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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. 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-
LUCAS-TAYLOR-STAPLETON-GRENDELL-OLMAN-THOMAS-MYERS-BATEMAN-
CORBIN-WOMER BENJAMIN-WILLIAMS-O'BRIEN-WINKLER-REID-ROMAN-
CATES-ALLEN-JOHNSON-HOUSEHOLDER-BRITTON-METELSKY-BOYD-KRUPINSKI-
SENATORS CUPP-LATTA-OELSLAGER-WATTS-CARNES-HERINGTON-
B. JOHNSON-DRAKE
A BILL
To amend section 2305.231 of the Revised Code
and to amend Sections 2, 3, and 5 of Am. Sub. H.B. 218 of the 121st
General Assembly, as subsequently amended,
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,
to delay until November 15, 2000, the repeal of the laws that establish
qualified immunity from civil
liability for health care providers who provide free
health care services to indigent and uninsured persons, to repeal
the duty of the Department of Health to commence a survey May
15, 1998, to measure specified health care services provided
pursuant to that qualified immunity, to require the Department
of Health to survey nonprofit shelters and health care
facilities to measure health care services provided pursuant to
that qualified immunity and grievances related to the provision
of those health care services, and to declare an emergency.
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 this act had
not been enacted.
Section 4. That Sections 2, 3, and 5 of Am. Sub. H.B. 218 of the 121st General
Assembly, as amended by Am. Sub. S.B. 259 of the 121st General
Assembly, be amended to read as follows:
"Sec. 2. Sections 2305.234, 3701.071, and 4731.295 of the Revised Code are
hereby repealed, effective November 15, 1998 2000.
Sec. 3. A volunteer's certificate the State Medical Board has issued
pursuant to section 4731.295 of the Revised Code shall automatically terminate
on November 15, 1998 2000.
Sec. 5. (A) As used in this section, "health care professional," "health
care worker," "indigent and uninsured person," "nonprofit
shelter or health care facility," and "volunteer" have the same
meanings as in section 2305.234 of the Revised Code.
(B) The Department of Health shall conduct surveys A SURVEY of
health care
professionals, health care workers, nonprofit shelters or health
care facilities, and indigent and uninsured persons who receive
services at the shelters or facilities for the following purposes:
(1) To determine whether there has been any increase in
the number of health
care professionals and workers who provide medical, dental, or other
health-related diagnosis, care, or treatment to indigent and uninsured persons
as volunteers at nonprofit shelters or health care facilities;
(2) To determine, to the extent it is possible to do so,
whether any increase is attributable to the qualified immunities provided
by section 2305.234 of the Revised Code or the volunteer's certificate the
State Medical Board may issue pursuant to section 4731.295 of the Revised
Code;
(3) To determine whether the quality of care provided to indigent and
uninsured persons, as measured against generally accepted standards of care,
is adversely affected by the qualified immunity or volunteer's
certificates.
An initial THE survey shall be commenced not later than May 15,
1996, and concluded not later than
November 15, 1996. The
survey shall attempt to compare the number of health care professionals and
workers who immediately prior to November 15, 1995, the effective date of
Am. Sub. H.B. 218 of the
121st General Assembly, volunteered their services at
nonprofit shelters or health care facilities with the number of health care
professionals and workers who six months after that date are volunteering
their services.
A second survey shall be commenced
May 15, 1998, and concluded not later than October 15, 1998. The
survey shall attempt to compare
the number of health care professionals and workers who six months after
November 15, 1995, the effective date of
Am. Sub. H.B. 218 of the 121st General Assembly,
are volunteering their services at nonprofit shelters or health care
facilities with the number of health care professionals and workers who
two years and six months after the effective date of that act
are volunteering their services.
The State Medical Board;
Board of Nursing; State Dental Board; Physical Therapy Section of
the Ohio Occupational Therapy, Physical Therapy, and Athletic
Trainers Board; Chiropractic Examining Board; State Board of Optometry; Ohio
Board of Dietetics; and State Board of Pharmacy shall cooperate with the
Department of Health in
the conduct of the surveys SURVEY described in this division.
To facilitate the
prompt and accurate conduct of those
surveys THE SURVEY, the licensing entities periodically may inform
the
licensees, certificate holders, and registrants under their jurisdiction of
the provisions of Am. Sub. H.B. 218 of the
121st General Assembly
and inquire whether the licensees and
registrants have within specified time periods volunteered their services at
nonprofit shelters or health care facilities.
The Department of Health shall tabulate the results of
the surveys SURVEY conducted pursuant to this division
and, NO LATER THAN JULY 1, 1998, shall file a
report of the
results of each THE survey with the Governor, the
President of the Senate, and the Speaker of the House of
Representatives.
(C) The committee of each house of the General Assembly that has
primary jurisdiction over insurance legislation shall, beginning
November 15, 1997,
review the effect of sections 2305.234,
3701.071, and 4731.295 of
the Revised Code on the availability and quality of health care provided to
indigent and uninsured persons in this state. Each committee shall report its
findings and recommendations to its respective house not later than
September 16, 1998."
Section 5. That existing Sections 2, 3, and 5 of Am. Sub. H.B. 218 of the
121st General Assembly, as amended by Am. Sub. S.B. 259 of the 121st General
Assembly, are hereby repealed.
Section 6. (A) As used in this section, "health care
professional," "health care worker," "indigent and uninsured
person," and "nonprofit shelter or health care facility" have
the same meanings as in section 2305.234 of the Revised Code.
(B)(1) The Department of Health shall survey nonprofit shelters
and health care facilities to measure the amount, type, and
quality of health care services provided to indigent and
uninsured persons pursuant to sections 2305.234, 3701.071, and
4731.295 of the Revised Code, the number of persons using the health care
services, and the number and type of
grievances that the persons receiving the health care services
have against the health care professionals and workers who
provided the health care services under those sections.
(2) The Department of Health shall work with representatives of the following
associations to develop the contents of the survey:
(a) The Ohio State Medical Association;
(b) The Ohio Nurses Association;
(c) The Ohio Dental Association;
(d) The Ohio State Chiropractic Association;
(e) The Ohio Optometric Association;
(f) The Ohio Dietitians Association;
(g) The Ohio Pharmacists Association;
(h) The Ohio Osteopathic Association;
(i) The Ohio Podiatric Medical Association;
(j) The Ohio Academy of Trial Lawyers;
(k) The Ohio State Bar Association;
(l) The Ohio Academy of Family Physicians;
(m) The Ohio Physical Therapy Association;
(n) The Ohio Occupational Therapy Association;
(o) The Ohio Athletic Trainers Association.
(3) No later than July 15, 2000, the Department of Health shall
report the findings of the survey to the Speaker of the House,
the President of the Senate, the Governor, the chairperson of
the committee of the House of Representatives that has primary
jurisdiction over insurance legislation, and the chairperson of
the committee of the Senate that has primary jurisdiction over
insurance legislation.
Section 7. If this act is enacted as an emergency measure, Sections 1, 2, 3,
and 6 of this act shall take effect on the
ninety-first day after the effective date of this act. If this act is not
enacted as an emergency measure, Sections 1, 2, 3, and 6 of this act take
effect at the earliest time permitted by law.
Section 8. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
the duty of the Department of Health to commence the survey
repealed by Section 4 of this act would result in unnecessary
expense to the state, diverting funds that are crucially needed
elsewhere. Therefore, this act shall go into immediate
effect.
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