(6) "Reckless disregard" as it applies to a given physician, | 32 |
physician assistant, dentist, or optometrist rendering emergency | 33 |
medical services means conduct that a physician, physician | 34 |
assistant, dentist, or optometrist knew or should have known, at | 35 |
the time those services were rendered, created an unreasonable | 36 |
risk of injury, death, or loss to person or property so as to | 37 |
affect the life or health of another and that risk was | 38 |
substantially greater than that which is necessary to make the | 39 |
conduct negligent. | 40 |
(B)(1) Subject to division (C)(3) of this section, a | 50 |
physician, physician assistant, dentist, or optometrist who | 51 |
provides emergency medical services, first-aid treatment, or other | 52 |
emergency professional care, including the provision of any | 53 |
medication or other medical product, in compliance with the | 54 |
"Emergency Medical Treatment and Active Labor Act," 100 Stat. 164 | 55 |
(1986), 42 U.S.C. 1395dd, as amended, is not liable in damages to | 56 |
any person in a tort action for injury, death, or loss to person | 57 |
or property that allegedly arises from an act or omission of the | 58 |
physician, physician assistant, dentist, or optometrist in the | 59 |
physician's, physician assistant's, dentist's, or optometrist's | 60 |
provision of those services or that treatment or care if that act | 61 |
or omission does not constitute a reckless disregard for the | 62 |
consequences so as to affect the life or health of the patient. | 63 |
(2) Subject to division (C)(3) of this section, a physician, | 64 |
physician assistant, dentist, or optometrist who provides | 65 |
emergency medical services, first-aid treatment, or other | 66 |
emergency professional care, including the provision of any | 67 |
medication or other medical product, as a result of a disaster is | 68 |
not liable in damages to any person in a tort action for injury, | 69 |
death, or loss to person or property that allegedly arises from an | 70 |
act or omission of the physician, physician assistant, dentist, or | 71 |
optometrist in the physician's, physician assistant's, dentist's, | 72 |
or optometrist's provision of those services or that treatment or | 73 |
care if that act or omission does not constitute willful or wanton | 74 |
misconduct. | 75 |
(3) Subject to division (C)(3) of this section, a certified | 76 |
nurse-midwife, certified nurse practitioner, clinical nurse | 77 |
specialist, or registered nurse who provides emergency services, | 78 |
first-aid treatment, or other emergency professional care, | 79 |
including the administration or provision of any medication or | 80 |
other medical product, as a result of a disaster is not liable in | 81 |
damages to any person in a tort action for injury, death, or loss | 82 |
to person or property that allegedly arises from an act or | 83 |
omission of the certified nurse-midwife, certified nurse | 84 |
practitioner, clinical nurse specialist, or registered nurse in | 85 |
the provision of those services or that treatment or care if that | 86 |
act or omission does not constitute willful or wanton misconduct. | 87 |
(2) This section does not affect any immunities from civil | 92 |
liability or defenses established by another section of the | 93 |
Revised Code or available at common law to which a physician, | 94 |
physician assistant, dentist, or optometrist may be entitled in | 95 |
connection with the provision of emergency medical services, | 96 |
first-aid treatment, or other emergency professional care. This | 97 |
section does not affect any immunities from civil liability or | 98 |
defenses established by another section of the Revised Code or | 99 |
available at common law to which a certified nurse-midwife, | 100 |
certified nurse practitioner, clinical nurse specialist, or | 101 |
registered nurse may be entitled in connection with the provision | 102 |
of emergency services, first-aid treatment, or other emergency | 103 |
professional care. | 104 |
(3) This section does not grant an immunity from tort or | 105 |
other civil liability to a physician, physician assistant, | 106 |
dentist, or optometrist for actions that are outside the scope of | 107 |
authority of the physician, physician assistant, dentist, or | 108 |
optometrist. This section does not grant an immunity from tort or | 109 |
other civil liability to a certified nurse-midwife, certified | 110 |
nurse practitioner, clinical nurse specialist, or registered nurse | 111 |
for actions that are outside the scope of authority of the | 112 |
certified nurse-midwife, certified nurse practitioner, clinical | 113 |
nurse specialist, or registered nurse. | 114 |
(D) This section does not apply to a tort action alleging | 120 |
wrongful death against a physician, physician assistant, dentist, | 121 |
or optometrist who provides emergency medical services, first-aid | 122 |
treatment, or other emergency medical care, including the | 123 |
provision of any medication or other medical product that | 124 |
allegedly arises from an act or omission of the physician, | 125 |
physician assistant, dentist, or optometrist in the physician's, | 126 |
physician assistant's, dentist's, or optometrist's provision of | 127 |
those services or that treatment or care or as a result of a | 128 |
disaster or against a certified nurse-midwife, certified nurse | 129 |
practitioner, clinical nurse specialist, or registered nurse who | 130 |
provides emergency services, first-aid treatment, or other | 131 |
emergency professional care, including the administration or | 132 |
provision of any medication or other medical product, as a result | 133 |
of a disaster. | 134 |