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To amend sections 2305.234, 3701.071, 3702.71, | 1 |
3702.74, 3702.76, 3702.85, 3702.87, 3702.91, | 2 |
4715.42, 4723.271, and 4731.295 and to enact | 3 |
sections 5.2290, 3701.072, and 4723.26 of the | 4 |
Revised Code to require the Department of Health | 5 |
to maintain information on its web site regarding | 6 |
free clinics, to designate December as "Free | 7 |
Clinic Appreciation Month," to modify the state's | 8 |
loan repayment programs for physicians and | 9 |
dentists who participate by providing care at free | 10 |
clinics, to create a volunteer's certificate for | 11 |
retired nurses, and to extend for a specified | 12 |
period qualified immunity from civil liability for | 13 |
certain volunteer health care services provided to | 14 |
individuals eligible for or receiving Medicaid. | 15 |
Section 1. That sections 2305.234, 3701.071, 3702.71, | 16 |
3702.74, 3702.76, 3702.85, 3702.87, 3702.91, 4715.42, 4723.271, | 17 |
and 4731.295 be amended and sections 5.2290, 3701.072, and 4723.26 | 18 |
of the Revised Code be enacted to read as follows: | 19 |
Sec. 5.2290. The month of December is designated as "Free | 20 |
Clinic Appreciation Month." | 21 |
Sec. 2305.234. (A) As used in this section: | 22 |
(1) "Chiropractic claim," "medical claim," and "optometric | 23 |
claim" have the same meanings as in section 2305.113 of the | 24 |
Revised Code. | 25 |
(2) "Dental claim" has the same meaning as in section | 26 |
2305.113 of the Revised Code, except that it does not include any | 27 |
claim arising out of a dental operation or any derivative claim | 28 |
for relief that arises out of a dental operation. | 29 |
(3) "Governmental health care program" has the same meaning | 30 |
as in section 4731.65 of the Revised Code. | 31 |
(4) "Health care facility or location" means a hospital, | 32 |
clinic, ambulatory surgical facility, office of a health care | 33 |
professional or associated group of health care professionals, | 34 |
training institution for health care professionals, a free clinic | 35 |
or other nonprofit shelter or health care facility as those terms | 36 |
are defined in section 3701.071 of the Revised Code, or any other | 37 |
place where medical, dental, or other health-related diagnosis, | 38 |
care, or treatment is provided to a person. | 39 |
(5) "Health care professional" means any of the following who | 40 |
provide medical, dental, or other health-related diagnosis, care, | 41 |
or treatment: | 42 |
(a) Physicians authorized under Chapter 4731. of the Revised | 43 |
Code to practice medicine and surgery or osteopathic medicine and | 44 |
surgery; | 45 |
(b) Registered nurses and licensed practical nurses licensed | 46 |
under Chapter 4723. of the Revised Code and individuals who hold a | 47 |
certificate of authority issued under that chapter that authorizes | 48 |
the practice of nursing as a certified registered nurse | 49 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 50 |
or certified nurse practitioner; | 51 |
(c) Physician assistants authorized to practice under Chapter | 52 |
4730. of the Revised Code; | 53 |
(d) Dentists and dental hygienists licensed under Chapter | 54 |
4715. of the Revised Code; | 55 |
(e) Physical therapists, physical therapist assistants, | 56 |
occupational therapists, and occupational therapy assistants | 57 |
licensed under Chapter 4755. of the Revised Code; | 58 |
(f) Chiropractors licensed under Chapter 4734. of the Revised | 59 |
Code; | 60 |
(g) Optometrists licensed under Chapter 4725. of the Revised | 61 |
Code; | 62 |
(h) Podiatrists authorized under Chapter 4731. of the Revised | 63 |
Code to practice podiatry; | 64 |
(i) Dietitians licensed under Chapter 4759. of the Revised | 65 |
Code; | 66 |
(j) Pharmacists licensed under Chapter 4729. of the Revised | 67 |
Code; | 68 |
(k) Emergency medical technicians-basic, emergency medical | 69 |
technicians-intermediate, and emergency medical | 70 |
technicians-paramedic, certified under Chapter 4765. of the | 71 |
Revised Code; | 72 |
(l) Respiratory care professionals licensed under Chapter | 73 |
4761. of the Revised Code; | 74 |
(m) Speech-language pathologists and audiologists licensed | 75 |
under Chapter 4753. of the Revised Code; | 76 |
(n) Professional clinical counselors, professional | 77 |
counselors, independent social workers, social workers, | 78 |
independent marriage and family therapists, and marriage and | 79 |
family therapists, licensed under Chapter 4757. of the Revised | 80 |
Code; | 81 |
(o) Psychologists licensed under Chapter 4732. of the Revised | 82 |
Code; | 83 |
(p) Independent chemical dependency counselors, chemical | 84 |
dependency counselors III, chemical dependency counselors II, and | 85 |
chemical dependency counselors I, licensed under Chapter 4758. of | 86 |
the Revised Code. | 87 |
(6) "Health care worker" means a person other than a health | 88 |
care professional who provides medical, dental, or other | 89 |
health-related care or treatment under the direction of a health | 90 |
care professional with the authority to direct that individual's | 91 |
activities, including medical technicians, medical assistants, | 92 |
dental assistants, orderlies, aides, and individuals acting in | 93 |
similar capacities. | 94 |
(7) "Indigent and uninsured person" means a person who meets | 95 |
96 |
(a) | 97 |
not greater than two hundred per cent of the | 98 |
poverty line, as defined by the United States office of management | 99 |
and budget and revised in accordance with section 673(2) of the | 100 |
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 | 101 |
U.S.C. 9902, as amended, except in any case in which division | 102 |
(A)(7)(b)(iii) of this section includes a person whose income is | 103 |
greater than two hundred per cent of the federal poverty line. | 104 |
(b) | 105 |
106 |
| 107 |
applies: | 108 |
(i) The person is not a policyholder, certificate holder, | 109 |
insured, contract holder, subscriber, enrollee, member, | 110 |
beneficiary, or other covered individual under a health insurance | 111 |
or health care policy, contract, or plan. | 112 |
(ii) The person is a policyholder, certificate holder, | 113 |
insured, contract holder, subscriber, enrollee, member, | 114 |
beneficiary, or other covered individual under a health insurance | 115 |
or health care policy, contract, or plan, but the insurer, policy, | 116 |
contract, or plan denies coverage or is the subject of insolvency | 117 |
or bankruptcy proceedings in any jurisdiction. | 118 |
(iii) Until June 30, 2019, the person is eligible for the | 119 |
medicaid program or is a medicaid recipient. | 120 |
(iv) Except as provided in division (A)(7)(b)(iii) of this | 121 |
section, the person is not eligible for or a recipient, enrollee, | 122 |
or beneficiary of any governmental health care program. | 123 |
(8) "Nonprofit health care referral organization" means an | 124 |
entity that is not operated for profit and refers patients to, or | 125 |
arranges for the provision of, health-related diagnosis, care, or | 126 |
treatment by a health care professional or health care worker. | 127 |
(9) "Operation" means any procedure that involves cutting or | 128 |
otherwise infiltrating human tissue by mechanical means, including | 129 |
surgery, laser surgery, ionizing radiation, therapeutic | 130 |
ultrasound, or the removal of intraocular foreign bodies. | 131 |
"Operation" does not include the administration of medication by | 132 |
injection, unless the injection is administered in conjunction | 133 |
with a procedure infiltrating human tissue by mechanical means | 134 |
other than the administration of medicine by injection. | 135 |
"Operation" does not include routine dental restorative | 136 |
procedures, the scaling of teeth, or extractions of teeth that are | 137 |
not impacted. | 138 |
(10) "Tort action" means a civil action for damages for | 139 |
injury, death, or loss to person or property other than a civil | 140 |
action for damages for a breach of contract or another agreement | 141 |
between persons or government entities. | 142 |
(11) "Volunteer" means an individual who provides any | 143 |
medical, dental, or other health-care related diagnosis, care, or | 144 |
treatment without the expectation of receiving and without receipt | 145 |
of any compensation or other form of remuneration from an indigent | 146 |
and uninsured person, another person on behalf of an indigent and | 147 |
uninsured person, any health care facility or location, any | 148 |
nonprofit health care referral organization, or any other person | 149 |
or government entity. | 150 |
(12) "Community control sanction" has the same meaning as in | 151 |
section 2929.01 of the Revised Code. | 152 |
(13) "Deep sedation" means a drug-induced depression of | 153 |
consciousness during which a patient cannot be easily aroused but | 154 |
responds purposefully following repeated or painful stimulation, a | 155 |
patient's ability to independently maintain ventilatory function | 156 |
may be impaired, a patient may require assistance in maintaining a | 157 |
patent airway and spontaneous ventilation may be inadequate, and | 158 |
cardiovascular function is usually maintained. | 159 |
(14) "General anesthesia" means a drug-induced loss of | 160 |
consciousness during which a patient is not arousable, even by | 161 |
painful stimulation, the ability to independently maintain | 162 |
ventilatory function is often impaired, a patient often requires | 163 |
assistance in maintaining a patent airway, positive pressure | 164 |
ventilation may be required because of depressed spontaneous | 165 |
ventilation or drug-induced depression of neuromuscular function, | 166 |
and cardiovascular function may be impaired. | 167 |
(B)(1) Subject to divisions (F) and (G)(3) of this section, a | 168 |
health care professional who is a volunteer and complies with | 169 |
division (B)(2) of this section is not liable in damages to any | 170 |
person or government entity in a tort or other civil action, | 171 |
including an action on a medical, dental, chiropractic, | 172 |
optometric, or other health-related claim, for injury, death, or | 173 |
loss to person or property that allegedly arises from an action or | 174 |
omission of the volunteer in the provision to an indigent and | 175 |
uninsured person of medical, dental, or other health-related | 176 |
diagnosis, care, or treatment, including the provision of samples | 177 |
of medicine and other medical products, unless the action or | 178 |
omission constitutes willful or wanton misconduct. | 179 |
(2) To qualify for the immunity described in division (B)(1) | 180 |
of this section, a health care professional shall do all of the | 181 |
following prior to providing diagnosis, care, or treatment: | 182 |
(a) Determine, in good faith, that the indigent and uninsured | 183 |
person is mentally capable of giving informed consent to the | 184 |
provision of the diagnosis, care, or treatment and is not subject | 185 |
to duress or under undue influence; | 186 |
(b) Inform the person of the provisions of this section, | 187 |
including notifying the person that, by giving informed consent to | 188 |
the provision of the diagnosis, care, or treatment, the person | 189 |
cannot hold the health care professional liable for damages in a | 190 |
tort or other civil action, including an action on a medical, | 191 |
dental, chiropractic, optometric, or other health-related claim, | 192 |
unless the action or omission of the health care professional | 193 |
constitutes willful or wanton misconduct; | 194 |
(c) Obtain the informed consent of the person and a written | 195 |
waiver, signed by the person or by another individual on behalf of | 196 |
and in the presence of the person, that states that the person is | 197 |
mentally competent to give informed consent and, without being | 198 |
subject to duress or under undue influence, gives informed consent | 199 |
to the provision of the diagnosis, care, or treatment subject to | 200 |
the provisions of this section. A written waiver under division | 201 |
(B)(2)(c) of this section shall state clearly and in conspicuous | 202 |
type that the person or other individual who signs the waiver is | 203 |
signing it with full knowledge that, by giving informed consent to | 204 |
the provision of the diagnosis, care, or treatment, the person | 205 |
cannot bring a tort or other civil action, including an action on | 206 |
a medical, dental, chiropractic, optometric, or other | 207 |
health-related claim, against the health care professional unless | 208 |
the action or omission of the health care professional constitutes | 209 |
willful or wanton misconduct. | 210 |
(3) A physician or podiatrist who is not covered by medical | 211 |
malpractice insurance, but complies with division (B)(2) of this | 212 |
section, is not required to comply with division (A) of section | 213 |
4731.143 of the Revised Code. | 214 |
(C) Subject to divisions (F) and (G)(3) of this section, | 215 |
health care workers who are volunteers are not liable in damages | 216 |
to any person or government entity in a tort or other civil | 217 |
action, including an action upon a medical, dental, chiropractic, | 218 |
optometric, or other health-related claim, for injury, death, or | 219 |
loss to person or property that allegedly arises from an action or | 220 |
omission of the health care worker in the provision to an indigent | 221 |
and uninsured person of medical, dental, or other health-related | 222 |
diagnosis, care, or treatment, unless the action or omission | 223 |
constitutes willful or wanton misconduct. | 224 |
(D) Subject to divisions (F) and (G)(3) of this section, a | 225 |
nonprofit health care referral organization is not liable in | 226 |
damages to any person or government entity in a tort or other | 227 |
civil action, including an action on a medical, dental, | 228 |
chiropractic, optometric, or other health-related claim, for | 229 |
injury, death, or loss to person or property that allegedly arises | 230 |
from an action or omission of the nonprofit health care referral | 231 |
organization in referring indigent and uninsured persons to, or | 232 |
arranging for the provision of, medical, dental, or other | 233 |
health-related diagnosis, care, or treatment by a health care | 234 |
professional described in division (B)(1) of this section or a | 235 |
health care worker described in division (C) of this section, | 236 |
unless the action or omission constitutes willful or wanton | 237 |
misconduct. | 238 |
(E) Subject to divisions (F) and (G)(3) of this section and | 239 |
to the extent that the registration requirements of section | 240 |
3701.071 of the Revised Code apply, a health care facility or | 241 |
location associated with a health care professional described in | 242 |
division (B)(1) of this section, a health care worker described in | 243 |
division (C) of this section, or a nonprofit health care referral | 244 |
organization described in division (D) of this section is not | 245 |
liable in damages to any person or government entity in a tort or | 246 |
other civil action, including an action on a medical, dental, | 247 |
chiropractic, optometric, or other health-related claim, for | 248 |
injury, death, or loss to person or property that allegedly arises | 249 |
from an action or omission of the health care professional or | 250 |
worker or nonprofit health care referral organization relative to | 251 |
the medical, dental, or other health-related diagnosis, care, or | 252 |
treatment provided to an indigent and uninsured person on behalf | 253 |
of or at the health care facility or location, unless the action | 254 |
or omission constitutes willful or wanton misconduct. | 255 |
(F)(1) Except as provided in division (F)(2) of this section, | 256 |
the immunities provided by divisions (B), (C), (D), and (E) of | 257 |
this section are not available to a health care professional, | 258 |
health care worker, nonprofit health care referral organization, | 259 |
or health care facility or location if, at the time of an alleged | 260 |
injury, death, or loss to person or property, the health care | 261 |
professionals or health care workers involved are providing one of | 262 |
the following: | 263 |
(a) Any medical, dental, or other health-related diagnosis, | 264 |
care, or treatment pursuant to a community service work order | 265 |
entered by a court under division (B) of section 2951.02 of the | 266 |
Revised Code or imposed by a court as a community control | 267 |
sanction; | 268 |
(b) Performance of an operation to which any one of the | 269 |
following applies: | 270 |
(i) The operation requires the administration of deep | 271 |
sedation or general anesthesia. | 272 |
(ii) The operation is a procedure that is not typically | 273 |
performed in an office. | 274 |
(iii) The individual involved is a health care professional, | 275 |
and the operation is beyond the scope of practice or the | 276 |
education, training, and competence, as applicable, of the health | 277 |
care professional. | 278 |
(c) Delivery of a baby or any other purposeful termination of | 279 |
a human pregnancy. | 280 |
(2) Division (F)(1) of this section does not apply when a | 281 |
health care professional or health care worker provides medical, | 282 |
dental, or other health-related diagnosis, care, or treatment that | 283 |
is necessary to preserve the life of a person in a medical | 284 |
emergency. | 285 |
(G)(1) This section does not create a new cause of action or | 286 |
substantive legal right against a health care professional, health | 287 |
care worker, nonprofit health care referral organization, or | 288 |
health care facility or location. | 289 |
(2) This section does not affect any immunities from civil | 290 |
liability or defenses established by another section of the | 291 |
Revised Code or available at common law to which a health care | 292 |
professional, health care worker, nonprofit health care referral | 293 |
organization, or health care facility or location may be entitled | 294 |
in connection with the provision of emergency or other medical, | 295 |
dental, or other health-related diagnosis, care, or treatment. | 296 |
(3) This section does not grant an immunity from tort or | 297 |
other civil liability to a health care professional, health care | 298 |
worker, nonprofit health care referral organization, or health | 299 |
care facility or location for actions that are outside the scope | 300 |
of authority of health care professionals or health care workers. | 301 |
(4) This section does not affect any legal responsibility of | 302 |
a health care professional, health care worker, or nonprofit | 303 |
health care referral organization to comply with any applicable | 304 |
law of this state or rule of an agency of this state. | 305 |
(5) This section does not affect any legal responsibility of | 306 |
a health care facility or location to comply with any applicable | 307 |
law of this state, rule of an agency of this state, or local code, | 308 |
ordinance, or regulation that pertains to or regulates building, | 309 |
housing, air pollution, water pollution, sanitation, health, fire, | 310 |
zoning, or safety. | 311 |
Sec. 3701.071. (A) As used in this section: | 312 |
(1) "Free clinic" means a nonprofit organization exempt from | 313 |
federal income taxation under section 501(c)(3) of the "Internal | 314 |
Revenue Code of 1986," as amended, or a program component of a | 315 |
nonprofit organization, to which both of the following apply: | 316 |
(a) Its primary mission is to provide health care services | 317 |
for free or for a minimal administrative fee to individuals with | 318 |
limited resources. | 319 |
(b) It facilitates the delivery of health care services | 320 |
through the use of volunteer health care professionals and | 321 |
voluntary care networks. | 322 |
(2) "Indigent and uninsured person" has the same meaning as | 323 |
in section 2305.234 of the Revised Code. | 324 |
| 325 |
charitable nonprofit corporation organized and operated pursuant | 326 |
to Chapter 1702. of the Revised Code, or any charitable | 327 |
organization not organized and not operated for profit, that | 328 |
provides shelter, health care services, or shelter and health care | 329 |
services to indigent and uninsured persons. "Nonprofit shelter or | 330 |
health care facility" includes any such shelter or facility that | 331 |
is operated as or includes a free clinic. "Nonprofit shelter or | 332 |
health care facility" does not include a hospital, as defined in | 333 |
section 3727.01 of the Revised Code, a facility licensed under | 334 |
Chapter 3721. of the Revised Code, or a medical facility that is | 335 |
operated for profit. | 336 |
(B) A nonprofit shelter or health care facility operating in | 337 |
this state shall register on the first day of January each year | 338 |
with the department of health. The immunity provided by division | 339 |
(E) of section 2305.234 of the Revised Code is not available to a | 340 |
nonprofit shelter or health care facility until the shelter or | 341 |
facility registers with the department in accordance with this | 342 |
section. | 343 |
(C) A nonprofit shelter or health care facility operating in | 344 |
this state shall keep records of all patients who receive medical, | 345 |
dental, or other health-related diagnosis, care, or treatment at | 346 |
the shelter or facility. The department of health shall monitor | 347 |
the quality of care provided to patients at nonprofit shelters or | 348 |
health care facilities. The monitoring program may be conducted by | 349 |
contracting with another entity or through any other method | 350 |
authorized by law. The department may solicit and accept funds | 351 |
from private sources to fund the monitoring program. | 352 |
Sec. 3701.072. (A) As used in this section, "free clinic" | 353 |
has the same meaning as in section 3701.071 of the Revised Code. | 354 |
(B) The department of health, on its internet web site, shall | 355 |
make information available regarding free clinics. The information | 356 |
shall include all of the following: | 357 |
(1) A description of what constitutes a free clinic; | 358 |
(2) The benefits that free clinics provide to the state's | 359 |
health care system, including the services they make available to | 360 |
both patients and health care providers; | 361 |
(3) A directory of free clinics, including for each clinic | 362 |
its address and contact information and its hours of operation; | 363 |
(4) A notice each time that a new free clinic is opened. | 364 |
(C) Each year, the department shall promote the designation | 365 |
under section 5.2290 of the Revised Code of December as "Free | 366 |
Clinic Appreciation Month." The promotion shall include the | 367 |
selection of a free clinic to be named as "free clinic of the | 368 |
year" and the selection of a physician, nurse, and dentist to be | 369 |
named as "free clinic volunteer of the year" in the respective | 370 |
professions. | 371 |
In conducting its promotion activities, the department may | 372 |
consult with entities that have interests in the services provided | 373 |
by and the benefits of free clinics, including the Ohio | 374 |
association of free clinics. | 375 |
Sec. 3702.71. As used in sections 3702.71 to 3702.81 of the | 376 |
Revised Code: | 377 |
(A) "Primary care physician" means an individual who is | 378 |
authorized under Chapter 4731. of the Revised Code to practice | 379 |
medicine and surgery or osteopathic medicine and surgery and is | 380 |
board certified or board eligible in a primary care specialty. | 381 |
(B) "Primary care service" means professional comprehensive | 382 |
personal health services, which may include health education and | 383 |
disease prevention, treatment of uncomplicated health problems, | 384 |
diagnosis of chronic health problems, overall management of health | 385 |
care services for an individual or a family, and the services of a | 386 |
psychiatrist. "Primary care service" also includes providing the | 387 |
initial contact for health care services and making referrals for | 388 |
secondary and tertiary care and for continuity of health care | 389 |
services. | 390 |
(C) "Primary care specialty" means general internal medicine, | 391 |
pediatrics, adolescent medicine, obstetrics and gynecology, | 392 |
psychiatry, child and adolescent psychiatry, geriatric psychiatry, | 393 |
combined internal medicine and pediatrics, geriatrics, or family | 394 |
practice. | 395 |
(D) "Free clinic" has the same meaning as in section 3701.071 | 396 |
of the Revised Code. | 397 |
Sec. 3702.74. (A) A primary care physician who has signed a | 398 |
letter of intent under section 3702.73 of the Revised Code and the | 399 |
director of health may enter into a contract for the physician's | 400 |
participation in the physician loan repayment program. The | 401 |
physician's employer or other funding source may also be a party | 402 |
to the contract. | 403 |
(B) The contract shall include all of the following | 404 |
obligations: | 405 |
(1) The primary care physician agrees to provide primary care | 406 |
services in the health resource shortage area identified in the | 407 |
letter of intent for at least two years; | 408 |
(2) When providing primary care services in the health | 409 |
resource shortage area, the primary care physician agrees to do | 410 |
all of the following: | 411 |
(a) Provide primary care services for a number of hours per | 412 |
week, as follows: | 413 |
(i) Except as provided in division (B)(2)(a)(ii) of this | 414 |
section, a minimum of forty hours per week, of which at least | 415 |
twenty-one hours will be spent providing patient care in an | 416 |
outpatient or ambulatory setting; | 417 |
(ii) A minimum of twenty-one hours per week if the services | 418 |
are to be provided solely in a health resource shortage area that | 419 |
is a free clinic. | 420 |
(b) | 421 |
minimum number of hours required under division (B) of this | 422 |
section, provide the services without regard to a patient's | 423 |
ability to pay; | 424 |
(c) Meet the requirements for a medicaid provider agreement | 425 |
and enter into the agreement with the department of medicaid to | 426 |
provide primary care services to medicaid recipients. | 427 |
(3) The department of health agrees, as provided in section | 428 |
3702.75 of the Revised Code, to repay, so long as the primary care | 429 |
physician performs the service obligation agreed to under division | 430 |
(B)(1) of this section, all or part of the principal and interest | 431 |
of a government or other educational loan taken by the primary | 432 |
care physician for expenses described in section 3702.75 of the | 433 |
Revised Code; | 434 |
(4) The primary care physician agrees to pay the department | 435 |
of health an amount established by rules adopted under section | 436 |
3702.79 of the Revised Code if the physician fails to complete the | 437 |
service obligation agreed to under division (B)(1) of this | 438 |
section. | 439 |
(C) The contract may include any other terms agreed upon by | 440 |
the parties. | 441 |
Sec. 3702.76. (A) The director of health shall designate, as | 442 |
health resource shortage areas, areas in this state that | 443 |
experience special health problems and physician practice patterns | 444 |
that limit access to medical care. | 445 |
division (B) of this section, the designations shall be made by | 446 |
rule | 447 |
more facilities within a particular area, or a population group | 448 |
within a particular area. The director shall consider for | 449 |
designation as a health resource shortage area, any area in this | 450 |
state that has been designated by the United States secretary of | 451 |
health and human services as a health manpower shortage area under | 452 |
Title III of the "Public Health Service Act," 58 Stat. 682 (1944), | 453 |
42 U.S.C.A. 201, as amended. | 454 |
(B) The director shall designate each free clinic as a health | 455 |
resource shortage area, regardless of whether the clinic is | 456 |
located in a geographic area that is designated as a health | 457 |
resource shortage area. | 458 |
Sec. 3702.85. (A) As used in sections 3702.85 to 3702.95 of | 459 |
the Revised Code, "free clinic" has the same meaning as in section | 460 |
3701.071 of the Revised Code. | 461 |
(B) There is hereby created the dentist loan repayment | 462 |
program, which shall be administered by the department of health | 463 |
in cooperation with the dentist loan repayment advisory board. The | 464 |
program shall provide loan repayment on behalf of individuals who | 465 |
agree to provide dental services in areas designated as dental | 466 |
health resource shortage areas by the director of health pursuant | 467 |
to section 3702.87 of the Revised Code. | 468 |
(C) Under the program, the department of health, by means of | 469 |
a contract entered into under section 3702.91 of the Revised Code, | 470 |
may agree to repay all or part of the principal and interest of a | 471 |
government or other educational loan taken by an individual for | 472 |
the following expenses incurred while the individual was enrolled | 473 |
in an accredited dental college or a dental college located | 474 |
outside of the United States that meets the standards of section | 475 |
4715.11 of the Revised Code: | 476 |
| 477 |
| 478 |
laboratory expenses that are for purposes and in amounts | 479 |
determined reasonable by the director of health; | 480 |
| 481 |
the director of health. | 482 |
Sec. 3702.87. (A) The director of health shall designate, as | 483 |
dental health resource shortage areas, areas in this state that | 484 |
experience special dental health problems and dentist practice | 485 |
patterns that limit access to dental care. | 486 |
in division (B) of this section, the designations shall be made by | 487 |
rule | 488 |
more facilities within a particular area, or a population group | 489 |
within a particular area. The director shall consider for | 490 |
designation as a dental health resource shortage area, any area in | 491 |
this state that has been designated by the United States secretary | 492 |
of health and human services as a health professional shortage | 493 |
area under Title III of the "Public Health Service Act," 58 Stat. | 494 |
682 (1944), 42 U.S.C. 201, as amended. | 495 |
(B) The director shall designate each free clinic as a dental | 496 |
health resource shortage area, regardless of whether the clinic is | 497 |
located in a geographic area that is designated as a dental health | 498 |
resource shortage area. | 499 |
Sec. 3702.91. (A) An individual who has signed a letter of | 500 |
intent under section 3702.90 of the Revised Code may enter into a | 501 |
contract with the director of health for participation in the | 502 |
dentist loan repayment program. The dentist's employer or other | 503 |
funding source may also be a party to the contract. | 504 |
(B) The contract shall include all of the following | 505 |
obligations: | 506 |
(1) The individual agrees to provide dental services in the | 507 |
dental health resource shortage area identified in the letter of | 508 |
intent for at least two years. | 509 |
(2) When providing dental services in the dental health | 510 |
resource shortage area, the individual agrees to do all of the | 511 |
following: | 512 |
(a) Provide dental services for a number of hours per week, | 513 |
as follows: | 514 |
(i) Except as provided in division (B)(2)(a)(ii) of this | 515 |
section, a minimum of forty hours per week; | 516 |
(ii) A minimum of twenty-one hours per week if the services | 517 |
are to be provided solely in a dental health resource shortage | 518 |
area that is a free clinic. | 519 |
(b) | 520 |
number of hours required under division (B) of this section, | 521 |
provide the services without regard to a patient's ability to pay; | 522 |
(c) Meet the requirements for a medicaid provider agreement | 523 |
and enter into the agreement with the department of medicaid to | 524 |
provide dental services to medicaid recipients. | 525 |
(3) The department of health agrees, as provided in section | 526 |
3702.85 of the Revised Code, to repay, so long as the individual | 527 |
performs the service obligation agreed to under division (B)(1) of | 528 |
this section, all or part of the principal and interest of a | 529 |
government or other educational loan taken by the individual for | 530 |
expenses described in section 3702.85 of the Revised Code. | 531 |
(4) The individual agrees to pay the department of health an | 532 |
amount established by rules adopted under section 3702.86 of the | 533 |
Revised Code, if the individual fails to complete the service | 534 |
obligation agreed to under division (B)(1) of this section. | 535 |
(C) The contract may include any other terms agreed upon by | 536 |
the parties. | 537 |
(D) Not later than the thirty-first day of January of each | 538 |
year, the department of health shall mail to each individual to | 539 |
whom or on whose behalf repayment is made under the dentist loan | 540 |
repayment program a statement showing the amount of principal and | 541 |
interest repaid by the department pursuant to the contract in the | 542 |
preceding year. The statement shall be sent by ordinary mail with | 543 |
address correction and forwarding requested in the manner | 544 |
prescribed by the United States postal service. | 545 |
Sec. 4715.42. (A)(1) As used in this section | 546 |
(a) "Free clinic" has the same meaning as in section 3701.071 | 547 |
of the Revised Code. | 548 |
(b) "Indigent and uninsured person" and "operation" have the | 549 |
same meanings as in section 2305.234 of the Revised Code. | 550 |
(2) For the purposes of this section, a person shall be | 551 |
considered retired from practice if the person's license has been | 552 |
surrendered or allowed to expire with the intention of ceasing to | 553 |
practice as a dentist or dental hygienist for remuneration. | 554 |
(B) Within thirty days after receiving an application for a | 555 |
volunteer's certificate that includes all of the items listed in | 556 |
divisions (C)(1), (2), and (3) of this section, the state dental | 557 |
board shall issue, without examination, a volunteer's certificate | 558 |
to a person who is retired from practice so that the person may | 559 |
provide dental services to indigent and uninsured persons at any | 560 |
location, including a free clinic. | 561 |
(C) An application for a volunteer's certificate shall | 562 |
include all of the following: | 563 |
(1) A copy of the applicant's degree from dental college or | 564 |
dental hygiene school. | 565 |
(2) One of the following, as applicable: | 566 |
(a) A copy of the applicant's most recent license to practice | 567 |
dentistry or dental hygiene issued by a jurisdiction in the United | 568 |
States that licenses persons to practice dentistry or dental | 569 |
hygiene. | 570 |
(b) A copy of the applicant's most recent license equivalent | 571 |
to a license to practice dentistry or dental hygiene in one or | 572 |
more branches of the United States armed services that the United | 573 |
States government issued. | 574 |
(3) Evidence of one of the following, as applicable: | 575 |
(a) The applicant has maintained for at least ten years prior | 576 |
to retirement full licensure in good standing in any jurisdiction | 577 |
in the United States that licenses persons to practice dentistry | 578 |
or dental hygiene. | 579 |
(b) The applicant has practiced as a dentist or dental | 580 |
hygienist in good standing for at least ten years prior to | 581 |
retirement in one or more branches of the United States armed | 582 |
services. | 583 |
(D) The holder of a volunteer's certificate may provide | 584 |
dental services only to indigent and uninsured persons, but may do | 585 |
so at any location, including a free clinic. The holder shall not | 586 |
accept any form of remuneration for providing dental services | 587 |
while in possession of the certificate. Except in a dental | 588 |
emergency, the holder shall not perform any operation. The board | 589 |
may revoke a volunteer's certificate on receiving proof | 590 |
satisfactory to the board that the holder has engaged in practice | 591 |
in this state outside the scope of the holder's certificate or | 592 |
that there are grounds for action against the person under section | 593 |
4715.30 of the Revised Code. | 594 |
(E)(1) A volunteer's certificate shall be valid for a period | 595 |
of three years, and may be renewed upon the application of the | 596 |
holder, unless the certificate was previously revoked under | 597 |
division (D) of this section. The board shall maintain a register | 598 |
of all persons who hold volunteer's certificates. The board shall | 599 |
not charge a fee for issuing or renewing a certificate pursuant to | 600 |
this section. | 601 |
(2) To be eligible for renewal of a volunteer's certificate, | 602 |
the holder of the certificate shall certify to the board | 603 |
completion of sixty hours of continuing dental education that | 604 |
meets the requirements of section 4715.141 of the Revised Code and | 605 |
the rules adopted under that section, or completion of eighteen | 606 |
hours of continuing dental hygiene education that meets the | 607 |
requirements of section 4715.25 of the Revised Code and the rules | 608 |
adopted under that section, as the case may be. The board may not | 609 |
renew a certificate if the holder has not complied with the | 610 |
appropriate continuing education requirements. Any entity for | 611 |
which the holder provides dental services may pay for or reimburse | 612 |
the holder for any costs incurred in obtaining the required | 613 |
continuing education credits. | 614 |
(3) The board shall issue to each person who qualifies under | 615 |
this section for a volunteer's certificate a wallet certificate | 616 |
and a wall certificate that state that the certificate holder is | 617 |
authorized to provide dental services pursuant to the laws of this | 618 |
state. The holder shall keep the wallet certificate on the | 619 |
holder's person while providing dental services and shall display | 620 |
the wall certificate prominently at the location where the holder | 621 |
primarily practices. | 622 |
(4) The holder of a volunteer's certificate issued pursuant | 623 |
to this section is subject to the immunity provisions regarding | 624 |
the provision of services to indigent and uninsured persons in | 625 |
section 2305.234 of the Revised Code. | 626 |
(F) The board shall adopt rules in accordance with Chapter | 627 |
119. of the Revised Code to administer and enforce this section. | 628 |
(G) | 629 |
630 | |
the board's | 631 |
volunteer's certificate under this section, a description of the | 632 |
application process, and a list of all items that are required by | 633 |
division (C) of this section to be submitted with the application. | 634 |
Sec. 4723.26. (A)(1) As used in this section: | 635 |
(a) "Free clinic" has the same meaning as in section 3701.071 | 636 |
of the Revised Code. | 637 |
(b) "Indigent and uninsured person" and "operation" have the | 638 |
same meanings as in section 2305.234 of the Revised Code. | 639 |
(2) For the purposes of this section, a person shall be | 640 |
considered retired from practice if the person's license has | 641 |
expired with the intention of ceasing to practice nursing as a | 642 |
registered nurse, licensed practical nurse, or advanced practice | 643 |
registered nurse for remuneration. | 644 |
(B) Within thirty days after receiving an application for a | 645 |
volunteer's certificate, the board of nursing shall issue, without | 646 |
examination, a volunteer's certificate to a qualified person who | 647 |
is retired from practice so that the person may provide nursing | 648 |
services to indigent and uninsured persons at any location, | 649 |
including a free clinic. | 650 |
(C) Except as provided in division (D) of this section, an | 651 |
application for a volunteer's certificate shall include all of the | 652 |
following: | 653 |
(1) A copy of the applicant's degree from a school of | 654 |
registered nursing or practical nursing; | 655 |
(2) One of the following, as applicable: | 656 |
(a) A copy or other evidence of the applicant's most recent | 657 |
license to practice nursing as a registered nurse or licensed | 658 |
practical nurse issued by a jurisdiction in the United States that | 659 |
licenses persons to practice nursing as a registered nurse or | 660 |
licensed practical nurse; | 661 |
(b) A copy or other evidence of the applicant's most recent | 662 |
license equivalent to a license to practice nursing as a | 663 |
registered nurse or licensed practical nurse in one or more | 664 |
branches of the United States armed services that the United | 665 |
States government issued. | 666 |
(3) Evidence of one of the following, as applicable: | 667 |
(a) The applicant has maintained for at least ten years prior | 668 |
to retirement a valid, unrestricted license in any jurisdiction in | 669 |
the United States that licenses persons to practice nursing as a | 670 |
registered nurse, licensed practical nurse, or advanced practice | 671 |
registered nurse. | 672 |
(b) The applicant has practiced nursing as a registered | 673 |
nurse, licensed practical nurse, or advanced practice registered | 674 |
nurse under a valid, unrestricted license for at least ten years | 675 |
prior to retirement in one or more branches of the United States | 676 |
armed services. | 677 |
(D) For an applicant retired from practice for at least ten | 678 |
years, the applicant shall do both of the following: | 679 |
(1) Certify to the board completion of continuing nursing | 680 |
education that meets the requirements of section 4723.24 of the | 681 |
Revised Code and the rules adopted under that section; | 682 |
(2) Submit a request to the bureau of criminal identification | 683 |
and investigation for a criminal records check and check of | 684 |
federal bureau of investigation records pursuant to section | 685 |
4723.091 of the Revised Code. | 686 |
(E) The holder of a volunteer's certificate may provide | 687 |
nursing services only to indigent and uninsured persons, but may | 688 |
do so at any location, including a free clinic. The holder shall | 689 |
not accept any form of remuneration for providing nursing services | 690 |
while in possession of the certificate. The board may suspend or | 691 |
revoke a volunteer's certificate on receiving proof satisfactory | 692 |
to the board that the holder has engaged in practice in this state | 693 |
outside the scope of the holder's certificate or that there are | 694 |
grounds for action against the person under section 4723.28 of the | 695 |
Revised Code. In revoking a certificate, the board may specify | 696 |
that the revocation is permanent. | 697 |
(F)(1) A volunteer's certificate shall be valid for a period | 698 |
of two years, and may be renewed upon the application of the | 699 |
holder, unless the certificate is suspended or revoked under | 700 |
division (E) of this section. The board shall maintain a register | 701 |
of all persons who hold volunteer's certificates. The board shall | 702 |
not charge a fee for issuing or renewing a certificate pursuant to | 703 |
this section. | 704 |
(2) To be eligible for renewal of a volunteer's certificate, | 705 |
the holder of the certificate shall certify to the board | 706 |
completion of continuing nursing education that meets the | 707 |
requirements of section 4723.24 of the Revised Code and the rules | 708 |
adopted under that section. The board may not renew a certificate | 709 |
if the holder has not complied with the appropriate continuing | 710 |
education requirements. Any entity for which the holder provides | 711 |
nursing services may pay for or reimburse the holder for any costs | 712 |
incurred in obtaining the required continuing education hours. | 713 |
(3) The holder of a volunteer's certificate issued pursuant | 714 |
to this section is subject to the immunity provisions regarding | 715 |
the provision of services to indigent and uninsured persons in | 716 |
section 2305.234 of the Revised Code. | 717 |
(G) The board shall adopt rules in accordance with Chapter | 718 |
119. of the Revised Code to administer and enforce this section. | 719 |
Sec. 4723.271. (A) Upon request of the holder of a nursing | 720 |
license, volunteer's certificate, certificate of authority, | 721 |
dialysis technician certificate, medication aide certificate, or | 722 |
community health worker certificate issued under this chapter, the | 723 |
presentment of proper identification as prescribed in rules | 724 |
adopted by the board of nursing, and payment of the fee authorized | 725 |
under section 4723.08 of the Revised Code, the board of nursing | 726 |
shall provide to the requestor a replacement copy of a wall | 727 |
certificate suitable for framing. | 728 |
(B) Upon request of the holder of a nursing license, | 729 |
volunteer's certificate, certificate of authority, certificate to | 730 |
prescribe, dialysis technician certificate, medication aide | 731 |
certificate, or community health worker certificate issued under | 732 |
this chapter and payment of the fee authorized under section | 733 |
4723.08 of the Revised Code, the board shall verify to an agency | 734 |
of another jurisdiction or foreign country the fact that the | 735 |
person holds such nursing license, volunteer's certificate, | 736 |
certificate of authority, certificate to prescribe, dialysis | 737 |
technician certificate, medication aide certificate, or community | 738 |
health worker certificate. | 739 |
Sec. 4731.295. (A)(1) As used in this section | 740 |
(a) "Free clinic" has the same meaning as in section 3701.071 | 741 |
of the Revised Code. | 742 |
(b) "Indigent and uninsured person" and "operation" have the | 743 |
same meanings as in section 2305.234 of the Revised Code. | 744 |
(2) For the purposes of this section, a person shall be | 745 |
considered retired from practice if the person's license or | 746 |
certificate has expired with the person's intention of ceasing to | 747 |
practice medicine and surgery or osteopathic medicine and surgery | 748 |
for remuneration. | 749 |
(B) The state medical board may issue, without examination, a | 750 |
volunteer's certificate to a person who is retired from practice | 751 |
so that the person may provide medical services to indigent and | 752 |
uninsured persons at any location, including a free clinic. The | 753 |
board shall deny issuance of a volunteer's certificate to a person | 754 |
who is not qualified under this section to hold a volunteer's | 755 |
certificate. | 756 |
(C) An application for a volunteer's certificate shall | 757 |
include all of the following: | 758 |
(1) A copy of the applicant's degree of medicine or | 759 |
osteopathic medicine. | 760 |
(2) One of the following, as applicable: | 761 |
(a) A copy of the applicant's most recent license or | 762 |
certificate authorizing the practice of medicine and surgery or | 763 |
osteopathic medicine and surgery issued by a jurisdiction in the | 764 |
United States that licenses persons to practice medicine and | 765 |
surgery or osteopathic medicine and surgery. | 766 |
(b) A copy of the applicant's most recent license equivalent | 767 |
to a license to practice medicine and surgery or osteopathic | 768 |
medicine and surgery in one or more branches of the United States | 769 |
armed services that the United States government issued. | 770 |
(3) Evidence of one of the following, as applicable: | 771 |
(a) That the applicant has maintained for at least ten years | 772 |
prior to retirement full licensure in good standing in any | 773 |
jurisdiction in the United States that licenses persons to | 774 |
practice medicine and surgery or osteopathic medicine and surgery. | 775 |
(b) That the applicant has practiced for at least ten years | 776 |
prior to retirement in good standing as a doctor of medicine and | 777 |
surgery or osteopathic medicine and surgery in one or more of the | 778 |
branches of the United States armed services. | 779 |
(4) A notarized statement from the applicant, on a form | 780 |
prescribed by the board, that the applicant will not accept any | 781 |
form of remuneration for any medical services rendered while in | 782 |
possession of a volunteer's certificate. | 783 |
(D) The holder of a volunteer's certificate may provide | 784 |
medical services only to indigent and uninsured persons, but may | 785 |
do so at any location, including a free clinic. The holder shall | 786 |
not accept any form of remuneration for providing medical services | 787 |
while in possession of the certificate. Except in a medical | 788 |
emergency, the holder shall not perform any operation or deliver | 789 |
babies. The board may revoke a volunteer's certificate on | 790 |
receiving proof satisfactory to the board that the holder has | 791 |
engaged in practice in this state outside the scope of the | 792 |
certificate. | 793 |
(E)(1) A volunteer's certificate shall be valid for a period | 794 |
of three years, unless earlier revoked under division (D) of this | 795 |
section or pursuant to section 4731.22 of the Revised Code. A | 796 |
volunteer's certificate may be renewed upon the application of the | 797 |
holder. The board shall maintain a register of all persons who | 798 |
hold volunteer's certificates. The board shall not charge a fee | 799 |
for issuing or renewing a certificate pursuant to this section. | 800 |
(2) To be eligible for renewal of a volunteer's certificate | 801 |
the holder of the certificate shall certify to the board | 802 |
completion of one hundred fifty hours of continuing medical | 803 |
education that meets the requirements of section 4731.281 of the | 804 |
Revised Code regarding certification by private associations and | 805 |
approval by the board. The board may not renew a certificate if | 806 |
the holder has not complied with the continuing medical education | 807 |
requirements. Any entity for which the holder provides medical | 808 |
services may pay for or reimburse the holder for any costs | 809 |
incurred in obtaining the required continuing medical education | 810 |
credits. | 811 |
(3) The board shall issue to each person who qualifies under | 812 |
this section for a volunteer's certificate a wallet certificate | 813 |
and a wall certificate that state that the certificate holder is | 814 |
authorized to provide medical services pursuant to the laws of | 815 |
this state. The holder shall keep the wallet certificate on the | 816 |
holder's person while providing medical services and shall display | 817 |
the wall certificate prominently at the location where the holder | 818 |
primarily practices. | 819 |
(4) The holder of a volunteer's certificate issued pursuant | 820 |
to this section is subject to the immunity provisions regarding | 821 |
the provision of services to indigent and uninsured persons in | 822 |
section 2305.234 of the Revised Code. | 823 |
(F) The board shall adopt rules in accordance with Chapter | 824 |
119. of the Revised Code to administer and enforce this section. | 825 |
Section 2. That existing sections 2305.234, 3701.071, | 826 |
3702.71, 3702.74, 3702.76, 3702.85, 3702.87, 3702.91, 4715.42, | 827 |
4723.271, and 4731.295 of the Revised Code are hereby repealed. | 828 |