As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 129


Senators Bacon, Hite 

Cosponsors: Senators Schaffer, Stewart, Obhof, Jordan, Lehner, Gillmor, Widener 

A BILL
To enact section 2305.2310 of the Revised Code to 1
grant qualified civil immunity to a physician, 2
physician assistant, dentist, or optometrist who 3
provides emergency medical, dental, or optometric 4
services, first-aid treatment, or other emergency 5
professional care in compliance with the federal 6
Emergency Medical Treatment and Active Labor Act 7
or as a result of a disaster and to a certified 8
nurse-midwife, certified nurse practitioner, 9
clinical nurse specialist, or registered nurse who 10
provides emergency services, first-aid treatment, 11
or other emergency professional care as a result 12
of a disaster and to provide that these provisions 13
do not apply to wrongful death actions.14


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

       Section 1. That section 2305.2310 of the Revised Code be 15
enacted to read as follows:16

       Sec. 2305.2310. (A) As used in this section:17

       (1) "Dentist" has the same meaning as in section 2305.231 of 18
the Revised Code.19

        (2) "Disaster" means any imminent threat or actual occurrence 20
of widespread or severe damage to or loss of property, personal 21
hardship or injury, or loss of life that results from any natural 22
phenomenon or act of a human.23

       (3) "Medical claim," "dental claim," and "optometric claim" 24
have the same meanings as in section 2305.113 of the Revised Code.25

       (4) "Optometrist" means a person who is licensed under 26
Chapter 4725. of the Revised Code to practice optometry.27

       (5) "Physician" means an individual authorized under Chapter 28
4731. of the Revised Code to practice medicine and surgery, 29
osteopathic medicine and surgery, or podiatric medicine and 30
surgery.31

       (6) "Reckless disregard" as it applies to a given physician, 32
physician assistant, dentist, or optometrist rendering emergency 33
medical, dental, or optometric services, whichever are applicable, 34
means conduct that a physician, physician assistant, dentist, or 35
optometrist knew or should have known, at the time those services 36
were rendered, created an unreasonable risk of injury, death, or 37
loss to person or property so as to affect the life or health of 38
another and that risk was substantially greater than that which is 39
necessary to make the conduct negligent.40

       (7) "Registered nurse" means an individual who holds a 41
current, valid license issued under Chapter 4723. of the Revised 42
Code that authorizes the practice of nursing as a registered 43
nurse.44

        (8) "Tort action" means a civil action for damages for 45
injury, death, or loss to person or property other than a civil 46
action for damages for a breach of contract or another agreement 47
between persons or governmental entities. "Tort action" includes 48
an action on a medical claim, dental claim, or optometric claim.49

       (B)(1) Subject to division (C)(3) of this section, a 50
physician, physician assistant, dentist, or optometrist who 51
provides emergency medical, dental, or optometric services, 52
whichever are applicable, first-aid treatment, or other emergency 53
professional care, including the provision of any medication or 54
other medical, dental, or optometric product, in compliance with 55
the "Emergency Medical Treatment and Active Labor Act," 100 Stat. 56
164 (1986), 42 U.S.C. 1395dd, as amended, is not liable in damages 57
to any person in a tort action for injury, death, or loss to 58
person or property that allegedly arises from an act or omission 59
of the physician, physician assistant, dentist, or optometrist in 60
the physician's, physician assistant's, dentist's, or 61
optometrist's provision of those services or that treatment or 62
care if that act or omission does not constitute a reckless 63
disregard for the consequences so as to affect the life or health 64
of the patient.65

       (2) Subject to division (C)(3) of this section, a physician, 66
physician assistant, dentist, or optometrist who provides 67
emergency medical, dental, or optometric services, whichever are 68
applicable, first-aid treatment, or other emergency professional 69
care, including the provision of any medication or other medical, 70
dental, or optometric product, as a result of a disaster is not 71
liable in damages to any person in a tort action for injury, 72
death, or loss to person or property that allegedly arises from an 73
act or omission of the physician, physician assistant, dentist, or 74
optometrist in the physician's, physician assistant's, dentist's, 75
or optometrist's provision of those services or that treatment or 76
care if that act or omission does not constitute willful or wanton 77
misconduct.78

       (3) Subject to division (C)(3) of this section, a certified 79
nurse-midwife, certified nurse practitioner, clinical nurse 80
specialist, or registered nurse who provides emergency services, 81
first-aid treatment, or other emergency professional care, 82
including the administration or provision of any medication or 83
other medical product, as a result of a disaster is not liable in 84
damages to any person in a tort action for injury, death, or loss 85
to person or property that allegedly arises from an act or 86
omission of the certified nurse-midwife, certified nurse 87
practitioner, clinical nurse specialist, or registered nurse in 88
the provision of those services or that treatment or care if that 89
act or omission does not constitute willful or wanton misconduct.90

       (C)(1) This section does not create a new cause of action or 91
substantive legal right against a physician, physician assistant, 92
dentist, optometrist, certified nurse-midwife, certified nurse 93
practitioner, clinical nurse specialist, or registered nurse.94

       (2) This section does not affect any immunities from civil 95
liability or defenses established by another section of the 96
Revised Code or available at common law to which a physician, 97
physician assistant, dentist, or optometrist may be entitled in 98
connection with the provision of emergency medical, dental, or 99
optometric services, whichever are applicable, first-aid 100
treatment, or other emergency professional care. This section does 101
not affect any immunities from civil liability or defenses 102
established by another section of the Revised Code or available at 103
common law to which a certified nurse-midwife, certified nurse 104
practitioner, clinical nurse specialist, or registered nurse may 105
be entitled in connection with the provision of emergency 106
services, first-aid treatment, or other emergency professional 107
care.108

       (3) This section does not grant an immunity from tort or 109
other civil liability to a physician, physician assistant, 110
dentist, or optometrist for actions that are outside the scope of 111
authority of the physician, physician assistant, dentist, or 112
optometrist. This section does not grant an immunity from tort or 113
other civil liability to a certified nurse-midwife, certified 114
nurse practitioner, clinical nurse specialist, or registered nurse 115
for actions that are outside the scope of authority of the 116
certified nurse-midwife, certified nurse practitioner, clinical 117
nurse specialist, or registered nurse.118

       (4) This section does not affect any legal responsibility of 119
a physician, physician assistant, dentist, optometrist, certified 120
nurse-midwife, certified nurse practitioner, clinical nurse 121
specialist, or registered nurse to comply with any applicable law 122
of this state or rule of an agency of this state.123

       (D) This section does not apply to a tort action alleging 124
wrongful death against a physician, physician assistant, dentist, 125
or optometrist who provides emergency medical, dental, or 126
optometric services, whichever are applicable, first-aid 127
treatment, or other emergency medical care, including the 128
provision of any medication or other medical, dental, or 129
optometric product that allegedly arises from an act or omission 130
of the physician, physician assistant, dentist, or optometrist in 131
the physician's, physician assistant's, dentist's, or 132
optometrist's provision of those services or that treatment or 133
care or as a result of a disaster or against a certified 134
nurse-midwife, certified nurse practitioner, clinical nurse 135
specialist, or registered nurse who provides emergency services, 136
first-aid treatment, or other emergency professional care, 137
including the administration or provision of any medication or 138
other medical product, as a result of a disaster.139