As Reported by the Senate Finance 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, Adams, R., Anielski, Beck, Blair, Blessing, Celebrezze, Conditt, Damschroder, DeVitis, Green, Grossman, Hackett, Hall, Henne, Letson, Mallory, McClain, Milkovich, Retherford, Romanchuk, Sheehy, Strahorn, Terhar 

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A BILL

To amend sections 2305.234, 3701.071, 3702.76,

1

3702.87, 4715.42, 4723.271, and 4731.295 and to

2

enact sections 5.252, 3701.072, and 4723.26 of the

3

Revised Code to require the Department of Health

4

to maintain information on its web site regarding

5

free clinics, to designate December as "Free

6

Clinic Appreciation Month," to require that all

7

free clinics be included in the state's loan

8

repayment programs for physicians and dentists, to

9

create a volunteer's certificate for retired

10

nurses, and to extend for a specified period

11

qualified immunity from civil liability for

12

certain volunteer health care services provided in

13

free clinics to individuals eligible for or

14

receiving Medicaid.

15

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

Section 1.  That sections 2305.234, 3701.071, 3702.76,	16
3702.87, 4715.42, 4723.271, and 4731.295 be amended and sections	17
5.252, 3701.072, and 4723.26 of the Revised Code be enacted to	18
read as follows:	19

Sec. 5.252.  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, occupational therapy assistants, and	57
athletic trainers licensed under Chapter 4755. of the Revised	58
Code;	59

(f) Chiropractors licensed under Chapter 4734. of the Revised	60
Code;	61

(g) Optometrists licensed under Chapter 4725. of the Revised	62
Code;	63

(h) Podiatrists authorized under Chapter 4731. of the Revised	64
Code to practice podiatry;	65

(i) Dietitians licensed under Chapter 4759. of the Revised	66
Code;	67

(j) Pharmacists licensed under Chapter 4729. of the Revised	68
Code;	69

(k) Emergency medical technicians-basic, emergency medical	70
technicians-intermediate, and emergency medical	71
technicians-paramedic, certified under Chapter 4765. of the	72
Revised Code;	73

(l) Respiratory care professionals licensed under Chapter	74
4761. of the Revised Code;	75

(m) Speech-language pathologists and audiologists licensed	76
under Chapter 4753. of the Revised Code;	77

(n) Licensed professional clinical counselors, licensed	78
professional counselors, independent social workers, social	79
workers, independent marriage and family therapists, and marriage	80
and family therapists, licensed under Chapter 4757. of the Revised	81
Code;	82

(o) Psychologists licensed under Chapter 4732. of the Revised	83
Code;	84

(p) Individuals licensed or certified under Chapter 4758. of	85
the Revised Code who are acting within the scope of their license	86
or certificate as members of the profession of chemical dependency	87
counseling or alcohol and other drug prevention services.	88

(6) "Health care worker" means a person other than a health	89
care professional who provides medical, dental, or other	90
health-related care or treatment under the direction of a health	91
care professional with the authority to direct that individual's	92
activities, including medical technicians, medical assistants,	93
dental assistants, orderlies, aides, and individuals acting in	94
similar capacities.	95

(7) "Indigent and uninsured person" means a person who meets	96
allboth of the following requirements:	97

(a) TheRelative to being indigent, the person's income is	98
not greater than two hundred per cent of the currentfederal	99
poverty line, as defined by the United States office of management	100
and budget and revised in accordance with section 673(2) of the	101
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	102
U.S.C. 9902, as amended, except in any case in which division	103
(A)(7)(b)(iii) of this section includes a person whose income is	104
greater than two hundred per cent of the federal poverty line.	105

(b) The person is not eligible for the medicaid program or	106
any other governmental health care program.	107

(c) EitherRelative to being uninsured, one of the following	108
applies:	109

(i) The person is not a policyholder, certificate holder,	110
insured, contract holder, subscriber, enrollee, member,	111
beneficiary, or other covered individual under a health insurance	112
or health care policy, contract, or plan.	113

(ii) The person is a policyholder, certificate holder,	114
insured, contract holder, subscriber, enrollee, member,	115
beneficiary, or other covered individual under a health insurance	116
or health care policy, contract, or plan, but the insurer, policy,	117
contract, or plan denies coverage or is the subject of insolvency	118
or bankruptcy proceedings in any jurisdiction.	119

(iii) Until June 30, 2019, the person is eligible for the	120
medicaid program or is a medicaid recipient.	121

(iv) Except as provided in division (A)(7)(b)(iii) of this	122
section, the person is not eligible for or a recipient, enrollee,	123
or beneficiary of any governmental health care program.	124

(8) "Nonprofit health care referral organization" means an	125
entity that is not operated for profit and refers patients to, or	126
arranges for the provision of, health-related diagnosis, care, or	127
treatment by a health care professional or health care worker.	128

(9) "Operation" means any procedure that involves cutting or	129
otherwise infiltrating human tissue by mechanical means, including	130
surgery, laser surgery, ionizing radiation, therapeutic	131
ultrasound, or the removal of intraocular foreign bodies.	132
"Operation" does not include the administration of medication by	133
injection, unless the injection is administered in conjunction	134
with a procedure infiltrating human tissue by mechanical means	135
other than the administration of medicine by injection.	136
"Operation" does not include routine dental restorative	137
procedures, the scaling of teeth, or extractions of teeth that are	138
not impacted.	139

(10) "Tort action" means a civil action for damages for	140
injury, death, or loss to person or property other than a civil	141
action for damages for a breach of contract or another agreement	142
between persons or government entities.	143

(11) "Volunteer" means an individual who provides any	144
medical, dental, or other health-care related diagnosis, care, or	145
treatment without the expectation of receiving and without receipt	146
of any compensation or other form of remuneration from an indigent	147
and uninsured person, another person on behalf of an indigent and	148
uninsured person, any health care facility or location, any	149
nonprofit health care referral organization, or any other person	150
or government entity.	151

(12) "Community control sanction" has the same meaning as in	152
section 2929.01 of the Revised Code.	153

(13) "Deep sedation" means a drug-induced depression of	154
consciousness during which a patient cannot be easily aroused but	155
responds purposefully following repeated or painful stimulation, a	156
patient's ability to independently maintain ventilatory function	157
may be impaired, a patient may require assistance in maintaining a	158
patent airway and spontaneous ventilation may be inadequate, and	159
cardiovascular function is usually maintained.	160

(14) "General anesthesia" means a drug-induced loss of	161
consciousness during which a patient is not arousable, even by	162
painful stimulation, the ability to independently maintain	163
ventilatory function is often impaired, a patient often requires	164
assistance in maintaining a patent airway, positive pressure	165
ventilation may be required because of depressed spontaneous	166
ventilation or drug-induced depression of neuromuscular function,	167
and cardiovascular function may be impaired.	168

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	169
health care professional who is a volunteer and complies with	170
division (B)(2) of this section is not liable in damages to any	171
person or government entity in a tort or other civil action,	172
including an action on a medical, dental, chiropractic,	173
optometric, or other health-related claim, for injury, death, or	174
loss to person or property that allegedly arises from an action or	175
omission of the volunteer in the provision to an indigent and	176
uninsured person of medical, dental, or other health-related	177
diagnosis, care, or treatment, including the provision of samples	178
of medicine and other medical products, unless the action or	179
omission constitutes willful or wanton misconduct.	180

(2) To qualify for the immunity described in division (B)(1)	181
of this section, a health care professional shall do all of the	182
following prior to providing diagnosis, care, or treatment:	183

(a) Determine, in good faith, that the indigent and uninsured	184
person is mentally capable of giving informed consent to the	185
provision of the diagnosis, care, or treatment and is not subject	186
to duress or under undue influence;	187

(b) Inform the person of the provisions of this section,	188
including notifying the person that, by giving informed consent to	189
the provision of the diagnosis, care, or treatment, the person	190
cannot hold the health care professional liable for damages in a	191
tort or other civil action, including an action on a medical,	192
dental, chiropractic, optometric, or other health-related claim,	193
unless the action or omission of the health care professional	194
constitutes willful or wanton misconduct;	195

(c) Obtain the informed consent of the person and a written	196
waiver, signed by the person or by another individual on behalf of	197
and in the presence of the person, that states that the person is	198
mentally competent to give informed consent and, without being	199
subject to duress or under undue influence, gives informed consent	200
to the provision of the diagnosis, care, or treatment subject to	201
the provisions of this section. A written waiver under division	202
(B)(2)(c) of this section shall state clearly and in conspicuous	203
type that the person or other individual who signs the waiver is	204
signing it with full knowledge that, by giving informed consent to	205
the provision of the diagnosis, care, or treatment, the person	206
cannot bring a tort or other civil action, including an action on	207
a medical, dental, chiropractic, optometric, or other	208
health-related claim, against the health care professional unless	209
the action or omission of the health care professional constitutes	210
willful or wanton misconduct.	211

(3) A physician or podiatrist who is not covered by medical	212
malpractice insurance, but complies with division (B)(2) of this	213
section, is not required to comply with division (A) of section	214
4731.143 of the Revised Code.	215

(C) Subject to divisions (F) and (G)(3) of this section,	216
health care workers who are volunteers are not liable in damages	217
to any person or government entity in a tort or other civil	218
action, including an action upon a medical, dental, chiropractic,	219
optometric, or other health-related claim, for injury, death, or	220
loss to person or property that allegedly arises from an action or	221
omission of the health care worker in the provision to an indigent	222
and uninsured person of medical, dental, or other health-related	223
diagnosis, care, or treatment, unless the action or omission	224
constitutes willful or wanton misconduct.	225

(D) Subject to divisions (F) and (G)(3) of this section, a	226
nonprofit health care referral organization is not liable in	227
damages to any person or government entity in a tort or other	228
civil action, including an action on a medical, dental,	229
chiropractic, optometric, or other health-related claim, for	230
injury, death, or loss to person or property that allegedly arises	231
from an action or omission of the nonprofit health care referral	232
organization in referring indigent and uninsured persons to, or	233
arranging for the provision of, medical, dental, or other	234
health-related diagnosis, care, or treatment by a health care	235
professional described in division (B)(1) of this section or a	236
health care worker described in division (C) of this section,	237
unless the action or omission constitutes willful or wanton	238
misconduct.	239

(E) Subject to divisions (F) and (G)(3) of this section and	240
to the extent that the registration requirements of section	241
3701.071 of the Revised Code apply, a health care facility or	242
location associated with a health care professional described in	243
division (B)(1) of this section, a health care worker described in	244
division (C) of this section, or a nonprofit health care referral	245
organization described in division (D) of this section is not	246
liable in damages to any person or government entity in a tort or	247
other civil action, including an action on a medical, dental,	248
chiropractic, optometric, or other health-related claim, for	249
injury, death, or loss to person or property that allegedly arises	250
from an action or omission of the health care professional or	251
worker or nonprofit health care referral organization relative to	252
the medical, dental, or other health-related diagnosis, care, or	253
treatment provided to an indigent and uninsured person on behalf	254
of or at the health care facility or location, unless the action	255
or omission constitutes willful or wanton misconduct.	256

(F)(1) Except as provided in division (F)(2) of this section,	257
the immunities provided by divisions (B), (C), (D), and (E) of	258
this section are not available to a health care professional,	259
health care worker, nonprofit health care referral organization,	260
or health care facility or location if, at the time of an alleged	261
injury, death, or loss to person or property, the health care	262
professionals or health care workers involved are providing one of	263
the following:	264

(a) Any medical, dental, or other health-related diagnosis,	265
care, or treatment pursuant to a community service work order	266
entered by a court under division (B) of section 2951.02 of the	267
Revised Code or imposed by a court as a community control	268
sanction;	269

(b) Performance of an operation to which any one of the	270
following applies:	271

(i) The operation requires the administration of deep	272
sedation or general anesthesia.	273

(ii) The operation is a procedure that is not typically	274
performed in an office.	275

(iii) The individual involved is a health care professional,	276
and the operation is beyond the scope of practice or the	277
education, training, and competence, as applicable, of the health	278
care professional.	279

(c) Delivery of a baby or any other purposeful termination of	280
a human pregnancy.	281

(2) Division (F)(1) of this section does not apply when a	282
health care professional or health care worker provides medical,	283
dental, or other health-related diagnosis, care, or treatment that	284
is necessary to preserve the life of a person in a medical	285
emergency.	286

(G)(1) This section does not create a new cause of action or	287
substantive legal right against a health care professional, health	288
care worker, nonprofit health care referral organization, or	289
health care facility or location.	290

(2) This section does not affect any immunities from civil	291
liability or defenses established by another section of the	292
Revised Code or available at common law to which a health care	293
professional, health care worker, nonprofit health care referral	294
organization, or health care facility or location may be entitled	295
in connection with the provision of emergency or other medical,	296
dental, or other health-related diagnosis, care, or treatment.	297

(3) This section does not grant an immunity from tort or	298
other civil liability to a health care professional, health care	299
worker, nonprofit health care referral organization, or health	300
care facility or location for actions that are outside the scope	301
of authority of health care professionals or health care workers.	302

In the case of the diagnosis, care, or treatment of an	303
indigent and uninsured person who is eligible for the medicaid	304
program or is a medicaid recipient, this section grants an	305
immunity from tort or other civil liability only if the person's	306
diagnosis, care, or treatment is provided in a free clinic, as	307
defined in section 3701.071 of the Revised Code.	308

(4) This section does not affect any legal responsibility of	309
a health care professional, health care worker, or nonprofit	310
health care referral organization to comply with any applicable	311
law of this state or rule of an agency of this state.	312

(5) This section does not affect any legal responsibility of	313
a health care facility or location to comply with any applicable	314
law of this state, rule of an agency of this state, or local code,	315
ordinance, or regulation that pertains to or regulates building,	316
housing, air pollution, water pollution, sanitation, health, fire,	317
zoning, or safety.	318

Sec. 3701.071.  (A) As used in this section:

319

(1) "Free clinic" means a nonprofit organization exempt from	320
federal income taxation under section 501(c)(3) of the "Internal	321
Revenue Code of 1986," as amended, or a program component of a	322
nonprofit organization, to which both of the following apply:	323

(a) Its primary mission is to provide health care services	324
for free or for a minimal administrative fee to individuals with	325
limited resources.	326

(b) It facilitates the delivery of health care services	327
through the use of volunteer health care professionals and	328
voluntary care networks.	329

(2) "Indigent and uninsured person" has the same meaning as	330
in section 2305.234 of the Revised Code.	331

(2)(3) "Nonprofit shelter or health care facility" means a	332
charitable nonprofit corporation organized and operated pursuant	333
to Chapter 1702. of the Revised Code, or any charitable	334
organization not organized and not operated for profit, that	335
provides shelter, health care services, or shelter and health care	336
services to indigent and uninsured persons. "Nonprofit shelter or	337
health care facility" includes any such shelter or facility that	338
is operated as or includes a free clinic. "Nonprofit shelter or	339
health care facility" does not include a hospital, as defined in	340
section 3727.01 of the Revised Code, a facility licensed under	341
Chapter 3721. of the Revised Code, or a medical facility that is	342
operated for profit.	343

(B) A nonprofit shelter or health care facility operating in	344
this state shall register on the first day of January each year	345
with the department of health. The immunity provided by division	346
(E) of section 2305.234 of the Revised Code is not available to a	347
nonprofit shelter or health care facility until the shelter or	348
facility registers with the department in accordance with this	349
section.	350

(C) A nonprofit shelter or health care facility operating in	351
this state shall keep records of all patients who receive medical,	352
dental, or other health-related diagnosis, care, or treatment at	353
the shelter or facility. The department of health shall monitor	354
the quality of care provided to patients at nonprofit shelters or	355
health care facilities. The monitoring program may be conducted by	356
contracting with another entity or through any other method	357
authorized by law. The department may solicit and accept funds	358
from private sources to fund the monitoring program.	359

(D) A free clinic operating in this state shall compile	360
information on medicaid eligibility and application requirements	361
and procedures and display copies of that information in a	362
prominent location for the benefit of persons who seek or receive	363
services from the clinic.	364

Sec. 3701.072.  (A) As used in this section, "free clinic"	365
has the same meaning as in section 3701.071 of the Revised Code.	366

(B) The department of health, on its internet web site, shall	367
make information available regarding free clinics. The information	368
shall include all of the following:	369

(1) A description of what constitutes a free clinic;

370

(2) The benefits that free clinics provide to the state's	371
health care system, including the services they make available to	372
both patients and health care providers;	373

(3) A directory of free clinics, including for each clinic	374
its address and contact information and its hours of operation;	375

(4) A notice each time that a new free clinic is opened.

376

(C) Each year, the department shall promote the designation	377
under section 5.252 of the Revised Code of December as "Free	378
Clinic Appreciation Month." The promotion shall include the	379
selection of a free clinic to be named as "free clinic of the	380
year" and the selection of a physician, nurse, and dentist to be	381
named as "free clinic volunteer of the year" in the respective	382
professions.	383

In conducting its promotion activities, the department may	384
consult with entities that have interests in the services provided	385
by and the benefits of free clinics, including the Ohio	386
association of free clinics.	387

Sec. 3702.76. (A) The director of health shall designate, as	388
health resource shortage areas, areas in this state that	389
experience special health problems and physician practice patterns	390
that limit access to medical care. TheExcept as provided in	391
division (B) of this section, the designations shall be made by	392
rule and. The designations may apply to a geographic area, one or	393
more facilities within a particular area, or a population group	394
within a particular area. The director shall consider for	395
designation as a health resource shortage area, any area in this	396
state that has been designated by the United States secretary of	397
health and human services as a health manpower shortage area under	398
Title III of the "Public Health Service Act," 58 Stat. 682 (1944),	399
42 U.S.C.A. 201, as amended.	400

(B) As used in this division, "free clinic" has the same	401
meaning as in section 3701.071 of the Revised Code.	402

The director shall designate each free clinic as a health	403
resource shortage area, regardless of whether the clinic is	404
located in a geographic area that is designated as a health	405
resource shortage area.	406

Sec. 3702.87. (A) The director of health shall designate, as	407
dental health resource shortage areas, areas in this state that	408
experience special dental health problems and dentist practice	409
patterns that limit access to dental care. TheExcept as provided	410
in division (B) of this section, the designations shall be made by	411
rule and. The designations may apply to a geographic area, one or	412
more facilities within a particular area, or a population group	413
within a particular area. The director shall consider for	414
designation as a dental health resource shortage area, any area in	415
this state that has been designated by the United States secretary	416
of health and human services as a health professional shortage	417
area under Title III of the "Public Health Service Act," 58 Stat.	418
682 (1944), 42 U.S.C. 201, as amended.	419

(B) As used in this division, "free clinic" has the same	420
meaning as in section 3701.071 of the Revised Code.	421

The director shall designate each free clinic as a dental	422
health resource shortage area, regardless of whether the clinic is	423
located in a geographic area that is designated as a dental health	424
resource shortage area.	425

Sec. 4715.42.  (A)(1) As used in this section, "indigent

426

(a) "Free clinic" has the same meaning as in section 3701.071	427
of the Revised Code.	428

(b) "Indigent and uninsured person" and "operation" have the	429
same meanings as in section 2305.234 of the Revised Code.	430

(2) For the purposes of this section, a person shall be	431
considered retired from practice if the person's license has been	432
surrendered or allowed to expire with the intention of ceasing to	433
practice as a dentist or dental hygienist for remuneration.	434

(B) Within thirty days after receiving an application for a	435
volunteer's certificate that includes all of the items listed in	436
divisions (C)(1), (2), and (3) of this section, the state dental	437
board shall issue, without examination, a volunteer's certificate	438
to a person who is retired from practice so that the person may	439
provide dental services to indigent and uninsured persons at any	440
location, including a free clinic.	441

(C) An application for a volunteer's certificate shall	442
include all of the following:	443

(1) A copy of the applicant's degree from dental college or	444
dental hygiene school.	445

(2) One of the following, as applicable:

446

(a) A copy of the applicant's most recent license to practice	447
dentistry or dental hygiene issued by a jurisdiction in the United	448
States that licenses persons to practice dentistry or dental	449
hygiene.	450

(b) A copy of the applicant's most recent license equivalent	451
to a license to practice dentistry or dental hygiene in one or	452
more branches of the United States armed services that the United	453
States government issued.	454

(3) Evidence of one of the following, as applicable:

455

(a) The applicant has maintained for at least ten years prior	456
to retirement full licensure in good standing in any jurisdiction	457
in the United States that licenses persons to practice dentistry	458
or dental hygiene.	459

(b) The applicant has practiced as a dentist or dental	460
hygienist in good standing for at least ten years prior to	461
retirement in one or more branches of the United States armed	462
services.	463

(D) The holder of a volunteer's certificate may provide	464
dental services only to indigent and uninsured persons, but may do	465
so at any location, including a free clinic. The holder shall not	466
accept any form of remuneration for providing dental services	467
while in possession of the certificate. Except in a dental	468
emergency, the holder shall not perform any operation. The board	469
may revoke a volunteer's certificate on receiving proof	470
satisfactory to the board that the holder has engaged in practice	471
in this state outside the scope of the holder's certificate or	472
that there are grounds for action against the person under section	473
4715.30 of the Revised Code.	474

(E)(1) A volunteer's certificate shall be valid for a period	475
of three years, and may be renewed upon the application of the	476
holder, unless the certificate was previously revoked under	477
division (D) of this section. The board shall maintain a register	478
of all persons who hold volunteer's certificates. The board shall	479
not charge a fee for issuing or renewing a certificate pursuant to	480
this section.	481

(2) To be eligible for renewal of a volunteer's certificate,	482
the holder of the certificate shall certify to the board	483
completion of sixty hours of continuing dental education that	484
meets the requirements of section 4715.141 of the Revised Code and	485
the rules adopted under that section, or completion of eighteen	486
hours of continuing dental hygiene education that meets the	487
requirements of section 4715.25 of the Revised Code and the rules	488
adopted under that section, as the case may be. The board may not	489
renew a certificate if the holder has not complied with the	490
appropriate continuing education requirements. Any entity for	491
which the holder provides dental services may pay for or reimburse	492
the holder for any costs incurred in obtaining the required	493
continuing education credits.	494

(3) The board shall issue to each person who qualifies under	495
this section for a volunteer's certificate a wallet certificate	496
and a wall certificate that state that the certificate holder is	497
authorized to provide dental services pursuant to the laws of this	498
state. The holder shall keep the wallet certificate on the	499
holder's person while providing dental services and shall display	500
the wall certificate prominently at the location where the holder	501
primarily practices.	502

(4) The holder of a volunteer's certificate issued pursuant	503
to this section is subject to the immunity provisions regarding	504
the provision of services to indigent and uninsured persons in	505
section 2305.234 of the Revised Code.	506

(F) The board shall adopt rules in accordance with Chapter	507
119. of the Revised Code to administer and enforce this section.	508

(G) Within ninety days after the effective date of this	509
amendment, theThe state dental board shall make available through	510
the board's websiteweb site the application form for a	511
volunteer's certificate under this section, a description of the	512
application process, and a list of all items that are required by	513
division (C) of this section to be submitted with the application.	514

Sec. 4723.26.  (A)(1) As used in this section:

515

(a) "Free clinic" has the same meaning as in section 3701.071	516
of the Revised Code.	517

(b) "Indigent and uninsured person" and "operation" have the	518
same meanings as in section 2305.234 of the Revised Code.	519

(2) For the purposes of this section, a person shall be	520
considered retired from practice if the person's license has	521
expired with the intention of ceasing to practice nursing as a	522
registered nurse, licensed practical nurse, or advanced practice	523
registered nurse for remuneration.	524

(B) The board of nursing may issue, without examination, a	525
volunteer's certificate to a qualified person who is retired from	526
practice so that the person may provide nursing services to	527
indigent and uninsured persons at any location, including a free	528
clinic.	529

(C) Except as provided in division (D) of this section, an	530
application for a volunteer's certificate shall include all of the	531
following:	532

(1) A copy or other evidence of the applicant's degree from a	533
school of registered nursing, practical nursing, or advanced	534
practice registered nursing;	535

(2) One of the following, as applicable:

536

(a) A copy or other evidence of the applicant's most recent	537
license to practice nursing as a registered nurse, licensed	538
practical nurse, or advanced practice registered nurse issued by a	539
jurisdiction in the United States that licenses persons to	540
practice nursing as a registered nurse, licensed practical nurse,	541
or advanced practice registered nurse;	542

(b) A copy or other evidence of the applicant's most recent	543
license equivalent to a license to practice nursing as a	544
registered nurse, licensed practical nurse, or advanced practice	545
registered nurse in one or more branches of the United States	546
armed services that the United States government issued.	547

(3) Evidence of one of the following, as applicable:

548

(a) The applicant has maintained for at least ten years prior	549
to retirement a valid, unrestricted license in any jurisdiction in	550
the United States that licenses persons to practice nursing as a	551
registered nurse, licensed practical nurse, or advanced practice	552
registered nurse.	553

(b) The applicant has practiced nursing as a registered	554
nurse, licensed practical nurse, or advanced practice registered	555
nurse under a valid, unrestricted license for at least ten years	556
prior to retirement in one or more branches of the United States	557
armed services.	558

(D) For an applicant retired from practice for at least ten	559
years, the applicant shall do both of the following:	560

(1) Certify to the board completion of continuing nursing	561
education that meets the requirements of section 4723.24 of the	562
Revised Code and the rules adopted under that section;	563

(2) Submit a request to the bureau of criminal identification	564
and investigation for a criminal records check and check of	565
federal bureau of investigation records pursuant to section	566
4723.091 of the Revised Code.	567

(E) The holder of a volunteer's certificate may provide	568
nursing services only to indigent and uninsured persons, but may	569
do so at any location, including a free clinic. The holder shall	570
not accept any form of remuneration for providing nursing services	571
while in possession of the certificate. The board may suspend or	572
revoke a volunteer's certificate on receiving proof satisfactory	573
to the board that the holder has engaged in practice in this state	574
outside the scope of the holder's certificate or that there are	575
grounds for action against the person under section 4723.28 of the	576
Revised Code. In revoking a certificate, the board may specify	577
that the revocation is permanent.	578

(F)(1) A volunteer's certificate shall be valid for a period	579
of two years, and may be renewed upon the application of the	580
holder, unless the certificate is suspended or revoked under	581
division (E) of this section. The board shall maintain a record of	582
all persons who hold volunteer's certificates. The board shall not	583
charge a fee for issuing or renewing a certificate pursuant to	584
this section.	585

(2) To be eligible for renewal of a volunteer's certificate,	586
the holder of the certificate shall certify to the board	587
completion of continuing nursing education that meets the	588
requirements of section 4723.24 of the Revised Code and the rules	589
adopted under that section. The board may not renew a certificate	590
if the holder has not complied with the appropriate continuing	591
education requirements. Any entity for which the holder provides	592
nursing services may pay for or reimburse the holder for any costs	593
incurred in obtaining the required continuing education hours.	594

(3) The holder of a volunteer's certificate issued pursuant	595
to this section is subject to the immunity provisions regarding	596
the provision of services to indigent and uninsured persons in	597
section 2305.234 of the Revised Code.	598

(G) The board shall adopt rules in accordance with Chapter	599
119. of the Revised Code to administer and enforce this section.	600

Sec. 4723.271.  (A) Upon request of the holder of a nursing	601
license, certificate of authority, dialysis technician	602
certificate, medication aide certificate, or community health	603
worker certificate issued under this chapter, the presentment of	604
proper identification as prescribed in rules adopted by the board	605
of nursing, and payment of the fee authorized under section	606
4723.08 of the Revised Code, the board of nursing shall provide to	607
the requestor a replacement copy of a wall certificate suitable	608
for framing.	609

(B) Upon request of the holder of a nursing license,	610
volunteer's certificate, certificate of authority, certificate to	611
prescribe, dialysis technician certificate, medication aide	612
certificate, or community health worker certificate issued under	613
this chapter and payment of the fee authorized under section	614
4723.08 of the Revised Code, the board shall verify to an agency	615
of another jurisdiction or foreign country the fact that the	616
person holds such nursing license, volunteer's certificate,	617
certificate of authority, certificate to prescribe, dialysis	618
technician certificate, medication aide certificate, or community	619
health worker certificate.	620

Sec. 4731.295.  (A)(1) As used in this section, "indigent:

621

(a) "Free clinic" has the same meaning as in section 3701.071	622
of the Revised Code.	623

(b) "Indigent and uninsured person" and "operation" have the	624
same meanings as in section 2305.234 of the Revised Code.	625

(2) For the purposes of this section, a person shall be	626
considered retired from practice if the person's license or	627
certificate has expired with the person's intention of ceasing to	628
practice medicine and surgery or osteopathic medicine and surgery	629
for remuneration.	630

(B) The state medical board may issue, without examination, a	631
volunteer's certificate to a person who is retired from practice	632
so that the person may provide medical services to indigent and	633
uninsured persons at any location, including a free clinic. The	634
board shall deny issuance of a volunteer's certificate to a person	635
who is not qualified under this section to hold a volunteer's	636
certificate.	637

(C) An application for a volunteer's certificate shall	638
include all of the following:	639

(1) A copy of the applicant's degree of medicine or	640
osteopathic medicine.	641

(2) One of the following, as applicable:

642

(a) A copy of the applicant's most recent license or	643
certificate authorizing the practice of medicine and surgery or	644
osteopathic medicine and surgery issued by a jurisdiction in the	645
United States that licenses persons to practice medicine and	646
surgery or osteopathic medicine and surgery.	647

(b) A copy of the applicant's most recent license equivalent	648
to a license to practice medicine and surgery or osteopathic	649
medicine and surgery in one or more branches of the United States	650
armed services that the United States government issued.	651

(3) Evidence of one of the following, as applicable:

652

(a) That the applicant has maintained for at least ten years	653
prior to retirement full licensure in good standing in any	654
jurisdiction in the United States that licenses persons to	655
practice medicine and surgery or osteopathic medicine and surgery.	656

(b) That the applicant has practiced for at least ten years	657
prior to retirement in good standing as a doctor of medicine and	658
surgery or osteopathic medicine and surgery in one or more of the	659
branches of the United States armed services.	660

(4) A notarized statement from the applicant, on a form	661
prescribed by the board, that the applicant will not accept any	662
form of remuneration for any medical services rendered while in	663
possession of a volunteer's certificate.	664

(D) The holder of a volunteer's certificate may provide	665
medical services only to indigent and uninsured persons, but may	666
do so at any location, including a free clinic. The holder shall	667
not accept any form of remuneration for providing medical services	668
while in possession of the certificate. Except in a medical	669
emergency, the holder shall not perform any operation or deliver	670
babies. The board may revoke a volunteer's certificate on	671
receiving proof satisfactory to the board that the holder has	672
engaged in practice in this state outside the scope of the	673
certificate.	674

(E)(1) A volunteer's certificate shall be valid for a period	675
of three years, unless earlier revoked under division (D) of this	676
section or pursuant to section 4731.22 of the Revised Code. A	677
volunteer's certificate may be renewed upon the application of the	678
holder. The board shall maintain a register of all persons who	679
hold volunteer's certificates. The board shall not charge a fee	680
for issuing or renewing a certificate pursuant to this section.	681

(2) To be eligible for renewal of a volunteer's certificate	682
the holder of the certificate shall certify to the board	683
completion of one hundred fifty hours of continuing medical	684
education that meets the requirements of section 4731.281 of the	685
Revised Code regarding certification by private associations and	686
approval by the board. The board may not renew a certificate if	687
the holder has not complied with the continuing medical education	688
requirements. Any entity for which the holder provides medical	689
services may pay for or reimburse the holder for any costs	690
incurred in obtaining the required continuing medical education	691
credits.	692

(3) The board shall issue to each person who qualifies under	693
this section for a volunteer's certificate a wallet certificate	694
and a wall certificate that state that the certificate holder is	695
authorized to provide medical services pursuant to the laws of	696
this state. The holder shall keep the wallet certificate on the	697
holder's person while providing medical services and shall display	698
the wall certificate prominently at the location where the holder	699
primarily practices.	700

(4) The holder of a volunteer's certificate issued pursuant	701
to this section is subject to the immunity provisions regarding	702
the provision of services to indigent and uninsured persons in	703
section 2305.234 of the Revised Code.	704

(F) The board shall adopt rules in accordance with Chapter	705
119. of the Revised Code to administer and enforce this section.	706

Section 2.  That existing sections 2305.234, 3701.071,	707
3702.76, 3702.87, 4715.42, 4723.271, and 4731.295 of the Revised	708
Code are hereby repealed.	709