REPRESENTATIVES Latta, Seitz, Allen, Barrett, Blasdel, Brown, Buehrer, Calvert, Carano, Carmichael, Cirelli, Clancy, Collier, Daniels, Distel, Domenick, Driehaus, C. Evans, Faber, Flowers, Gibbs, Hartnett, Hollister, Hoops, Jolivette, Kilbane, Martin, Niehaus, Otterman, T. Patton, Raga, Reidelbach, Schaffer, Schmidt, Schneider, Setzer, Sferra, Strahorn, Taylor, Ujvagi, Wagner, Wilson, Wolpert, Woodard

To amend sections 2305.234, 3701.071, 4715.42, and

1

4731.295 of the Revised Code and to amend Section

2

2 of Sub. H.B. 221 of the 124th General Assembly

3

to extend immunity from liability for services

4

provided by volunteer health care professionals

5

and workers to additional health care facilities

6

and locations and to nonprofit health care

7

referral organizations, to provide additional

8

requirements for the immunity of a health care

9

professional, to increase the maximum allowable

10

income of individuals who may be served by

11

volunteers having immunity from liability, and to

12

change the effective date of the drug repository

13

statute to January 1, 2004.

14

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

Section 1. That sections 2305.234, 3701.071, 4715.42, and	15
4731.295 of the Revised Code be amended to read as follows:	16

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

17

(1) "Chiropractic claim," "medical claim," and "optometric	18
claim" have the same meanings as in section 2305.113 of the	19
Revised Code.	20

(2) "Dental claim" has the same meaning as in section	21
2305.113 of the Revised Code, except that it does not include any	22
claim arising out of a dental operation or any derivative claim	23
for relief that arises out of a dental operation.	24

(3) "Governmental health care program" has the same meaning	25
as in section 4731.65 of the Revised Code.	26

(4) "Health care facility or location" means a hospital,	27
clinic, ambulatory surgical facility, office of a health care	28
professional or associated group of health care professionals,	29
training institution for health care professionals, or any other	30
place where medical, dental, or other health-related diagnosis,	31
care, or treatment is provided to a person.	32

(5) "Health care professional" means any of the following who	33
provide medical, dental, or other health-related diagnosis, care,	34
or treatment:	35

(a) Physicians authorized under Chapter 4731. of the Revised	36
Code to practice medicine and surgery or osteopathic medicine and	37
surgery;	38

(b) Registered nurses , advancedpractice nurses, and	39
licensed practical nurses licensed under Chapter 4723. of the	40
Revised Code and individuals who hold a certificate of authority	41
issued under that chapter that authorizes the practice of nursing	42
as a certified registered nurse anesthetist, clinical nurse	43
specialist, certified nurse-midwife, or certified nurse	44
practitioner;	45

(c) Physician assistants authorized to practice under Chapter	46
4730. of the Revised Code;	47

(d) Dentists and dental hygienists licensed under Chapter	48
4715. of the Revised Code;	49

(e) Physical therapists, physical therapist assistants,	50
occupational therapists, and occupational therapy assistants	51
licensed under Chapter 4755. of the Revised Code;	52

(f) Chiropractors licensed under Chapter 4734. of the Revised	53
Code;	54

(g) Optometrists licensed under Chapter 4725. of the Revised	55
Code;	56

(h) Podiatrists authorized under Chapter 4731. of the Revised	57
Code to practice podiatry;	58

(i) Dietitians licensed under Chapter 4759. of the Revised	59
Code;	60

(j) Pharmacists licensed under Chapter 4729. of the Revised	61
Code;	62

(k) Emergency medical technicians-basic, emergency medical	63
technicians-intermediate, and emergency medical	64
technicians-paramedic, certified under Chapter 4765. of the	65
Revised Code;	66

(l) Respiratory care professionals licensed under Chapter	67
4761. of the Revised Code;	68

(m) Speech-language pathologists and audiologists licensed	69
under Chapter 4753. of the Revised Code.	70

(5)(6) "Health care worker" means a person other than a	71
health care professional who provides medical, dental, or other	72
health-related care or treatment under the direction of a health	73
care professional with the authority to direct that individual's	74
activities, including medical technicians, medical assistants,	75
dental assistants, orderlies, aides, and individuals acting in	76
similar capacities.	77

(6)(7) "Indigent and uninsured person" means a person who	78
meets all of the following requirements:	79

(a) The person's income is not greater than onetwo hundred	80
fifty per cent of the current poverty line as defined by the	81
United States office of management and budget and revised in	82
accordance with section 673(2) of the "Omnibus Budget	83
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	84
amended.	85

(b) The person is not eligible to receive medical assistance	86
under Chapter 5111., disability medical assistance under Chapter	87
5115. of the Revised Code, or assistance under any other	88
governmental health care program.	89

(c) Either of the following applies:

90

(i) The person is not a policyholder, certificate holder,	91
insured, contract holder, subscriber, enrollee, member,	92
beneficiary, or other covered individual under a health insurance	93
or health care policy, contract, or plan.	94

(ii) The person is a policyholder, certificate holder,	95
insured, contract holder, subscriber, enrollee, member,	96
beneficiary, or other covered individual under a health insurance	97
or health care policy, contract, or plan, but the insurer, policy,	98
contract, or plan denies coverage or is the subject of insolvency	99
or bankruptcy proceedings in any jurisdiction.	100

(7)(8) "Nonprofit health care referral organization" means an	101
entity that is not operated for profit and refers patients to, or	102
arranges for the provision of, health-related diagnosis, care, or	103
treatment by a health care professional or health care worker.	104

(9) "Operation" means any procedure that involves cutting or	105
otherwise infiltrating human tissue by mechanical means, including	106
surgery, laser surgery, ionizing radiation, therapeutic	107
ultrasound, or the removal of intraocular foreign bodies.	108
"Operation" does not include the administration of medication by	109
injection, unless the injection is administered in conjunction	110
with a procedure infiltrating human tissue by mechanical means	111
other than the administration of medicine by injection.	112
"Operation" does not include routine dental restorative	113
procedures, the scaling of teeth, or extractions of teeth that are	114
not impacted.	115

(8) "Nonprofit shelter or health care facility" means a	116
charitable nonprofit corporation organized and operated pursuant	117
to Chapter 1702. of the Revised Code, or any charitable	118
organization not organized and not operated for profit, that	119
provides shelter, health care services, or shelter and health care	120
services to indigent and uninsured persons, except that "shelter	121
or health care facility" does not include a hospital as defined in	122
section 3727.01 of the Revised Code, a facility licensed under	123
Chapter 3721. of the Revised Code, or a medical facility that is	124
operated for profit.	125

(9)(10) "Tort action" means a civil action for damages for	126
injury, death, or loss to person or property other than a civil	127
action for damages for a breach of contract or another agreement	128
between persons or government entities.	129

(10)(11) "Volunteer" means an individual who provides any	130
medical, dental, or other health-care related diagnosis, care, or	131
treatment without the expectation of receiving and without receipt	132
of any compensation or other form of remuneration from an indigent	133
and uninsured person, another person on behalf of an indigent and	134
uninsured person, any shelter or health care facility or location,	135
any nonprofit health care referral organization, or any other	136
person or government entity.	137

(11)(12) "Community control sanction" has the same meaning as	138
in section 2929.01 of the Revised Code.	139

(B)(1) Subject to divisions (E)(F) and (F)(G)(3) of this	140
section, a health care professional who is a volunteer and	141
complies with division (B)(2) of this section is not liable in	142
damages to any person or government entity in a tort or other	143
civil action, including an action on a medical, dental,	144
chiropractic, optometric, or other health-related claim, for	145
injury, death, or loss to person or property that allegedly arises	146
from an action or omission of the volunteer in the provision at a	147
nonprofit shelter or health care facility to an indigent and	148
uninsured person of medical, dental, or other health-related	149
diagnosis, care, or treatment, including the provision of samples	150
of medicine and other medical products, unless the action or	151
omission constitutes willful or wanton misconduct.	152

(2) To qualify for the immunity described in division (B)(1)	153
of this section, a health care professional shall do all of the	154
following prior to providing diagnosis, care, or treatment:	155

(a) Determine, in good faith, that the indigent and uninsured	156
person is mentally capable of giving informed consent to the	157
provision of the diagnosis, care, or treatment and is not subject	158
to duress or under undue influence;	159

(b) Inform the person of the provisions of this section,	160
including notifying the person that, by giving informed consent to	161
the provision of the diagnosis, care, or treatment, the person	162
cannot hold the health care professional liable for damages in a	163
tort or other civil action, including an action on a medical,	164
dental, chiropractic, optometric, or other health-related claim,	165
unless the action or omission of the health care professional	166
constitutes willful or wanton misconduct;	167

(c) Obtain the informed consent of the person and a written	168
waiver, signed by the person or by another individual on behalf of	169
and in the presence of the person, that states that the person is	170
mentally competent to give informed consent and, without being	171
subject to duress or under undue influence, gives informed consent	172
to the provision of the diagnosis, care, or treatment subject to	173
the provisions of this section. A written waiver under division	174
(B)(2)(c) of this section shall state clearly and in conspicuous	175
type that the person or other individual who signs the waiver is	176
signing it with full knowledge that, by giving informed consent to	177
the provision of the diagnosis, care, or treatment, the person	178
cannot bring a tort or other civil action, including an action on	179
a medical, dental, chiropractic, optometric, or other	180
health-related claim, against the health care professional unless	181
the action or omission of the health care professional constitutes	182
willful or wanton misconduct.	183

(3) A physician or podiatrist who is not covered by medical	184
malpractice insurance, but complies with division (B)(2) of this	185
section, is not required to comply with division (A) of section	186
4731.143 of the Revised Code.	187

(C) Subject to divisions (E)(F) and (F)(G)(3) of this	188
section, health care workers who are volunteers are not liable in	189
damages to any person or government entity in a tort or other	190
civil action, including an action upon a medical, dental,	191
chiropractic, optometric, or other health-related claim, for	192
injury, death, or loss to person or property that allegedly arises	193
from an action or omission of the health care worker in the	194
provision at a nonprofit shelter or health care facility to an	195
indigent and uninsured person of medical, dental, or other	196
health-related diagnosis, care, or treatment, unless the action or	197
omission constitutes willful or wanton misconduct.	198

(D) Subject to divisions (F) and (G)(3) of this section, a	199
nonprofit health care referral organization is not liable in	200
damages to any person or government entity in a tort or other	201
civil action, including an action on a medical, dental,	202
chiropractic, optometric, or other health-related claim, for	203
injury, death, or loss to person or property that allegedly arises	204
from an action or omission of the nonprofit health care referral	205
organization in referring indigent and uninsured persons to, or	206
arranging for the provision of, medical, dental, or other	207
health-related diagnosis, care, or treatment by a health care	208
professional described in division (B)(1) of this section or a	209
health care worker described in division (C) of this section,	210
unless the action or omission constitutes willful or wanton	211
misconduct.	212

(E) Subject to divisions (E)(F) and (F)(G)(3) of this section	213
and to the extent that the registration requirements of section	214
3701.071 of the Revised Code apply, a nonprofit shelter or health	215
care facility or location associated with a health care	216
professional described in division (B)(1) of this section or, a	217
health care worker described in division (C) of this section, or a	218
nonprofit health care referral organization described in division	219
(D) of this section is not liable in damages to any person or	220
government entity in a tort or other civil action, including an	221
action on a medical, dental, chiropractic, optometric, or other	222
health-related claim, for injury, death, or loss to person or	223
property that allegedly arises from an action or omission of the	224
health care professional or worker in providing foror nonprofit	225
health care referral organization relative to the shelter or	226
facility medical, dental, or other health-related diagnosis, care,	227
or treatment provided to an indigent and uninsured person on	228
behalf of or at the health care facility or location, unless the	229
action or omission constitutes willful or wanton misconduct.	230

(E)(F)(1) Except as provided in division (E)(F)(2) of this	231
section, the immunities provided by divisions (B), (C), and (D),	232
and (E) of this section are not available to an individual or to a	233
nonprofit sheltera health care professional, health care worker,	234
nonprofit health care referral organization, or health care	235
facility or location if, at the time of an alleged injury, death,	236
or loss to person or property, the individualshealth care	237
professionals or health care workers involved are providing one of	238
the following:	239

(a) Any medical, dental, or other health-related diagnosis,	240
care, or treatment pursuant to a community service work order	241
entered by a court under division (B) of section 2951.02 of the	242
Revised Code or imposed by a court as a community control	243
sanction;	244

(b) Performance of an operation;

245

(c) Delivery of a baby.

246

(2) Division (E)(F)(1) of this section does not apply to an	247
individual who provides, or a nonprofit shelter or health care	248
facility at which the individualwhen a health care professional	249
or health care worker provides,medical, dental, or other	250
health-related diagnosis, care, or treatment that is necessary to	251
preserve the life of a person in a medical emergency.	252

(F)(G)(1) This section does not create a new cause of action	253
or substantive legal right against a health care professional,	254
health care worker, nonprofit health care referral organization,	255
or nonprofit shelter or health care facility or location.	256

(2) This section does not affect any immunities from civil	257
liability or defenses established by another section of the	258
Revised Code or available at common law to which an individual or	259
a nonprofit shelterhealth care professional, health care worker,	260
nonprofit health care referral organization, or health care	261
facility or location may be entitled in connection with the	262
provision of emergency or other medical, dental, or other	263
health-related diagnosis, care, or treatment.	264

(3) This section does not grant an immunity from tort or	265
other civil liability to an individual or a nonprofit shelter	266
health care professional, health care worker, nonprofit health	267
care referral organization, or health care facility or location	268
for actions that are outside the scope of authority of health care	269
professionals or health care workers.	270

(4) This section does not affect any legal responsibility of	271
a health care professional or, health care worker, or nonprofit	272
health care referral organization to comply with any applicable	273
law of this state or rule of an agency of this state.	274

(5) This section does not affect any legal responsibility of	275
a nonprofit shelter or health care facility or location to comply	276
with any applicable law of this state, rule of an agency of this	277
state, or local code, ordinance, or regulation that pertains to or	278
regulates building, housing, air pollution, water pollution,	279
sanitation, health, fire, zoning, or safety.	280

Sec. 3701.071.  (A) As used in this section, "nonprofit:

281

(1) "Indigent and uninsured person" has the same meaning as	282
in section 2305.234 of the Revised Code.	283

(2) "Nonprofit shelter or health care facility" has the same	284
meaning as in section 2305.234 of the Revised Codemeans a	285
charitable nonprofit corporation organized and operated pursuant	286
to Chapter 1702. of the Revised Code, or any charitable	287
organization not organized and not operated for profit, that	288
provides shelter, health care services, or shelter and health care	289
services to indigent and uninsured persons. "Nonprofit shelter or	290
health care facility" does not include a hospital, as defined in	291
section 3727.01 of the Revised Code, a facility licensed under	292
Chapter 3721. of the Revised Code, or a medical facility that is	293
operated for profit.	294

(B) A nonprofit shelter or health care facility operating in	295
this state shall register on the first day of January each year	296
with the department of health. The immunity provided by division	297
(D)(E) of section 2305.234 of the Revised Code is not available to	298
a nonprofit shelter or health care facility until the shelter or	299
facility registers with the department in accordance with this	300
section.	301

(C) A nonprofit shelter or health care facility operating in	302
this state shall keep records of all patients who receive medical,	303
dental, or other health-related diagnosis, care, or treatment at	304
the shelter or facility. The department of health shall monitor	305
the quality of care provided to patients at nonprofit shelters or	306
health care facilities. The monitoring program may be conducted by	307
contracting with another entity or through any other method	308
authorized by law. The department may solicit and accept funds	309
from private sources to fund the monitoring program.	310

Sec. 4715.42.  (A)(1) As used in this section, "indigent and	311
uninsured person," "nonprofit shelter or health care facility,"	312
and "operation" have the same meanings as in section 2305.234 of	313
the Revised Code.	314

(2) For the purposes of this section, a person shall be	315
considered retired from practice if the person's license has been	316
surrendered or allowed to expire with the intention of ceasing to	317
practice as a dentist or dental hygienist for remuneration.	318

(B) The state dental board may issue, without examination, a	319
volunteer's certificate to a person who is retired from practice	320
so that the person may provide dental services to indigent and	321
uninsured persons at nonprofit shelters or health care facilities.	322

(C) An application for a volunteer's certificate shall	323
include all of the following:	324

(1) A copy of the applicant's degree from dental college or	325
dental hygiene school.	326

(2) One of the following, as applicable:

327

(a) A copy of the applicant's most recent license to practice	328
dentistry or dental hygiene issued by a jurisdiction in the United	329
States that licenses persons to practice dentistry or dental	330
hygiene.	331

(b) A copy of the applicant's most recent license equivalent	332
to a license to practice dentistry or dental hygiene in one or	333
more branches of the United States armed services that the United	334
States government issued.	335

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

336

(a) The applicant has maintained for at least ten years prior	337
to retirement full licensure in good standing in any jurisdiction	338
in the United States that licenses persons to practice dentistry	339
or dental hygiene.	340

(b) The applicant has practiced as a dentist or dental	341
hygienist in good standing for at least ten years prior to	342
retirement in one or more branches of the United States armed	343
services.	344

(4) A notarized statement from the applicant, on a form	345
prescribed by the board, that the applicant will not accept any	346
form of remuneration for any dental services rendered while in	347
possession of a volunteer's certificate.	348

(D) The holder of a volunteer's certificate may provide	349
dental services only on the premises of a nonprofit shelter or	350
health care facility and only to indigent and uninsured persons.	351
The holder shall not accept any form of remuneration for providing	352
dental services while in possession of the certificate. Except in	353
a dental emergency, the holder shall not perform any operation.	354
The board may revoke a volunteer's certificate on receiving proof	355
satisfactory to the board that the holder has engaged in practice	356
in this state outside the scope of the holder's certificate or	357
that there are grounds for action against the person under section	358
4715.30 of the Revised Code.	359

(E)(1) A volunteer's certificate shall be valid for a period	360
of three years, and may be renewed upon the application of the	361
holder, unless the certificate was previously revoked under	362
division (D) of this section. The board shall maintain a register	363
of all persons who hold volunteer's certificates. The board shall	364
not charge a fee for issuing or renewing a certificate pursuant to	365
this section.	366

(2) To be eligible for renewal of a volunteer's certificate,	367
the holder of the certificate shall certify to the board	368
completion of sixty hours of continuing dental education that	369
meets the requirements of section 4715.141 of the Revised Code and	370
the rules adopted under that section, or completion of eighteen	371
hours of continuing dental hygiene education that meets the	372
requirements of section 4715.25 of the Revised Code and the rules	373
adopted under that section, as the case may be. The board may not	374
renew a certificate if the holder has not complied with the	375
appropriate continuing education requirements. The nonprofit	376
shelter or health care facility inAny entity for which the holder	377
provides dental services may pay for or reimburse the holder for	378
any costs incurred in obtaining the required continuing education	379
credits.	380

(3) The board shall issue to each person who qualifies under	381
this section for a volunteer's certificate a wallet certificate	382
and a wall certificate that state that the certificate holder is	383
authorized to provide dental services pursuant to the laws of this	384
state. The holder shall keep the wallet certificate on the	385
holder's person while providing dental services and shall display	386
the wall certificate prominently in the nonprofit shelter or	387
health care facilityat the location where the holder primarily	388
practices.	389

(4) The holder of a volunteer's certificate issued pursuant	390
to this section is subject to the immunity provisions in section	391
2305.234 of the Revised Code.	392

(F) The board shall adopt rules in accordance with Chapter	393
119. of the Revised Code to administer and enforce this section.	394

Sec. 4731.295.  (A)(1) As used in this section, "indigent and	395
uninsured person," "nonprofit shelter or health care facility,"	396
and "operation" have the same meanings as in section 2305.234 of	397
the Revised Code.	398

(2) For the purposes of this section, a person shall be	399
considered retired from practice if the person's license or	400
certificate has expired with the person's intention of ceasing to	401
practice medicine and surgery or osteopathic medicine and surgery	402
for remuneration.	403

(B) The state medical board may issue, without examination, a	404
volunteer's certificate to a person who is retired from practice	405
so that the person may provide medical services to indigent and	406
uninsured persons at nonprofit shelters or health care facilities.	407
The board shall deny issuance of a volunteer's certificate to a	408
person who is not qualified under this section to hold a	409
volunteer's certificate.	410

(C) An application for a volunteer's certificate shall	411
include all of the following:	412

(1) A copy of the applicant's degree of medicine or	413
osteopathic medicine.	414

(2) One of the following, as applicable:

415

(a) A copy of the applicant's most recent license or	416
certificate authorizing the practice of medicine and surgery or	417
osteopathic medicine and surgery issued by a jurisdiction in the	418
United States that licenses persons to practice medicine and	419
surgery or osteopathic medicine and surgery.	420

(b) A copy of the applicant's most recent license equivalent	421
to a license to practice medicine and surgery or osteopathic	422
medicine and surgery in one or more branches of the United States	423
armed services that the United States government issued.	424

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

425

(a) That the applicant has maintained for at least ten years	426
prior to retirement full licensure in good standing in any	427
jurisdiction in the United States that licenses persons to	428
practice medicine and surgery or osteopathic medicine and surgery.	429

(b) That the applicant has practiced for at least ten years	430
prior to retirement in good standing as a doctor of medicine and	431
surgery or osteopathic medicine and surgery in one or more of the	432
branches of the United States armed services.	433

(4) A notarized statement from the applicant, on a form	434
prescribed by the board, that the applicant will not accept any	435
form of remuneration for any medical services rendered while in	436
possession of a volunteer's certificate.	437

(D) The holder of a volunteer's certificate may provide	438
medical services only on the premises of a nonprofit shelter or	439
health care facility and only to indigent and uninsured persons.	440
The holder shall not accept any form of remuneration for providing	441
medical services while in possession of the certificate. Except in	442
a medical emergency, the holder shall not perform any operation or	443
deliver babies. The board may revoke a volunteer's certificate on	444
receiving proof satisfactory to the board that the holder has	445
engaged in practice in this state outside the scope of the	446
certificate.	447

(E)(1) A volunteer's certificate shall be valid for a period	448
of three years, unless earlier revoked under division (D) of this	449
section or pursuant to section 4731.22 of the Revised Code. A	450
volunteer's certificate may be renewed upon the application of the	451
holder. The board shall maintain a register of all persons who	452
hold volunteer's certificates. The board shall not charge a fee	453
for issuing or renewing a certificate pursuant to this section.	454

(2) To be eligible for renewal of a volunteer's certificate	455
the holder of the certificate shall certify to the board	456
completion of one hundred fifty hours of continuing medical	457
education that meets the requirements of section 4731.281 of the	458
Revised Code regarding certification by private associations and	459
approval by the board. The board may not renew a certificate if	460
the holder has not complied with the continuing medical education	461
requirements. The nonprofit shelter or health care facility inAny	462
entity for which the holder provides medical services may pay for	463
or reimburse the holder for any costs incurred in obtaining the	464
required continuing medical education credits.	465

(3) The board shall issue to each person who qualifies under	466
this section for a volunteer's certificate a wallet certificate	467
and a wall certificate that state that the certificate holder is	468
authorized to provide medical services pursuant to the laws of	469
this state. The holder shall keep the wallet certificate on the	470
holder's person while providing medical services and shall display	471
the wall certificate prominently in the nonprofit shelter or	472
health care facilityat the location where the holder primarily	473
practices.	474

(4) The holder of a volunteer's certificate issued pursuant	475
to this section is subject to the immunity provisions in section	476
2305.234 of the Revised Code.	477

(F) The board shall adopt rules in accordance with Chapter	478
119. of the Revised Code to administer and enforce this section.	479

Section 2. That existing sections 2305.234, 3701.071,	480
4715.42, and 4731.295 of the Revised Code are hereby repealed.	481

Section 3.  (A) As used in this section, "health care	482
professional," "health care worker," "indigent and uninsured	483
person," "nonprofit health care referral organization," and	484
"volunteer" have the same meanings as in section 2305.234 of the	485
Revised Code, as amended by this act.	486

(B) The Ohio Medical Malpractice Commission created by	487
Section 4 of Am. Sub. S.B. 281 of the 124th General Assembly shall	488
have the following duties, in addition to the other duties	489
provided by law for the Commission:	490

(1) To study the affordability and availability of medical	491
malpractice insurance for health care professionals and health	492
care workers who are volunteers and for nonprofit health care	493
referral organizations;	494

(2) To study the feasibility of whether the state of Ohio	495
should provide catastrophic claims coverage, or an insurance pool	496
of any kind, for health care professionals and health care workers	497
to utilize as volunteers in providing medical, dental, or other	498
health-related diagnosis, care, or treatment to indigent and	499
uninsured persons;	500

(3) To study the feasibility of whether the state of Ohio	501
should create a fund to provide compensation to indigent and	502
uninsured persons who receive medical, dental, or other	503
health-related diagnosis, care, or treatment from health care	504
professionals or health care workers who are volunteers, for any	505
injury, death, or loss to person or property as a result of the	506
negligence or other misconduct by those health care professionals	507
or workers;	508

(4) To study whether the Good Samaritan laws of other states	509
offer approaches that are materially different from the Ohio Good	510
Samaritan Law as amended by this act, as contained in section	511
2305.234 of the Revised Code.	512

(C) The Commission shall submit a report of its findings	513
regarding all of the matters provided in division (B) of this	514
section to the members of the General Assembly not later than two	515
years after the effective date of this act.	516

(D) The Department of Insurance shall provide any technical,	517
professional, and clerical employees that are necessary for the	518
Commission to perform its duties under this section.	519

Section 4. That Section 2 of Sub. H.B. 221 of the 124th	520
General Assembly be amended to read as follows:	521

Sec. 2. Sections 3715.87, 3715.871, and 3715.872 of the	522
Revised Code as enacted by this actSub. H.B. 221 of the 124th	523
General Assembly shall take effect one year after the effective	524
date of this sectionon January 1, 2004.	525

Section 5. That existing Section 2 of Sub. H.B. 221 of the	526
124th General Assembly is hereby repealed.	527

Section 6. Sections 1, 2, 3, 4, 5, 6, and 10 of this act	528
shall take effect ninety days after the effective date of this	529
act.	530

Section 7.  Section 2305.234 of the Revised Code is presented	531
in this act as a composite of the section as amended by both Am.	532
Sub. H.B. 95 and Am. Sub. S.B. 51 of the 125th General Assembly.	533
The General Assembly, applying the principle stated in division	534
(B) of section 1.52 of the Revised Code that amendments are to be	535
harmonized if reasonably capable of simultaneous operation, finds	536
that the composite is the resulting version of the section in	537
effect prior to the effective date of the section as presented in	538
this act.	539