As Introduced

125th General Assembly Regular Session 2003-2004

S. B. No. 86

Senators Stivers, Miller, Goodman, Jacobson, Randy Gardner, Coughlin, Amstutz, Brady, Herington, Fedor 

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A BILL

To amend sections 2305.234, 3701.071, 4715.42, and

1

4731.295 of the Revised Code to extend immunity

2

from liability for services provided by volunteer

3

health care professionals and workers to more

4

health care facilities and to nonprofit referring

5

organizations, to increase the maximum allowable

6

income of individuals who may be served by

7

volunteers having immunity from liability, and to

8

amend the version of section 2305.234 of the

9

Revised Code that is scheduled to take effect

10

January 1, 2004, to continue the provisions of

11

this act on and after that effective date.

12

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

Section 1. That sections 2305.234, 3701.071, 4715.42, and	13
4731.295 of the Revised Code be amended to read as follows:	14

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

15

(1) "Chiropractic claim," "medical claim," and "optometric	16
claim" have the same meanings as in section 2305.113 of the	17
Revised Code.	18

(2) "Dental claim" has the same meaning as in section	19
2305.113 of the Revised Code, except that it does not include any	20
claim arising out of a dental operation or any derivative claim	21
for relief that arises out of a dental operation.	22

(3) "Governmental health care program" has the same meaning	23
as in section 4731.65 of the Revised Code.	24

(4) "Health care professional" means any of the following who	25
provide medical, dental, or other health-related diagnosis, care,	26
or treatment:	27

(a) Physicians authorized under Chapter 4731. of the Revised	28
Code to practice medicine and surgery or osteopathic medicine and	29
surgery;	30

(b) Registered nurses, advanced practice nurses, and licensed	31
practical nurses licensed under Chapter 4723. of the Revised Code;	32

(c) Physician assistants authorized to practice under Chapter	33
4730. of the Revised Code;	34

(d) Dentists and dental hygienists licensed under Chapter	35
4715. of the Revised Code;	36

(e) Physical therapists licensed under Chapter 4755. of the	37
Revised Code;	38

(f) Chiropractors licensed under Chapter 4734. of the Revised	39
Code;	40

(g) Optometrists licensed under Chapter 4725. of the Revised	41
Code;	42

(h) Podiatrists authorized under Chapter 4731. of the Revised	43
Code to practice podiatry;	44

(i) Dietitians licensed under Chapter 4759. of the Revised	45
Code;	46

(j) Pharmacists licensed under Chapter 4729. of the Revised	47
Code;	48

(k) Emergency medical technicians-basic, emergency medical	49
technicians-intermediate, and emergency medical	50
technicians-paramedic, certified under Chapter 4765. of the	51
Revised Code.	52

(5) "Health care worker" means a person other than a health	53
care professional who provides medical, dental, or other	54
health-related care or treatment under the direction of a health	55
care professional with the authority to direct that individual's	56
activities, including medical technicians, medical assistants,	57
dental assistants, orderlies, aides, and individuals acting in	58
similar capacities.	59

(6) "Indigent and uninsured person" means a person who meets	60
all of the following requirements:	61

(a) The person's income is not greater than onetwo hundred	62
fifty per cent of the current poverty line as defined by the	63
United States office of management and budget and revised in	64
accordance with section 673(2) of the "Omnibus Budget	65
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	66
amended.	67

(b) The person is not eligible to receive medical assistance	68
under Chapter 5111., disability assistance medical assistance	69
under Chapter 5115. of the Revised Code, or assistance under any	70
other governmental health care program.	71

(c) Either of the following applies:

72

(i) The person is not a policyholder, certificate holder,	73
insured, contract holder, subscriber, enrollee, member,	74
beneficiary, or other covered individual under a health insurance	75
or health care policy, contract, or plan.	76

(ii) The person is a policyholder, certificate holder,	77
insured, contract holder, subscriber, enrollee, member,	78
beneficiary, or other covered individual under a health insurance	79
or health care policy, contract, or plan, but the insurer, policy,	80
contract, or plan denies coverage or is the subject of insolvency	81
or bankruptcy proceedings in any jurisdiction.	82

(7) "Operation" means any procedure that involves cutting or	83
otherwise infiltrating human tissue by mechanical means, including	84
surgery, laser surgery, ionizing radiation, therapeutic	85
ultrasound, or the removal of intraocular foreign bodies.	86
"Operation" does not include the administration of medication by	87
injection, unless the injection is administered in conjunction	88
with a procedure infiltrating human tissue by mechanical means	89
other than the administration of medicine by injection.	90

(8) "Nonprofit shelter or health care facility" means a	91
charitable nonprofit corporation organized and operated pursuant	92
to Chapter 1702. of the Revised Code, or any charitable	93
organization not organized and not operated for profit, that	94
provides shelter, health care services, or shelter and health care	95
services to indigent and uninsured persons, except that "shelter	96
or health care facility" does not include a hospital as defined in	97
section 3727.01 of the Revised Code, a facility licensed under	98
Chapter 3721. of the Revised Code, or a medical facility that is	99
operated for profit"Health care facility" means a hospital,	100
clinic, ambulatory surgical treatment center, other center,	101
medical school, office of a health care professional or associated	102
group of health care professionals, infirmary, dispensary, medical	103
training institution, shelter, or other institution or location in	104
or at which medical care, treatment, or diagnosis is provided to a	105
person.	106

(9) "Tort action" means a civil action for damages for	107
injury, death, or loss to person or property other than a civil	108
action for damages for a breach of contract or another agreement	109
between persons or government entities.	110

(10) "Volunteer" means an individual who provides any	111
medical, dental, or other health-care related diagnosis, care, or	112
treatment without the expectation of receiving and without receipt	113
of any compensation or other form of remuneration from an indigent	114
and uninsured person, another person on behalf of an indigent and	115
uninsured person, any shelter or health care facility, or any	116
other person or government entity.	117

(B)(1) Subject to divisions (E) and (F)(3) of this section, a	118
health care professional who is a volunteer and complies with	119
division (B)(2) of this section is not liable in damages to any	120
person or government entity in a tort or other civil action,	121
including an action on a medical, dental, chiropractic,	122
optometric, or other health-related claim, for injury, death, or	123
loss to person or property that allegedly arises from an action or	124
omission of the volunteer in the provision at a nonprofit shelter	125
or health care facility to an indigent and uninsured person of	126
medical, dental, or other health-related diagnosis, care, or	127
treatment, including the provision of samples of medicine and	128
other medical products, unless the action or omission constitutes	129
willful or wanton misconduct.	130

(2) To qualify for the immunity described in division (B)(1)	131
of this section, a health care professional shall do all of the	132
following prior to providing diagnosis, care, or treatment:	133

(a) Determine, in good faith, that the indigent and uninsured	134
person is mentally capable of giving informed consent to the	135
provision of the diagnosis, care, or treatment and is not subject	136
to duress or under undue influence;	137

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

138

(c) Obtain the informed consent of the person and a written	139
waiver, signed by the person or by another individual on behalf of	140
and in the presence of the person, that states that the person is	141
mentally competent to give informed consent and, without being	142
subject to duress or under undue influence, gives informed consent	143
to the provision of the diagnosis, care, or treatment subject to	144
the provisions of this section.	145

(3) A physician or podiatrist who is not covered by medical	146
malpractice insurance, but complies with division (B)(2) of this	147
section, is not required to comply with division (A) of section	148
4731.143 of the Revised Code.	149

(C) Subject to divisions (E) and (F)(3) of this section,	150
health care workers who are volunteers are not liable in damages	151
to any person or government entity in a tort or other civil	152
action, including an action upon a medical, dental, chiropractic,	153
optometric, or other health-related claim, for injury, death, or	154
loss to person or property that allegedly arises from an action or	155
omission of the health care worker in the provision at a nonprofit	156
shelter or health care facility to an indigent and uninsured	157
person of medical, dental, or other health-related diagnosis,	158
care, or treatment, unless the action or omission constitutes	159
willful or wanton misconduct.	160

(D) Subject to divisions (E) and (F)(3) of this section and	161
section 3701.071 of the Revised Code, a nonprofit shelter or	162
health care facility associated with a health care professional	163
described in division (B)(1) of this section or, a health care	164
worker described in division (C) of this section is, and a	165
nonprofit organization that refers patients to, or arranges for	166
the provision of services by, a health care professional described	167
in division (B)(1) of this section or a health care worker	168
described in division (C) of this section are not liable in	169
damages to any person or government entity in a tort or other	170
civil action, including an action on a medical, dental,	171
chiropractic, optometric, or other health-related claim, for	172
injury, death, or loss to person or property that allegedly arises	173
from an action or omission of the health care professional or	174
worker in providing for the shelter or facility medical, dental,	175
or other health-related diagnosis, care, or treatment to an	176
indigent and uninsured person, unless the action or omission	177
constitutes willful or wanton misconduct.	178

(E)(1) Except as provided in division (E)(2) of this section,	179
the immunities provided by divisions (B), (C), and (D) of this	180
section are not available to an individual or to a nonprofit	181
shelter or health care facility if, at the time of an alleged	182
injury, death, or loss to person or property, the individuals	183
involved are providing one of the following:	184

(a) Any medical, dental, or other health-related diagnosis,	185
care, or treatment pursuant to a community service work order	186
entered by a court under division (F) of section 2951.02 of the	187
Revised Code as a condition of probation or other suspension of a	188
term of imprisonment or imposed by a court as a community control	189
sanction pursuant to sections 2929.15 and 2929.17 of the Revised	190
Code.	191

(b) Performance of an operation.

192

(c) Delivery of a baby.

193

(2) Division (E)(1) of this section does not apply to an	194
individual who provides, or a nonprofit shelter or health care	195
facility at which the individual provides, diagnosis, care, or	196
treatment that is necessary to preserve the life of a person in a	197
medical emergency.	198

(F)(1) This section does not create a new cause of action or	199
substantive legal right against a health care professional, health	200
care worker, or nonprofit shelter or health care facility.	201

(2) This section does not affect any immunities from civil	202
liability or defenses established by another section of the	203
Revised Code or available at common law to which an individual or	204
a nonprofit shelter or health care facility may be entitled in	205
connection with the provision of emergency or other diagnosis,	206
care, or treatment.	207

(3) This section does not grant an immunity from tort or	208
other civil liability to an individual or a nonprofit shelter or	209
health care facility for actions that are outside the scope of	210
authority of health care professionals or health care workers.	211

(4) This section does not affect any legal responsibility of	212
a health care professional or health care worker to comply with	213
any applicable law of this state or rule of an agency of this	214
state.	215

(5) This section does not affect any legal responsibility of	216
a nonprofit shelter or health care facility to comply with any	217
applicable law of this state, rule of an agency of this state, or	218
local code, ordinance, or regulation that pertains to or regulates	219
building, housing, air pollution, water pollution, sanitation,	220
health, fire, zoning, or safety.	221

Sec. 3701.071.  (A) As used in this section, "nonprofit	222
shelter or health care facility" has the same meaning as in	223
section 2305.234 of the Revised Codemeans a charitable nonprofit	224
corporation organized and operated pursuant to Chapter 1702. of	225
the Revised Code, or any charitable organization not organized and	226
not operated for profit, that provides shelter, health care	227
services, or shelter and health care services to indigent and	228
uninsured persons. "Shelter or health care facility" does not	229
include a hospital, as defined in section 3727.01 of the Revised	230
Code, a facility licensed under Chapter 3721. of the Revised Code,	231
or a medical facility that is operated for profit.	232

(B) A nonprofit shelter or health care facility operating in	233
this state shall register on the first day of January each year	234
with the department of health. The immunity provided by division	235
(D) of section 2305.234 of the Revised Code is not available to a	236
nonprofit shelter or health care facility until the shelter or	237
facility registers with the department in accordance with this	238
section.	239

(C) A nonprofit shelter or health care facility operating in	240
this state shall keep records of all patients who receive medical,	241
dental, or other health-related diagnosis, care, or treatment at	242
the shelter or facility. The department of health shall monitor	243
the quality of care provided to patients at nonprofit shelters or	244
health care facilities. The monitoring program may be conducted by	245
contracting with another entity or through any other method	246
authorized by law. The department may solicit and accept funds	247
from private sources to fund the monitoring program.	248

Sec. 4715.42.  (A)(1) As used in this section, "indigent:

249

(a) "Indigent and uninsured person," "nonprofit shelter or	250
health care facility," and "operation" have the same meanings as	251
in section 2305.234 of the Revised Code.	252

(b) "Nonprofit shelter or health care facility" has the same	253
meaning as in section 3701.071 of the Revised Code.	254

(2) For the purposes of this section, a person shall be	255
considered retired from practice if the person's license has been	256
surrendered or allowed to expire with the intention of ceasing to	257
practice as a dentist or dental hygienist for remuneration.	258

(B) The state dental board may issue, without examination, a	259
volunteer's certificate to a person who is retired from practice	260
so that the person may provide dental services to indigent and	261
uninsured persons at nonprofit shelters or health care facilities.	262

(C) An application for a volunteer's certificate shall	263
include all of the following:	264

(1) A copy of the applicant's degree from dental college or	265
dental hygiene school.	266

(2) One of the following, as applicable:

267

(a) A copy of the applicant's most recent license to practice	268
dentistry or dental hygiene issued by a jurisdiction in the United	269
States that licenses persons to practice dentistry or dental	270
hygiene.	271

(b) A copy of the applicant's most recent license equivalent	272
to a license to practice dentistry or dental hygiene in one or	273
more branches of the United States armed services that the United	274
States government issued.	275

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

276

(a) the applicant has maintained for at least ten years prior	277
to retirement full licensure in good standing in any jurisdiction	278
in the United States that licenses persons to practice dentistry	279
or dental hygiene.	280

(b) the applicant has practiced as a dentist or dental	281
hygienist in good standing for at least ten years prior to	282
retirement in one or more branches of the United States armed	283
services.	284

(4) A notarized statement from the applicant, on a form	285
prescribed by the board, that the applicant will not accept any	286
form of remuneration for any dental services rendered while in	287
possession of a volunteer's certificate.	288

(D) The holder of a volunteer's certificate may provide	289
dental services only on the premises of a nonprofit shelter or	290
health care facility and only to indigent and uninsured persons.	291
The holder shall not accept any form of remuneration for providing	292
dental services while in possession of the certificate. Except in	293
a dental emergency, the holder shall not perform any operation.	294
The board may revoke a volunteer's certificate on receiving proof	295
satisfactory to the board that the holder has engaged in practice	296
in this state outside the scope of the holder's certificate or	297
that there are grounds for action against the person under section	298
4715.30 of the Revised Code.	299

(E)(1) A volunteer's certificate shall be valid for a period	300
of three years, and may be renewed upon the application of the	301
holder, unless the certificate was previously revoked under	302
division (D) of this section. The board shall maintain a register	303
of all persons who hold volunteer's certificates. The board shall	304
not charge a fee for issuing or renewing a certificate pursuant to	305
this section.	306

(2) To be eligible for renewal of a volunteer's certificate,	307
the holder of the certificate shall certify to the board	308
completion of sixty hours of continuing dental education that	309
meets the requirements of section 4715.141 of the Revised Code and	310
the rules adopted under that section, or completion of eighteen	311
hours of continuing dental hygiene education that meets the	312
requirements of section 4715.25 of the Revised Code and the rules	313
adopted under that section, as the case may be. The board may not	314
renew a certificate if the holder has not complied with the	315
appropriate continuing education requirements. The nonprofit	316
shelter or health care facility in which the holder provides	317
dental services may pay for or reimburse the holder for any costs	318
incurred in obtaining the required continuing education credits.	319

(3) The board shall issue to each person who qualifies under	320
this section for a volunteer's certificate a wallet certificate	321
and a wall certificate that state that the certificate holder is	322
authorized to provide dental services pursuant to the laws of this	323
state. The holder shall keep the wallet certificate on the	324
holder's person while providing dental services and shall display	325
the wall certificate prominently in the nonprofit shelter or	326
health care facility where the holder primarily practices.	327

(4) The holder of a volunteer's certificate issued pursuant	328
to this section is subject to the immunity provisions in section	329
2305.234 of the Revised Code.	330

(F) The board shall adopt rules in accordance with Chapter	331
119. of the Revised Code to administer and enforce this section.	332

Sec. 4731.295.  (A)(1) As used in this section,:

333

(a) "indigentIndigent and uninsured person," "nonprofit	334
shelter or health care facility," and "operation" have the same	335
meanings as in section 2305.234 of the Revised Code.	336

(b) "Nonprofit shelter or health care facility" has the same	337
meaning as in section 3701.071 of the Revised Code.	338

(2) For the purposes of this section, a person shall be	339
considered retired from practice if the person's license or	340
certificate has expired with the person's intention of ceasing to	341
practice medicine and surgery or osteopathic medicine and surgery	342
for remuneration.	343

(B) The state medical board may issue, without examination, a	344
volunteer's certificate to a person who is retired from practice	345
so that the person may provide medical services to indigent and	346
uninsured persons at nonprofit shelters or health care facilities.	347
The board shall deny issuance of a volunteer's certificate to a	348
person who is not qualified under this section to hold a	349
volunteer's certificate.	350

(C) An application for a volunteer's certificate shall	351
include all of the following:	352

(1) A copy of the applicant's degree of medicine or	353
osteopathic medicine.	354

(2) One of the following, as applicable:

355

(a) A copy of the applicant's most recent license or	356
certificate authorizing the practice of medicine and surgery or	357
osteopathic medicine and surgery issued by a jurisdiction in the	358
United States that licenses persons to practice medicine and	359
surgery or osteopathic medicine and surgery.	360

(b) A copy of the applicant's most recent license equivalent	361
to a license to practice medicine and surgery or osteopathic	362
medicine and surgery in one or more branches of the United States	363
armed services that the United States government issued.	364

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

365

(a) That the applicant has maintained for at least ten years	366
prior to retirement full licensure in good standing in any	367
jurisdiction in the United States that licenses persons to	368
practice medicine and surgery or osteopathic medicine and surgery.	369

(b) That the applicant has practiced for at least ten years	370
prior to retirement in good standing as a doctor of medicine and	371
surgery or osteopathic medicine and surgery in one or more of the	372
branches of the United States armed services.	373

(4) A notarized statement from the applicant, on a form	374
prescribed by the board, that the applicant will not accept any	375
form of remuneration for any medical services rendered while in	376
possession of a volunteer's certificate.	377

(D) The holder of a volunteer's certificate may provide	378
medical services only on the premises of a nonprofit shelter or	379
health care facility and only to indigent and uninsured persons.	380
The holder shall not accept any form of remuneration for providing	381
medical services while in possession of the certificate. Except in	382
a medical emergency, the holder shall not perform any operation or	383
deliver babies. The board may revoke a volunteer's certificate on	384
receiving proof satisfactory to the board that the holder has	385
engaged in practice in this state outside the scope of the	386
certificate.	387

(E)(1) A volunteer's certificate shall be valid for a period	388
of three years, unless earlier revoked under division (D) of this	389
section or pursuant to section 4731.22 of the Revised Code. A	390
volunteer's certificate may be renewed upon the application of the	391
holder. The board shall maintain a register of all persons who	392
hold volunteer's certificates. The board shall not charge a fee	393
for issuing or renewing a certificate pursuant to this section.	394

(2) To be eligible for renewal of a volunteer's certificate	395
the holder of the certificate shall certify to the board	396
completion of one hundred fifty hours of continuing medical	397
education that meets the requirements of section 4731.281 of the	398
Revised Code regarding certification by private associations and	399
approval by the board. The board may not renew a certificate if	400
the holder has not complied with the continuing medical education	401
requirements. The nonprofit shelter or health care facility in	402
which the holder provides medical services may pay for or	403
reimburse the holder for any costs incurred in obtaining the	404
required continuing medical education credits.	405

(3) The board shall issue to each person who qualifies under	406
this section for a volunteer's certificate a wallet certificate	407
and a wall certificate that state that the certificate holder is	408
authorized to provide medical services pursuant to the laws of	409
this state. The holder shall keep the wallet certificate on the	410
holder's person while providing medical services and shall display	411
the wall certificate prominently in the nonprofit shelter or	412
health care facility where the holder primarily practices.	413

(4) The holder of a volunteer's certificate issued pursuant	414
to this section is subject to the immunity provisions in section	415
2305.234 of the Revised Code.	416

(F) The board shall adopt rules in accordance with Chapter	417
119. of the Revised Code to administer and enforce this section.	418

Section 2. That existing sections 2305.234, 3701.071,	419
4715.42, and 4731.295 of the Revised Code are hereby repealed.	420

Section 3. That the version of section 2305.234 of the	421
Revised Code that is scheduled to take effect January 1, 2004, be	422
amended to read as follows:	423

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

424

(1) "Chiropractic claim," "medical claim," and "optometric	425
claim" have the same meanings as in section 2305.113 of the	426
Revised Code.	427

(2) "Dental claim" has the same meaning as in section	428
2305.113 of the Revised Code, except that it does not include any	429
claim arising out of a dental operation or any derivative claim	430
for relief that arises out of a dental operation.	431

(3) "Governmental health care program" has the same meaning	432
as in section 4731.65 of the Revised Code.	433

(4) "Health care professional" means any of the following who	434
provide medical, dental, or other health-related diagnosis, care,	435
or treatment:	436

(a) Physicians authorized under Chapter 4731. of the Revised	437
Code to practice medicine and surgery or osteopathic medicine and	438
surgery;	439

(b) Registered nurses, advanced practice nurses, and licensed	440
practical nurses licensed under Chapter 4723. of the Revised Code;	441

(c) Physician assistants authorized to practice under Chapter	442
4730. of the Revised Code;	443

(d) Dentists and dental hygienists licensed under Chapter	444
4715. of the Revised Code;	445

(e) Physical therapists licensed under Chapter 4755. of the	446
Revised Code;	447

(f) Chiropractors licensed under Chapter 4734. of the Revised	448
Code;	449

(g) Optometrists licensed under Chapter 4725. of the Revised	450
Code;	451

(h) Podiatrists authorized under Chapter 4731. of the Revised	452
Code to practice podiatry;	453

(i) Dietitians licensed under Chapter 4759. of the Revised	454
Code;	455

(j) Pharmacists licensed under Chapter 4729. of the Revised	456
Code;	457

(k) Emergency medical technicians-basic, emergency medical	458
technicians-intermediate, and emergency medical	459
technicians-paramedic, certified under Chapter 4765. of the	460
Revised Code.	461

(5) "Health care worker" means a person other than a health	462
care professional who provides medical, dental, or other	463
health-related care or treatment under the direction of a health	464
care professional with the authority to direct that individual's	465
activities, including medical technicians, medical assistants,	466
dental assistants, orderlies, aides, and individuals acting in	467
similar capacities.	468

(6) "Indigent and uninsured person" means a person who meets	469
all of the following requirements:	470

(a) The person's income is not greater than onetwo hundred	471
fifty per cent of the current poverty line as defined by the	472
United States office of management and budget and revised in	473
accordance with section 673(2) of the "Omnibus Budget	474
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	475
amended.	476

(b) The person is not eligible to receive medical assistance	477
under Chapter 5111., disability assistance medical assistance	478
under Chapter 5115. of the Revised Code, or assistance under any	479
other governmental health care program.	480

(c) Either of the following applies:

481

(i) The person is not a policyholder, certificate holder,	482
insured, contract holder, subscriber, enrollee, member,	483
beneficiary, or other covered individual under a health insurance	484
or health care policy, contract, or plan.	485

(ii) The person is a policyholder, certificate holder,	486
insured, contract holder, subscriber, enrollee, member,	487
beneficiary, or other covered individual under a health insurance	488
or health care policy, contract, or plan, but the insurer, policy,	489
contract, or plan denies coverage or is the subject of insolvency	490
or bankruptcy proceedings in any jurisdiction.	491

(7) "Operation" means any procedure that involves cutting or	492
otherwise infiltrating human tissue by mechanical means, including	493
surgery, laser surgery, ionizing radiation, therapeutic	494
ultrasound, or the removal of intraocular foreign bodies.	495
"Operation" does not include the administration of medication by	496
injection, unless the injection is administered in conjunction	497
with a procedure infiltrating human tissue by mechanical means	498
other than the administration of medicine by injection.	499

(8) "Nonprofit shelter or health care facility" means a	500
charitable nonprofit corporation organized and operated pursuant	501
to Chapter 1702. of the Revised Code, or any charitable	502
organization not organized and not operated for profit, that	503
provides shelter, health care services, or shelter and health care	504
services to indigent and uninsured persons, except that "shelter	505
or health care facility" does not include a hospital as defined in	506
section 3727.01 of the Revised Code, a facility licensed under	507
Chapter 3721. of the Revised Code, or a medical facility that is	508
operated for profit"Health care facility" means a hospital,	509
clinic, ambulatory surgical treatment center, other center,	510
medical school, office of a health care professional or associated	511
group of health care professionals, infirmary, dispensary, medical	512
training institution, shelter, or other institution or location in	513
or at which medical care, treatment, or diagnosis is provided to a	514
person.	515

(9) "Tort action" means a civil action for damages for	516
injury, death, or loss to person or property other than a civil	517
action for damages for a breach of contract or another agreement	518
between persons or government entities.	519

(10) "Volunteer" means an individual who provides any	520
medical, dental, or other health-care related diagnosis, care, or	521
treatment without the expectation of receiving and without receipt	522
of any compensation or other form of remuneration from an indigent	523
and uninsured person, another person on behalf of an indigent and	524
uninsured person, any shelter or health care facility, or any	525
other person or government entity.	526

(11) "Community control sanction" has the same meaning as in	527
section 2929.01 of the Revised Code.	528

(B)(1) Subject to divisions (E) and (F)(3) of this section, a	529
health care professional who is a volunteer and complies with	530
division (B)(2) of this section is not liable in damages to any	531
person or government entity in a tort or other civil action,	532
including an action on a medical, dental, chiropractic,	533
optometric, or other health-related claim, for injury, death, or	534
loss to person or property that allegedly arises from an action or	535
omission of the volunteer in the provision at a nonprofit shelter	536
or health care facility to an indigent and uninsured person of	537
medical, dental, or other health-related diagnosis, care, or	538
treatment, including the provision of samples of medicine and	539
other medical products, unless the action or omission constitutes	540
willful or wanton misconduct.	541

(2) To qualify for the immunity described in division (B)(1)	542
of this section, a health care professional shall do all of the	543
following prior to providing diagnosis, care, or treatment:	544

(a) Determine, in good faith, that the indigent and uninsured	545
person is mentally capable of giving informed consent to the	546
provision of the diagnosis, care, or treatment and is not subject	547
to duress or under undue influence;	548

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

549

(c) Obtain the informed consent of the person and a written	550
waiver, signed by the person or by another individual on behalf of	551
and in the presence of the person, that states that the person is	552
mentally competent to give informed consent and, without being	553
subject to duress or under undue influence, gives informed consent	554
to the provision of the diagnosis, care, or treatment subject to	555
the provisions of this section.	556

(3) A physician or podiatrist who is not covered by medical	557
malpractice insurance, but complies with division (B)(2) of this	558
section, is not required to comply with division (A) of section	559
4731.143 of the Revised Code.	560

(C) Subject to divisions (E) and (F)(3) of this section,	561
health care workers who are volunteers are not liable in damages	562
to any person or government entity in a tort or other civil	563
action, including an action upon a medical, dental, chiropractic,	564
optometric, or other health-related claim, for injury, death, or	565
loss to person or property that allegedly arises from an action or	566
omission of the health care worker in the provision at a nonprofit	567
shelter or health care facility to an indigent and uninsured	568
person of medical, dental, or other health-related diagnosis,	569
care, or treatment, unless the action or omission constitutes	570
willful or wanton misconduct.	571

(D) Subject to divisions (E) and (F)(3) of this section and	572
section 3701.071 of the Revised Code, a nonprofit shelter or	573
health care facility associated with a health care professional	574
described in division (B)(1) of this section or a health care	575
worker described in division (C) of this section is, and a	576
nonprofit organization that refers patients to, or arranges for	577
the provision of services by, a health care professional described	578
in division (B)(1) of this section or a health care worker	579
described in division (C) of this section are not liable in	580
damages to any person or government entity in a tort or other	581
civil action, including an action on a medical, dental,	582
chiropractic, optometric, or other health-related claim, for	583
injury, death, or loss to person or property that allegedly arises	584
from an action or omission of the health care professional or	585
worker in providing for the shelter or facility medical, dental,	586
or other health-related diagnosis, care, or treatment to an	587
indigent and uninsured person, unless the action or omission	588
constitutes willful or wanton misconduct.	589

(E)(1) Except as provided in division (E)(2) of this section,	590
the immunities provided by divisions (B), (C), and (D) of this	591
section are not available to an individual or to a nonprofit	592
shelter or health care facility if, at the time of an alleged	593
injury, death, or loss to person or property, the individuals	594
involved are providing one of the following:	595

(a) Any medical, dental, or other health-related diagnosis,	596
care, or treatment pursuant to a community service work order	597
entered by a court under division (B) of section 2951.02 of the	598
Revised Code or imposed by a court as a community control	599
sanction;	600

(b) Performance of an operation;

601

(c) Delivery of a baby.

602

(2) Division (E)(1) of this section does not apply to an	603
individual who provides, or a nonprofit shelter or health care	604
facility at which the individual provides, diagnosis, care, or	605
treatment that is necessary to preserve the life of a person in a	606
medical emergency.	607

(F)(1) This section does not create a new cause of action or	608
substantive legal right against a health care professional, health	609
care worker, or nonprofit shelter or health care facility.	610

(2) This section does not affect any immunities from civil	611
liability or defenses established by another section of the	612
Revised Code or available at common law to which an individual or	613
a nonprofit shelter or health care facility may be entitled in	614
connection with the provision of emergency or other diagnosis,	615
care, or treatment.	616

(3) This section does not grant an immunity from tort or	617
other civil liability to an individual or a nonprofit shelter or	618
health care facility for actions that are outside the scope of	619
authority of health care professionals or health care workers.	620

(4) This section does not affect any legal responsibility of	621
a health care professional or health care worker to comply with	622
any applicable law of this state or rule of an agency of this	623
state.	624

(5) This section does not affect any legal responsibility of	625
a nonprofit shelter or health care facility to comply with any	626
applicable law of this state, rule of an agency of this state, or	627
local code, ordinance, or regulation that pertains to or regulates	628
building, housing, air pollution, water pollution, sanitation,	629
health, fire, zoning, or safety.	630

Section 4. That the existing version of section 2305.234 of	631
the Revised Code that is scheduled to take effect January 1, 2004,	632
is hereby repealed.	633

Section 5. That Sections 3 and 4 of this act shall take	634
effect January 1, 2004.	635

Section 6.  Section 2305.234 of the Revised Code is presented	636
in Section 3 of this act as a composite of the section as amended	637
by both Am. Sub. H.B. 490 and Am. Sub. S.B. 281 of the 124th	638
General Assembly. The General Assembly, applying the principle	639
stated in division (B) of section 1.52 of the Revised Code that	640
amendments are to be harmonized if reasonably capable of	641
simultaneous operation, finds that the composite is the resulting	642
version of the section in effect prior to the effective date of	643
the section as presented in Section 3 of this act.	644