|
|
| To enact section 2305.2310 of the Revised Code to | 1 |
| grant qualified civil immunity to a physician who | 2 |
| provides emergency medical services, first-aid | 3 |
| treatment, or other emergency professional care in | 4 |
| compliance with the federal Emergency Medical | 5 |
| Treatment and Active Labor Act or as a result of | 6 |
| a disaster. | 7 |
| Section 1. That section 2305.2310 of the Revised Code be | 8 |
| enacted to read as follows: | 9 |
| Sec. 2305.2310. (A) As used in this section: | 10 |
| (1) "Disaster" means any imminent threat or actual occurrence | 11 |
| of widespread or severe damage to or loss of property, personal | 12 |
| hardship or injury, or loss of life that results from any natural | 13 |
| phenomenon or act of a human. | 14 |
| (2) "Medical claim" has the same meaning as in section | 15 |
| 2305.113 of the Revised Code. | 16 |
| (3) "Physician" means an individual authorized under Chapter | 17 |
| 4731. of the Revised Code to practice medicine and surgery or | 18 |
| osteopathic medicine and surgery. | 19 |
| (4) "Tort action" means a civil action for damages for | 20 |
| injury, death, or loss to person or property other than a civil | 21 |
| action for damages for a breach of contract or another agreement | 22 |
| between persons or governmental entities. "Tort action" includes | 23 |
| an action on a medical claim. | 24 |
| (B)(1) Subject to division (C)(3) of this section, a | 25 |
| physician who provides emergency medical services, first-aid | 26 |
| treatment, or other emergency professional care, including the | 27 |
| provision of any medication or other medical product, in | 28 |
| compliance with the "Emergency Medical Treatment and Active Labor | 29 |
| Act," 100 Stat. 164 (1986), 42 U.S.C. 1395dd, as amended, is not | 30 |
| liable in damages to any person in a tort action for injury, | 31 |
| death, or loss to person or property that allegedly arises from | 32 |
| an act or omission of the physician in the physician's provision | 33 |
| of those services or that treatment or care if that act or | 34 |
| omission does not constitute willful or wanton misconduct. | 35 |
| (2) Subject to division (C)(3) of this section, a physician | 36 |
| who provides emergency medical services, first-aid treatment, or | 37 |
| other emergency professional care, including the provision of any | 38 |
| medication or other medical product, as a result of a disaster is | 39 |
| not liable in damages to any person in a tort action for injury, | 40 |
| death, or loss to person or property that allegedly arises from | 41 |
| an act or omission of the physician in the physician's provision | 42 |
| of those services or that treatment or care if that act or | 43 |
| omission does not constitute willful or wanton misconduct. | 44 |
| (C)(1) This section does not create a new cause of action or | 45 |
| substantive legal right against a physician. | 46 |
| (2) This section does not affect any immunities from civil | 47 |
| liability or defenses established by another section of the | 48 |
| Revised Code or available at common law to which a physician may | 49 |
| be entitled in connection with the provision of emergency medical | 50 |
| services, first-aid treatment, or other emergency professional | 51 |
| care. | 52 |
| (3) This section does not grant an immunity from tort or | 53 |
| other civil liability to a physician for actions that are outside | 54 |
| the scope of authority of the physician. | 55 |
| (4) This section does not affect any legal responsibility of | 56 |
| a physician to comply with any applicable law of this state or | 57 |
| rule of an agency of this state. | 58 |