As Re-reported by the Senate Civil Justice Committee

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 247


Representative Stebelton 

Cosponsors: Representatives Huffman, Butler, Sears, Becker, Lynch, Antonio, Barnes, Bishoff, Brown, Carney, Schuring, Adams, R., Amstutz, Anielski, Beck, Blair, Boose, Buchy, Burkley, Celebrezze, DeVitis, Dovilla, Duffey, Green, Grossman, Hackett, Hagan, C., Hall, Hayes, Heard, Hill, Hottinger, Johnson, Landis, Maag, Mallory, McClain, Milkovich, O'Brien, Roegner, Rogers, Ruhl, Slaby, Smith, Sprague, Stinziano, Winburn Speaker Batchelder 

Senators Brown, Tavares 

A BILL
To amend sections 2305.235, 3701.85, 5122.11, and 1
5122.111 of the Revised Code to make clear that 2
any person may perform automated external 3
defibrillation, to extend qualified immunity from 4
civil liability to premises owners and other 5
persons involved with automated external 6
defibrillator placement and use, to allow 7
proceedings for a mentally ill person subject to 8
court order to be in a probate court in any 9
county, rather than in the county where the 10
mentally ill person subject to court order 11
resides, and to modify the form of the affidavit 12
used to initiate proceedings for court-ordered 13
treatment of a mentally ill person.14


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

       Section 1. That sections 2305.235, 3701.85, 5122.11, and 15
5122.111 of the Revised Code be amended to read as follows:16

       Sec. 2305.235.  (A) As used in this section:17

       (1) "Automated external defibrillation" means the process of 18
applying a specialized defibrillator to a person in cardiac 19
arrest, allowing the defibrillator to interpret the cardiac 20
rhythm, and, if appropriate, delivering an electrical shock to the 21
heart to allow it to resume effective electrical activity.22

       (2) "Physician" has the same meaning as in section 4765.01 of 23
the Revised Code.24

       (B) Except in the case of willful or wanton misconduct, no 25
physician shall be held liable in civil damages for injury, death, 26
or loss to person or property for providing a prescription for an 27
automated external defibrillator approved for use as a medical 28
device by the United States food and drug administration or 29
consulting with a person regarding the use and maintenance of a 30
defibrillator.31

       (C) Except in the case of willful or wanton misconduct, no 32
person shall be held liable in civil damages for injury, death, or 33
loss to person or property for providingdoing any of the 34
following:35

        (1) Providing training in automated external defibrillation 36
and cardiopulmonary resuscitation;37

        (2) Authorizing, directing, or supervising the installation 38
or placement of an automated external defibrillator;39

       (3) Designing, managing, or operating a cardiopulmonary 40
resuscitation or automated external defibrillation program;41

        (4) Acquiring an automated external defibrillator;42

        (5) Owning, managing, or having responsibility for a premises 43
or location where an automated external defibrillator has been 44
placed.45

       (D) Except in the case of willful or wanton misconduct or 46
when there is no good faith attempt to activate an emergency 47
medical services system in accordance with section 3701.85 of the 48
Revised Code, no person shall be held liable in civil damages for 49
injury, death, or loss to person or property, or held criminally 50
liable, for performing automated external defibrillation in good 51
faith, regardless of whether the person has obtained appropriate 52
training on how to perform automated external defibrillation or 53
successfully completed a course in cardiopulmonary resuscitation.54

       Sec. 3701.85.  (A) As used in this section:55

       (1) "Automated external defibrillation" has the same meaning 56
as in section 2305.235 of the Revised Code.57

       (2) "Emergency medical services organization" has the same 58
meaning as in section 4765.01 of the Revised Code.59

       (3) "Emergency medical service provider" means a person who 60
is an "emergency medical technician-basic," "emergency medical 61
technician-intermediate," "emergency medical 62
technician-paramedic," or "first responder" as defined in section 63
4765.01 of the Revised Code.64

       (4) "Physician" has the same meaning as in section 4765.01 of 65
the Revised Code.66

       (5) "Registered nurse" and "licensed practical nurse" have 67
the same meanings as in section 4723.01 of the Revised Code.68

       (B) A person who possesses an automated external 69
defibrillator shall do allboth of the following:70

       (1) RequireEncourage expected users to complete successfully 71
a course in automated external defibrillation and cardiopulmonary 72
resuscitation that is offered or approved by the American heart 73
association or anothera nationally recognized organization and 74
includes instruction on psychomotor skills and national 75
evidence-based emergency cardiovascular guidelines that are 76
current;77

       (2) Maintain and test the defibrillator according to the 78
manufacturer's guidelines;79

       (3) Consult with a physician regarding compliance with the 80
requirements of divisions (B)(1) and (2) of this section.81

       (C) AIt is recommended, but not required, that a person who 82
possesses an automated external defibrillator may notify an 83
emergency medical services organization of the location of the 84
defibrillator.85

       (D) AAny person who has obtained appropriate training on how 86
to perform automated external defibrillation and has successfully 87
completed a course in cardiopulmonary resuscitation may perform 88
automated external defibrillation, regardless of whether the 89
person is a physician, registered nurse, licensed practical nurse, 90
or emergency medical service provider. WhenTraining in automated 91
external defibrillation and cardiopulmonary resuscitation is 92
recommended but not required.93

       A person who performs automated external defibrillation is 94
not performed as part of an emergency medical services system or 95
at a hospital as defined in section 3727.01 of the Revised Code,96
shall make a good faith effort to activate or have another person 97
activate an emergency medical services system shall be activated98
as soon as possible unless the person is performing automated 99
external defibrillation as part of an emergency medical services 100
system or at a hospital as defined in section 3727.01 of the 101
Revised Code.102

       Sec. 5122.11.  Proceedings for a mentally ill person subject 103
to court order pursuant to sections 5122.11 to 5122.15 of the 104
Revised Code shall be commenced by the filing of an affidavit in 105
the manner prescribed by the department of mental health and 106
addiction services and in a form prescribed in section 5122.111 of 107
the Revised Code, by any person or persons with the probate court 108
in the county where the mentally ill person subject to court order 109
resides, either on reliable information or actual knowledge, 110
whichever is determined to be proper by the court. This section 111
does not apply to the hospitalization of a person pursuant to 112
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 113
Code.114

       The affidavit shall contain an allegation setting forth the 115
specific category or categories under division (B) of section 116
5122.01 of the Revised Code upon which the jurisdiction of the 117
court is based and a statement of alleged facts sufficient to 118
indicate probable cause to believe that the person is a mentally 119
ill person subject to court order. The affidavit may be 120
accompanied, or the court may require that the affidavit be 121
accompanied, by a certificate of a psychiatrist, or a certificate 122
signed by a licensed clinical psychologist and a certificate 123
signed by a licensed physician stating that the person who issued 124
the certificate has examined the person and is of the opinion that 125
the person is a mentally ill person subject to court order, or 126
shall be accompanied by a written statement by the applicant, 127
under oath, that the person has refused to submit to an 128
examination by a psychiatrist, or by a licensed clinical 129
psychologist and licensed physician.130

       Upon receipt of the affidavit, if a judge of the court or a 131
referee who is an attorney at law appointed by the court has 132
probable cause to believe that the person named in the affidavit 133
is a mentally ill person subject to court order, the judge or 134
referee may issue a temporary order of detention ordering any 135
health or police officer or sheriff to take into custody and 136
transport the person to a hospital or other place designated in 137
section 5122.17 of the Revised Code, or may set the matter for 138
further hearing. If a temporary order of detention is issued and 139
the person is transported to a hospital or other designated place, 140
the court that issued the order shall retain jurisdiction over the 141
case as it relates to the person's outpatient treatment, 142
notwithstanding that the hospital or other designated place to 143
which the person is transported is outside the territorial 144
jurisdiction of the court.145

       The person may be observed and treated until the hearing 146
provided for in section 5122.141 of the Revised Code. If no such 147
hearing is held, the person may be observed and treated until the 148
hearing provided for in section 5122.15 of the Revised Code.149

       Sec. 5122.111.  To initiate proceedings for court-ordered 150
treatment of a person under section 5122.11 of the Revised Code, a 151
person or persons shall file an affidavit with the probate court 152
that is identical in form and content to the following:153

       AFFIDAVIT OF MENTAL ILLNESS154

155
The State of Ohio 156
..................... County, ss. 157
..................... Court 158

................................................................. 159
the undersigned, residing at 160
................................................................. 161
says, that he/she has information to believe or has actual knowledge that 162
................................................................. 163

(Please specify specific category(ies) below with an X.)
164

[ ] Represents a substantial risk of physical harm to self as 165
manifested by evidence of threats of, or attempts at, suicide or 166
serious self-inflicted bodily harm;167

[ ] Represents a substantial risk of physical harm to others as 168
manifested by evidence of recent homicidal or other violent 169
behavior or evidence of recent threats that place another in 170
reasonable fear of violent behavior and serious physical harm or 171
other evidence of present dangerousness;172

[ ] Represents a substantial and immediate risk of serious 173
physical impairment or injury to self as manifested by evidence of 174
being unable to provide for and of not providing for basic 175
physical needs because of mental illness and that appropriate 176
provision for such needs cannot be made immediately available in 177
the community;178

[ ] Would benefit from treatment for mental illness and is in need 179
of such treatment as manifested by evidence of behavior that 180
creates a grave and imminent risk to substantial rights of others 181
or the person; or182

[ ] Would benefit from treatment as manifested by evidence of 183
behavior that indicates all of the following:184

(a) The person is unlikely to survive safely in the community 185
without supervision, based on a clinical determination.186

(b) The person has a history of lack of compliance with treatment 187
for mental illness and one of the following applies: 188

(i) At least twice within the thirty-six months prior to the 189
filing of an affidavit seeking court-ordered treatment of the 190
person under section 5122.111 of the Revised Code, the lack of 191
compliance has been a significant factor in necessitating 192
hospitalization in a hospital or receipt of services in a forensic 193
or other mental health unit of a correctional facility, provided 194
that the thirty-six-month period shall be extended by the length 195
of any hospitalization or incarceration of the person that 196
occurred within the thirty-six-month period.197

(ii) Within the forty-eight months prior to the filing of an 198
affidavit seeking court-ordered treatment of the person under 199
section 5122.111 of the Revised Code, the lack of compliance 200
resulted in one or more acts of serious violent behavior toward 201
self or others or threats of, or attempts at, serious physical 202
harm to self or others, provided that the forty-eight-month period 203
shall be extended by the length of any hospitalization or 204
incarceration of the person that occurred within the 205
forty-eight-month period.206

(c) The person, as a result of mental illness, is unlikely to 207
voluntarily participate in necessary treatment.208

(d) In view of the person's treatment history and current 209
behavior, the person is in need of treatment in order to prevent a 210
relapse or deterioration that would be likely to result in 211
substantial risk of serious harm to the person or others.212

................................................................. 213
(Name of the party filing the affidavit) further says that the facts supporting this belief are as follows: 214
................................................................. 215
................................................................. 216
................................................................. 217
................................................................. 218
................................................................. 219
................................................................. 220
These facts being sufficient to indicate probable cause that the 221
above said person is a mentally ill person subject to 222
court order. 223



Name of Patient's Last Physician or Licensed Clinical Psychologist 224
................................................................. 225
Address of Patient's Last Physician or Licensed Clinical Psychologist 226
................................................................. 227
................................................................. 228



The name and address of respondent's legal guardian, spouse, and 229
adult next of kin are:230



Name Kinship Address 231
  232
Legal Guardian 233
234
  235
Spouse 236
237
  238
Adult Next of Kin 239
240
  241
Adult Next of Kin 242
243



The following constitutes additional information that may be 244
necessary for the purpose of determining residence: 245
................................................................. 246
................................................................. 247
................................................................. 248
................................................................. 249
................................................................. 250

Dated this ............. day of ..............., 20...251



252
Signature of the party filing the affidavit 253

Sworn to before me and signed in my presence on the day and year 254
above dated.255



256
Signature of Probate Judge 257



258
Signature of, Deputy Clerk, or Notary Public 259



WAIVER
260

I, the undersigned party filing the affidavit hereby waive the 261
issuing and service of notice of the hearing on said affidavit, 262
and voluntarily enter my appearance herein.263



Dated this ............. day of ..............., 20...264



265
Signature of the party filing the affidavit 266

       Section 2. That existing sections 2305.235, 3701.85, 5122.11, 267
and 5122.111 of the Revised Code are hereby repealed.268