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

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

4

additional health care facilities and locations

5

and to nonprofit health care referral

6

organizations, to increase the maximum allowable

7

income of individuals who may be served by

8

volunteers having immunity from liability, and to

9

amend the version of section 2305.234 of the

10

Revised Code that is scheduled to take effect

11

January 1, 2004, to continue the provisions of

12

this act on and after that effective date.

13

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

Section 1. That sections 2305.234, 3701.071, 4715.42, and	14
4731.295 of the Revised Code be amended to read as follows:	15

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

16

(1) "Chiropractic claim," "medical claim," and "optometric	17
claim" have the same meanings as in section 2305.113 of the	18
Revised Code.	19

(2) "Dental claim" has the same meaning as in section	20
2305.113 of the Revised Code, except that it does not include any	21
claim arising out of a dental operation or any derivative claim	22
for relief that arises out of a dental operation.	23

(3) "Governmental health care program" has the same meaning	24
as in section 4731.65 of the Revised Code.	25

(4) "Health care facility or location" means a hospital,	26
clinic, ambulatory surgical facility, office of a health care	27
professional or associated group of health care professionals,	28
training institution for health care professionals, or any other	29
place where medical, dental, or other health-related diagnosis,	30
care, or treatment is provided to a person.	31

(5) "Health care professional" means any of the following who	32
provide medical, dental, or other health-related diagnosis, care,	33
or treatment:	34

(a) Physicians authorized under Chapter 4731. of the Revised	35
Code to practice medicine and surgery or osteopathic medicine and	36
surgery;	37

(b) Registered nurses, advanced practice nurses as defined in	38
section 2305.113 of the Revised Code, and licensed practical	39
nurses licensed under Chapter 4723. of the Revised Code;	40

(c) Physician assistants authorized to practice under Chapter	41
4730. of the Revised Code;	42

(d) Dentists and dental hygienists licensed under Chapter	43
4715. of the Revised Code;	44

(e) Physical therapists, physical therapist assistants,	45
occupational therapists, and occupational therapy assistants	46
licensed under Chapter 4755. of the Revised Code;	47

(f) Chiropractors licensed under Chapter 4734. of the Revised	48
Code;	49

(g) Optometrists licensed under Chapter 4725. of the Revised	50
Code;	51

(h) Podiatrists authorized under Chapter 4731. of the Revised	52
Code to practice podiatry;	53

(i) Dietitians licensed under Chapter 4759. of the Revised	54
Code;	55

(j) Pharmacists licensed under Chapter 4729. of the Revised	56
Code;	57

(k) Emergency medical technicians-basic, emergency medical	58
technicians-intermediate, and emergency medical	59
technicians-paramedic, certified under Chapter 4765. of the	60
Revised Code;	61

(l) Respiratory care professionals licensed under Chapter	62
4761. of the Revised Code;	63

(m) Speech-language pathologists and audiologists licensed	64
under Chapter 4753. of the Revised Code.	65

(5)(6) "Health care worker" means a person other than a	66
health care professional who provides medical, dental, or other	67
health-related care or treatment under the direction of a health	68
care professional with the authority to direct that individual's	69
activities, including medical technicians, medical assistants,	70
dental assistants, orderlies, aides, and individuals acting in	71
similar capacities.	72

(6)(7) "Indigent and uninsured person" means a person who	73
meets all of the following requirements:	74

(a) The person's income is not greater than onetwo hundred	75
fifty per cent of the current poverty line as defined by the	76
United States office of management and budget and revised in	77
accordance with section 673(2) of the "Omnibus Budget	78
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	79
amended.	80

(b) The person is not eligible to receive medical assistance	81
under Chapter 5111., disability assistance medical assistance	82
under Chapter 5115. of the Revised Code, or assistance under any	83
other governmental health care program.	84

(c) Either of the following applies:

85

(i) The person is not a policyholder, certificate holder,	86
insured, contract holder, subscriber, enrollee, member,	87
beneficiary, or other covered individual under a health insurance	88
or health care policy, contract, or plan.	89

(ii) The person is a policyholder, certificate holder,	90
insured, contract holder, subscriber, enrollee, member,	91
beneficiary, or other covered individual under a health insurance	92
or health care policy, contract, or plan, but the insurer, policy,	93
contract, or plan denies coverage or is the subject of insolvency	94
or bankruptcy proceedings in any jurisdiction.	95

(7)(8) "Nonprofit health care referral organization" means an	96
entity that is not operated for profit and refers patients to, or	97
arranges for the provision of, health-related diagnosis, care, or	98
treatment by a health care professional or health care worker.	99

(9) "Operation" means any procedure that involves cutting or	100
otherwise infiltrating human tissue by mechanical means, including	101
surgery, laser surgery, ionizing radiation, therapeutic	102
ultrasound, or the removal of intraocular foreign bodies.	103
"Operation" does not include the administration of medication by	104
injection, unless the injection is administered in conjunction	105
with a procedure infiltrating human tissue by mechanical means	106
other than the administration of medicine by injection.	107

(8) "Nonprofit shelter or health care facility" means a	108
charitable nonprofit corporation organized and operated pursuant	109
to Chapter 1702. of the Revised Code, or any charitable	110
organization not organized and not operated for profit, that	111
provides shelter, health care services, or shelter and health care	112
services to indigent and uninsured persons, except that "shelter	113
or health care facility" does not include a hospital as defined in	114
section 3727.01 of the Revised Code, a facility licensed under	115
Chapter 3721. of the Revised Code, or a medical facility that is	116
operated for profit.	117

(9)(10) "Tort action" means a civil action for damages for	118
injury, death, or loss to person or property other than a civil	119
action for damages for a breach of contract or another agreement	120
between persons or government entities.	121

(10)(11) "Volunteer" means an individual who provides any	122
medical, dental, or other health-care related diagnosis, care, or	123
treatment without the expectation of receiving and without receipt	124
of any compensation or other form of remuneration from an indigent	125
and uninsured person, another person on behalf of an indigent and	126
uninsured person, any shelter or health care facility or location,	127
any nonprofit health care referral organization, or any other	128
person or government entity.	129

(B)(1) Subject to divisions (E)(F) and (F)(G)(3) of this	130
section, a health care professional who is a volunteer and	131
complies with division (B)(2) of this section is not liable in	132
damages to any person or government entity in a tort or other	133
civil action, including an action on a medical, dental,	134
chiropractic, optometric, or other health-related claim, for	135
injury, death, or loss to person or property that allegedly arises	136
from an action or omission of the volunteer in the provision at a	137
nonprofit shelter or health care facility to an indigent and	138
uninsured person of medical, dental, or other health-related	139
diagnosis, care, or treatment, including the provision of samples	140
of medicine and other medical products, unless the action or	141
omission constitutes willful or wanton misconduct.	142

(2) To qualify for the immunity described in division (B)(1)	143
of this section, a health care professional shall do all of the	144
following prior to providing diagnosis, care, or treatment:	145

(a) Determine, in good faith, that the indigent and uninsured	146
person is mentally capable of giving informed consent to the	147
provision of the diagnosis, care, or treatment and is not subject	148
to duress or under undue influence;	149

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

150

(c) Obtain the informed consent of the person and a written	151
waiver, signed by the person or by another individual on behalf of	152
and in the presence of the person, that states that the person is	153
mentally competent to give informed consent and, without being	154
subject to duress or under undue influence, gives informed consent	155
to the provision of the diagnosis, care, or treatment subject to	156
the provisions of this section.	157

(3) A physician or podiatrist who is not covered by medical	158
malpractice insurance, but complies with division (B)(2) of this	159
section, is not required to comply with division (A) of section	160
4731.143 of the Revised Code.	161

(C) Subject to divisions (E)(F) and (F)(G)(3) of this	162
section, health care workers who are volunteers are not liable in	163
damages to any person or government entity in a tort or other	164
civil action, including an action upon a medical, dental,	165
chiropractic, optometric, or other health-related claim, for	166
injury, death, or loss to person or property that allegedly arises	167
from an action or omission of the health care worker in the	168
provision at a nonprofit shelter or health care facility to an	169
indigent and uninsured person of medical, dental, or other	170
health-related diagnosis, care, or treatment, unless the action or	171
omission constitutes willful or wanton misconduct.	172

(D) Subject to divisions (F) and (G)(3) of this section, a	173
nonprofit health care referral organization is not liable in	174
damages to any person or government entity in a tort or other	175
civil action, including an action on a medical, dental,	176
chiropractic, optometric, or other health-related claim, for	177
injury, death, or loss to person or property that allegedly arises	178
from an action or omission of the nonprofit health care referral	179
organization in referring indigent and uninsured persons to, or	180
arranging for the provision of, medical, dental, or other	181
health-related diagnosis, care, or treatment by a health care	182
professional described in division (B)(1) of this section or a	183
health care worker described in division (C) of this section,	184
unless the action or omission constitutes willful or wanton	185
misconduct.	186

(E) Subject to divisions (E)(F) and (F)(G)(3) of this section	187
and to the extent that the registration requirements of section	188
3701.071 of the Revised Code apply, a nonprofit shelter or health	189
care facility or location associated with a health care	190
professional described in division (B)(1) of this section or, a	191
health care worker described in division (C) of this section, or a	192
nonprofit health care referral organization described in division	193
(D) of this section is not liable in damages to any person or	194
government entity in a tort or other civil action, including an	195
action on a medical, dental, chiropractic, optometric, or other	196
health-related claim, for injury, death, or loss to person or	197
property that allegedly arises from an action or omission of the	198
health care professional or worker in providing foror nonprofit	199
health care referral organization relative to the shelter or	200
facility medical, dental, or other health-related diagnosis, care,	201
or treatment provided to an indigent and uninsured person on	202
behalf of or at the health care facility or location, unless the	203
action or omission constitutes willful or wanton misconduct.	204

(E)(F)(1) Except as provided in division (E)(F)(2) of this	205
section, the immunities provided by divisions (B), (C), and (D),	206
and (E) of this section are not available to an individual or to a	207
nonprofit sheltera health care professional, health care worker,	208
nonprofit health care referral organization, or health care	209
facility or location if, at the time of an alleged injury, death,	210
or loss to person or property, the individualshealth care	211
professionals or health care workers involved are providing one of	212
the following:	213

(a) Any medical, dental, or other health-related diagnosis,	214
care, or treatment pursuant to a community service work order	215
entered by a court under division (F) of section 2951.02 of the	216
Revised Code as a condition of probation or other suspension of a	217
term of imprisonment or imposed by a court as a community control	218
sanction pursuant to sections 2929.15 and 2929.17 of the Revised	219
Code.	220

(b) Performance of an operation.

221

(c) Delivery of a baby.

222

(2) Division (E)(F)(1) of this section does not apply to an	223
individual who provides, or a nonprofit shelter or health care	224
facility at which the individualwhen a health care professional	225
or health care worker provides,medical, dental, or other	226
health-related diagnosis, care, or treatment that is necessary to	227
preserve the life of a person in a medical emergency.	228

(F)(G)(1) This section does not create a new cause of action	229
or substantive legal right against a health care professional,	230
health care worker, nonprofit health care referral organization,	231
or nonprofit shelter or health care facility or location.	232

(2) This section does not affect any immunities from civil	233
liability or defenses established by another section of the	234
Revised Code or available at common law to which an individual or	235
a nonprofit shelterhealth care professional, health care worker,	236
nonprofit health care referral organization, or health care	237
facility or location may be entitled in connection with the	238
provision of emergency or other medical, dental, or other	239
health-related diagnosis, care, or treatment.	240

(3) This section does not grant an immunity from tort or	241
other civil liability to an individual or a nonprofit shelter	242
health care professional, health care worker, nonprofit health	243
care referral organization, or health care facility or location	244
for actions that are outside the scope of authority of health care	245
professionals or health care workers.	246

(4) This section does not affect any legal responsibility of	247
a health care professional or, health care worker, or nonprofit	248
health care referral organization to comply with any applicable	249
law of this state or rule of an agency of this state.	250

(5) This section does not affect any legal responsibility of	251
a nonprofit shelter or health care facility or location to comply	252
with any applicable law of this state, rule of an agency of this	253
state, or local code, ordinance, or regulation that pertains to or	254
regulates building, housing, air pollution, water pollution,	255
sanitation, health, fire, zoning, or safety.	256

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

257

(1) "Indigent and uninsured person" has the same meaning as	258
in section 2305.234 of the Revised Code.	259

(2) "Nonprofit shelter or health care facility" has the same	260
meaning as in section 2305.234 of the Revised Codemeans a	261
charitable nonprofit corporation organized and operated pursuant	262
to Chapter 1702. of the Revised Code, or any charitable	263
organization not organized and not operated for profit, that	264
provides shelter, health care services, or shelter and health care	265
services to indigent and uninsured persons. "Nonprofit shelter or	266
health care facility" does not include a hospital, as defined in	267
section 3727.01 of the Revised Code, a facility licensed under	268
Chapter 3721. of the Revised Code, or a medical facility that is	269
operated for profit.	270

(B) A nonprofit shelter or health care facility operating in	271
this state shall register on the first day of January each year	272
with the department of health. The immunity provided by division	273
(D)(E) of section 2305.234 of the Revised Code is not available to	274
a nonprofit shelter or health care facility until the shelter or	275
facility registers with the department in accordance with this	276
section.	277

(C) A nonprofit shelter or health care facility operating in	278
this state shall keep records of all patients who receive medical,	279
dental, or other health-related diagnosis, care, or treatment at	280
the shelter or facility. The department of health shall monitor	281
the quality of care provided to patients at nonprofit shelters or	282
health care facilities. The monitoring program may be conducted by	283
contracting with another entity or through any other method	284
authorized by law. The department may solicit and accept funds	285
from private sources to fund the monitoring program.	286

Sec. 4715.42.  (A)(1) As used in this section, "indigent and	287
uninsured person," "nonprofit shelter or health care facility,"	288
and "operation" have the same meanings as in section 2305.234 of	289
the Revised Code.	290

(2) For the purposes of this section, a person shall be	291
considered retired from practice if the person's license has been	292
surrendered or allowed to expire with the intention of ceasing to	293
practice as a dentist or dental hygienist for remuneration.	294

(B) The state dental board may issue, without examination, a	295
volunteer's certificate to a person who is retired from practice	296
so that the person may provide dental services to indigent and	297
uninsured persons at nonprofit shelters or health care facilities.	298

(C) An application for a volunteer's certificate shall	299
include all of the following:	300

(1) A copy of the applicant's degree from dental college or	301
dental hygiene school.	302

(2) One of the following, as applicable:

303

(a) A copy of the applicant's most recent license to practice	304
dentistry or dental hygiene issued by a jurisdiction in the United	305
States that licenses persons to practice dentistry or dental	306
hygiene.	307

(b) A copy of the applicant's most recent license equivalent	308
to a license to practice dentistry or dental hygiene in one or	309
more branches of the United States armed services that the United	310
States government issued.	311

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

312

(a) The applicant has maintained for at least ten years prior	313
to retirement full licensure in good standing in any jurisdiction	314
in the United States that licenses persons to practice dentistry	315
or dental hygiene.	316

(b) The applicant has practiced as a dentist or dental	317
hygienist in good standing for at least ten years prior to	318
retirement in one or more branches of the United States armed	319
services.	320

(4) A notarized statement from the applicant, on a form	321
prescribed by the board, that the applicant will not accept any	322
form of remuneration for any dental services rendered while in	323
possession of a volunteer's certificate.	324

(D) The holder of a volunteer's certificate may provide	325
dental services only on the premises of a nonprofit shelter or	326
health care facility and only to indigent and uninsured persons.	327
The holder shall not accept any form of remuneration for providing	328
dental services while in possession of the certificate. Except in	329
a dental emergency, the holder shall not perform any operation.	330
The board may revoke a volunteer's certificate on receiving proof	331
satisfactory to the board that the holder has engaged in practice	332
in this state outside the scope of the holder's certificate or	333
that there are grounds for action against the person under section	334
4715.30 of the Revised Code.	335

(E)(1) A volunteer's certificate shall be valid for a period	336
of three years, and may be renewed upon the application of the	337
holder, unless the certificate was previously revoked under	338
division (D) of this section. The board shall maintain a register	339
of all persons who hold volunteer's certificates. The board shall	340
not charge a fee for issuing or renewing a certificate pursuant to	341
this section.	342

(2) To be eligible for renewal of a volunteer's certificate,	343
the holder of the certificate shall certify to the board	344
completion of sixty hours of continuing dental education that	345
meets the requirements of section 4715.141 of the Revised Code and	346
the rules adopted under that section, or completion of eighteen	347
hours of continuing dental hygiene education that meets the	348
requirements of section 4715.25 of the Revised Code and the rules	349
adopted under that section, as the case may be. The board may not	350
renew a certificate if the holder has not complied with the	351
appropriate continuing education requirements. The nonprofit	352
shelter or health care facility inAny entity for which the holder	353
provides dental services may pay for or reimburse the holder for	354
any costs incurred in obtaining the required continuing education	355
credits.	356

(3) The board shall issue to each person who qualifies under	357
this section for a volunteer's certificate a wallet certificate	358
and a wall certificate that state that the certificate holder is	359
authorized to provide dental services pursuant to the laws of this	360
state. The holder shall keep the wallet certificate on the	361
holder's person while providing dental services and shall display	362
the wall certificate prominently in the nonprofit shelter or	363
health care facilityat the location where the holder primarily	364
practices.	365

(4) The holder of a volunteer's certificate issued pursuant	366
to this section is subject to the immunity provisions in section	367
2305.234 of the Revised Code.	368

(F) The board shall adopt rules in accordance with Chapter	369
119. of the Revised Code to administer and enforce this section.	370

Sec. 4731.295.  (A)(1) As used in this section, "indigent and	371
uninsured person," "nonprofit shelter or health care facility,"	372
and "operation" have the same meanings as in section 2305.234 of	373
the Revised Code.	374

(2) For the purposes of this section, a person shall be	375
considered retired from practice if the person's license or	376
certificate has expired with the person's intention of ceasing to	377
practice medicine and surgery or osteopathic medicine and surgery	378
for remuneration.	379

(B) The state medical board may issue, without examination, a	380
volunteer's certificate to a person who is retired from practice	381
so that the person may provide medical services to indigent and	382
uninsured persons at nonprofit shelters or health care facilities.	383
The board shall deny issuance of a volunteer's certificate to a	384
person who is not qualified under this section to hold a	385
volunteer's certificate.	386

(C) An application for a volunteer's certificate shall	387
include all of the following:	388

(1) A copy of the applicant's degree of medicine or	389
osteopathic medicine.	390

(2) One of the following, as applicable:

391

(a) A copy of the applicant's most recent license or	392
certificate authorizing the practice of medicine and surgery or	393
osteopathic medicine and surgery issued by a jurisdiction in the	394
United States that licenses persons to practice medicine and	395
surgery or osteopathic medicine and surgery.	396

(b) A copy of the applicant's most recent license equivalent	397
to a license to practice medicine and surgery or osteopathic	398
medicine and surgery in one or more branches of the United States	399
armed services that the United States government issued.	400

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

401

(a) That the applicant has maintained for at least ten years	402
prior to retirement full licensure in good standing in any	403
jurisdiction in the United States that licenses persons to	404
practice medicine and surgery or osteopathic medicine and surgery.	405

(b) That the applicant has practiced for at least ten years	406
prior to retirement in good standing as a doctor of medicine and	407
surgery or osteopathic medicine and surgery in one or more of the	408
branches of the United States armed services.	409

(4) A notarized statement from the applicant, on a form	410
prescribed by the board, that the applicant will not accept any	411
form of remuneration for any medical services rendered while in	412
possession of a volunteer's certificate.	413

(D) The holder of a volunteer's certificate may provide	414
medical services only on the premises of a nonprofit shelter or	415
health care facility and only to indigent and uninsured persons.	416
The holder shall not accept any form of remuneration for providing	417
medical services while in possession of the certificate. Except in	418
a medical emergency, the holder shall not perform any operation or	419
deliver babies. The board may revoke a volunteer's certificate on	420
receiving proof satisfactory to the board that the holder has	421
engaged in practice in this state outside the scope of the	422
certificate.	423

(E)(1) A volunteer's certificate shall be valid for a period	424
of three years, unless earlier revoked under division (D) of this	425
section or pursuant to section 4731.22 of the Revised Code. A	426
volunteer's certificate may be renewed upon the application of the	427
holder. The board shall maintain a register of all persons who	428
hold volunteer's certificates. The board shall not charge a fee	429
for issuing or renewing a certificate pursuant to this section.	430

(2) To be eligible for renewal of a volunteer's certificate	431
the holder of the certificate shall certify to the board	432
completion of one hundred fifty hours of continuing medical	433
education that meets the requirements of section 4731.281 of the	434
Revised Code regarding certification by private associations and	435
approval by the board. The board may not renew a certificate if	436
the holder has not complied with the continuing medical education	437
requirements. The nonprofit shelter or health care facility inAny	438
entity for which the holder provides medical services may pay for	439
or reimburse the holder for any costs incurred in obtaining the	440
required continuing medical education credits.	441

(3) The board shall issue to each person who qualifies under	442
this section for a volunteer's certificate a wallet certificate	443
and a wall certificate that state that the certificate holder is	444
authorized to provide medical services pursuant to the laws of	445
this state. The holder shall keep the wallet certificate on the	446
holder's person while providing medical services and shall display	447
the wall certificate prominently in the nonprofit shelter or	448
health care facilityat the location where the holder primarily	449
practices.	450

(4) The holder of a volunteer's certificate issued pursuant	451
to this section is subject to the immunity provisions in section	452
2305.234 of the Revised Code.	453

(F) The board shall adopt rules in accordance with Chapter	454
119. of the Revised Code to administer and enforce this section.	455

Section 2. That existing sections 2305.234, 3701.071,	456
4715.42, and 4731.295 of the Revised Code are hereby repealed.	457

Section 3. That the version of section 2305.234 of the	458
Revised Code that is scheduled to take effect January 1, 2004, be	459
amended to read as follows:	460

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

461

(1) "Chiropractic claim," "medical claim," and "optometric	462
claim" have the same meanings as in section 2305.113 of the	463
Revised Code.	464

(2) "Dental claim" has the same meaning as in section	465
2305.113 of the Revised Code, except that it does not include any	466
claim arising out of a dental operation or any derivative claim	467
for relief that arises out of a dental operation.	468

(3) "Governmental health care program" has the same meaning	469
as in section 4731.65 of the Revised Code.	470

(4) "Health care facility or location" means a hospital,	471
clinic, ambulatory surgical facility, office of a health care	472
professional or associated group of health care professionals,	473
training institution for health care professionals, or any other	474
place where medical, dental, or other health-related diagnosis,	475
care, or treatment is provided to a person.	476

(5) "Health care professional" means any of the following who	477
provide medical, dental, or other health-related diagnosis, care,	478
or treatment:	479

(a) Physicians authorized under Chapter 4731. of the Revised	480
Code to practice medicine and surgery or osteopathic medicine and	481
surgery;	482

(b) Registered nurses, advanced practice nurses as defined in	483
section 2305.113 of the Revised Code, and licensed practical	484
nurses licensed under Chapter 4723. of the Revised Code;	485

(c) Physician assistants authorized to practice under Chapter	486
4730. of the Revised Code;	487

(d) Dentists and dental hygienists licensed under Chapter	488
4715. of the Revised Code;	489

(e) Physical therapists, physical therapist assistants,	490
occupational therapists, and occupational therapy assistants	491
licensed under Chapter 4755. of the Revised Code;	492

(f) Chiropractors licensed under Chapter 4734. of the Revised	493
Code;	494

(g) Optometrists licensed under Chapter 4725. of the Revised	495
Code;	496

(h) Podiatrists authorized under Chapter 4731. of the Revised	497
Code to practice podiatry;	498

(i) Dietitians licensed under Chapter 4759. of the Revised	499
Code;	500

(j) Pharmacists licensed under Chapter 4729. of the Revised	501
Code;	502

(k) Emergency medical technicians-basic, emergency medical	503
technicians-intermediate, and emergency medical	504
technicians-paramedic, certified under Chapter 4765. of the	505
Revised Code;	506

(l) Respiratory care professionals licensed under Chapter	507
4761. of the Revised Code;	508

(m) Speech-language pathologists and audiologists licensed	509
under Chapter 4753. of the Revised Code.	510

(5)(6) "Health care worker" means a person other than a	511
health care professional who provides medical, dental, or other	512
health-related care or treatment under the direction of a health	513
care professional with the authority to direct that individual's	514
activities, including medical technicians, medical assistants,	515
dental assistants, orderlies, aides, and individuals acting in	516
similar capacities.	517

(6)(7) "Indigent and uninsured person" means a person who	518
meets all of the following requirements:	519

(a) The person's income is not greater than onetwo hundred	520
fifty per cent of the current poverty line as defined by the	521
United States office of management and budget and revised in	522
accordance with section 673(2) of the "Omnibus Budget	523
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	524
amended.	525

(b) The person is not eligible to receive medical assistance	526
under Chapter 5111., disability assistance medical assistance	527
under Chapter 5115. of the Revised Code, or assistance under any	528
other governmental health care program.	529

(c) Either of the following applies:

530

(i) The person is not a policyholder, certificate holder,	531
insured, contract holder, subscriber, enrollee, member,	532
beneficiary, or other covered individual under a health insurance	533
or health care policy, contract, or plan.	534

(ii) The person is a policyholder, certificate holder,	535
insured, contract holder, subscriber, enrollee, member,	536
beneficiary, or other covered individual under a health insurance	537
or health care policy, contract, or plan, but the insurer, policy,	538
contract, or plan denies coverage or is the subject of insolvency	539
or bankruptcy proceedings in any jurisdiction.	540

(7)(8) "Nonprofit health care referral organization" means an	541
entity that is not operated for profit and refers patients to, or	542
arranges for the provision of, health-related diagnosis, care, or	543
treatment by a health care professional or health care worker.	544

(9) "Operation" means any procedure that involves cutting or	545
otherwise infiltrating human tissue by mechanical means, including	546
surgery, laser surgery, ionizing radiation, therapeutic	547
ultrasound, or the removal of intraocular foreign bodies.	548
"Operation" does not include the administration of medication by	549
injection, unless the injection is administered in conjunction	550
with a procedure infiltrating human tissue by mechanical means	551
other than the administration of medicine by injection.	552

(8) "Nonprofit shelter or health care facility" means a	553
charitable nonprofit corporation organized and operated pursuant	554
to Chapter 1702. of the Revised Code, or any charitable	555
organization not organized and not operated for profit, that	556
provides shelter, health care services, or shelter and health care	557
services to indigent and uninsured persons, except that "shelter	558
or health care facility" does not include a hospital as defined in	559
section 3727.01 of the Revised Code, a facility licensed under	560
Chapter 3721. of the Revised Code, or a medical facility that is	561
operated for profit.	562

(9)(10) "Tort action" means a civil action for damages for	563
injury, death, or loss to person or property other than a civil	564
action for damages for a breach of contract or another agreement	565
between persons or government entities.	566

(10)(11) "Volunteer" means an individual who provides any	567
medical, dental, or other health-care related diagnosis, care, or	568
treatment without the expectation of receiving and without receipt	569
of any compensation or other form of remuneration from an indigent	570
and uninsured person, another person on behalf of an indigent and	571
uninsured person, any shelter or health care facility or location,	572
any nonprofit health care referral organization, or any other	573
person or government entity.	574

(11)(12) "Community control sanction" has the same meaning as	575
in section 2929.01 of the Revised Code.	576

(B)(1) Subject to divisions (E)(F) and (F)(G)(3) of this	577
section, a health care professional who is a volunteer and	578
complies with division (B)(2) of this section is not liable in	579
damages to any person or government entity in a tort or other	580
civil action, including an action on a medical, dental,	581
chiropractic, optometric, or other health-related claim, for	582
injury, death, or loss to person or property that allegedly arises	583
from an action or omission of the volunteer in the provision at a	584
nonprofit shelter or health care facility to an indigent and	585
uninsured person of medical, dental, or other health-related	586
diagnosis, care, or treatment, including the provision of samples	587
of medicine and other medical products, unless the action or	588
omission constitutes willful or wanton misconduct.	589

(2) To qualify for the immunity described in division (B)(1)	590
of this section, a health care professional shall do all of the	591
following prior to providing diagnosis, care, or treatment:	592

(a) Determine, in good faith, that the indigent and uninsured	593
person is mentally capable of giving informed consent to the	594
provision of the diagnosis, care, or treatment and is not subject	595
to duress or under undue influence;	596

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

597

(c) Obtain the informed consent of the person and a written	598
waiver, signed by the person or by another individual on behalf of	599
and in the presence of the person, that states that the person is	600
mentally competent to give informed consent and, without being	601
subject to duress or under undue influence, gives informed consent	602
to the provision of the diagnosis, care, or treatment subject to	603
the provisions of this section.	604

(3) A physician or podiatrist who is not covered by medical	605
malpractice insurance, but complies with division (B)(2) of this	606
section, is not required to comply with division (A) of section	607
4731.143 of the Revised Code.	608

(C) Subject to divisions (E)(F) and (F)(G)(3) of this	609
section, health care workers who are volunteers are not liable in	610
damages to any person or government entity in a tort or other	611
civil action, including an action upon a medical, dental,	612
chiropractic, optometric, or other health-related claim, for	613
injury, death, or loss to person or property that allegedly arises	614
from an action or omission of the health care worker in the	615
provision at a nonprofit shelter or health care facility to an	616
indigent and uninsured person of medical, dental, or other	617
health-related diagnosis, care, or treatment, unless the action or	618
omission constitutes willful or wanton misconduct.	619

(D) Subject to divisions (F) and (G)(3) of this section, a	620
nonprofit health care referral organization is not liable in	621
damages to any person or government entity in a tort or other	622
civil action, including an action on a medical, dental,	623
chiropractic, optometric, or other health-related claim, for	624
injury, death, or loss to person or property that allegedly arises	625
from an action or omission of the nonprofit health care referral	626
organization in referring indigent and uninsured persons to, or	627
arranging for the provision of, medical, dental, or other	628
health-related diagnosis, care, or treatment by a health care	629
professional described in division (B)(1) of this section or a	630
health care worker described in division (C) of this section,	631
unless the action or omission constitutes willful or wanton	632
misconduct.	633

(E) Subject to divisions (E)(F) and (F)(G)(3) of this section	634
and to the extent that the registration requirements of section	635
3701.071 of the Revised Code apply, a nonprofit shelter or health	636
care facility or location associated with a health care	637
professional described in division (B)(1) of this section or a	638
health care worker described in division (C) of this section, or a	639
nonprofit health care referral organization described in division	640
(D) of this section is not liable in damages to any person or	641
government entity in a tort or other civil action, including an	642
action on a medical, dental, chiropractic, optometric, or other	643
health-related claim, for injury, death, or loss to person or	644
property that allegedly arises from an action or omission of the	645
health care professional or worker in providing foror nonprofit	646
health care referral organization relative to the shelter or	647
facility medical, dental, or other health-related diagnosis, care,	648
or treatment provided to an indigent and uninsured person on	649
behalf of or at the health care facility or location, unless the	650
action or omission constitutes willful or wanton misconduct.	651

(E)(F)(1) Except as provided in division (E)(F)(2) of this	652
section, the immunities provided by divisions (B), (C), and (D),	653
and (E) of this section are not available to an individual or to a	654
nonprofit sheltera health care professional, health care worker,	655
nonprofit health care referral organization, or health care	656
facility or location if, at the time of an alleged injury, death,	657
or loss to person or property, the individualshealth care	658
professionals or health care workers involved are providing one of	659
the following:	660

(a) Any medical, dental, or other health-related diagnosis,	661
care, or treatment pursuant to a community service work order	662
entered by a court under division (B) of section 2951.02 of the	663
Revised Code or imposed by a court as a community control	664
sanction;	665

(b) Performance of an operation;

666

(c) Delivery of a baby.

667

(2) Division (E)(F)(1) of this section does not apply to an	668
individual who provides, or a nonprofit shelter or health care	669
facility at which the individualwhen a health care professional	670
or health care worker provides,medical, dental, or other	671
health-related diagnosis, care, or treatment that is necessary to	672
preserve the life of a person in a medical emergency.	673

(F)(G)(1) This section does not create a new cause of action	674
or substantive legal right against a health care professional,	675
health care worker, nonprofit health care referral organization,	676
or nonprofit shelter or health care facility or location.	677

(2) This section does not affect any immunities from civil	678
liability or defenses established by another section of the	679
Revised Code or available at common law to which an individual or	680
a nonprofit shelterhealth care professional, health care worker,	681
nonprofit health care referral organization, or health care	682
facility or location may be entitled in connection with the	683
provision of emergency or other medical, dental, or other	684
health-related diagnosis, care, or treatment.	685

(3) This section does not grant an immunity from tort or	686
other civil liability to an individual or a nonprofit shelter	687
health care professional, health care worker, nonprofit health	688
care referral organization, or health care facility or location	689
for actions that are outside the scope of authority of health care	690
professionals or health care workers.	691

(4) This section does not affect any legal responsibility of	692
a health care professional or, health care worker, or nonprofit	693
health care referral organization to comply with any applicable	694
law of this state or rule of an agency of this state.	695

(5) This section does not affect any legal responsibility of	696
a nonprofit shelter or health care facility or location to comply	697
with any applicable law of this state, rule of an agency of this	698
state, or local code, ordinance, or regulation that pertains to or	699
regulates building, housing, air pollution, water pollution,	700
sanitation, health, fire, zoning, or safety.	701

Section 4. That the existing version of section 2305.234 of	702
the Revised Code that is scheduled to take effect January 1, 2004,	703
is hereby repealed.	704

Section 5. That Sections 3 and 4 of this act shall take	705
effect January 1, 2004.	706

Section 6.  Section 2305.234 of the Revised Code is presented	707
in Section 3 of this act as a composite of the section as amended	708
by both Am. Sub. H.B. 490 and Am. Sub. S.B. 281 of the 124th	709
General Assembly. The General Assembly, applying the principle	710
stated in division (B) of section 1.52 of the Revised Code that	711
amendments are to be harmonized if reasonably capable of	712
simultaneous operation, finds that the composite is the resulting	713
version of the section in effect prior to the effective date of	714
the section as presented in Section 3 of this act.	715