As Reported by the House Health and Aging Committee

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 320


Representative Young 

Cosponsors: Representatives Amstutz, Becker, Boose, Brenner, Buchy, Burkley, Derickson, Hood, Roegner, Thompson, Antonio, Bishoff, Brown, Hagan, R., Hill, Johnson, Lynch, Maag, Wachtmann, Schuring, Sears, Smith, Sprague, Barnes 



A BILL
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


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

       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
allboth of the following requirements:96

       (a) TheRelative to being indigent, the person's income is 97
not greater than two hundred per cent of the currentfederal98
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) The person is not eligible for the medicaid program or 105
any other governmental health care program.106

       (c) EitherRelative to being uninsured, one of the following 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

       (2)(3) "Nonprofit shelter or health care facility" means a 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) ProvideWhile providing primary care services for the 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. TheExcept as provided in 445
division (B) of this section, the designations shall be made by 446
rule and. The designations may apply to a geographic area, one or 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

       (A)(1) Tuition;477

       (B)(2) Other educational expenses, such as fees, books, and 478
laboratory expenses that are for purposes and in amounts 479
determined reasonable by the director of health;480

       (C)(3) Room and board, in an amount determined reasonable by 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. TheExcept as provided 486
in division (B) of this section, the designations shall be made by 487
rule and. The designations may apply to a geographic area, one or 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) ProvideWhile providing dental services for the minimum 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, "indigent546

       (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) Within ninety days after the effective date of this 629
amendment, theThe state dental board shall make available through 630
the board's websiteweb site the application form for a 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, "indigent: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