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 Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 261 |
REPRESENTATIVES ROMAN-SCHURING-AMSTUTZ-MEAD-NETZLEY-TIBERI-
JERSE-BRITTON-JACOBSON-GOODMAN-BENDER-CLANCY-SCHULER-GRENDELL-
O'BRIEN-VESPER-KREBS-TERWILLEGER-PADGETT-CORBIN-ROBERTS-HOOD-
VANVYVEN-HOUSEHOLDER-WILLAMOWSKI-BUCHY-HOLLISTER-KRUPINSKI-
JOLIVETTE-HEALY-SALERNO-DAMSCHRODER-CAREY-WILLIAMS-MOTTLEY-
BRADING-TRAKAS-CALVERT-EVANS-METZGER-PATTON-VERICH-YOUNG-
WINKLER-HAINES-KILBANE-CORE-BOYD-
SENATOR SNEIN-CUPP-
WATTS-MUMPER-WACHTMANN-SPADA-WHITE-OELSLAGER-JOHNSON-
GARDNER-DRAKE
A BILL
To enact section 4715.42 of the Revised Code and to repeal Sections 2 and 3 of
Am. Sub. H.B. 218 of the 121st
General Assembly, as subsequently amended, to repeal the scheduled
repeal of the laws that establish qualified immunity from civil
liability for health care providers that provide free health care
services to indigent and uninsured persons
and to extend
that immunity to retired dentists and dental hygienists who
provide free dental services to such persons.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4715.42 of the Revised
Code be enacted to read as follows:
Sec. 4715.42. (A)(1) AS USED IN THIS SECTION, "INDIGENT AND
UNINSURED PERSON," "NONPROFIT SHELTER OR HEALTH CARE FACILITY," AND
"OPERATION" HAVE THE SAME MEANINGS AS IN SECTION 2305.234 OF
THE REVISED CODE.
(2) FOR THE PURPOSES OF THIS SECTION, A PERSON SHALL BE
CONSIDERED RETIRED FROM PRACTICE IF THE PERSON'S LICENSE HAS BEEN
SURRENDERED OR ALLOWED TO EXPIRE WITH THE INTENTION OF CEASING TO
PRACTICE AS A DENTIST OR DENTAL HYGIENIST FOR REMUNERATION.
(B) THE STATE DENTAL BOARD MAY ISSUE, WITHOUT EXAMINATION, A
VOLUNTEER'S CERTIFICATE TO A PERSON WHO IS RETIRED FROM PRACTICE SO THAT
THE PERSON MAY PROVIDE DENTAL SERVICES TO INDIGENT AND
UNINSURED PERSONS AT NONPROFIT SHELTERS OR HEALTH CARE FACILITIES.
(C) AN APPLICATION FOR A VOLUNTEER'S CERTIFICATE SHALL INCLUDE
ALL OF THE FOLLOWING:
(1) A COPY OF THE APPLICANT'S DEGREE FROM DENTAL COLLEGE OR
DENTAL HYGIENE SCHOOL.
(2) ONE OF THE FOLLOWING, AS APPLICABLE:
(a) A COPY OF THE APPLICANT'S MOST RECENT LICENSE TO PRACTICE
DENTISTRY OR DENTAL HYGIENE ISSUED BY A JURISDICTION IN THE UNITED
STATES THAT LICENSES PERSONS TO PRACTICE DENTISTRY OR DENTAL
HYGIENE.
(b) A COPY OF THE APPLICANT'S MOST RECENT LICENSE EQUIVALENT TO A
LICENSE TO PRACTICE DENTISTRY OR DENTAL HYGIENE IN ONE OR MORE BRANCHES
OF THE UNITED STATES ARMED SERVICES THAT THE UNITED STATES
GOVERNMENT ISSUED.
(3) EVIDENCE OF ONE OF THE FOLLOWING, AS APPLICABLE:
(a) THE APPLICANT HAS MAINTAINED FOR AT LEAST TEN YEARS PRIOR TO
RETIREMENT FULL LICENSURE IN GOOD STANDING IN ANY JURISDICTION IN THE
UNITED STATES THAT LICENSES PERSONS TO PRACTICE DENTISTRY
OR DENTAL HYGIENE.
(b) THE APPLICANT HAS PRACTICED AS A DENTIST OR DENTAL HYGIENIST
IN GOOD STANDING FOR AT LEAST TEN YEARS PRIOR TO RETIREMENT IN ONE OR
MORE BRANCHES OF THE UNITED STATES ARMED SERVICES.
(4) A NOTARIZED STATEMENT FROM THE APPLICANT, ON A FORM
PRESCRIBED BY THE BOARD, THAT THE APPLICANT WILL NOT ACCEPT ANY FORM OF
REMUNERATION FOR ANY DENTAL SERVICES RENDERED WHILE IN POSSESSION OF A
VOLUNTEER'S CERTIFICATE.
(D) THE HOLDER OF A VOLUNTEER'S CERTIFICATE MAY PROVIDE DENTAL
SERVICES ONLY ON THE PREMISES OF A NONPROFIT SHELTER OR HEALTH CARE
FACILITY AND ONLY TO INDIGENT AND UNINSURED PERSONS. THE
HOLDER SHALL NOT ACCEPT ANY FORM OF REMUNERATION FOR PROVIDING DENTAL
SERVICES WHILE IN POSSESSION OF THE CERTIFICATE. EXCEPT IN A DENTAL
EMERGENCY, THE HOLDER SHALL NOT PERFORM ANY OPERATION. THE BOARD MAY
REVOKE A VOLUNTEER'S CERTIFICATE ON RECEIVING PROOF SATISFACTORY
TO THE BOARD THAT THE HOLDER HAS ENGAGED IN PRACTICE IN THIS STATE
OUTSIDE THE SCOPE OF THE HOLDER'S CERTIFICATE OR THAT THERE ARE
GROUNDS FOR ACTION AGAINST THE PERSON UNDER SECTION 4715.30 OF THE
REVISED CODE.
(E)(1) A VOLUNTEER'S CERTIFICATE SHALL BE VALID FOR A PERIOD OF
THREE YEARS, AND MAY BE RENEWED UPON THE APPLICATION OF THE HOLDER, UNLESS THE CERTIFICATE WAS PREVIOUSLY REVOKED UNDER DIVISION
(D) OF THIS SECTION. THE BOARD SHALL MAINTAIN A REGISTER OF ALL
PERSONS WHO HOLD VOLUNTEER'S CERTIFICATES. THE BOARD SHALL NOT CHARGE A FEE FOR ISSUING OR
RENEWING A CERTIFICATE PURSUANT TO THIS SECTION.
(2) TO BE ELIGIBLE FOR RENEWAL OF A VOLUNTEER'S CERTIFICATE, THE
HOLDER OF THE CERTIFICATE SHALL CERTIFY TO THE BOARD COMPLETION OF SIXTY
HOURS OF CONTINUING DENTAL EDUCATION THAT MEETS THE REQUIREMENTS OF
SECTION 4715.141 OF THE REVISED CODE AND THE RULES ADOPTED UNDER
THAT SECTION, OR COMPLETION OF EIGHTEEN HOURS OF CONTINUING DENTAL
HYGIENE EDUCATION THAT MEETS THE REQUIREMENTS OF SECTION
4715.25 OF THE REVISED CODE AND THE RULES ADOPTED UNDER THAT
SECTION, AS THE CASE MAY BE. THE BOARD MAY NOT RENEW A
CERTIFICATE IF THE HOLDER HAS NOT COMPLIED WITH THE APPROPRIATE
CONTINUING EDUCATION REQUIREMENTS. THE NONPROFIT SHELTER OR
HEALTH CARE FACILITY IN WHICH THE HOLDER PROVIDES DENTAL SERVICES
MAY PAY FOR OR REIMBURSE THE HOLDER FOR ANY COSTS INCURRED IN OBTAINING THE
REQUIRED CONTINUING EDUCATION CREDITS.
(3) THE BOARD SHALL ISSUE TO EACH PERSON WHO QUALIFIES UNDER THIS
SECTION FOR A VOLUNTEER'S CERTIFICATE A WALLET CERTIFICATE AND A WALL
CERTIFICATE THAT STATE THAT THE CERTIFICATE HOLDER IS AUTHORIZED TO
PROVIDE DENTAL SERVICES PURSUANT TO THE LAWS OF THIS STATE. THE
HOLDER SHALL KEEP THE WALLET CERTIFICATE ON THE HOLDER'S PERSON
WHILE PROVIDING DENTAL SERVICES AND SHALL DISPLAY THE WALL
CERTIFICATE PROMINENTLY IN THE NONPROFIT SHELTER OR HEALTH CARE
FACILITY WHERE THE HOLDER PRIMARILY PRACTICES.
(4) THE HOLDER OF A VOLUNTEER'S CERTIFICATE ISSUED PURSUANT TO
THIS SECTION IS SUBJECT TO THE IMMUNITY PROVISIONS IN SECTION 2305.234
OF THE REVISED CODE.
(F) THE BOARD SHALL ADOPT RULES IN ACCORDANCE WITH
CHAPTER 119.
OF THE REVISED CODE TO ADMINISTER AND ENFORCE THIS
SECTION.
Section 2. That Section 2 of Am. Sub. H.B. 218 of the 121st
General Assembly, as most recently amended by Am. Sub. H.B. 612 of
the 122nd General Assembly, which section contains a repeal of
sections 2305.234, 3701.071, and 4731.295 of the Revised Code
effective November 15, 2000, is hereby repealed. The intent of
this section is to remove the limitation imposed by such repeal
upon the continued existence of sections 2305.234, 3701.071, and
4731.295 of the Revised Code, which intent is not affected by the
rule of construction contained in section 1.57 of the Revised
Code.
Section 3. That Section 3 of Am. Sub. H.B. 218 of the 121st
General Assembly, as most recently amended by Am. Sub. H.B. 612 of
the 122nd General Assembly, is hereby repealed.
Section 4. As used in this section, "indigent and uninsured
person" and "nonprofit shelter or health care facility" have the
same meanings as in section 2305.234 of the Revised Code.
Division (E)(4) of section 4715.42 of the Revised Code, as enacted
by this act, shall apply only to causes of action against holders
of a volunteer's certificate issued pursuant to that section for
injury, death, or loss to person or property that allegedly arise
from an action or omission occurring on or after the effective
date of this act in the provision of dental services to an
indigent and uninsured person at a nonprofit shelter or health
care facility. With respect to causes of action against those
individuals occurring prior to the effective date of this act that
have not been barred by a statute of limitations, the liability or
immunity from liability of those individuals, and the defenses
available to them, shall be determined as if section 4715.42 of
the Revised Code had not been enacted.
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