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(124th General Assembly)
(Amended House Bill Number 384)
To enact section 3313.815 of the Revised Code to
require public and nonpublic schools to have an
employee trained in the performance of the Heimlich
maneuver present during periods of food service to
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 3313.815 of the Revised Code be
enacted to read as follows:
Sec. 3313.815. (A) Any school district or nonpublic school that
operates a food service program pursuant to section 3313.81 or
3313.813 of the Revised Code shall require at least one employee
who has received instruction in methods to prevent choking and has
demonstrated an ability to perform the Heimlich maneuver to be
present while students are being served food.
The department of education shall establish guidelines for
use by districts and schools in implementing this section.
(B) Any nonpublic school or employee of a nonpublic school is not liable in damages in a civil action for injury, death, or loss to person or property allegedly caused by an act or omission of the nonpublic school or an employee of the nonpublic school in connection with performance of the duties required under division (A) of this section unless such act or omission was with malicious purpose, in bad faith, or in a wanton or reckless manner.
(C) This section does not create a new cause of action or substantive legal right against any person.