As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 585


Representative Clyde 

Cosponsors: Representatives Antonio, Ashford, Bishoff, Boyd, Carney, Celebrezze, Fedor, Foley, Gerberry, Hagan, R., Heard, Letson, O'Brien, Patterson, Phillips, Redfern, Reece, Sheehy, Slesnick, Stinziano, Ramos 

A BILL
To enact section 2919.194 of the Revised Code to 1
provide that a health care professional is not 2
subject to civil or criminal liability for failure 3
to comply with abortion-related requirements in 4
certain circumstances. 5


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

       Section 1. That section 2919.194 of the Revised Code be 6
enacted to read as follows:7

       Sec. 2919.194.  (A) As used in this section:8

       (1) "CMA (AAMA) credential" means the credential issued by 9
the American association of medical assistants that designates a 10
medical assistant who has achieved certification through the 11
certifying board of that association.12

       (2) "Health care professional" means any of the following:13

       (a) A physician authorized under Chapter 4731. of the Revised 14
Code to practice medicine and surgery or osteopathic medicine and 15
surgery;16

       (b) A registered nurse and a licensed practical nurse 17
licensed under Chapter 4723. of the Revised Code and an individual 18
who holds a certificate of authority issued under that chapter 19
that authorizes the practice of nursing as a certified registered 20
nurse anesthetist, clinical nurse specialist, certified 21
nurse-midwife, or certified nurse practitioner;22

       (c) A physician assistant authorized to practice under 23
Chapter 4730. of the Revised Code;24

       (d) A medical assistant who possesses, in current status, the 25
CMA (AAMA) credential.26

       (B) Notwithstanding the requirements of sections 2317.56, 27
2919.191, and 2919.192 of the Revised Code, no health care 28
professional shall be subject to a civil penalty or be liable in a 29
civil action for failing to comply with the requirements of 30
section 2317.56 or 2919.191 of the Revised Code or subject to a 31
criminal penalty for failing to comply with the requirements of 32
section 2919.192 of the Revised Code if in the health care 33
professional's good faith medical judgment compliance with the 34
requirements of section 2317.56, 2919.191, or 2919.192 of the 35
Revised Code would be inconsistent with accepted, evidence-based 36
medical practices and ethical standards. 37

       (C) Nothing in this section abrogates the professional 38
standard of care to which a health care professional is expected 39
to adhere.40