action or appeal against a government	2837
entity or employee, includes both of the following, as applicable:	2838

(a) The approximate amount of the compensation, and the	2839
fringe benefits, if any, of the attorney general, an assistant	2840
attorney general, or special counsel appointed by the attorney	2841
general that has been or will be paid by the state in connection	2842
with the legal services that were rendered by the attorney	2843
general, assistant attorney general, or special counsel in the	2844
civil action or appeal against the government entity or employee,	2845
including, but not limited to, a civil action or appeal commenced	2846
pro se by an inmate, and that were necessitated by frivolous	2847
conduct of an inmate represented by counsel of record, the counsel	2848
of record of an inmate, or a pro se inmate.	2849

(b) The approximate amount of the compensation, and the	2850
fringe benefits, if any, of a prosecuting attorney or other chief	2851
legal officer of a political subdivision, or an assistant to a	2852
chief legal officer of those natures, who has been or will be paid	2853
by a political subdivision in connection with the legal services	2854
that were rendered by the chief legal officer or assistant in the	2855
civil action or appeal against the government entity or employee,	2856
including, but not limited to, a civil action or appeal commenced	2857
pro se by an inmate, and that were necessitated by frivolous	2858
conduct of an inmate represented by counsel of record, the counsel	2859
of record of an inmate, or a pro se inmate.	2860

(5) "State" has the same meaning as in section 2743.01 of the	2861
Revised Code.	2862

(6) "State correctional institution" has the same meaning as	2863
in section 2967.01 of the Revised Code.	2864

(B)(1) Subject to divisions (B)(2) and (3), (C), and (D) of	2865
this section and except as otherwise provided in division	2866
(E)(2)(b) of section 101.15 or division (I)(2)(b) of section	2867
121.22 of the Revised Code, at any time prior to the commencement	2868
of the trial in a civil action or within twenty-one days after the	2869
entry of judgment in a civil action or at any time prior to the	2870
hearing in an appeal of the type described in division (A)(1)(b)	2871
of this section that is filed by an inmate or within twenty-one	2872
days after the entry of judgment in an appeal of that nature, the	2873
courtnot more than thirty days after the entry of final judgment	2874
in a civil action or appeal, any party adversely affected by	2875
frivolous conduct may file a motion for an award of court costs,	2876
reasonable attorney's fees, and other reasonable expenses incurred	2877
in connection with the civil action or appeal to any party to the	2878
civil action or appeal who was adversely affected by frivolous	2879
conduct. The court may assess and make an award may be assessedto	2880
any party to the civil action or appeal who was adversely affected	2881
by frivolous conduct, as provided in division (B)(4) of this	2882
section.	2883

(2) An award may be made pursuant to division (B)(1) of this	2884
section upon the motion of a party to a civil action or an appeal	2885
of the type described in that division or on the court's own	2886
initiative, but only after the court does all of the following:	2887

(a) Sets a date for a hearing to be conducted in accordance	2888
with division (B)(2)(c) of this section, to determine whether	2889
particular conduct was frivolous, to determine, if the conduct was	2890
frivolous, whether any party was adversely affected by it, and to	2891
determine, if an award is to be made, the amount of that award;	2892

(b) Gives notice of the date of the hearing described in	2893
division (B)(2)(a) of this section to each party or counsel of	2894
record who allegedly engaged in frivolous conduct and to each	2895
party who allegedly was adversely affected by frivolous conduct;	2896

(c) Conducts the hearing described in division (B)(2)(a) of	2897
this section in accordance with this division, allows the parties	2898
and counsel of record involved to present any relevant evidence at	2899
the hearing, including evidence of the type described in division	2900
(B)(5) of this section, determines that the conduct involved was	2901
frivolous and that a party was adversely affected by it, and then	2902
determines the amount of the award to be made. If any party or	2903
counsel of record who allegedly engaged in or allegedly was	2904
adversely affected by frivolous conduct is confined in a state	2905
correctional institution or in a county, multicounty, municipal,	2906
municipal-county, or multicounty-municipal jail or workhouse, the	2907
court, if practicable, may hold the hearing by telephone or, in	2908
the alternative, at the institution, jail, or workhouse in which	2909
the party or counsel is confined.	2910

(3) The amount of an award made pursuant to division (B)(1)	2911
of this section that represents reasonable attorney's fees shall	2912
not exceed, and may be equal to or less than, whichever of the	2913
following is applicable:	2914

(a) If the party is being represented on a contingent fee	2915
basis, an amount that corresponds to reasonable fees that would	2916
have been charged for legal services had the party been	2917
represented on an hourly fee basis or another basis other than a	2918
contingent fee basis;	2919

(b) In all situations other than that described in division	2920
(B)(3)(a) of this section, the attorney's fees that were	2921
reasonably incurred by a party.	2922

(4) An award made pursuant to division (B)(1) of this section	2923
may be made against a party, the party's counsel of record, or	2924
both.	2925

(5)(a) In connection with the hearing described in division	2926
(B)(2)(a) of this section, each party who may be awarded	2927
reasonable attorney's fees and the party's counsel of record may	2928
submit to the court or be ordered by the court to submit to it,	2929
for consideration in determining the amount of the reasonable	2930
attorney's fees, an itemized list or other evidence of the legal	2931
services rendered, the time expended in rendering the services,	2932
and whichever of the following is applicable:	2933

(i) If the party is being represented by that counsel on a	2934
contingent fee basis, the reasonable attorney's fees that would	2935
have been associated with those services had the party been	2936
represented by that counsel on an hourly fee basis or another	2937
basis other than a contingent fee basis;	2938

(ii) In all situations other than those described in division	2939
(B)(5)(a)(i) of this section, the attorney's fees associated with	2940
those services.	2941

(b) In connection with the hearing described in division	2942
(B)(2)(a) of this section, each party who may be awarded court	2943
costs and other reasonable expenses incurred in connection with	2944
the civil action or appeal may submit to the court or be ordered	2945
by the court to submit to it, for consideration in determining the	2946
amount of the costs and expenses, an itemized list or other	2947
evidence of the costs and expenses that were incurred in	2948
connection with that action or appeal and that were necessitated	2949
by the frivolous conduct, including, but not limited to, expert	2950
witness fees and expenses associated with discovery.	2951

(C) An award of reasonable attorney's fees under this section	2952
does not affect or determine the amount of or the manner of	2953
computation of attorney's fees as between an attorney and the	2954
attorney's client.	2955

(D) This section does not affect or limit the application of	2956
any provision of the Rules of Civil Procedure, the Rules of	2957
Appellate Procedure, or another court rule or section of the	2958
Revised Code to the extent that the provision prohibits an award	2959
of court costs, attorney's fees, or other expenses incurred in	2960
connection with a particular civil action or appeal or authorizes	2961
an award of court costs, attorney's fees, or other expenses	2962
incurred in connection with a particular civil action or appeal in	2963
a specified manner, generally, or subject to limitations.	2964

Sec. 2505.02.  (A) As used in this section:

2965

(1) "Substantial right" means a right that the United States	2966
Constitution, the Ohio Constitution, a statute, the common law, or	2967
a rule of procedure entitles a person to enforce or protect.	2968

(2) "Special proceeding" means an action or proceeding that	2969
is specially created by statute and that prior to 1853 was not	2970
denoted as an action at law or a suit in equity.	2971

(3) "Provisional remedy" means a proceeding ancillary to an	2972
action, including, but not limited to, a proceeding for a	2973
preliminary injunction, attachment, discovery of privileged	2974
matter, suppression of evidence, or a prima-facie showing pursuant	2975
to section 2307.85 or 2307.86 of the Revised Code, a prima-facie	2976
showing pursuant to section 2307.92 of the Revised Code, or a	2977
finding made pursuant to division (A)(3) of section 2307.93 of the	2978
Revised Code.	2979

(B) An order is a final order that may be reviewed, affirmed,	2980
modified, or reversed, with or without retrial, when it is one of	2981
the following:	2982

(1) An order that affects a substantial right in an action	2983
that in effect determines the action and prevents a judgment;	2984

(2) An order that affects a substantial right made in a	2985
special proceeding or upon a summary application in an action	2986
after judgment;	2987

(3) An order that vacates or sets aside a judgment or grants	2988
a new trial;	2989

(4) An order that grants or denies a provisional remedy and	2990
to which both of the following apply:	2991

(a) The order in effect determines the action with respect to	2992
the provisional remedy and prevents a judgment in the action in	2993
favor of the appealing party with respect to the provisional	2994
remedy.	2995

(b) The appealing party would not be afforded a meaningful or	2996
effective remedy by an appeal following final judgment as to all	2997
proceedings, issues, claims, and parties in the action.	2998

(5) An order that determines that an action may or may not be	2999
maintained as a class action;	3000

(6) An order determining the constitutionality of any changes	3001
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general	3002
assembly, including the amendment of sections 1751.67, 2117.06,	3003
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21,	3004
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63,	3005
3923.64, 3929.71, 4705.15, and 5111.018, and the enactment of	3006
sections 2305.113, 2323.41, 2323.43, and 2323.55 of the Revised	3007
Code or any changes made by Sub. S.B. 80 of the 125th general	3008
assembly, including the amendment of sections 2125.02, 2305.10,	3009
2305.131, 2315.18, 2315.19, and 2315.21 of the Revised Code.	3010

(C) When a court issues an order that vacates or sets aside a	3011
judgment or grants a new trial, the court, upon the request of	3012
either party, shall state in the order the grounds upon which the	3013
new trial is granted or the judgment vacated or set aside.	3014

(D) This section applies to and governs any action, including	3015
an appeal, that is pending in any court on July 22, 1998, and all	3016
claims filed or actions commenced on or after July 22, 1998,	3017
notwithstanding any provision of any prior statute or rule of law	3018
of this state.	3019

Sec. 3719.81.  (A) A person may furnish another a sample of	3020
any drug of abuse, or of any drug or pharmaceutical preparation	3021
that would be hazardous to health or safety if used without the	3022
supervision of a licensed health professional authorized to	3023
prescribe drugs, if all of the following apply:	3024

(1) The sample is furnished by a manufacturer, manufacturer's	3025
representative, or wholesale dealer in pharmaceuticals to a	3026
licensed health professional authorized to prescribe drugs, or is	3027
furnished by such a professional to a patient for use as	3028
medication;	3029

(2) The drug is in the original container in which it was	3030
placed by the manufacturer, and the container is plainly marked as	3031
a sample;	3032

(3) Prior to its being furnished, the drug sample has been	3033
stored under the proper conditions to prevent its deterioration or	3034
contamination;	3035

(4) If the drug is of a type which deteriorates with time,	3036
the sample container is plainly marked with the date beyond which	3037
the drug sample is unsafe to use, and the date has not expired on	3038
the sample furnished. Compliance with the labeling requirements of	3039
the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938),	3040
21 U.S.C.A. 301, as amended, shall be deemed compliance with this	3041
section.	3042

(5) The drug is distributed, stored, or discarded in such a	3043
way that the drug sample may not be acquired or used by any	3044
unauthorized person, or by any person, including a child, for whom	3045
it may present a health or safety hazard.	3046

(B) Division (A) of this section does not do any of the	3047
following:	3048

(1) Apply to or restrict the furnishing of any sample of a	3049
nonnarcotic substance if the substance may, under the "Federal	3050
Food, Drug, and Cosmetic Act" and under the laws of this state,	3051
otherwise be lawfully sold over the counter without a	3052
prescription;	3053

(2) Authorize a licensed health professional authorized to	3054
prescribe drugs who is a clinical nurse specialist, certified	3055
nurse-midwife, or certified nurse practitioner, or advanced	3056
practice nurse to furnish a sample of a drug that is not a drug	3057
the nurse is authorized to prescribe;	3058

(3) Authorize an optometrist to furnish a sample of a drug	3059
that is not a drug the optometrist is authorized to prescribe.	3060

(C) The state board of pharmacy shall, in accordance with	3061
Chapter 119. of the Revised Code, adopt rules as necessary to give	3062
effect to this section.	3063

Sec. 4507.07.  (A) The registrar of motor vehicles shall not	3064
grant the application of any minor under eighteen years of age for	3065
a probationary license, a restricted license, or a temporary	3066
instruction permit, unless the application is signed by one of the	3067
minor's parents, the minor's guardian, another person having	3068
custody of the applicant, or, if there is no parent or guardian, a	3069
responsible person who is willing to assume the obligation imposed	3070
under this section.	3071

At the time a minor under eighteen years of age submits an	3072
application for a license or permit at a driver's license	3073
examining station, the adult who signs the application shall	3074
present identification establishing that the adult is the	3075
individual whose signature appears on the application. The	3076
registrar shall prescribe, by rule, the types of identification	3077
that are suitable for the purposes of this paragraph. If the adult	3078
who signs the application does not provide identification as	3079
required by this paragraph, the application shall not be accepted.	3080

When a minor under eighteen years of age applies for a	3081
probationary license, a restricted license, or a temporary	3082
instruction permit, the registrar shall give the adult who signs	3083
the application notice of the potential liability that may be	3084
imputed to the adult pursuant to division (B) of this section and	3085
notice of how the adult may prevent any liability from being	3086
imputed to the adult pursuant to that division.	3087

(B) Any negligence, or willful or wanton misconduct, that is	3088
committed by a minor under eighteen years of age when driving a	3089
motor vehicle upon a highway shall be imputed to the person who	3090
has signed the application of the minor for a probationary	3091
license, restricted license, or temporary instruction permit,	3092
which person shall be jointly and severally liable with the minor	3093
for any damages caused by the negligence or the willful or wanton	3094
misconduct. This joint and several liability is not subject to	3095
section 2307.22,or 2315.36, or 2315.46 of the Revised Code with	3096
respect to a negligencetort claim that otherwise is subject to	3097
that section.	3098

There shall be no imputed liability imposed under this	3099
division if a minor under eighteen years of age has proof of	3100
financial responsibility with respect to the operation of a motor	3101
vehicle owned by the minor or, if the minor is not the owner of a	3102
motor vehicle, with respect to the minor's operation of any motor	3103
vehicle, in the form and in the amounts required under Chapter	3104
4509. of the Revised Code.	3105

(C) Any person who has signed the application of a minor	3106
under eighteen years of age for a license or permit subsequently	3107
may surrender to the registrar the license or temporary	3108
instruction permit of the minor and request that the license or	3109
permit be canceled. The registrar then shall cancel the license or	3110
temporary instruction permit, and the person who signed the	3111
application of the minor shall be relieved from the liability	3112
imposed by division (B) of this section.	3113

(D) Any minor under eighteen years of age whose probationary	3114
license, restricted license, or temporary instruction permit is	3115
surrendered to the registrar by the person who signed the	3116
application for the license or permit and whose license or	3117
temporary instruction permit subsequently is canceled by the	3118
registrar may obtain a new license or temporary instruction permit	3119
without having to undergo the examinations otherwise required by	3120
sections 4507.11 and 4507.12 of the Revised Code and without	3121
having to tender the fee for that license or temporary instruction	3122
permit, if the minor is able to produce another parent, guardian,	3123
other person having custody of the minor, or other adult, and that	3124
adult is willing to assume the liability imposed under division	3125
(B) of this section. That adult shall comply with the procedures	3126
contained in division (A) of this section.	3127

Sec. 4513.263.  (A) As used in this section and in section	3128
4513.99 of the Revised Code:	3129

(1) "Automobile" means any commercial tractor, passenger car,	3130
commercial car, or truck that is required to be factory-equipped	3131
with an occupant restraining device for the operator or any	3132
passenger by regulations adopted by the United States secretary of	3133
transportation pursuant to the "National Traffic and Motor Vehicle	3134
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	3135

(2) "Occupant restraining device" means a seat safety belt,	3136
shoulder belt, harness, or other safety device for restraining a	3137
person who is an operator of or passenger in an automobile and	3138
that satisfies the minimum federal vehicle safety standards	3139
established by the United States department of transportation.	3140

(3) "Passenger" means any person in an automobile, other than	3141
its operator, who is occupying a seating position for which an	3142
occupant restraining device is provided.	3143

(4) "Commercial tractor," "passenger car," and "commercial	3144
car" have the same meanings as in section 4501.01 of the Revised	3145
Code.	3146

(5) "Vehicle" and "motor vehicle," as used in the definitions	3147
of the terms set forth in division (A)(4) of this section, have	3148
the same meanings as in section 4511.01 of the Revised Code.	3149

(6) "Tort action" means a civil action for damages for	3150
injury, death, or loss to person or property. "Tort action"	3151
includes a product liability claim, as defined in section 2307.71	3152
of the Revised Code, and an asbestos claim, as defined in section	3153
2307.91 of the Revised Code, but does not include a civil action	3154
for damages for breach of contract or another agreement between	3155
persons.	3156

(B) No person shall do any of the following:

3157

(1) Operate an automobile on any street or highway unless	3158
that person is wearing all of the available elements of a properly	3159
adjusted occupant restraining device, or operate a school bus that	3160
has an occupant restraining device installed for use in its	3161
operator's seat unless that person is wearing all of the available	3162
elements of the device, as properly adjusted;	3163

(2) Operate an automobile on any street or highway unless	3164
each passenger in the automobile who is subject to the requirement	3165
set forth in division (B)(3) of this section is wearing all of the	3166
available elements of a properly adjusted occupant restraining	3167
device;	3168

(3) Occupy, as a passenger, a seating position on the front	3169
seat of an automobile being operated on any street or highway	3170
unless that person is wearing all of the available elements of a	3171
properly adjusted occupant restraining device;	3172

(4) Operate a taxicab on any street or highway unless all	3173
factory-equipped occupant restraining devices in the taxicab are	3174
maintained in usable form.	3175

(C) Division (B)(3) of this section does not apply to a	3176
person who is required by section 4511.81 of the Revised Code to	3177
be secured in a child restraint device. Division (B)(1) of this	3178
section does not apply to a person who is an employee of the	3179
United States postal service or of a newspaper home delivery	3180
service, during any period in which the person is engaged in the	3181
operation of an automobile to deliver mail or newspapers to	3182
addressees. Divisions (B)(1) and (3) of this section do not apply	3183
to a person who has an affidavit signed by a physician licensed to	3184
practice in this state under Chapter 4731. of the Revised Code or	3185
a chiropractor licensed to practice in this state under Chapter	3186
4734. of the Revised Code that states that the person has a	3187
physical impairment that makes use of an occupant restraining	3188
device impossible or impractical.	3189

(D) Notwithstanding any provision of law to the contrary, no	3190
law enforcement officer shall cause an operator of an automobile	3191
being operated on any street or highway to stop the automobile for	3192
the sole purpose of determining whether a violation of division	3193
(B) of this section has been or is being committed or for the sole	3194
purpose of issuing a ticket, citation, or summons for a violation	3195
of that nature or causing the arrest of or commencing a	3196
prosecution of a person for a violation of that nature, and no law	3197
enforcement officer shall view the interior or visually inspect	3198
any automobile being operated on any street or highway for the	3199
sole purpose of determining whether a violation of that nature has	3200
been or is being committed.	3201

(E) All fines collected for violations of division (B) of	3202
this section, or for violations of any ordinance or resolution of	3203
a political subdivision that is substantively comparable to that	3204
division, shall be forwarded to the treasurer of state for deposit	3205
as follows:	3206

(1) Eight per cent shall be deposited into the seat belt	3207
education fund, which is hereby created in the state treasury, and	3208
shall be used by the department of public safety to establish a	3209
seat belt education program.	3210

(2) Eight per cent shall be deposited into the elementary	3211
school program fund, which is hereby created in the state	3212
treasury, and shall be used by the department of public safety to	3213
establish and administer elementary school programs that encourage	3214
seat safety belt use.	3215

(3) Two per cent shall be deposited into the Ohio medical	3216
transportation trust fund created by section 4766.05 of the	3217
Revised Code.	3218

(4) Twenty-eight per cent shall be deposited into the trauma	3219
and emergency medical services fund, which is hereby created in	3220
the state treasury, and shall be used by the department of public	3221
safety for the administration of the division of emergency medical	3222
services and the state board of emergency medical services.	3223

(5) Fifty-four per cent shall be deposited into the trauma	3224
and emergency medical services grants fund, which is hereby	3225
created in the state treasury, and shall be used by the state	3226
board of emergency medical services to make grants, in accordance	3227
with section 4765.07 of the Revised Code and rules the board	3228
adopts under section 4765.11 of the Revised Code.	3229

(F)(1) Subject to division (F)(2) of this section, the	3230
failure of a person to wear all of the available elements of a	3231
properly adjusted occupant restraining device in violation of	3232
division (B)(1) or (3) of this section or the failure of a person	3233
to ensure that each minor who is a passenger of an automobile	3234
being operated by thethat person is wearing all of the available	3235
elements of such a properly adjusted occupant restraining device,	3236
in violation of division (B)(2) of this section, shall not be	3237
considered or used by the trier of fact in a tort action as	3238
evidence of negligence or contributory negligence, shall not. But,	3239
the trier of fact may determine based on evidence admitted	3240
consistent with the Ohio rules of evidence that the failure	3241
contributed to the harm alleged in the tort action and may	3242
diminish a recovery forof compensatory damages that represents	3243
noneconomic loss, as defined in section 2307.011 of the Revised	3244
Code, in any civila tort action involving the person arising from	3245
the ownership, maintenance, or operation of an automobile;that	3246
could have been recovered but for the plaintiff's failure to wear	3247
all of the available elements of a properly adjusted occupant	3248
restraining device. Evidence of that failure shall not be used as	3249
a basis for a criminal prosecution of the person other than a	3250
prosecution for a violation of this section; and shall not be	3251
admissible as evidence in any civil ora criminal action involving	3252
the person other than a prosecution for a violation of this	3253
section.	3254

(2) If, at the time of an accident involving a passenger car	3255
equipped with occupant restraining devices, any occupant of the	3256
passenger car who sustained injury or death was not wearing an	3257
available occupant restraining device, was not wearing all of the	3258
available elements of such a device, or was not wearing such a	3259
device as properly adjusted, then, consistent with the Rules of	3260
Evidence, the fact that the occupant was not wearing the available	3261
occupant restraining device, was not wearing all of the available	3262
elements of such a device, or was not wearing such a device as	3263
properly adjusted is admissible in evidence in relation to any	3264
claim for relief in a tort action to the extent that the claim for	3265
relief satisfies all of the following:	3266

(a) It seeks to recover damages for injury or death to the	3267
occupant.	3268

(b) The defendant in question is the manufacturer, designer,	3269
distributor, or seller of the passenger car.	3270

(c) The claim for relief against the defendant in question is	3271
that the injury or death sustained by the occupant was enhanced or	3272
aggravated by some design defect in the passenger car or that the	3273
passenger car was not crashworthy.	3274

(3) As used in division (F)(2) of this section, "tort action"	3275
means a civil action for damages for injury, death, or loss to	3276
person or property. "Tort action" includes a product liability	3277
claim that is subject to sections 2307.71 to 2307.80 of the	3278
Revised Code, but does not include a civil action for damages for	3279
a breach of a contract or another agreement between persons.	3280

(G)(1) Whoever violates division (B)(1) of this section shall	3281
be fined thirty dollars.	3282

(2) Whoever violates division (B)(3) of this section shall be	3283
fined twenty dollars.	3284

(3) Except as otherwise provided in this division, whoever	3285
violates division (B)(4) of this section is guilty of a minor	3286
misdemeanor. If the offender previously has been convicted of or	3287
pleaded guilty to a violation of division (B)(4) of this section,	3288
whoever violates division (B)(4) of this section is guilty of a	3289
misdemeanor of the third degree.	3290

Sec. 4713.02.  (A) There is hereby created the state board of	3291
cosmetology, consisting of all of the following members appointed	3292
by the governor, with the advice and consent of the senate:	3293

(1) One person holding a current, valid cosmetologist,	3294
managing cosmetologist, or cosmetology instructor license at the	3295
time of appointment;	3296

(2) Two persons holding current, valid managing cosmetologist	3297
licenses and actively engaged in managing beauty salons at the	3298
time of appointment;	3299

(3) One person who holds a current, valid independent	3300
contractor license at the time of appointment or the owner or	3301
manager of a licensed salon in which at least one person holding a	3302
current, valid independent contractor license practices a branch	3303
of cosmetology;	3304

(4) One person who represents individuals who teach the	3305
theory and practice of a branch of cosmetology at a vocational	3306
school;	3307

(5) One owner of a licensed school of cosmetology;

3308

(6) One owner of at least five licensed salons;

3309

(7) One person who is either an advanced practice nurse	3310
approved under section 4723.55 of the Revised Code, a certified	3311
nurse practitioner or clinical nurse specialist holding a	3312
certificate of authority issued under section 4723.41Chapter	3313
4723. of the Revised Code, or a physician authorized under Chapter	3314
4731. of the Revised Code to practice medicine and surgery or	3315
osteopathic medicine and surgery;	3316

(8) One person representing the general public.

3317

(B) The superintendent of public instruction shall nominate	3318
three persons for the governor to choose from when making an	3319
appointment under division (A)(4) of this section.	3320

(C) All members shall be at least twenty-five years of age,	3321
residents of the state, and citizens of the United States. No more	3322
than two members, at any time, shall be graduates of the same	3323
school of cosmetology.	3324

Except for the initial members appointed under divisions	3325
(A)(3) and (4) of this section, terms of office are for five	3326
years. The term of the initial member appointed under division	3327
(A)(3) of this section shall be three years. The term of the	3328
initial member appointed under division (A)(4) of this section	3329
shall be four years. Terms shall commence on the first day of	3330
November and end on the thirty-first day of October. Each member	3331
shall hold office from the date of appointment until the end of	3332
the term for which appointed. In case of a vacancy occurring on	3333
the board, the governor shall, in the same manner prescribed for	3334
the regular appointment to the board, fill the vacancy by	3335
appointing a member. Any member appointed to fill a vacancy	3336
occurring prior to the expiration of the term for which the	3337
member's predecessor was appointed shall hold office for the	3338
remainder of such term. Any member shall continue in office	3339
subsequent to the expiration date of the member's term until the	3340
member's successor takes office, or until a period of sixty days	3341
has elapsed, whichever occurs first. Before entering upon the	3342
discharge of the duties of the office of member, each member shall	3343
take, and file with the secretary of state, the oath of office	3344
required by Section 7 of Article XV, Ohio Constitution.	3345

The members of the board shall receive an amount fixed	3346
pursuant to Chapter 124. of the Revised Code per diem for every	3347
meeting of the board which they attend, together with their	3348
necessary expenses, and mileage for each mile necessarily	3349
traveled.	3350

The members of the board shall annually elect, from among	3351
their number, a chairperson.	3352

The board shall prescribe the duties of its officers and	3353
establish an office at Columbus, Ohio. The board shall keep all	3354
records and files at the office and have the records and files at	3355
all reasonable hours open to public inspection. The board also	3356
shall adopt a seal.	3357

Sec. 4715.42.  (A)(1) As used in this section, "indigent and	3358
uninsured person" and "operation" have the same meanings as in	3359
section 2305.234 of the Revised Code.	3360

(2) For the purposes of this section, a person shall be	3361
considered retired from practice if the person's license has been	3362
surrendered or allowed to expire with the intention of ceasing to	3363
practice as a dentist or dental hygienist for remuneration.	3364

(B) TheWithin thirty days after receiving an application for	3365
a volunteer's certificate that includes all of the items listed in	3366
divisions (C)(1), (2), and (3) of this section, the state dental	3367
board mayshall issue, without examination, a volunteer's	3368
certificate to a person who is retired from practice so that the	3369
person may provide dental services to indigent and uninsured	3370
persons.	3371

(C) An application for a volunteer's certificate shall	3372
include all of the following:	3373

(1) A copy of the applicant's degree from dental college or	3374
dental hygiene school.	3375

(2) One of the following, as applicable:

3376

(a) A copy of the applicant's most recent license to practice	3377
dentistry or dental hygiene issued by a jurisdiction in the United	3378
States that licenses persons to practice dentistry or dental	3379
hygiene.	3380

(b) A copy of the applicant's most recent license equivalent	3381
to a license to practice dentistry or dental hygiene in one or	3382
more branches of the United States armed services that the United	3383
States government issued.	3384

(3) Evidence of one of the following, as applicable:

3385

(a) The applicant has maintained for at least ten years prior	3386
to retirement full licensure in good standing in any jurisdiction	3387
in the United States that licenses persons to practice dentistry	3388
or dental hygiene.	3389

(b) The applicant has practiced as a dentist or dental	3390
hygienist in good standing for at least ten years prior to	3391
retirement in one or more branches of the United States armed	3392
services.	3393

(4) A notarized statement from the applicant, on a form	3394
prescribed by the board, that the applicant will not accept any	3395
form of remuneration for any dental services rendered while in	3396
possession of a volunteer's certificate.	3397

(D) The holder of a volunteer's certificate may provide	3398
dental services only to indigent and uninsured persons. The holder	3399
shall not accept any form of remuneration for providing dental	3400
services while in possession of the certificate. Except in a	3401
dental emergency, the holder shall not perform any operation. The	3402
board may revoke a volunteer's certificate on receiving proof	3403
satisfactory to the board that the holder has engaged in practice	3404
in this state outside the scope of the holder's certificate or	3405
that there are grounds for action against the person under section	3406
4715.30 of the Revised Code.	3407

(E)(1) A volunteer's certificate shall be valid for a period	3408
of three years, and may be renewed upon the application of the	3409
holder, unless the certificate was previously revoked under	3410
division (D) of this section. The board shall maintain a register	3411
of all persons who hold volunteer's certificates. The board shall	3412
not charge a fee for issuing or renewing a certificate pursuant to	3413
this section.	3414

(2) To be eligible for renewal of a volunteer's certificate,	3415
the holder of the certificate shall certify to the board	3416
completion of sixty hours of continuing dental education that	3417
meets the requirements of section 4715.141 of the Revised Code and	3418
the rules adopted under that section, or completion of eighteen	3419
hours of continuing dental hygiene education that meets the	3420
requirements of section 4715.25 of the Revised Code and the rules	3421
adopted under that section, as the case may be. The board may not	3422
renew a certificate if the holder has not complied with the	3423
appropriate continuing education requirements. Any entity for	3424
which the holder provides dental services may pay for or reimburse	3425
the holder for any costs incurred in obtaining the required	3426
continuing education credits.	3427

(3) The board shall issue to each person who qualifies under	3428
this section for a volunteer's certificate a wallet certificate	3429
and a wall certificate that state that the certificate holder is	3430
authorized to provide dental services pursuant to the laws of this	3431
state. The holder shall keep the wallet certificate on the	3432
holder's person while providing dental services and shall display	3433
the wall certificate prominently at the location where the holder	3434
primarily practices.	3435

(4) The holder of a volunteer's certificate issued pursuant	3436
to this section is subject to the immunity provisions in section	3437
2305.234 of the Revised Code.	3438

(F) The board shall adopt rules in accordance with Chapter	3439
119. of the Revised Code to administer and enforce this section.	3440

(G) Within ninety days after the effective date of this	3441
amendment, the state dental board shall make available through the	3442
board's website the application form for a volunteer's certificate	3443
under this section, a description of the application process, and	3444
a list of all items that are required by division (C) of this	3445
section to be submitted with the application.	3446

Sec.  4723.01.  As used in this chapter:

3447

(A) "Registered nurse" means an individual who holds a	3448
current, valid license issued under this chapter that authorizes	3449
the practice of nursing as a registered nurse.	3450

(B) "Practice of nursing as a registered nurse" means	3451
providing to individuals and groups nursing care requiring	3452
specialized knowledge, judgment, and skill derived from the	3453
principles of biological, physical, behavioral, social, and	3454
nursing sciences. Such nursing care includes:	3455

(1) Identifying patterns of human responses to actual or	3456
potential health problems amenable to a nursing regimen;	3457

(2) Executing a nursing regimen through the selection,	3458
performance, management, and evaluation of nursing actions;	3459

(3) Assessing health status for the purpose of providing	3460
nursing care;	3461

(4) Providing health counseling and health teaching;

3462

(5) Administering medications, treatments, and executing	3463
regimens authorized by an individual who is authorized to practice	3464
in this state and is acting within the course of the individual's	3465
professional practice;	3466

(6) Teaching, administering, supervising, delegating, and	3467
evaluating nursing practice.	3468

(C) "Nursing regimen" may include preventative, restorative,	3469
and health-promotion activities.	3470

(D) "Assessing health status" means the collection of data	3471
through nursing assessment techniques, which may include	3472
interviews, observation, and physical evaluations for the purpose	3473
of providing nursing care.	3474

(E) "Licensed practical nurse" means an individual who holds	3475
a current, valid license issued under this chapter that authorizes	3476
the practice of nursing as a licensed practical nurse.	3477

(F) "The practice of nursing as a licensed practical nurse"	3478
means providing to individuals and groups nursing care requiring	3479
the application of basic knowledge of the biological, physical,	3480
behavioral, social, and nursing sciences at the direction of a	3481
licensed physician, dentist, podiatrist, optometrist,	3482
chiropractor, or registered nurse. Such nursing care includes:	3483

(1) Observation, patient teaching, and care in a diversity of	3484
health care settings;	3485

(2) Contributions to the planning, implementation, and	3486
evaluation of nursing;	3487

(3) Administration of medications and treatments authorized	3488
by an individual who is authorized to practice in this state and	3489
is acting within the course of the individual's professional	3490
practice, except that administration of intravenous therapy shall	3491
be performed only in accordance with section 4723.17 or 4723.171	3492
of the Revised Code. Medications may be administered by a licensed	3493
practical nurse upon proof of completion of a course in medication	3494
administration approved by the board of nursing.	3495

(4) Administration to an adult of intravenous therapy	3496
authorized by an individual who is authorized to practice in this	3497
state and is acting within the course of the individual's	3498
professional practice, on the condition that the licensed	3499
practical nurse is authorized under section 4723.17 or 4723.171 of	3500
the Revised Code to perform intravenous therapy and performs	3501
intravenous therapy only in accordance with those sections.	3502

(G) "Certified registered nurse anesthetist" means a	3503
registered nurse who holds a valid certificate of authority issued	3504
under this chapter that authorizes the practice of nursing as a	3505
certified registered nurse anesthetist in accordance with section	3506
4723.43 of the Revised Code and rules adopted by the board of	3507
nursing.	3508

(H) "Clinical nurse specialist" means a registered nurse who	3509
holds a valid certificate of authority issued under this chapter	3510
that authorizes the practice of nursing as a clinical nurse	3511
specialist in accordance with section 4723.43 of the Revised Code	3512
and rules adopted by the board of nursing.	3513

(I) "Certified nurse-midwife" means a registered nurse who	3514
holds a valid certificate of authority issued under this chapter	3515
that authorizes the practice of nursing as a certified	3516
nurse-midwife in accordance with section 4723.43 of the Revised	3517
Code and rules adopted by the board of nursing.	3518

(J) "Certified nurse practitioner" means a registered nurse	3519
who holds a valid certificate of authority issued under this	3520
chapter that authorizes the practice of nursing as a certified	3521
nurse practitioner in accordance with section 4723.43 of the	3522
Revised Code and rules adopted by the board of nursing.	3523

(K) "Physician" means an individual authorized under Chapter	3524
4731. of the Revised Code to practice medicine and surgery or	3525
osteopathic medicine and surgery.	3526

(L) "Collaboration" or "collaborating" means the following:

3527

(1) In the case of a clinical nurse specialist, except as	3528
provided in division (L)(3) of this section, or a certified nurse	3529
practitioner, that one or more podiatrists acting within the scope	3530
of practice of podiatry in accordance with section 4731.51 of the	3531
Revised Code and with whom the nurse has entered into a standard	3532
care arrangement or one or more physicians with whom the nurse has	3533
entered into a standard care arrangement are continuously	3534
available to communicate with the clinical nurse specialist or	3535
certified nurse practitioner either in person or by radio,	3536
telephone, or other form of telecommunication;	3537

(2) In the case of a certified nurse-midwife, that one or	3538
more physicians with whom the certified nurse-midwife has entered	3539
into a standard care arrangement are continuously available to	3540
communicate with the certified nurse-midwife either in person or	3541
by radio, telephone, or other form of telecommunication;	3542

(3) In the case of a clinical nurse specialist who practices	3543
the nursing specialty of mental health or psychiatric mental	3544
health without being authorized to prescribe drugs and therapeutic	3545
devices, that one or more physicians are continuously available to	3546
communicate with the nurse either in person or by radio,	3547
telephone, or other form of telecommunication.	3548

(M) "Supervision," as it pertains to a certified registered	3549
nurse anesthetist, means that the certified registered nurse	3550
anesthetist is under the direction of a podiatrist acting within	3551
the podiatrist's scope of practice in accordance with section	3552
4731.51 of the Revised Code, a dentist acting within the dentist's	3553
scope of practice in accordance with Chapter 4715. of the Revised	3554
Code, or a physician, and, when administering anesthesia, the	3555
certified registered nurse anesthetist is in the immediate	3556
presence of the podiatrist, dentist, or physician.	3557

(N) "Standard care arrangement," except as it pertains to an	3558
advanced practice nurse, means a written, formal guide for	3559
planning and evaluating a patient's health care that is developed	3560
by one or more collaborating physicians or podiatrists and a	3561
clinical nurse specialist, certified nurse-midwife, or certified	3562
nurse practitioner and meets the requirements of section 4723.431	3563
of the Revised Code.	3564

(O) "Advanced practice nurse," until three years and eight	3565
months after May 17, 2000, means a registered nurse who is	3566
approved by the board of nursing under section 4723.55 of the	3567
Revised Code to practice as an advanced practice nursecertified	3568
registered nurse anesthetist, clinical nurse specialist, certified	3569
nurse-midwife, or certified nurse practitioner.	3570

(P) "Dialysis care" means the care and procedures that a	3571
dialysis technician is authorized to provide and perform, as	3572
specified in section 4723.72 of the Revised Code.	3573

(Q) "Dialysis technician" means an individual who holds a	3574
current, valid certificate or temporary certificate issued under	3575
this chapter that authorizes the individual to practice as a	3576
dialysis technician in accordance with section 4723.72 of the	3577
Revised Code.	3578

(R) "Certified community health worker" means an individual	3579
who holds a current, valid certificate as a community health	3580
worker issued by the board of nursing under section 4723.85 of the	3581
Revised Code.	3582

Sec. 4723.03.  (A) No person shall engage in the practice of	3583
nursing as a registered nurse, represent the person as being a	3584
registered nurse, or use the title "registered nurse," the	3585
initials "R.N.," or any other title implying that the person is a	3586
registered nurse, for a fee, salary, or other consideration, or as	3587
a volunteer, without holding a current, valid license as a	3588
registered nurse under this chapter.	3589

(B) No person shall engage in the practice of nursing as a	3590
licensed practical nurse, represent the person as being a licensed	3591
practical nurse, or use the title "licensed practical nurse," the	3592
initials "L.P.N.," or any other title implying that the person is	3593
a licensed practical nurse, for a fee, salary, or other	3594
consideration, or as a volunteer, without holding a current, valid	3595
license as a practical nurse under this chapter.	3596

(C) No person shall use the titles or initials "graduate	3597
nurse," "G.N.," "professional nurse," "P.N.," "graduate practical	3598
nurse," "G.P.N.," "practical nurse," "P.N.," "trained nurse,"	3599
"T.N.," or any other statement, title, or initials that would	3600
imply or represent to the public that the person is authorized to	3601
practice nursing in this state, except as follows:	3602

(1) A person licensed under this chapter to practice nursing	3603
as a registered nurse may use that title and the initials "R.N.";	3604

(2) A person licensed under this chapter to practice nursing	3605
as a licensed practical nurse may use that title and the initials	3606
"L.P.N.";	3607

(3) A person authorized under this chapter to practice	3608
nursing as a certified registered nurse anesthetist may use that	3609
title, the initials "C.R.N.A." or "N.A.," and any other title or	3610
initials approved by the board of nursing;	3611

(4) A person authorized under this chapter to practice	3612
nursing as a clinical nurse specialist may use that title, the	3613
initials "C.N.S.," and any other title or initials approved by the	3614
board;	3615

(5) A person authorized under this chapter to practice	3616
nursing as a certified nurse-midwife may use that title, the	3617
initials "C.N.M.," and any other title or initials approved by the	3618
board;	3619

(6) A person authorized under this chapter to practice	3620
nursing as a certified nurse practitioner may use that title, the	3621
initials "C.N.P.," and any other title or initials approved by the	3622
board;	3623

(7) A person authorized under this chapter to practice as a	3624
certified registered nurse anesthetist, clinical nurse specialist,	3625
certified nurse-midwife, or certified nurse practitioner may use	3626
the title "advanced practice nurse" or the initials "A.P.N."	3627

(D) No person shall employ a person not licensed as a	3628
registered nurse under this chapter to engage in the practice of	3629
nursing as a registered nurse. No person shall employ a person not	3630
licensed as a practical nurse under this chapter to engage in the	3631
practice of nursing as a licensed practical nurse.	3632

(E) No person shall sell or fraudulently obtain or furnish	3633
any nursing diploma, license, certificate, renewal, or record, or	3634
aid or abet such acts.	3635

Sec. 4723.28.  (A) The board of nursing, by a vote of a	3636
quorum, may revoke or may refuse to grant a nursing license,	3637
certificate of authority, or dialysis technician certificate to a	3638
person found by the board to have committed fraud in passing an	3639
examination required to obtain the license, certificate of	3640
authority, or dialysis technician certificate or to have committed	3641
fraud, misrepresentation, or deception in applying for or securing	3642
any nursing license, certificate of authority, or dialysis	3643
technician certificate issued by the board.	3644

(B) Subject to division (N) of this section, the board of	3645
nursing, by a vote of a quorum, may impose one or more of the	3646
following sanctions: deny, revoke, suspend, or place restrictions	3647
on any nursing license, certificate of authority, or dialysis	3648
technician certificate issued by the board; reprimand or otherwise	3649
discipline a holder of a nursing license, certificate of	3650
authority, or dialysis technician certificate; or impose a fine of	3651
not more than five hundred dollars per violation. The sanctions	3652
may be imposed for any of the following:	3653

(1) Denial, revocation, suspension, or restriction of	3654
authority to practice a health care occupation, including nursing	3655
or practice as a dialysis technician, for any reason other than a	3656
failure to renew, in Ohio or another state or jurisdiction;	3657

(2) Engaging in the practice of nursing or engaging in	3658
practice as a dialysis technician, having failed to renew a	3659
nursing license or dialysis technician certificate issued under	3660
this chapter, or while a nursing license or dialysis technician	3661
certificate is under suspension;	3662

(3) Conviction of, a plea of guilty to, a judicial finding of	3663
guilt of, a judicial finding of guilt resulting from a plea of no	3664
contest to, or a judicial finding of eligibility for intervention	3665
in lieu of conviction for, a misdemeanor committed in the course	3666
of practice;	3667

(4) Conviction of, a plea of guilty to, a judicial finding of	3668
guilt of, a judicial finding of guilt resulting from a plea of no	3669
contest to, or a judicial finding of eligibility for intervention	3670
in lieu of conviction for, any felony or of any crime involving	3671
gross immorality or moral turpitude;	3672

(5) Selling, giving away, or administering drugs or	3673
therapeutic devices for other than legal and legitimate	3674
therapeutic purposes; or conviction of, a plea of guilty to, a	3675
judicial finding of guilt of, a judicial finding of guilt	3676
resulting from a plea of no contest to, or a judicial finding of	3677
eligibility for intervention in lieu of conviction for, violating	3678
any municipal, state, county, or federal drug law;	3679

(6) Conviction of, a plea of guilty to, a judicial finding of	3680
guilt of, a judicial finding of guilt resulting from a plea of no	3681
contest to, or a judicial finding of eligibility for intervention	3682
in lieu of conviction for, an act in another jurisdiction that	3683
would constitute a felony or a crime of moral turpitude in Ohio;	3684

(7) Conviction of, a plea of guilty to, a judicial finding of	3685
guilt of, a judicial finding of guilt resulting from a plea of no	3686
contest to, or a judicial finding of eligibility for intervention	3687
in lieu of conviction for, an act in the course of practice in	3688
another jurisdiction that would constitute a misdemeanor in Ohio;	3689

(8) Self-administering or otherwise taking into the body any	3690
dangerous drug, as defined in section 4729.01 of the Revised Code,	3691
in any way not in accordance with a legal, valid prescription	3692
issued for that individual;	3693

(9) Habitual indulgence in the use of controlled substances,	3694
other habit-forming drugs, or alcohol or other chemical substances	3695
to an extent that impairs ability to practice;	3696

(10) Impairment of the ability to practice according to	3697
acceptable and prevailing standards of safe nursing care because	3698
of habitual or excessive use of drugs, alcohol, or other chemical	3699
substances that impair the ability to practice;	3700

(11) Impairment of the ability to practice according to	3701
acceptable and prevailing standards of safe nursing care because	3702
of a physical or mental disability;	3703

(12) Assaulting or causing harm to a patient or depriving a	3704
patient of the means to summon assistance;	3705

(13) Obtaining or attempting to obtain money or anything of	3706
value by intentional misrepresentation or material deception in	3707
the course of practice;	3708

(14) Adjudication by a probate court of being mentally ill or	3709
mentally incompetent. The board may restore the person's nursing	3710
license or dialysis technician certificate upon adjudication by a	3711
probate court of the person's restoration to competency or upon	3712
submission to the board of other proof of competency.	3713

(15) The suspension or termination of employment by the	3714
department of defense or the veterans administration of the United	3715
States for any act that violates or would violate this chapter;	3716

(16) Violation of this chapter or any rules adopted under it;

3717

(17) Violation of any restrictions placed on a nursing	3718
license or dialysis technician certificate by the board;	3719

(18) Failure to use universal blood and body fluid	3720
precautions established by rules adopted under section 4723.07 of	3721
the Revised Code;	3722

(19) Failure to practice in accordance with acceptable and	3723
prevailing standards of safe nursing care or safe dialysis care;	3724

(20) In the case of a registered nurse, engaging in	3725
activities that exceed the practice of nursing as a registered	3726
nurse;	3727

(21) In the case of a licensed practical nurse, engaging in	3728
activities that exceed the practice of nursing as a licensed	3729
practical nurse;	3730

(22) In the case of a dialysis technician, engaging in	3731
activities that exceed those permitted under section 4723.72 of	3732
the Revised Code;	3733

(23) Aiding and abetting a person in that person's practice	3734
of nursing without a license or practice as a dialysis technician	3735
without a certificate issued under this chapter;	3736

(24) In the case of a certified registered nurse anesthetist,	3737
clinical nurse specialist, certified nurse-midwife, or certified	3738
nurse practitioner, or advanced practice nurse, except as provided	3739
in division (M) of this section, either of the following:	3740

(a) Waiving the payment of all or any part of a deductible or	3741
copayment that a patient, pursuant to a health insurance or health	3742
care policy, contract, or plan that covers such nursing services,	3743
would otherwise be required to pay if the waiver is used as an	3744
enticement to a patient or group of patients to receive health	3745
care services from that provider;	3746

(b) Advertising that the nurse will waive the payment of all	3747
or any part of a deductible or copayment that a patient, pursuant	3748
to a health insurance or health care policy, contract, or plan	3749
that covers such nursing services, would otherwise be required to	3750
pay.	3751

(25) Failure to comply with the terms and conditions of	3752
participation in the chemical dependency monitoring program	3753
established under section 4723.35 of the Revised Code;	3754

(26) Failure to comply with the terms and conditions required	3755
under the practice intervention and improvement program	3756
established under section 4723.282 of the Revised Code;	3757

(27) In the case of a certified registered nurse anesthetist,	3758
clinical nurse specialist, certified nurse-midwife, or certified	3759
nurse practitioner:	3760

(a) Engaging in activities that exceed those permitted for	3761
the nurse's nursing specialty under section 4723.43 of the Revised	3762
Code;	3763

(b) Failure to meet the quality assurance standards	3764
established under section 4723.07 of the Revised Code.	3765

(28) In the case of a clinical nurse specialist, certified	3766
nurse-midwife, or certified nurse practitioner, failure to	3767
maintain a standard care arrangement in accordance with section	3768
4723.431 of the Revised Code or to practice in accordance with the	3769
standard care arrangement;	3770

(29) In the case of a clinical nurse specialist, certified	3771
nurse-midwife, or certified nurse practitioner who holds a	3772
certificate to prescribe issued under section 4723.48 of the	3773
Revised Code, failure to prescribe drugs and therapeutic devices	3774
in accordance with section 4723.481 of the Revised Code;	3775

(30) Prescribing any drug or device to perform or induce an	3776
abortion, or otherwise performing or inducing an abortion;	3777

(31) Failure to establish and maintain professional	3778
boundaries with a patient, as specified in rules adopted under	3779
section 4723.07 of the Revised Code;	3780

(32) Regardless of whether the contact or verbal behavior is	3781
consensual, engaging with a patient other than the spouse of the	3782
registered nurse, licensed practical nurse, or dialysis technician	3783
in any of the following:	3784

(a) Sexual contact, as defined in section 2907.01 of the	3785
Revised Code;	3786

(b) Verbal behavior that is sexually demeaning to the patient	3787
or may be reasonably interpreted by the patient as sexually	3788
demeaning.	3789

(33) Assisting suicide as defined in section 3795.01 of the	3790
Revised Code.	3791

(C) Disciplinary actions taken by the board under divisions	3792
(A) and (B) of this section shall be taken pursuant to an	3793
adjudication conducted under Chapter 119. of the Revised Code,	3794
except that in lieu of a hearing, the board may enter into a	3795
consent agreement with an individual to resolve an allegation of a	3796
violation of this chapter or any rule adopted under it. A consent	3797
agreement, when ratified by a vote of a quorum, shall constitute	3798
the findings and order of the board with respect to the matter	3799
addressed in the agreement. If the board refuses to ratify a	3800
consent agreement, the admissions and findings contained in the	3801
agreement shall be of no effect.	3802

(D) The hearings of the board shall be conducted in	3803
accordance with Chapter 119. of the Revised Code, the board may	3804
appoint a hearing examiner, as provided in section 119.09 of the	3805
Revised Code, to conduct any hearing the board is authorized to	3806
hold under Chapter 119. of the Revised Code.	3807

In any instance in which the board is required under Chapter	3808
119. of the Revised Code to give notice of an opportunity for a	3809
hearing and the applicant or license holder does not make a timely	3810
request for a hearing in accordance with section 119.07 of the	3811
Revised Code, the board is not required to hold a hearing, but may	3812
adopt, by a vote of a quorum, a final order that contains the	3813
board's findings. In the final order, the board may order any of	3814
the sanctions listed in division (A) or (B) of this section.	3815

(E) If a criminal action is brought against a registered	3816
nurse, licensed practical nurse, or dialysis technician for an act	3817
or crime described in divisions (B)(3) to (7) of this section and	3818
the action is dismissed by the trial court other than on the	3819
merits, the board shall conduct an adjudication to determine	3820
whether the registered nurse, licensed practical nurse, or	3821
dialysis technician committed the act on which the action was	3822
based. If the board determines on the basis of the adjudication	3823
that the registered nurse, licensed practical nurse, or dialysis	3824
technician committed the act, or if the registered nurse, licensed	3825
practical nurse, or dialysis technician fails to participate in	3826
the adjudication, the board may take action as though the	3827
registered nurse, licensed practical nurse, or dialysis technician	3828
had been convicted of the act.	3829

If the board takes action on the basis of a conviction, plea,	3830
or a judicial finding as described in divisions (B)(3) to (7) of	3831
this section that is overturned on appeal, the registered nurse,	3832
licensed practical nurse, or dialysis technician may, on	3833
exhaustion of the appeal process, petition the board for	3834
reconsideration of its action. On receipt of the petition and	3835
supporting court documents, the board shall temporarily rescind	3836
its action. If the board determines that the decision on appeal	3837
was a decision on the merits, it shall permanently rescind its	3838
action. If the board determines that the decision on appeal was	3839
not a decision on the merits, it shall conduct an adjudication to	3840
determine whether the registered nurse, licensed practical nurse,	3841
or dialysis technician committed the act on which the original	3842
conviction, plea, or judicial finding was based. If the board	3843
determines on the basis of the adjudication that the registered	3844
nurse, licensed practical nurse, or dialysis technician committed	3845
such act, or if the registered nurse, licensed practical nurse, or	3846
dialysis technician does not request an adjudication, the board	3847
shall reinstate its action; otherwise, the board shall permanently	3848
rescind its action.	3849

Notwithstanding the provision of division (C)(2) of section	3850
2953.32 of the Revised Code specifying that if records pertaining	3851
to a criminal case are sealed under that section the proceedings	3852
in the case shall be deemed not to have occurred, sealing of the	3853
records of a conviction on which the board has based an action	3854
under this section shall have no effect on the board's action or	3855
any sanction imposed by the board under this section.	3856

The board shall not be required to seal, destroy, redact, or	3857
otherwise modify its records to reflect the court's sealing of	3858
conviction records.	3859

(F) The board may investigate an individual's criminal	3860
background in performing its duties under this section.	3861

(G) During the course of an investigation conducted under	3862
this section, the board may compel any registered nurse, licensed	3863
practical nurse, or dialysis technician or applicant under this	3864
chapter to submit to a mental or physical examination, or both, as	3865
required by the board and at the expense of the individual, if the	3866
board finds reason to believe that the individual under	3867
investigation may have a physical or mental impairment that may	3868
affect the individual's ability to provide safe nursing care.	3869
Failure of any individual to submit to a mental or physical	3870
examination when directed constitutes an admission of the	3871
allegations, unless the failure is due to circumstances beyond the	3872
individual's control, and a default and final order may be entered	3873
without the taking of testimony or presentation of evidence.	3874

If the board finds that an individual is impaired, the board	3875
shall require the individual to submit to care, counseling, or	3876
treatment approved or designated by the board, as a condition for	3877
initial, continued, reinstated, or renewed authority to practice.	3878
The individual shall be afforded an opportunity to demonstrate to	3879
the board that the individual can begin or resume the individual's	3880
occupation in compliance with acceptable and prevailing standards	3881
of care under the provisions of the individual's authority to	3882
practice.	3883

For purposes of this division, any registered nurse, licensed	3884
practical nurse, or dialysis technician or applicant under this	3885
chapter shall be deemed to have given consent to submit to a	3886
mental or physical examination when directed to do so in writing	3887
by the board, and to have waived all objections to the	3888
admissibility of testimony or examination reports that constitute	3889
a privileged communication.	3890

(H) The board shall investigate evidence that appears to show	3891
that any person has violated any provision of this chapter or any	3892
rule of the board. Any person may report to the board any	3893
information the person may have that appears to show a violation	3894
of any provision of this chapter or rule of the board. In the	3895
absence of bad faith, any person who reports such information or	3896
who testifies before the board in any adjudication conducted under	3897
Chapter 119. of the Revised Code shall not be liable for civil	3898
damages as a result of the report or testimony.	3899

(I) All of the following apply under this chapter with	3900
respect to the confidentiality of information:	3901

(1) Information received by the board pursuant to an	3902
investigation is confidential and not subject to discovery in any	3903
civil action, except that the board may disclose information to	3904
law enforcement officers and government entities investigating a	3905
registered nurse, licensed practical nurse, or dialysis technician	3906
or a person who may have engaged in the unauthorized practice of	3907
nursing. No law enforcement officer or government entity with	3908
knowledge of any information disclosed by the board pursuant to	3909
this division shall divulge the information to any other person or	3910
government entity except for the purpose of an adjudication by a	3911
court or licensing or registration board or officer to which the	3912
person to whom the information relates is a party.	3913

(2) If an investigation requires a review of patient records,	3914
the investigation and proceeding shall be conducted in such a	3915
manner as to protect patient confidentiality.	3916

(3) All adjudications and investigations of the board shall	3917
be considered civil actions for the purposes of section 2305.252	3918
of the Revised Code.	3919

(4) Any board activity that involves continued monitoring of	3920
an individual as part of or following any disciplinary action	3921
taken under this section shall be conducted in a manner that	3922
maintains the individual's confidentiality. Information received	3923
or maintained by the board with respect to the board's monitoring	3924
activities is confidential and not subject to discovery in any	3925
civil action.	3926

(J) Any action taken by the board under this section	3927
resulting in a suspension from practice shall be accompanied by a	3928
written statement of the conditions under which the person may be	3929
reinstated to practice.	3930

(K) When the board refuses to grant a license or certificate	3931
to an applicant, revokes a license or certificate, or refuses to	3932
reinstate a license or certificate, the board may specify that its	3933
action is permanent. An individual subject to permanent action	3934
taken by the board is forever ineligible to hold a license or	3935
certificate of the type that was refused or revoked and the board	3936
shall not accept from the individual an application for	3937
reinstatement of the license or certificate or for a new license	3938
or certificate.	3939

(L) No unilateral surrender of a nursing license, certificate	3940
of authority, or dialysis technician certificate issued under this	3941
chapter shall be effective unless accepted by majority vote of the	3942
board. No application for a nursing license, certificate of	3943
authority, or dialysis technician certificate issued under this	3944
chapter may be withdrawn without a majority vote of the board. The	3945
board's jurisdiction to take disciplinary action under this	3946
section is not removed or limited when an individual has a license	3947
or certificate classified as inactive or fails to renew a license	3948
or certificate.	3949

(M) Sanctions shall not be imposed under division (B)(24) of	3950
this section against any licensee who waives deductibles and	3951
copayments as follows:	3952

(1) In compliance with the health benefit plan that expressly	3953
allows such a practice. Waiver of the deductibles or copayments	3954
shall be made only with the full knowledge and consent of the plan	3955
purchaser, payer, and third-party administrator. Documentation of	3956
the consent shall be made available to the board upon request.	3957

(2) For professional services rendered to any other person	3958
licensed pursuant to this chapter to the extent allowed by this	3959
chapter and the rules of the board.	3960

(N)(1) Any person who enters a prelicensure nursing education	3961
program on or after June 1, 2003, and who subsequently applies	3962
under division (A) of section 4723.09 of the Revised Code for	3963
licensure to practice as a registered nurse or as a licensed	3964
practical nurse and any person who applies under division (B) of	3965
that section for license by endorsement to practice nursing as a	3966
registered nurse or as a licensed practical nurse shall submit a	3967
request to the bureau of criminal identification and investigation	3968
for the bureau to conduct a criminal records check of the	3969
applicant and to send the results to the board, in accordance with	3970
section 4723.09 of the Revised Code.	3971

The board shall refuse to grant a license to practice nursing	3972
as a registered nurse or as a licensed practical nurse under	3973
section 4723.09 of the Revised Code to a person who entered a	3974
prelicensure nursing education program on or after June 1, 2003,	3975
and applied under division (A) of section 4723.09 of the Revised	3976
Code for the license or a person who applied under division (B) of	3977
that section for the license, if the criminal records check	3978
performed in accordance with division (C) of that section	3979
indicates that the person has pleaded guilty to, been convicted	3980
of, or has had a judicial finding of guilt for violating section	3981
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	3982
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	3983
substantially similar law of another state, the United States, or	3984
another country.	3985

(2) Any person who enters a dialysis training program on or	3986
after June 1, 2003, and who subsequently applies for a certificate	3987
to practice as a dialysis technician shall submit a request to the	3988
bureau of criminal identification and investigation for the bureau	3989
to conduct a criminal records check of the applicant and to send	3990
the results to the board, in accordance with section 4723.75 of	3991
the Revised Code.	3992

The board shall refuse to issue a certificate to practice as	3993
a dialysis technician under section 4723.75 of the Revised Code to	3994
a person who entered a dialysis training program on or after June	3995
1, 2003, and whose criminal records check performed in accordance	3996
with division (C) of that section indicates that the person has	3997
pleaded guilty to, been convicted of, or has had a judicial	3998
finding of guilt for violating section 2903.01, 2903.02, 2903.03,	3999
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or	4000
2911.11 of the Revised Code or a substantially similar law of	4001
another state, the United States, or another country.	4002

Sec. 4723.43.  A certified registered nurse anesthetist,	4003
clinical nurse specialist, certified nurse-midwife, or certified	4004
nurse practitioner may provide to individuals and groups nursing	4005
care that requires knowledge and skill obtained from advanced	4006
formal education and clinical experience. In this capacity as an	4007
advanced practice nurse, a certified nurse-midwife is subject to	4008
division (A) of this section, a certified registered nurse	4009
anesthetist is subject to division (B) of this section, a	4010
certified nurse practitioner is subject to division (C) of this	4011
section, and a clinical nurse specialist is subject to division	4012
(D) of this section.	4013

(A) A nurse authorized to practice as a certified	4014
nurse-midwife, in collaboration with one or more physicians, may	4015
provide the management of preventive services and those primary	4016
care services necessary to provide health care to women	4017
antepartally, intrapartally, postpartally, and gynecologically,	4018
consistent with the nurse's education and certification, and in	4019
accordance with rules adopted by the board.	4020

No certified nurse-midwife may perform version, deliver	4021
breech or face presentation, use forceps, do any obstetric	4022
operation, or treat any other abnormal condition, except in	4023
emergencies. Division (A) of this section does not prohibit a	4024
certified nurse-midwife from performing episiotomies or normal	4025
vaginal deliveries, or repairing vaginal tears. A certified	4026
nurse-midwife who holds a certificate to prescribe issued under	4027
section 4723.48 of the Revised Code may, in collaboration with one	4028
or more physicians, prescribe drugs and therapeutic devices in	4029
accordance with section 4723.481 of the Revised Code.	4030

(B) A nurse authorized to practice as a certified registered	4031
nurse anesthetist, with the supervision and in the immediate	4032
presence of a physician, podiatrist, or dentist, may administer	4033
anesthesia and perform anesthesia induction, maintenance, and	4034
emergence, and may perform with supervision preanesthetic	4035
preparation and evaluation, postanesthesia care, and clinical	4036
support functions, consistent with the nurse's education and	4037
certification, and in accordance with rules adopted by the board.	4038
A certified registered nurse anesthetist is not required to obtain	4039
a certificate to prescribe in order to provide the anesthesia care	4040
described in this division.	4041

The physician, podiatrist, or dentist supervising a certified	4042
registered nurse anesthetist must be actively engaged in practice	4043
in this state. When a certified registered nurse anesthetist is	4044
supervised by a podiatrist, the nurse's scope of practice is	4045
limited to the anesthesia procedures that the podiatrist has the	4046
authority under section 4731.51 of the Revised Code to perform. A	4047
certified registered nurse anesthetist may not administer general	4048
anesthesia under the supervision of a podiatrist in a podiatrist's	4049
office. When a certified registered nurse anesthetist is	4050
supervised by a dentist, the nurse's scope of practice is limited	4051
to the anesthesia procedures that the dentist has the authority	4052
under Chapter 4715. of the Revised Code to perform.	4053

(C) A nurse authorized to practice as a certified nurse	4054
practitioner, in collaboration with one or more physicians or	4055
podiatrists, may provide preventive and primary care services and	4056
evaluate and promote patient wellness within the nurse's nursing	4057
specialty, consistent with the nurse's education and	4058
certification, and in accordance with rules adopted by the board.	4059
A certified nurse practitioner who holds a certificate to	4060
prescribe issued under section 4723.48 of the Revised Code may, in	4061
collaboration with one or more physicians or podiatrists,	4062
prescribe drugs and therapeutic devices in accordance with section	4063
4723.481 of the Revised Code.	4064

When a certified nurse practitioner is collaborating with a	4065
podiatrist, the nurse's scope of practice is limited to the	4066
procedures that the podiatrist has the authority under section	4067
4731.51 of the Revised Code to perform.	4068

(D) A nurse authorized to practice as a clinical nurse	4069
specialist, in collaboration with one or more physicians or	4070
podiatrists, may provide and manage the care of individuals and	4071
groups with complex health problems and provide health care	4072
services that promote, improve, and manage health care within the	4073
nurse's nursing specialty, consistent with the nurse's education	4074
and in accordance with rules adopted by the board. A clinical	4075
nurse specialist who holds a certificate to prescribe issued under	4076
section 4723.48 of the Revised Code may, in collaboration with one	4077
or more physicians or podiatrists, prescribe drugs and therapeutic	4078
devices in accordance with section 4723.481 of the Revised Code.	4079

When a clinical nurse specialist is collaborating with a	4080
podiatrist, the nurse's scope of practice is limited to the	4081
procedures that the podiatrist has the authority under section	4082
4731.51 of the Revised Code to perform.	4083

Sec. 4723.44.  (A) No person shall do any of the following	4084
unless the person holds a current, valid certificate of authority	4085
to practice nursing as a certified registered nurse anesthetist,	4086
clinical nurse specialist, certified nurse-midwife, or certified	4087
nurse practitioner issued by the board of nursing under this	4088
chapter:	4089

(1) Engage in the practice of nursing as a certified	4090
registered nurse anesthetist, clinical nurse specialist, certified	4091
nurse-midwife, or certified nurse practitioner for a fee, salary,	4092
or other consideration, or as a volunteer;	4093

(2) Represent the person as being a certified registered	4094
nurse anesthetist, clinical nurse specialist, certified	4095
nurse-midwife, or certified nurse practitioner;	4096

(3) Use any title or initials implying that the person is a	4097
certified registered nurse anesthetist, clinical nurse specialist,	4098
certified nurse-midwife, or certified nurse practitioner;	4099

(4) Represent the person as being an advanced practice nurse;

4100

(5) Use any title or initials implying that the person is an	4101
advanced practice nurse.	4102

(B) No person who is not certified by the national council on	4103
certification of nurse anesthetists of the American association of	4104
nurse anesthetists, the national council on recertification of	4105
nurse anesthetists of the American association of nurse	4106
anesthetists, or another national certifying organization approved	4107
by the board under section 4723.46 of the Revised Code shall use	4108
the title "certified registered nurse anesthetist" or the initials	4109
"C.R.N.A.," or any other title or initial implying that the person	4110
has been certified by the council or organization.	4111

(C) No certified registered nurse anesthetist, clinical nurse	4112
specialist, certified nurse-midwife, or certified nurse	4113
practitioner shall do any of the following:	4114

(1) Engage, for a fee, salary, or other consideration, or as	4115
a volunteer, in the practice of a nursing specialty other than the	4116
specialty designated on the nurse's current, valid certificate of	4117
authority issued by the board under this chapter;	4118

(2) Represent the person as being authorized to practice any	4119
nursing specialty other than the specialty designated on the	4120
current, valid certificate of authority;	4121

(3) Use the title "certified registered nurse anesthetist" or	4122
the initials "N.A." or "C.R.N.A.," the title "clinical nurse	4123
specialist" or the initials "C.N.S.," the title "certified	4124
nurse-midwife" or the initials "C.N.M.," the title "certified	4125
nurse practitioner" or the initials "C.N.P.," the title "advanced	4126
practice nurse" or the initials "A.P.N.," or any other title or	4127
initials implying that the nurse is authorized to practice any	4128
nursing specialty other than the specialty designated on the	4129
nurse's current, valid certificate of authority;	4130

(4) Enter into a standard care arrangement with a physician	4131
or podiatrist whose practice is not the same as or similar to the	4132
nurse's nursing specialty;	4133

(5) Prescribe drugs or therapeutic devices unless the nurse	4134
holds a current, valid certificate to prescribe issued under	4135
section 4723.48 of the Revised Code;	4136

(6) Prescribe drugs or therapeutic devices under a	4137
certificate to prescribe in a manner that does not comply with	4138
section 4723.481 of the Revised Code;	4139

(7) Prescribe any drug or device to perform or induce an	4140
abortion, or otherwise Perform or induce an abortion.	4141

(D) No person shall knowingly employ a person to engage in	4142
the practice of nursing as a certified registered nurse	4143
anesthetist, clinical nurse specialist, certified nurse-midwife,	4144
or certified nurse practitioner unless the person so employed	4145
holds a current, valid certificate of authority to engage in that	4146
nursing specialty issued by the board under this chapter.	4147

(E) A certificate certified by the executive director of the	4148
board, under the official seal of the board, to the effect that it	4149
appears from the records that no certificate of authority to	4150
practice nursing as a certified registered nurse anesthetist,	4151
clinical nurse specialist, certified nurse-midwife, or certified	4152
nurse practitioner has been issued to any person specified	4153
therein, or that a certificate, if issued, has been revoked or	4154
suspended, shall be received as prima-facie evidence of the record	4155
in any court or before any officer of the state.	4156

Sec. 4723.48.  (A) A clinical nurse specialist, certified	4157
nurse-midwife, or certified nurse practitioner seeking authority	4158
to prescribe drugs and therapeutic devices shall file with the	4159
board of nursing a written application for a certificate to	4160
prescribe. The board of nursing shall issue a certificate to	4161
prescribe to each applicant who meets the requirements specified	4162
in section 4723.482 or 4723.484 of the Revised Code.	4163

Except as provided in division (B) of this section, the	4164
initial certificate to prescribe that the board issues to an	4165
applicant shall be issued as an externship certificate. Under an	4166
externship certificate, the nurse may obtain experience in	4167
prescribing drugs and therapeutic devices by participating in an	4168
externship that evaluates the nurse's competence, knowledge, and	4169
skill in pharmacokinetic principles and their clinical application	4170
to the specialty being practiced. During the externship, the nurse	4171
may prescribe drugs and therapeutic devices only when one or more	4172
physicians are providing supervision in accordance with rules	4173
adopted under section 4723.50 of the Revised Code.	4174

After completing the externship, the holder of an externship	4175
certificate may apply for a new certificate to prescribe. On	4176
receipt of the new certificate, the nurse may prescribe drugs and	4177
therapeutic devices in collaboration with one or more physicians	4178
or podiatrists.	4179

(B) In the case of an advanced practice nursean applicant	4180
who on May 17, 2000, iswas approved under section 4723.56 of the	4181
Revised Code to prescribe drugs and therapeutic devices under	4182
section 4723.56 of the Revised Code, as that section existed on	4183
that date, the initial certificate to prescribe that the board	4184
issues to the nurseapplicant under this section shall not be an	4185
externship certificate. The nurseapplicant shall be issued a	4186
certificate to prescribe that permits the nurserecipient to	4187
prescribe drugs and therapeutic devices in collaboration with one	4188
or more physicians or podiatrists.	4189

Sec. 4723.482.  (A) An applicant shall include with the	4190
application submitted under section 4723.48 of the Revised Code	4191
all of the following:	4192

(1) Subject to section 4723.483 of the Revised Code, evidence	4193
of holding a current, valid certificate of authority issued under	4194
section 4723.41 of the Revised Codethis chapter to practice as a	4195
clinical nurse specialist, certified nurse-midwife, or certified	4196
nurse practitioner;	4197

(2) Except for an advanced practice nursea person who on the	4198
effective date of this section isMay 17, 2000, was approved under	4199
section 4723.56 of the Revised Code to prescribe drugs and	4200
therapeutic devices under section 4723.56 of the Revised Code, as	4201
that section existed on that date, evidence of successfully	4202
completing the instruction in advanced pharmacology and related	4203
topics specified in division (B) of this section;	4204

(3) The fee required by section 4723.08 of the Revised Code	4205
for a certificate to prescribe;	4206

(4) Any additional information the board requires pursuant to	4207
rules adopted under section 4723.50 of the Revised Code.	4208

(B) All of the following apply to the instruction required	4209
under division (A)(2) of this section:	4210

(1) The instruction must be obtained not longer than three	4211
years before the application for the certificate to prescribe is	4212
filed.	4213

(2) The instruction must be obtained through a course of	4214
study consisting of planned classroom and clinical study that is	4215
approved by the board of nursing in accordance with standards	4216
established in rules adopted under section 4723.50 of the Revised	4217
Code.	4218

(3) The content of the instruction must be specific to the	4219
applicant's nursing specialty and include all of the following:	4220

(a) A minimum of thirty contact hours of training in advanced	4221
pharmacology that includes pharmacokinetic principles and clinical	4222
application and the use of drugs and therapeutic devices in the	4223
prevention of illness and maintenance of health;	4224

(b) Training in the fiscal and ethical implications of	4225
prescribing drugs and therapeutic devices;	4226

(c) Training in the state and federal laws that apply to the	4227
authority to prescribe;	4228

(d) Any additional training required pursuant to rules	4229
adopted under section 4723.50 of the Revised Code.	4230

Sec. 4729.01. As used in this chapter:

4231

(A) "Pharmacy," except when used in a context that refers to	4232
the practice of pharmacy, means any area, room, rooms, place of	4233
business, department, or portion of any of the foregoing where the	4234
practice of pharmacy is conducted.	4235

(B) "Practice of pharmacy" means providing pharmacist care	4236
requiring specialized knowledge, judgment, and skill derived from	4237
the principles of biological, chemical, behavioral, social,	4238
pharmaceutical, and clinical sciences. As used in this division,	4239
"pharmacist care" includes the following:	4240

(1) Interpreting prescriptions;

4241

(2) Compounding or dispensing drugs and dispensing drug	4242
therapy related devices;	4243

(3) Counseling individuals with regard to their drug therapy,	4244
recommending drug therapy related devices, and assisting in the	4245
selection of drugs and appliances for treatment of common diseases	4246
and injuries and providing instruction in the proper use of the	4247
drugs and appliances;	4248

(4) Performing drug regimen reviews with individuals by	4249
discussing all of the drugs that the individual is taking and	4250
explaining the interactions of the drugs;	4251

(5) Performing drug utilization reviews with licensed health	4252
professionals authorized to prescribe drugs when the pharmacist	4253
determines that an individual with a prescription has a drug	4254
regimen that warrants additional discussion with the prescriber;	4255

(6) Advising an individual and the health care professionals	4256
treating an individual with regard to the individual's drug	4257
therapy;	4258

(7) Acting pursuant to a consult agreement with a physician	4259
authorized under Chapter 4731. of the Revised Code to practice	4260
medicine and surgery or osteopathic medicine and surgery, if an	4261
agreement has been established with the physician;	4262

(8) Administering the adult immunizations specified in	4263
section 4729.41 of the Revised Code, if the pharmacist has met the	4264
requirements of that section.	4265

(C) "Compounding" means the preparation, mixing, assembling,	4266
packaging, and labeling of one or more drugs in any of the	4267
following circumstances:	4268

(1) Pursuant to a prescription issued by a licensed health	4269
professional authorized to prescribe drugs;	4270

(2) Pursuant to the modification of a prescription made in	4271
accordance with a consult agreement;	4272

(3) As an incident to research, teaching activities, or	4273
chemical analysis;	4274

(4) In anticipation of prescription drug orders based on	4275
routine, regularly observed dispensing patterns.	4276

(D) "Consult agreement" means an agreement to manage an	4277
individual's drug therapy that has been entered into by a	4278
pharmacist and a physician authorized under Chapter 4731. of the	4279
Revised Code to practice medicine and surgery or osteopathic	4280
medicine and surgery.	4281

(E) "Drug" means:

4282

(1) Any article recognized in the United States pharmacopoeia	4283
and national formulary, or any supplement to them, intended for	4284
use in the diagnosis, cure, mitigation, treatment, or prevention	4285
of disease in humans or animals;	4286

(2) Any other article intended for use in the diagnosis,	4287
cure, mitigation, treatment, or prevention of disease in humans or	4288
animals;	4289

(3) Any article, other than food, intended to affect the	4290
structure or any function of the body of humans or animals;	4291

(4) Any article intended for use as a component of any	4292
article specified in division (C)(E)(1), (2), or (3) of this	4293
section; but does not include devices or their components, parts,	4294
or accessories.	4295

(F) "Dangerous drug" means any of the following:

4296

(1) Any drug to which either of the following applies:

4297

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	4298
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	4299
required to bear a label containing the legend "Caution: Federal	4300
law prohibits dispensing without prescription" or "Caution:	4301
Federal law restricts this drug to use by or on the order of a	4302
licensed veterinarian" or any similar restrictive statement, or	4303
the drug may be dispensed only upon a prescription;	4304

(b) Under Chapter 3715. or 3719. of the Revised Code, the	4305
drug may be dispensed only upon a prescription.	4306

(2) Any drug that contains a schedule V controlled substance	4307
and that is exempt from Chapter 3719. of the Revised Code or to	4308
which that chapter does not apply;	4309

(3) Any drug intended for administration by injection into	4310
the human body other than through a natural orifice of the human	4311
body.	4312

(G) "Federal drug abuse control laws" has the same meaning as	4313
in section 3719.01 of the Revised Code.	4314

(H) "Prescription" means a written, electronic, or oral order	4315
for drugs or combinations or mixtures of drugs to be used by a	4316
particular individual or for treating a particular animal, issued	4317
by a licensed health professional authorized to prescribe drugs.	4318

(I) "Licensed health professional authorized to prescribe	4319
drugs" or "prescriber" means an individual who is authorized by	4320
law to prescribe drugs or dangerous drugs or drug therapy related	4321
devices in the course of the individual's professional practice,	4322
including only the following:	4323

(1) A dentist licensed under Chapter 4715. of the Revised	4324
Code;	4325

(2) Until January 17, 2000, an advanced practice nurse	4326
approved under section 4723.56 of the Revised Code to prescribe	4327
drugs and therapeutic devices;	4328

(3) A clinical nurse specialist, certified nurse-midwife, or	4329
certified nurse practitioner who holds a certificate to prescribe	4330
issued under section 4723.48 of the Revised Code;	4331

(4)(3) An optometrist licensed under Chapter 4725. of the	4332
Revised Code to practice optometry under a therapeutic	4333
pharmaceutical agents certificate;	4334

(5)(4) A physician authorized under Chapter 4731. of the	4335
Revised Code to practice medicine and surgery, osteopathic	4336
medicine and surgery, or podiatry;	4337

(6)(5) A veterinarian licensed under Chapter 4741. of the	4338
Revised Code.	4339

(J) "Sale" and "sell" include delivery, transfer, barter,	4340
exchange, or gift, or offer therefor, and each such transaction	4341
made by any person, whether as principal proprietor, agent, or	4342
employee.	4343

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	4344
which the purpose of the purchaser is to resell the article	4345
purchased or received by the purchaser.	4346

(L) "Retail sale" and "sale at retail" mean any sale other	4347
than a wholesale sale or sale at wholesale.	4348

(M) "Retail seller" means any person that sells any dangerous	4349
drug to consumers without assuming control over and responsibility	4350
for its administration. Mere advice or instructions regarding	4351
administration do not constitute control or establish	4352
responsibility.	4353

(N) "Price information" means the price charged for a	4354
prescription for a particular drug product and, in an easily	4355
understandable manner, all of the following:	4356

(1) The proprietary name of the drug product;

4357

(2) The established (generic) name of the drug product;

4358

(3) The strength of the drug product if the product contains	4359
a single active ingredient or if the drug product contains more	4360
than one active ingredient and a relevant strength can be	4361
associated with the product without indicating each active	4362
ingredient. The established name and quantity of each active	4363
ingredient are required if such a relevant strength cannot be so	4364
associated with a drug product containing more than one	4365
ingredient.	4366

(4) The dosage form;

4367

(5) The price charged for a specific quantity of the drug	4368
product. The stated price shall include all charges to the	4369
consumer, including, but not limited to, the cost of the drug	4370
product, professional fees, handling fees, if any, and a statement	4371
identifying professional services routinely furnished by the	4372
pharmacy. Any mailing fees and delivery fees may be stated	4373
separately without repetition. The information shall not be false	4374
or misleading.	4375

(O) "Wholesale distributor of dangerous drugs" means a person	4376
engaged in the sale of dangerous drugs at wholesale and includes	4377
any agent or employee of such a person authorized by the person to	4378
engage in the sale of dangerous drugs at wholesale.	4379

(P) "Manufacturer of dangerous drugs" means a person, other	4380
than a pharmacist, who manufactures dangerous drugs and who is	4381
engaged in the sale of those dangerous drugs within this state.	4382

(Q) "Terminal distributor of dangerous drugs" means a person	4383
who is engaged in the sale of dangerous drugs at retail, or any	4384
person, other than a wholesale distributor or a pharmacist, who	4385
has possession, custody, or control of dangerous drugs for any	4386
purpose other than for that person's own use and consumption, and	4387
includes pharmacies, hospitals, nursing homes, and laboratories	4388
and all other persons who procure dangerous drugs for sale or	4389
other distribution by or under the supervision of a pharmacist or	4390
licensed health professional authorized to prescribe drugs.	4391

(R) "Promote to the public" means disseminating a	4392
representation to the public in any manner or by any means, other	4393
than by labeling, for the purpose of inducing, or that is likely	4394
to induce, directly or indirectly, the purchase of a dangerous	4395
drug at retail.	4396

(S) "Person" includes any individual, partnership,	4397
association, limited liability company, or corporation, the state,	4398
any political subdivision of the state, and any district,	4399
department, or agency of the state or its political subdivisions.	4400

(T) "Finished dosage form" has the same meaning as in section	4401
3715.01 of the Revised Code.	4402

(U) "Generically equivalent drug" has the same meaning as in	4403
section 3715.01 of the Revised Code.	4404

(V) "Animal shelter" means a facility operated by a humane	4405
society or any society organized under Chapter 1717. of the	4406
Revised Code or a dog pound operated pursuant to Chapter 955. of	4407
the Revised Code.	4408

(W) "Food" has the same meaning as in section 3715.01 of the	4409
Revised Code.	4410

Sec. 4731.22.  (A) The state medical board, by an affirmative	4411
vote of not fewer than six of its members, may revoke or may	4412
refuse to grant a certificate to a person found by the board to	4413
have committed fraud during the administration of the examination	4414
for a certificate to practice or to have committed fraud,	4415
misrepresentation, or deception in applying for or securing any	4416
certificate to practice or certificate of registration issued by	4417
the board.	4418

(B) The board, by an affirmative vote of not fewer than six	4419
members, shall, to the extent permitted by law, limit, revoke, or	4420
suspend an individual's certificate to practice, refuse to	4421
register an individual, refuse to reinstate a certificate, or	4422
reprimand or place on probation the holder of a certificate for	4423
one or more of the following reasons:	4424

(1) Permitting one's name or one's certificate to practice or	4425
certificate of registration to be used by a person, group, or	4426
corporation when the individual concerned is not actually	4427
directing the treatment given;	4428

(2) Failure to maintain minimal standards applicable to the	4429
selection or administration of drugs, or failure to employ	4430
acceptable scientific methods in the selection of drugs or other	4431
modalities for treatment of disease;	4432

(3) Selling, giving away, personally furnishing, prescribing,	4433
or administering drugs for other than legal and legitimate	4434
therapeutic purposes or a plea of guilty to, a judicial finding of	4435
guilt of, or a judicial finding of eligibility for intervention in	4436
lieu of conviction of, a violation of any federal or state law	4437
regulating the possession, distribution, or use of any drug;	4438

(4) Willfully betraying a professional confidence.

4439

For purposes of this division, "willfully betraying a	4440
professional confidence" does not include providing any	4441
information, documents, or reports to a child fatality review	4442
board under sections 307.621 to 307.629 of the Revised Code and	4443
does not include the making of a report of an employee's use of a	4444
drug of abuse, or a report of a condition of an employee other	4445
than one involving the use of a drug of abuse, to the employer of	4446
the employee as described in division (B) of section 2305.33 of	4447
the Revised Code. Nothing in this division affects the immunity	4448
from civil liability conferred by that section upon a physician	4449
who makes either type of report in accordance with division (B) of	4450
that section. As used in this division, "employee," "employer,"	4451
and "physician" have the same meanings as in section 2305.33 of	4452
the Revised Code.	4453

(5) Making a false, fraudulent, deceptive, or misleading	4454
statement in the solicitation of or advertising for patients; in	4455
relation to the practice of medicine and surgery, osteopathic	4456
medicine and surgery, podiatric medicine and surgery, or a limited	4457
branch of medicine; or in securing or attempting to secure any	4458
certificate to practice or certificate of registration issued by	4459
the board.	4460

As used in this division, "false, fraudulent, deceptive, or	4461
misleading statement" means a statement that includes a	4462
misrepresentation of fact, is likely to mislead or deceive because	4463
of a failure to disclose material facts, is intended or is likely	4464
to create false or unjustified expectations of favorable results,	4465
or includes representations or implications that in reasonable	4466
probability will cause an ordinarily prudent person to	4467
misunderstand or be deceived.	4468

(6) A departure from, or the failure to conform to, minimal	4469
standards of care of similar practitioners under the same or	4470
similar circumstances, whether or not actual injury to a patient	4471
is established;	4472

(7) Representing, with the purpose of obtaining compensation	4473
or other advantage as personal gain or for any other person, that	4474
an incurable disease or injury, or other incurable condition, can	4475
be permanently cured;	4476

(8) The obtaining of, or attempting to obtain, money or	4477
anything of value by fraudulent misrepresentations in the course	4478
of practice;	4479

(9) A plea of guilty to, a judicial finding of guilt of, or a	4480
judicial finding of eligibility for intervention in lieu of	4481
conviction for, a felony;	4482

(10) Commission of an act that constitutes a felony in this	4483
state, regardless of the jurisdiction in which the act was	4484
committed;	4485

(11) A plea of guilty to, a judicial finding of guilt of, or	4486
a judicial finding of eligibility for intervention in lieu of	4487
conviction for, a misdemeanor committed in the course of practice;	4488

(12) Commission of an act in the course of practice that	4489
constitutes a misdemeanor in this state, regardless of the	4490
jurisdiction in which the act was committed;	4491

(13) A plea of guilty to, a judicial finding of guilt of, or	4492
a judicial finding of eligibility for intervention in lieu of	4493
conviction for, a misdemeanor involving moral turpitude;	4494

(14) Commission of an act involving moral turpitude that	4495
constitutes a misdemeanor in this state, regardless of the	4496
jurisdiction in which the act was committed;	4497

(15) Violation of the conditions of limitation placed by the	4498
board upon a certificate to practice;	4499

(16) Failure to pay license renewal fees specified in this	4500
chapter;	4501

(17) Except as authorized in section 4731.31 of the Revised	4502
Code, engaging in the division of fees for referral of patients,	4503
or the receiving of a thing of value in return for a specific	4504
referral of a patient to utilize a particular service or business;	4505

(18) Subject to section 4731.226 of the Revised Code,	4506
violation of any provision of a code of ethics of the American	4507
medical association, the American osteopathic association, the	4508
American podiatric medical association, or any other national	4509
professional organizations that the board specifies by rule. The	4510
state medical board shall obtain and keep on file current copies	4511
of the codes of ethics of the various national professional	4512
organizations. The individual whose certificate is being suspended	4513
or revoked shall not be found to have violated any provision of a	4514
code of ethics of an organization not appropriate to the	4515
individual's profession.	4516

For purposes of this division, a "provision of a code of	4517
ethics of a national professional organization" does not include	4518
any provision that would preclude the making of a report by a	4519
physician of an employee's use of a drug of abuse, or of a	4520
condition of an employee other than one involving the use of a	4521
drug of abuse, to the employer of the employee as described in	4522
division (B) of section 2305.33 of the Revised Code. Nothing in	4523
this division affects the immunity from civil liability conferred	4524
by that section upon a physician who makes either type of report	4525
in accordance with division (B) of that section. As used in this	4526
division, "employee," "employer," and "physician" have the same	4527
meanings as in section 2305.33 of the Revised Code.	4528

(19) Inability to practice according to acceptable and	4529
prevailing standards of care by reason of mental illness or	4530
physical illness, including, but not limited to, physical	4531
deterioration that adversely affects cognitive, motor, or	4532
perceptive skills.	4533

In enforcing this division, the board, upon a showing of a	4534
possible violation, may compel any individual authorized to	4535
practice by this chapter or who has submitted an application	4536
pursuant to this chapter to submit to a mental examination,	4537
physical examination, including an HIV test, or both a mental and	4538
a physical examination. The expense of the examination is the	4539
responsibility of the individual compelled to be examined. Failure	4540
to submit to a mental or physical examination or consent to an HIV	4541
test ordered by the board constitutes an admission of the	4542
allegations against the individual unless the failure is due to	4543
circumstances beyond the individual's control, and a default and	4544
final order may be entered without the taking of testimony or	4545
presentation of evidence. If the board finds an individual unable	4546
to practice because of the reasons set forth in this division, the	4547
board shall require the individual to submit to care, counseling,	4548
or treatment by physicians approved or designated by the board, as	4549
a condition for initial, continued, reinstated, or renewed	4550
authority to practice. An individual affected under this division	4551
shall be afforded an opportunity to demonstrate to the board the	4552
ability to resume practice in compliance with acceptable and	4553
prevailing standards under the provisions of the individual's	4554
certificate. For the purpose of this division, any individual who	4555
applies for or receives a certificate to practice under this	4556
chapter accepts the privilege of practicing in this state and, by	4557
so doing, shall be deemed to have given consent to submit to a	4558
mental or physical examination when directed to do so in writing	4559
by the board, and to have waived all objections to the	4560
admissibility of testimony or examination reports that constitute	4561
a privileged communication.	4562

(20) Except when civil penalties are imposed under section	4563
4731.225 or 4731.281 of the Revised Code, and subject to section	4564
4731.226 of the Revised Code, violating or attempting to violate,	4565
directly or indirectly, or assisting in or abetting the violation	4566
of, or conspiring to violate, any provisions of this chapter or	4567
any rule promulgated by the board.	4568

This division does not apply to a violation or attempted	4569
violation of, assisting in or abetting the violation of, or a	4570
conspiracy to violate, any provision of this chapter or any rule	4571
adopted by the board that would preclude the making of a report by	4572
a physician of an employee's use of a drug of abuse, or of a	4573
condition of an employee other than one involving the use of a	4574
drug of abuse, to the employer of the employee as described in	4575
division (B) of section 2305.33 of the Revised Code. Nothing in	4576
this division affects the immunity from civil liability conferred	4577
by that section upon a physician who makes either type of report	4578
in accordance with division (B) of that section. As used in this	4579
division, "employee," "employer," and "physician" have the same	4580
meanings as in section 2305.33 of the Revised Code.	4581

(21) The violation of any abortion rule adopted by the public	4582
health council pursuant to section 3701.341 of the Revised Code;	4583

(22) Any of the following actions taken by the agency	4584
responsible for regulating the practice of medicine and surgery,	4585
osteopathic medicine and surgery, podiatric medicine and surgery,	4586
or the limited branches of medicine in another jurisdiction, for	4587
any reason other than the nonpayment of fees: the limitation,	4588
revocation, or suspension of an individual's license to practice;	4589
acceptance of an individual's license surrender; denial of a	4590
license; refusal to renew or reinstate a license; imposition of	4591
probation; or issuance of an order of censure or other reprimand;	4592

(23) The violation of section 2919.12 of the Revised Code or	4593
the performance or inducement of an abortion upon a pregnant woman	4594
with actual knowledge that the conditions specified in division	4595
(B) of section 2317.56 of the Revised Code have not been satisfied	4596
or with a heedless indifference as to whether those conditions	4597
have been satisfied, unless an affirmative defense as specified in	4598
division (H)(2) of that section would apply in a civil action	4599
authorized by division (H)(1) of that section;	4600

(24) The revocation, suspension, restriction, reduction, or	4601
termination of clinical privileges by the United States department	4602
of defense or department of veterans affairs or the termination or	4603
suspension of a certificate of registration to prescribe drugs by	4604
the drug enforcement administration of the United States	4605
department of justice;	4606

(25) Termination or suspension from participation in the	4607
medicare or medicaid programs by the department of health and	4608
human services or other responsible agency for any act or acts	4609
that also would constitute a violation of division (B)(2), (3),	4610
(6), (8), or (19) of this section;	4611

(26) Impairment of ability to practice according to	4612
acceptable and prevailing standards of care because of habitual or	4613
excessive use or abuse of drugs, alcohol, or other substances that	4614
impair ability to practice.	4615

For the purposes of this division, any individual authorized	4616
to practice by this chapter accepts the privilege of practicing in	4617
this state subject to supervision by the board. By filing an	4618
application for or holding a certificate to practice under this	4619
chapter, an individual shall be deemed to have given consent to	4620
submit to a mental or physical examination when ordered to do so	4621
by the board in writing, and to have waived all objections to the	4622
admissibility of testimony or examination reports that constitute	4623
privileged communications.	4624

If it has reason to believe that any individual authorized to	4625
practice by this chapter or any applicant for certification to	4626
practice suffers such impairment, the board may compel the	4627
individual to submit to a mental or physical examination, or both.	4628
The expense of the examination is the responsibility of the	4629
individual compelled to be examined. Any mental or physical	4630
examination required under this division shall be undertaken by a	4631
treatment provider or physician who is qualified to conduct the	4632
examination and who is chosen by the board.	4633

Failure to submit to a mental or physical examination ordered	4634
by the board constitutes an admission of the allegations against	4635
the individual unless the failure is due to circumstances beyond	4636
the individual's control, and a default and final order may be	4637
entered without the taking of testimony or presentation of	4638
evidence. If the board determines that the individual's ability to	4639
practice is impaired, the board shall suspend the individual's	4640
certificate or deny the individual's application and shall require	4641
the individual, as a condition for initial, continued, reinstated,	4642
or renewed certification to practice, to submit to treatment.	4643

Before being eligible to apply for reinstatement of a	4644
certificate suspended under this division, the impaired	4645
practitioner shall demonstrate to the board the ability to resume	4646
practice in compliance with acceptable and prevailing standards of	4647
care under the provisions of the practitioner's certificate. The	4648
demonstration shall include, but shall not be limited to, the	4649
following:	4650

(a) Certification from a treatment provider approved under	4651
section 4731.25 of the Revised Code that the individual has	4652
successfully completed any required inpatient treatment;	4653

(b) Evidence of continuing full compliance with an aftercare	4654
contract or consent agreement;	4655

(c) Two written reports indicating that the individual's	4656
ability to practice has been assessed and that the individual has	4657
been found capable of practicing according to acceptable and	4658
prevailing standards of care. The reports shall be made by	4659
individuals or providers approved by the board for making the	4660
assessments and shall describe the basis for their determination.	4661

The board may reinstate a certificate suspended under this	4662
division after that demonstration and after the individual has	4663
entered into a written consent agreement.	4664

When the impaired practitioner resumes practice, the board	4665
shall require continued monitoring of the individual. The	4666
monitoring shall include, but not be limited to, compliance with	4667
the written consent agreement entered into before reinstatement or	4668
with conditions imposed by board order after a hearing, and, upon	4669
termination of the consent agreement, submission to the board for	4670
at least two years of annual written progress reports made under	4671
penalty of perjury stating whether the individual has maintained	4672
sobriety.	4673

(27) A second or subsequent violation of section 4731.66 or	4674
4731.69 of the Revised Code;	4675

(28) Except as provided in division (N) of this section:

4676

(a) Waiving the payment of all or any part of a deductible or	4677
copayment that a patient, pursuant to a health insurance or health	4678
care policy, contract, or plan that covers the individual's	4679
services, otherwise would be required to pay if the waiver is used	4680
as an enticement to a patient or group of patients to receive	4681
health care services from that individual;	4682

(b) Advertising that the individual will waive the payment of	4683
all or any part of a deductible or copayment that a patient,	4684
pursuant to a health insurance or health care policy, contract, or	4685
plan that covers the individual's services, otherwise would be	4686
required to pay.	4687

(29) Failure to use universal blood and body fluid	4688
precautions established by rules adopted under section 4731.051 of	4689
the Revised Code;	4690

(30) Failure of a collaborating physician to fulfill the	4691
responsibilities agreed to by the physician and an advanced	4692
practice nurse participating in a pilot program under section	4693
4723.52 of the Revised Code;	4694

(31) Failure to provide notice to, and receive acknowledgment	4695
of the notice from, a patient when required by section 4731.143 of	4696
the Revised Code prior to providing nonemergency professional	4697
services, or failure to maintain that notice in the patient's	4698
file;	4699

(32)(31) Failure of a physician supervising a physician	4700
assistant to maintain supervision in accordance with the	4701
requirements of Chapter 4730. of the Revised Code and the rules	4702
adopted under that chapter;	4703

(33)(32) Failure of a physician or podiatrist to enter into a	4704
standard care arrangement with a clinical nurse specialist,	4705
certified nurse-midwife, or certified nurse practitioner with whom	4706
the physician or podiatrist is in collaboration pursuant to	4707
section 4731.27 of the Revised Code or failure to fulfill the	4708
responsibilities of collaboration after entering into a standard	4709
care arrangement;	4710

(34)(33) Failure to comply with the terms of a consult	4711
agreement entered into with a pharmacist pursuant to section	4712
4729.39 of the Revised Code;	4713

(35)(34) Failure to cooperate in an investigation conducted	4714
by the board under division (F) of this section, including failure	4715
to comply with a subpoena or order issued by the board or failure	4716
to answer truthfully a question presented by the board at a	4717
deposition or in written interrogatories, except that failure to	4718
cooperate with an investigation shall not constitute grounds for	4719
discipline under this section if a court of competent jurisdiction	4720
has issued an order that either quashes a subpoena or permits the	4721
individual to withhold the testimony or evidence in issue;	4722

(36)(35) Failure to supervise an acupuncturist in accordance	4723
with Chapter 4762. of the Revised Code and the board's rules for	4724
supervision of an acupuncturist;	4725

(37)(36) Failure to supervise an anesthesiologist assistant	4726
in accordance with Chapter 4760. of the Revised Code and the	4727
board's rules for supervision of an anesthesiologist assistant;	4728

(38)(37) Assisting suicide as defined in section 3795.01 of	4729
the Revised Code.	4730

(C) Disciplinary actions taken by the board under divisions	4731
(A) and (B) of this section shall be taken pursuant to an	4732
adjudication under Chapter 119. of the Revised Code, except that	4733
in lieu of an adjudication, the board may enter into a consent	4734
agreement with an individual to resolve an allegation of a	4735
violation of this chapter or any rule adopted under it. A consent	4736
agreement, when ratified by an affirmative vote of not fewer than	4737
six members of the board, shall constitute the findings and order	4738
of the board with respect to the matter addressed in the	4739
agreement. If the board refuses to ratify a consent agreement, the	4740
admissions and findings contained in the consent agreement shall	4741
be of no force or effect.	4742

(D) For purposes of divisions (B)(10), (12), and (14) of this	4743
section, the commission of the act may be established by a finding	4744
by the board, pursuant to an adjudication under Chapter 119. of	4745
the Revised Code, that the individual committed the act. The board	4746
does not have jurisdiction under those divisions if the trial	4747
court renders a final judgment in the individual's favor and that	4748
judgment is based upon an adjudication on the merits. The board	4749
has jurisdiction under those divisions if the trial court issues	4750
an order of dismissal upon technical or procedural grounds.	4751

(E) The sealing of conviction records by any court shall have	4752
no effect upon a prior board order entered under this section or	4753
upon the board's jurisdiction to take action under this section	4754
if, based upon a plea of guilty, a judicial finding of guilt, or a	4755
judicial finding of eligibility for intervention in lieu of	4756
conviction, the board issued a notice of opportunity for a hearing	4757
prior to the court's order to seal the records. The board shall	4758
not be required to seal, destroy, redact, or otherwise modify its	4759
records to reflect the court's sealing of conviction records.	4760

(F)(1) The board shall investigate evidence that appears to	4761
show that a person has violated any provision of this chapter or	4762
any rule adopted under it. Any person may report to the board in a	4763
signed writing any information that the person may have that	4764
appears to show a violation of any provision of this chapter or	4765
any rule adopted under it. In the absence of bad faith, any person	4766
who reports information of that nature or who testifies before the	4767
board in any adjudication conducted under Chapter 119. of the	4768
Revised Code shall not be liable in damages in a civil action as a	4769
result of the report or testimony. Each complaint or allegation of	4770
a violation received by the board shall be assigned a case number	4771
and shall be recorded by the board.	4772

(2) Investigations of alleged violations of this chapter or	4773
any rule adopted under it shall be supervised by the supervising	4774
member elected by the board in accordance with section 4731.02 of	4775
the Revised Code and by the secretary as provided in section	4776
4731.39 of the Revised Code. The president may designate another	4777
member of the board to supervise the investigation in place of the	4778
supervising member. No member of the board who supervises the	4779
investigation of a case shall participate in further adjudication	4780
of the case.	4781

(3) In investigating a possible violation of this chapter or	4782
any rule adopted under this chapter, the board may administer	4783
oaths, order the taking of depositions, issue subpoenas, and	4784
compel the attendance of witnesses and production of books,	4785
accounts, papers, records, documents, and testimony, except that a	4786
subpoena for patient record information shall not be issued	4787
without consultation with the attorney general's office and	4788
approval of the secretary and supervising member of the board.	4789
Before issuance of a subpoena for patient record information, the	4790
secretary and supervising member shall determine whether there is	4791
probable cause to believe that the complaint filed alleges a	4792
violation of this chapter or any rule adopted under it and that	4793
the records sought are relevant to the alleged violation and	4794
material to the investigation. The subpoena may apply only to	4795
records that cover a reasonable period of time surrounding the	4796
alleged violation.	4797

On failure to comply with any subpoena issued by the board	4798
and after reasonable notice to the person being subpoenaed, the	4799
board may move for an order compelling the production of persons	4800
or records pursuant to the Rules of Civil Procedure.	4801

A subpoena issued by the board may be served by a sheriff,	4802
the sheriff's deputy, or a board employee designated by the board.	4803
Service of a subpoena issued by the board may be made by	4804
delivering a copy of the subpoena to the person named therein,	4805
reading it to the person, or leaving it at the person's usual	4806
place of residence. When the person being served is a person whose	4807
practice is authorized by this chapter, service of the subpoena	4808
may be made by certified mail, restricted delivery, return receipt	4809
requested, and the subpoena shall be deemed served on the date	4810
delivery is made or the date the person refuses to accept	4811
delivery.	4812

A sheriff's deputy who serves a subpoena shall receive the	4813
same fees as a sheriff. Each witness who appears before the board	4814
in obedience to a subpoena shall receive the fees and mileage	4815
provided for witnesses in civil cases in the courts of common	4816
pleas.	4817

(4) All hearings and investigations of the board shall be	4818
considered civil actions for the purposes of section 2305.252 of	4819
the Revised Code.	4820

(5) Information received by the board pursuant to an	4821
investigation is confidential and not subject to discovery in any	4822
civil action.	4823

The board shall conduct all investigations and proceedings in	4824
a manner that protects the confidentiality of patients and persons	4825
who file complaints with the board. The board shall not make	4826
public the names or any other identifying information about	4827
patients or complainants unless proper consent is given or, in the	4828
case of a patient, a waiver of the patient privilege exists under	4829
division (B) of section 2317.02 of the Revised Code, except that	4830
consent or a waiver of that nature is not required if the board	4831
possesses reliable and substantial evidence that no bona fide	4832
physician-patient relationship exists.	4833

The board may share any information it receives pursuant to	4834
an investigation, including patient records and patient record	4835
information, with law enforcement agencies, other licensing	4836
boards, and other governmental agencies that are prosecuting,	4837
adjudicating, or investigating alleged violations of statutes or	4838
administrative rules. An agency or board that receives the	4839
information shall comply with the same requirements regarding	4840
confidentiality as those with which the state medical board must	4841
comply, notwithstanding any conflicting provision of the Revised	4842
Code or procedure of the agency or board that applies when it is	4843
dealing with other information in its possession. In a judicial	4844
proceeding, the information may be admitted into evidence only in	4845
accordance with the Rules of Evidence, but the court shall require	4846
that appropriate measures are taken to ensure that confidentiality	4847
is maintained with respect to any part of the information that	4848
contains names or other identifying information about patients or	4849
complainants whose confidentiality was protected by the state	4850
medical board when the information was in the board's possession.	4851
Measures to ensure confidentiality that may be taken by the court	4852
include sealing its records or deleting specific information from	4853
its records.	4854

(6) On a quarterly basis, the board shall prepare a report	4855
that documents the disposition of all cases during the preceding	4856
three months. The report shall contain the following information	4857
for each case with which the board has completed its activities:	4858

(a) The case number assigned to the complaint or alleged	4859
violation;	4860

(b) The type of certificate to practice, if any, held by the	4861
individual against whom the complaint is directed;	4862

(c) A description of the allegations contained in the	4863
complaint;	4864

(d) The disposition of the case.

4865

The report shall state how many cases are still pending and	4866
shall be prepared in a manner that protects the identity of each	4867
person involved in each case. The report shall be a public record	4868
under section 149.43 of the Revised Code.	4869

(G) If the secretary and supervising member determine that	4870
there is clear and convincing evidence that an individual has	4871
violated division (B) of this section and that the individual's	4872
continued practice presents a danger of immediate and serious harm	4873
to the public, they may recommend that the board suspend the	4874
individual's certificate to practice without a prior hearing.	4875
Written allegations shall be prepared for consideration by the	4876
board.	4877

The board, upon review of those allegations and by an	4878
affirmative vote of not fewer than six of its members, excluding	4879
the secretary and supervising member, may suspend a certificate	4880
without a prior hearing. A telephone conference call may be	4881
utilized for reviewing the allegations and taking the vote on the	4882
summary suspension.	4883

The board shall issue a written order of suspension by	4884
certified mail or in person in accordance with section 119.07 of	4885
the Revised Code. The order shall not be subject to suspension by	4886
the court during pendency of any appeal filed under section 119.12	4887
of the Revised Code. If the individual subject to the summary	4888
suspension requests an adjudicatory hearing by the board, the date	4889
set for the hearing shall be within fifteen days, but not earlier	4890
than seven days, after the individual requests the hearing, unless	4891
otherwise agreed to by both the board and the individual.	4892

Any summary suspension imposed under this division shall	4893
remain in effect, unless reversed on appeal, until a final	4894
adjudicative order issued by the board pursuant to this section	4895
and Chapter 119. of the Revised Code becomes effective. The board	4896
shall issue its final adjudicative order within sixty days after	4897
completion of its hearing. A failure to issue the order within	4898
sixty days shall result in dissolution of the summary suspension	4899
order but shall not invalidate any subsequent, final adjudicative	4900
order.	4901

(H) If the board takes action under division (B)(9), (11), or	4902
(13) of this section and the judicial finding of guilt, guilty	4903
plea, or judicial finding of eligibility for intervention in lieu	4904
of conviction is overturned on appeal, upon exhaustion of the	4905
criminal appeal, a petition for reconsideration of the order may	4906
be filed with the board along with appropriate court documents.	4907
Upon receipt of a petition of that nature and supporting court	4908
documents, the board shall reinstate the individual's certificate	4909
to practice. The board may then hold an adjudication under Chapter	4910
119. of the Revised Code to determine whether the individual	4911
committed the act in question. Notice of an opportunity for a	4912
hearing shall be given in accordance with Chapter 119. of the	4913
Revised Code. If the board finds, pursuant to an adjudication held	4914
under this division, that the individual committed the act or if	4915
no hearing is requested, the board may order any of the sanctions	4916
identified under division (B) of this section.	4917

(I) The certificate to practice issued to an individual under	4918
this chapter and the individual's practice in this state are	4919
automatically suspended as of the date the individual pleads	4920
guilty to, is found by a judge or jury to be guilty of, or is	4921
subject to a judicial finding of eligibility for intervention in	4922
lieu of conviction in this state or treatment or intervention in	4923
lieu of conviction in another jurisdiction for any of the	4924
following criminal offenses in this state or a substantially	4925
equivalent criminal offense in another jurisdiction: aggravated	4926
murder, murder, voluntary manslaughter, felonious assault,	4927
kidnapping, rape, sexual battery, gross sexual imposition,	4928
aggravated arson, aggravated robbery, or aggravated burglary.	4929
Continued practice after suspension shall be considered practicing	4930
without a certificate.	4931

The board shall notify the individual subject to the	4932
suspension by certified mail or in person in accordance with	4933
section 119.07 of the Revised Code. If an individual whose	4934
certificate is suspended under this division fails to make a	4935
timely request for an adjudication under Chapter 119. of the	4936
Revised Code, the board shall enter a final order permanently	4937
revoking the individual's certificate to practice.	4938

(J) If the board is required by Chapter 119. of the Revised	4939
Code to give notice of an opportunity for a hearing and if the	4940
individual subject to the notice does not timely request a hearing	4941
in accordance with section 119.07 of the Revised Code, the board	4942
is not required to hold a hearing, but may adopt, by an	4943
affirmative vote of not fewer than six of its members, a final	4944
order that contains the board's findings. In that final order, the	4945
board may order any of the sanctions identified under division (A)	4946
or (B) of this section.	4947

(K) Any action taken by the board under division (B) of this	4948
section resulting in a suspension from practice shall be	4949
accompanied by a written statement of the conditions under which	4950
the individual's certificate to practice may be reinstated. The	4951
board shall adopt rules governing conditions to be imposed for	4952
reinstatement. Reinstatement of a certificate suspended pursuant	4953
to division (B) of this section requires an affirmative vote of	4954
not fewer than six members of the board.	4955

(L) When the board refuses to grant a certificate to an	4956
applicant, revokes an individual's certificate to practice,	4957
refuses to register an applicant, or refuses to reinstate an	4958
individual's certificate to practice, the board may specify that	4959
its action is permanent. An individual subject to a permanent	4960
action taken by the board is forever thereafter ineligible to hold	4961
a certificate to practice and the board shall not accept an	4962
application for reinstatement of the certificate or for issuance	4963
of a new certificate.	4964

(M) Notwithstanding any other provision of the Revised Code,	4965
all of the following apply:	4966

(1) The surrender of a certificate issued under this chapter	4967
shall not be effective unless or until accepted by the board.	4968
Reinstatement of a certificate surrendered to the board requires	4969
an affirmative vote of not fewer than six members of the board.	4970

(2) An application for a certificate made under the	4971
provisions of this chapter may not be withdrawn without approval	4972
of the board.	4973

(3) Failure by an individual to renew a certificate of	4974
registration in accordance with this chapter shall not remove or	4975
limit the board's jurisdiction to take any disciplinary action	4976
under this section against the individual.	4977

(N) Sanctions shall not be imposed under division (B)(28) of	4978
this section against any person who waives deductibles and	4979
copayments as follows:	4980

(1) In compliance with the health benefit plan that expressly	4981
allows such a practice. Waiver of the deductibles or copayments	4982
shall be made only with the full knowledge and consent of the plan	4983
purchaser, payer, and third-party administrator. Documentation of	4984
the consent shall be made available to the board upon request.	4985

(2) For professional services rendered to any other person	4986
authorized to practice pursuant to this chapter, to the extent	4987
allowed by this chapter and rules adopted by the board.	4988

(O) Under the board's investigative duties described in this	4989
section and subject to division (F) of this section, the board	4990
shall develop and implement a quality intervention program	4991
designed to improve through remedial education the clinical and	4992
communication skills of individuals authorized under this chapter	4993
to practice medicine and surgery, osteopathic medicine and	4994
surgery, and podiatric medicine and surgery. In developing and	4995
implementing the quality intervention program, the board may do	4996
all of the following:	4997

(1) Offer in appropriate cases as determined by the board an	4998
educational and assessment program pursuant to an investigation	4999
the board conducts under this section;	5000

(2) Select providers of educational and assessment services,	5001
including a quality intervention program panel of case reviewers;	5002

(3) Make referrals to educational and assessment service	5003
providers and approve individual educational programs recommended	5004
by those providers. The board shall monitor the progress of each	5005
individual undertaking a recommended individual educational	5006
program.	5007

(4) Determine what constitutes successful completion of an	5008
individual educational program and require further monitoring of	5009
the individual who completed the program or other action that the	5010
board determines to be appropriate;	5011

(5) Adopt rules in accordance with Chapter 119. of the	5012
Revised Code to further implement the quality intervention	5013
program.	5014

An individual who participates in an individual educational	5015
program pursuant to this division shall pay the financial	5016
obligations arising from that educational program.	5017

Section 2. That existing sections 1533.18, 1701.76, 1701.82,	5018
1775.14, 2117.06, 2125.02, 2125.04, 2305.01, 2305.03, 2305.10,	5019
2305.113, 2305.234, 2305.25, 2307.011, 2307.23, 2307.29, 2307.60,	5020
2307.71, 2307.75, 2307.80, 2315.01, 2315.21, 2315.32, 2315.33,	5021
2315.34, 2315.36, 2323.51, 2505.02, 3719,81, 4507.07, 4513.263,	5022
4713.02, 4715.42, 4723.01, 4723.03, 4723.28, 4723.43, 4723.44,	5023
4723.48, 4723.482, 4729.01, and 4731.22 and sections        Sec. 2315.41. ,	5024
Sec. 2315.42. ,        Sec. 2315.43. ,        Sec. 2315.44. ,        Sec. 2315.45. , and        Sec. 2315.46.  of the Revised	5025
Code are hereby repealed.	5026

Section 3. The General Assembly makes the following statement	5027
of findings and intent:	5028

(A) The General Assembly finds:

5029

(1) The current civil litigation system represents a	5030
challenge to the economy of the state of Ohio, which is dependent	5031
on business providing essential jobs and creative innovation.	5032

(2) The General Assembly recognizes that a fair system of	5033
civil justice strikes an essential balance between the rights of	5034
those who have been legitimately harmed and the rights of those	5035
who have been unfairly sued.	5036

(3) This state has a rational and legitimate state interest	5037
in making certain that Ohio has a fair, predictable system of	5038
civil justice that preserves the rights of those who have been	5039
harmed by negligent behavior, while curbing the number of	5040
frivolous lawsuits, which increases the cost of doing business,	5041
threatens Ohio jobs, drives up costs to consumers, and may stifle	5042
innovation. The General Assembly bases its findings on this state	5043
interest upon the following evidence:	5044

(a) A National Bureau of Economic Research study estimates	5045
that states that have adopted abuse reforms have experienced	5046
employment growth between eleven and twelve per cent, productivity	5047
growth of seven to eight per cent, and total output growth between	5048
ten and twenty per cent for liability reducing reforms.	5049

(b) According to a 2002 study from the White House Council of	5050
Economic Advisors, the cost of tort litigation is equal to a two	5051
and one tenth per cent wage and salary tax, a one and three tenth	5052
per cent tax on personal consumption, and a three and one tenth	5053
per cent tax on capital investment income.	5054

(c) The 2003 Harris Poll of nine hundred and twenty-eight	5055
senior corporate attorneys conducted by the United States Chamber	5056
of Commerce's Institute for Legal Reform reports that eight out of	5057
ten respondents claim that the litigation environment in a state	5058
could affect important business decisions about their company,	5059
such as where to locate or do business. In addition, one in four	5060
senior attorneys surveyed cited limits on damages as one specific	5061
means for state policy makers to improve the litigation	5062
environment in their state and promote economic development.	5063

(d) The cost of the United States tort system grew at a	5064
record rate in 2001, according to a February 2003 study published	5065
by Tillinghast-Towers Perrin. The system, however, failed to	5066
return even fifty cents for every dollar to people who were	5067
injured. Tillinghast-Towers Perrin also found that fifty-four per	5068
cent of the total cost accounted for attorney's fees, both for	5069
plaintiffs and defendants, and administration. Only twenty-two per	5070
cent of the tort system's cost was used directly to reimburse	5071
people for the economic damages associated with injuries and	5072
losses they sustain.	5073

(e) The Tillinghast-Towers Perrin study also found that the	5074
cost of the United States tort system grew fourteen and three	5075
tenths of a per cent in 2001, the highest increase since 1986,	5076
greatly exceeding overall economic growth of two and six tenth per	5077
cent. As a result, the cost of the United States tort system rose	5078
to two hundred and five billion dollars total or seven hundred and	5079
twenty-one dollars per citizen, equal to a five per cent tax on	5080
wages.	5081

(f) As stated in testimony by Ohio Department of Development	5082
Director Bruce Johnson, as a percentage of the gross domestic	5083
product, United States tort costs have grown from six tenths of a	5084
per cent to two per cent since 1950, about double the percentage	5085
that other industrialized nations pay annually. These tort costs	5086
put Ohio businesses at a disadvantage vis-a-vis foreign	5087
competition and are not helpful to development.	5088

(4)(a) Reform to the punitive damages law in Ohio is urgently	5089
needed to restore balance, fairness, and predictability to the	5090
civil justice system.	5091

(b) In prohibiting a court from entering judgment for	5092
punitive or exemplary damages in excess of the two times the	5093
amount of compensatory damages awarded to the plaintiff and, with	5094
respect to an individual or small employer that employs not more	5095
than one hundred persons or if the employer is classified as being	5096
in the manufacturing sector not more than five hundred persons,	5097
from entering judgment for punitive or exemplary damages in excess	5098
of the lesser of two times the amount of compensatory damages	5099
awarded to the plaintiff or ten per cent of the individual's or	5100
employer's net worth when the tort was committed up to a maximum	5101
of three hundred fifty thousand dollars, the General Assembly	5102
finds the following:	5103

(i) Punitive or exemplary damages awarded in tort actions are	5104
similar in nature to fines and additional court costs imposed in	5105
criminal actions, because punitive or exemplary damages, fines,	5106
and additional court costs are designed to punish a tortfeasor for	5107
certain wrongful actions or omissions.	5108

(ii) The absence of a statutory ceiling upon recoverable	5109
punitive or exemplary damages in tort actions has resulted in	5110
occasional multiple awards of punitive or exemplary damages that	5111
have no rational connection to the wrongful actions or omissions	5112
of the tortfeasor.	5113

(iii) The distinction between small employers and other	5114
defendants based on the number of full-time permanent employees	5115
distinguishes all other defendants including individuals and	5116
nonemployers. This distinction is rationally based on size	5117
considering both the economic capacity of an employer to maintain	5118
that number of employees and to impact the community at large, as	5119
exemplified by the North American Industry Classification System	5120
and the United States Small Business Administration's Office of	5121
Advocacy.	5122

(c) The limits on punitive or exemplary damages as specified	5123
in section 2315.21 of the Revised Code, as amended by this act,	5124
are based on guidance recently provided by the United States	5125
Supreme Court in State Farm Mutual Insurance v. Campbell (2003),	5126
123 S.Ct. 1513. In determining whether a one hundred and	5127
forty-five million dollar award of punitive damages was	5128
appropriate, the United States Supreme Court referred to the three	5129
guideposts for punitive damages articulated in BMW of North	5130
America Inc. v. Gore (1996), 517 U.S. 599: (1) the degree of	5131
reprehensibility of the defendant's misconduct; (2) the disparity	5132
between the actual or potential harm suffered by the plaintiff and	5133
the punitive damages awarded; and (3) the difference between the	5134
punitive damages awarded by the jury and the civil penalties	5135
authorized or imposed in comparable cases. According to the United	5136
States Supreme Court, "few awards exceeding a single digit ratio	5137
between punitive damages and compensatory damages. . . will	5138
satisfy due process." Id. at 31.	5139

(d) The limits on punitive or exemplary damages as specified	5140
in section 2315.21 of the Revised Code, as amended by this act,	5141
are based on testimony asking members of the General Assembly to	5142
recognize the economic impact of occasional multiple punitive	5143
damages awards and stating that a number of other states have	5144
imposed limits on punitive or exemplary damage awards.	5145

(5)(a) Statutes of repose are vital instruments that provide	5146
time limits, closure, and peace of mind to potential parties of	5147
lawsuits.	5148

(b) Forty-seven other states have adopted statutes of repose	5149
to protect architects, engineers, and constructors of improvements	5150
to real property from lawsuits arising after a specific number of	5151
years after completion of an improvement to real property. The	5152
General Assembly recognizes that Kentucky, New York, and Ohio are	5153
the only three states that do not have a statute of repose. The	5154
General Assembly also acknowledges that Ohio stands by itself, due	5155
to the fact that both Kentucky and New York have a rebuttable	5156
presumption that exists and only if a plaintiff can overcome that	5157
presumption can a claim continue.	5158

(c) As stated in testimony by Jack Pottmeyer, architect and	5159
managing principal of MKC Associates, Inc., this unlimited	5160
liability forces professionals to maintain records in perpetuity,	5161
because those professionals cannot reasonably predict when a	5162
record from fifteen or twenty years earlier may become the subject	5163
of a civil action. Those actions occur despite the fact that, over	5164
the course of many years, owners of the property or those	5165
responsible for its maintenance could make modifications or other	5166
substantial changes that would significantly change the intent or	5167
scope of the original design of the property designed by an	5168
architectural firm. The problem is compounded by the fact that	5169
professional liability insurance for architects and engineers is	5170
offered by relatively few insurance carriers and is written on	5171
what is known as a "claims made basis," meaning a policy must be	5172
in effect when the claim is made, not at the time of the service,	5173
in order for the claim to be paid. Without a statute of repose,	5174
professional liability insurance must be maintained forever to	5175
ensure coverage of any potential claim on previous services. These	5176
minimum annual premiums can add up, averaging between three	5177
thousand five hundred dollars and five thousand dollars annually,	5178
which is especially burdensome for a retired design professional.	5179

(6)(a) Noneconomic damages include such things as pain and	5180
suffering, emotional distress, and loss of consortium or	5181
companionship, which do not involve an economic loss and have,	5182
therefore, no precise economic value. Punitive damages are	5183
intended to punish a defendant for wrongful conduct. Pain and	5184
suffering awards are distinct from punitive damages. Pain and	5185
suffering awards are intended to compensate a person for the	5186
person's loss. They are not intended to punish a defendant for	5187
wrongful conduct.	5188

(b) The judicial analysis of compensatory damages	5189
representing noneconomic loss, as specified in section 2315.19 of	5190
the Revised Code, are based on testimony asking members of the	5191
General Assembly to recognize these distinctions.	5192

(c) With respect to noneconomic loss for either: (1)	5193
permanent and substantial physical deformity, loss of use of a	5194
limb, or loss of a bodily organ system; or (2) permanent physical	5195
functional injury that permanently prevents the injured person	5196
from being able to independently care for self and perform	5197
life-sustaining activities, the General Assembly recognizes that	5198
evidence that juries may consider in awarding pain and suffering	5199
damages for these types of injuries is different from evidence	5200
courts may consider for punitive damages. For example, the amount	5201
of a plaintiff's pain and suffering is not relevant to a decision	5202
on wrongdoing, and the degree of the defendant's wrongdoing is not	5203
relevant to the amount of pain and suffering.	5204

(d) While pain and suffering awards are inherently	5205
subjective, it is believed that this inflation of noneconomic	5206
damages is partially due to the improper consideration of evidence	5207
of wrongdoing in assessing pain and suffering damages.	5208

(e) Inflated damage awards create an improper resolution of	5209
civil justice claims. The increased and improper cost of	5210
litigation and resulting rise in insurance premiums is passed on	5211
to the general public through higher prices for products and	5212
services.	5213

(f) Therefore, with respect to the types of injuries	5214
articulated in division (A)(6)(c) of this section, the General	5215
Assembly finds that courts should provide juries with clear	5216
instructions about the purpose of pain and suffering damages.	5217
Courts should instruct juries that evidence of misconduct is not	5218
to be considered in deciding compensation for noneconomic damages	5219
for those types of injuries. Rather, it is to be considered solely	5220
for the purpose of deciding punitive damage awards. In cases in	5221
which punitive damages are requested, defendants should have the	5222
right to request bifurcation of a trial to ensure that evidence of	5223
misconduct is not inappropriately considered by the jury in its	5224
determination of liability and compensatory damages. As additional	5225
protection, trial and appellate courts should rigorously review	5226
pain and suffering awards to ensure that they properly serve	5227
compensatory purposes and are not excessive.	5228

(7)(a) The collateral source rule prohibits a defendant from	5229
introducing evidence that the plaintiff received any benefits from	5230
sources outside the dispute.	5231

(b) Twenty-one states have modified or abolished the	5232
collateral source rule.	5233

(B) In enacting section 2305.131 of the Revised Code in this	5234
act, it is the intent of the General Assembly to do all of the	5235
following:	5236

(1) To declare that the ten-year statute of repose prescribed	5237
by section 2305.131 of the Revised Code, as enacted by this act,	5238
is a specific provision intended to promote a greater interest	5239
than the interest underlying the general four-year statute of	5240
limitations prescribed by section 2305.09 of the Revised Code, the	5241
general two-year statute of limitations prescribed by section	5242
2305.10 of the Revised Code, and other general statutes of	5243
limitation prescribed by the Revised Code;	5244

(2) To recognize that, subsequent to the completion of the	5245
construction of an improvement to real property, all of the	5246
following generally apply to the persons who provided services for	5247
the improvement or who furnished the design, planning, supervision	5248
of construction, or construction of the improvement:	5249

(a) They lack control over the improvement, the ability to	5250
make determinations with respect to the improvement, and the	5251
opportunity or responsibility to maintain or undertake the	5252
maintenance of the improvement.	5253

(b) They lack control over other forces, uses, and	5254
intervening causes that may cause stress, strain, or wear and tear	5255
to the improvement.	5256

(c) They have no right or opportunity to be made aware of, to	5257
evaluate the effect of, or to take action to overcome the effect	5258
of the forces, uses, and intervening causes described in division	5259
(E)(5)(b) of this section.	5260

(3) To recognize that, more than ten years after the	5261
completion of the construction of an improvement to real property,	5262
the availability of relevant evidence pertaining to the	5263
improvement and the availability of witnesses knowledgeable with	5264
respect to the improvement is problematic;	5265

(4) To recognize that maintaining records and other	5266
documentation pertaining to services provided for an improvement	5267
to real property or the design, planning, supervision of	5268
construction, or construction of an improvement to real property	5269
for a reasonable period of time is appropriate and to recognize	5270
that, because the useful life of an improvement to real property	5271
may be substantially longer than ten years after the completion of	5272
the construction of the improvement, it is an unacceptable burden	5273
to require the maintenance of those types of records and other	5274
documentation for a period in excess of ten years after that	5275
completion;	5276

(5) To declare that section 2305.131 of the Revised Code, as	5277
enacted by this act, strikes a rational balance between the rights	5278
of prospective claimants and the rights of design professionals,	5279
construction contractors, and construction subcontractors and to	5280
declare that the ten-year statute of repose prescribed in that	5281
section is a rational period of repose intended to preclude the	5282
pitfalls of stale litigation but not to affect civil actions	5283
against those in actual control and possession of an improvement	5284
to real property at the time that a defective and unsafe condition	5285
of that improvement causes an injury to real or personal property,	5286
bodily injury, or wrongful death.	5287

(C) In enacting division (D)(2) of section 2125.02 and	5288
division (C) of section 2305.10 of the Revised Code in this act,	5289
it is the intent of the General Assembly to do all of the	5290
following:	5291

(1) To declare that the ten-year statute of repose prescribed	5292
by division (D)(2) of section 2125.02 and division (C) of section	5293
2305.10 of the Revised Code, as enacted by this act, are specific	5294
provisions intended to promote a greater interest than the	5295
interest underlying the general four-year statute of limitations	5296
prescribed by section 2305.09 of the Revised Code, the general	5297
two-year statutes of limitations prescribed by sections 2125.02	5298
and 2305.10 of the Revised Code, and other general statutes of	5299
limitations prescribed by the Revised Code;	5300

(2) To declare that, subject to the two-year exceptions	5301
prescribed in division (D)(2)(d) of section 2125.02 and in	5302
division (C)(4) of section 2305.10 of the Revised Code, the	5303
ten-year statutes of repose shall serve as a limitation upon the	5304
commencement of a civil action in accordance with an otherwise	5305
applicable statute of limitations prescribed by the Revised Code;	5306

(3) To recognize that subsequent to the delivery of a	5307
product, the manufacturer or supplier lacks control over the	5308
product, over the uses made of the product, and over the	5309
conditions under which the product is used;	5310

(4) To recognize that under the circumstances described in	5311
division (C)(3) of this section, it is more appropriate for the	5312
party or parties who have had control over the product during the	5313
intervening time period to be responsible for any harm caused by	5314
the product;	5315

(5) To recognize that, more than ten years after a product	5316
has been delivered, it is very difficult for a manufacturer or	5317
supplier to locate reliable evidence and witnesses regarding the	5318
design, production, or marketing of the product, thus severely	5319
disadvantaging manufacturers or suppliers in their efforts to	5320
defend actions based on a product liability claim;	5321

(6) To recognize the inappropriateness of applying current	5322
legal and technological standards to products manufactured many	5323
years prior to the commencement of an action based on a product	5324
liability claim;	5325

(7) To recognize that a statute of repose for product	5326
liability claims would enhance the competitiveness of Ohio	5327
manufacturers by reducing their exposure to disruptive and	5328
protracted liability with respect to products long out of their	5329
control, by increasing finality in commercial transactions, and by	5330
allowing manufacturers to conduct their affairs with increased	5331
certainty;	5332

(8) To declare that division (D)(2) of section 2125.02 and	5333
division (C) of section 2305.10 of the Revised Code, as enacted by	5334
this act, strike a rational balance between the rights of	5335
prospective claimants and the rights of product manufacturers and	5336
suppliers and to declare that the ten-year statutes of repose	5337
prescribed in those sections are rational periods of repose	5338
intended to preclude the problems of stale litigation but not to	5339
affect civil actions against those in actual control and	5340
possession of a product at the time that the product causes an	5341
injury to real or personal property, bodily injury, or wrongful	5342
death;	5343

(D) The General Assembly declares its intent that the	5344
amendment made by this act to section 2307.71 of the Revised Code	5345
is intended to supersede the holding of the Ohio Supreme Court in	5346
Carrel v. Allied Products Corp. (1997), 78 Ohio St.3d 284, that	5347
the common law product liability cause of action of negligent	5348
design survives the enactment of the Ohio Product Liability Act,	5349
sections 2307.71 to 2307.80 of the Revised Code, and to abrogate	5350
all common law product liability causes of action.	5351

(E) The Ohio General Assembly respectfully requests the Ohio	5352
Supreme Court to uphold this intent in the courts of Ohio, to	5353
reconsider its holding on damage caps in State v. Sheward (1999),	5354
Ohio St. 3d 451, to reconsider its holding on the deductibility of	5355
collateral source benefits in Sorrel v. Thevenir (1994), 69 Ohio	5356
St. 3d 415, and to reconsider its holding on statutes of repose in	5357
Brennaman v. R.M.I. Co. (1994), 70 Ohio St. 3d 460.	5358

Section 4. (A) The General Assembly acknowledges the Court's	5359
authority in prescribing rules governing practice and procedure in	5360
the courts of this state, as provided by Section 5 of Article IV	5361
of the Ohio Constitution.	5362

(B) The General Assembly hereby requests the Supreme Court to	5363
adopt a "Legal Consumer's Bill of Rights" that would substantially	5364
conform with the following language:	5365

Each attorney who is licensed to practice law in this state	5366
shall append to every written retainer agreement or contract for	5367
legal services a legal consumer's bill of rights that shall be	5368
substantially in the following form:	5369

"LEGAL CONSUMER'S BILL OF RIGHTS

5370

Consumers of legal services have both rights and	5371
responsibilities in the resolution of legal disputes. Lawyers, as	5372
well, have duties and rights related to the clients they	5373
represent. This listing is designed to provide consumers with an	5374
overview of their rights and responsibilities in relating to their	5375
lawyers and in the resolution of their legal matters.	5376

Client rights and lawyer duties:

5377

1. COURTESY

5378

You can expect to be treated with courtesy and consideration	5379
by your lawyer and by others under the supervision of your lawyer	5380
involved in your legal matter.	5381

2. PROFESSIONALISM

5382

You can expect competent and diligent representation by your	5383
lawyer, in accord with accepted aspirational standards of	5384
professionalism.	5385

3. ATTENTION

5386

You can expect your lawyer's independent professional	5387
judgment and loyalty uncompromised by conflicts of interest. Your	5388
lawyer will maintain accurate records and protect any funds you	5389
provide regarding your legal matter.	5390

4. FEE DISCLOSURE

5391

You can expect your lawyer to fully disclose fee arrangements	5392
and other costs at the onset of your relationship, and to provide	5393
a written fee agreement or contingency fee contract.	5394

5. RESPONSIVENESS

5395

You can expect to have your questions answered and telephone	5396
calls returned by your lawyer in a reasonable time in accordance	5397
with professional standards.	5398

6. CONTROL

5399

You can expect your lawyer to keep you informed about the	5400
progress of your legal matter, to disclose alternative approaches	5401
to resolving your legal matter, and to have you participate	5402
meaningfully in the resolution process.	5403

7. RESPECT

5404

You can expect to have your lawyer respect your legitimate	5405
objectives and to include you in making settlement decisions	5406
regarding your legal dispute.	5407

8. CONFIDENTIALITY

5408

You can expect to have your lawyer honor the attorney-client	5409
privilege, protect your right to privacy and preserve your secrets	5410
and confidences.	5411

9. ETHICS

5412

You can expect ethical conduct from your lawyer in accord	5413
with the Code of Professional Responsibility.	5414

10. NON-DISCRIMINATION

5415

You may not be refused representation based upon race, creed,	5416
color, religion, sex, age, national origin or disability.	5417

11. GRIEVANCES

5418

You may file a grievance with the certified grievance	5419
committee of your local bar association or the Ohio State Bar	5420
Association or with the Board of Commissioners on Grievances and	5421
Discipline of the Supreme Court if you are not satisfied with the	5422
legal services you have retained. The committee and the board	5423
include nonattorneys as members. The Board of Commissioners on	5424
Grievances and Discipline of the Supreme Court of Ohio has the	5425
authority to discipline and to impose sanctions on attorneys in	5426
Ohio.	5427

Client responsibilities

5428

1. TRUTHFULNESS

5429

Your lawyer can expect you to be truthful and to have you	5430
provide a full disclosure of pertinent information needed to	5431
handle your legal matter.	5432

2. RESPONSIVENESS

5433

Your lawyer can expect you to provide timely responses to	5434
reasonable requests for information, and to be on time for legal	5435
proceedings. Your lawyer can expect you to pay your legal bills in	5436
a timely manner.	5437

3. COURTESY

5438

Just as you expect to be treated with respect and courtesy,	5439
your lawyer can expect you to set appointments in advance to meet	5440
with your lawyer, to be responsible for making reasonable requests	5441
of your lawyer's time, and to be treated respectfully.	5442

4. COMMUNICATION

5443

Your lawyers can expect you to communicate in a timely manner	5444
about your legal matter, or if you are unhappy with the way your	5445
matter is being handled. There is a grievance procedure in place	5446
to handle disputes with your lawyer that you are not able to	5447
resolve on your own.	5448

5. ETHICS

5449

Your lawyer can expect not to be asked to engage in behavior	5450
that is unethical, inappropriate, unprofessional, or illegal."	5451

(C) The General Assembly hereby requests the Supreme Court to	5452
amend Ohio Rules of Civil Procedure Rule 68 to conform to Federal	5453
Rules of Civil Procedure Rule 68.	5454

Section 5.  If any item of law that constitutes the whole or	5455
part of a section of law contained in this act, or if any	5456
application of any item of law that constitutes the whole or part	5457
of a section of law contained in this act, is held invalid, the	5458
invalidity does not affect other items of law or applications of	5459
items of law that can be given effect without the invalid item of	5460
law or application. To this end, the items of law of which the	5461
sections contained in this act are composed, and their	5462
applications, are independent and severable.	5463

Section 6. If any item of law that constitutes the whole or	5464
part of a section of law contained in this act, or if any	5465
application of any item of law contained in this act, is held to	5466
be preempted by federal law, the preemption of the item of law or	5467
its application does not affect other items of law or applications	5468
that can be given affect. The items of law of which the sections	5469
of this act are composed, and their applications, are independent	5470
and severable.	5471

Section 7.  Section 2505.02 of the Revised Code is presented	5472
in this act as a composite of the section as amended by Am. Sub.	5473
H.B. 292, Am. Sub. H.B. 342, and Sub. S.B. 187 of the 125th	5474
General Assembly. The General Assembly, applying the principle	5475
stated in division (B) of section 1.52 of the Revised Code that	5476
amendments are to be harmonized if reasonably capable of	5477
simultaneous operation, finds that the composite is the resulting	5478
version of the section in effect prior to the effective date of	5479
the section as presented in this act.	5480

Section 8. Section 2323.44 of the Revised Code, as enacted by	5481
this act, shall take effect January 1, 2006.	5482

Section 9.  This act's amendment of division (A)(7) of	5483
section 4713.02 of the Revised Code does not affect the term of	5484
office of any person serving as a member of the State Board of	5485
Cosmetology on the effective date of this act.	5486

Section 10. This act's amendment of division (B)(24) of	5487
section 4723.28 of the Revised Code does not remove the authority	5488
of the Board of Nursing to conduct investigations and take	5489
disciplinary actions regarding a person who engaged in the	5490
activities specified in that division while participating in one	5491
of the advanced practice nurse pilot programs operated pursuant to	5492
sections 4723.52 to 4723.60 of the Revised Code prior to January	5493
17, 2004, the effective date of the repeal of those sections, as	5494
provided in Section 3 of Am. Sub. H.B. 241 of the 123rd General	5495
Assembly.	5496

Section 11. This act's amendment of division (B)(30) of	5497
section 4731.22 of the Revised Code does not remove the State	5498
Medical Board's authority to conduct investigations and take	5499
disciplinary actions regarding the failure of a collaborating	5500
physician to fulfill the responsibilities agreed to by the	5501
physician and a person participating in one of the advanced	5502
practice nurse pilot programs operated pursuant to sections	5503
4723.52 to 4723.60 of the Revised Code prior to January 17, 2004,	5504
the effective date of the repeal of those sections, as provided in	5505
Section 3 of Am. Sub. H.B. 241 of the 123rd General Assembly.	5506

Section 12.  Section 4723.28 of the Revised Code is presented	5507
in this act as a composite of the section as amended by both Am.	5508
Sub. H.B. 474 and Sub. S.B. 179 of the 124th General Assembly. The	5509
General Assembly, applying the principle stated in division (B) of	5510
section 1.52 of the Revised Code that amendments are to be	5511
harmonized if reasonably capable of simultaneous operation, finds	5512
that the composite is the resulting version of the section in	5513
effect prior to the effective date of the section as presented in	5514
this act.	5515

Section 13.  Section 4731.22 of the Revised Code is presented	5516
in this act as a composite of the section as amended by both Am.	5517
Sub. H.B. 474 and Sub. S.B. 179 of the 124th General Assembly. The	5518
General Assembly, applying the principle stated in division (B) of	5519
section 1.52 of the Revised Code that amendments are to be	5520
harmonized if reasonably capable of simultaneous operation, finds	5521
that the composite is the resulting version of the section in	5522
effect prior to the effective date of the section as presented in	5523
this act.	5524

Section 14. For any cause of action that arises before the	5525
effective date of this act, the provisions set forth in sections	5526
1701.76, 1701.82, and 2307.97 of the Revised Code, as amended or	5527
enacted in Sections 1 and 2 of this act, are to be applied unless	5528
the court that has jurisdiction over the case finds both of the	5529
following:	5530

(A) That a substantive right of a party to the case has been	5531
impaired;	5532

(B) That the impairment is otherwise in violation of Section	5533
28 of Article II, Ohio Constitution.	5534