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The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
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As Reported by the House Civil and Commercial Law Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 612 |
REPRESENTATIVES METZGER-SCHULER-SALERNO-CAREY-TIBERI-BRADING-
DAMSCHRODER-JONES-PADGETT-HOOD-HARRIS-WILLAMOWSKI-TERWILLEGER-
KREBS-HAINES-COUGHLIN-VESPER-SULZER-VAN VYVEN-BUCHY-KASPUTIS
A BILL
To amend section 2305.231 of the Revised Code to exempt dentists who volunteer
as school athletic team dentists and provide emergency
dental care or first
aid treatment to
participants in school athletic events from civil liability
unless
their actions constitute willful or wanton
misconduct.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2305.231 of the Revised Code be amended to read as
follows:
Sec. 2305.231. (A) As used in this section:
(1) "DENTIST" MEANS A PERSON WHO IS LICENSED UNDER CHAPTER
4715.
of the Revised Code TO PRACTICE DENTISTRY.
(2) "Medical practitioner PHYSICIAN" means a person
who is licensed
or certificated HOLDS A CERTIFICATE ISSUED by the state medical
board to practice medicine
or AND surgery, to practice osteopathic medicine
or AND surgery, or to
practice podiatry PODIATRIC MEDICINE AND SURGERY.
(2)(3) "Registered nurse" means a nurse who is
certificated LICENSED as a registered nurse under Chapter 4723.
of the Revised Code.
(B) No medical practitioner PHYSICIAN who volunteers
his THE PHYSICIAN'S services as
a team physician or team podiatrist to a school's athletics
program, NO DENTIST WHO VOLUNTEERS THE DENTIST'S SERVICES AS A TEAM DENTIST
TO A SCHOOL'S ATHLETICS PROGRAM, and no registered nurse who
volunteers his THE REGISTERED
NURSE'S services as a
team nurse to a school's athletics program, is liable in damages
in a civil action for administering emergency medical care, EMERGENCY
DENTAL CARE, other
emergency professional care, or first aid treatment to a
participant in an athletic event involving the school, at the
scene of the event or while the participant is being transported
to a hospital, physician's OR DENTIST'S office, or other medical
OR DENTAL facility, or
for acts performed in administering the care or treatment, unless
the acts of the medical practitioner PHYSICIAN, DENTIST,
or
registered nurse
constitute willful or wanton misconduct.
(C) This section does not apply if the administration of
emergency medical care, EMERGENCY DENTAL CARE, other emergency
professional care, or
first aid treatment, is rendered for remuneration, or with the
expectation of remuneration, from the recipient of the care or
treatment or from someone on his THE RECIPIENT'S behalf.
Section 2. That existing section 2305.231 of the Revised Code is hereby
repealed.
Section 3. The qualified immunity from civil liability
afforded to team dentists by this act shall apply only in
connection with team dentists who administer emergency dental
care or first aid treatment under the circumstances described in
division (B) of section 2305.231 of the Revised Code on or after
the effective date of this act. The civil liability, or the
immunity from or defenses to civil liability, of team dentists
who administered emergency dental care or first aid treatment
prior to the effective date of this act under the circumstances
described in division (B) of section 2305.231 of the Revised
Code shall be determined in accordance with the statutory and
common law of this state, including, but not limited, to section
2305.23 of the Revised Code, as that law existed prior to the
effective date of this act and as if the qualified immunity from
civil liability afforded to team dentists by the this act had
not been enacted.
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