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.
|
(125th General Assembly)
(Amended Substitute Senate Bill Number 86)
AN ACT
To amend sections 2305.234, 3701.071, 4715.42, and 4731.295 of the Revised Code and to amend Section 2 of Sub. H.B. 221 of the 124th General Assembly to extend immunity from liability for services provided by volunteer health care professionals and workers to additional health care facilities and locations and to nonprofit health care referral organizations, to provide additional requirements for the immunity of a health care professional, to increase the maximum allowable income of individuals who may be served by volunteers having immunity from liability, and to change the effective date of the drug repository statute to January 1, 2004.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 2305.234, 3701.071, 4715.42, and 4731.295 of the Revised Code be amended to read as follows:
Sec. 2305.234. (A) As used in this section: (1)
"Chiropractic claim,"
"medical claim," and
"optometric
claim"
have the same meanings as in section
2305.113 of
the Revised
Code. (2)
"Dental claim" has the same meaning as in section
2305.113 of the Revised
Code, except that it does not include any
claim arising out of a dental
operation or any derivative claim
for relief that arises out of a dental
operation. (3)
"Governmental health care program" has the same meaning
as in
section
4731.65 of the Revised Code. (4)
"Health care facility or location" means a hospital, clinic, ambulatory surgical facility, office of a health care professional or associated group of health care professionals, training institution for health care professionals, or any other place where medical, dental, or other health-related diagnosis, care, or treatment is provided to a person. (5) "Health care professional" means any of the following
who
provide medical, dental, or other health-related
diagnosis,
care,
or treatment: (a) Physicians authorized under Chapter 4731. of the Revised
Code to practice
medicine and surgery or osteopathic medicine and
surgery; (b) Registered nurses , advanced practice nurses , and
licensed practical nurses licensed
under Chapter
4723. of the
Revised Code and individuals who hold a certificate of authority issued under that chapter that authorizes the practice of nursing as a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner; (c) Physician assistants authorized to practice under
Chapter 4730. of the
Revised Code; (d) Dentists and dental hygienists licensed under Chapter
4715. of the
Revised Code; (e) Physical therapists, physical therapist assistants, occupational therapists, and occupational therapy assistants licensed under Chapter 4755. of the
Revised
Code; (f) Chiropractors licensed under Chapter 4734. of the
Revised Code; (g) Optometrists licensed under Chapter 4725. of the Revised
Code; (h) Podiatrists authorized under Chapter 4731. of the
Revised Code to
practice podiatry; (i) Dietitians licensed under Chapter 4759. of the Revised
Code; (j) Pharmacists licensed under Chapter 4729. of the
Revised
Code; (k) Emergency medical technicians-basic, emergency medical
technicians-intermediate, and emergency medical
technicians-paramedic, certified under Chapter 4765. of the
Revised Code; (l) Respiratory care professionals licensed under Chapter 4761. of the Revised Code; (m) Speech-language pathologists and audiologists licensed under Chapter 4753. of the Revised Code. (5)(6)
"Health care worker" means a person other than a health
care
professional who provides medical, dental, or other
health-related care or
treatment under the direction of a health
care professional with the authority
to direct that individual's
activities, including
medical technicians, medical assistants,
dental assistants,
orderlies, aides, and individuals acting in
similar capacities.
(6)(7)
"Indigent and uninsured person" means a person who meets
all of the
following requirements:
(a) The person's income is not greater than one two hundred
fifty per
cent of the current poverty line as defined by the
United States office of
management and budget and revised in
accordance with section 673(2) of the
"Omnibus Budget
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as
amended. (b) The person is not eligible to receive medical assistance
under Chapter
5111., disability medical assistance
under Chapter 5115. of the
Revised Code, or assistance under any
other governmental health care
program. (c) Either of the following applies: (i) The person is not a policyholder, certificate
holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan. (ii) The person is a policyholder, certificate holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan, but the insurer,
policy,
contract, or plan denies coverage or is the subject of
insolvency
or bankruptcy proceedings in any jurisdiction. (7)(8) "Nonprofit health care referral organization" means an entity that is not operated for profit and refers patients to, or arranges for the provision of, health-related diagnosis, care, or treatment by a health care professional or health care worker.
(9)
"Operation" means any procedure that involves cutting or
otherwise
infiltrating human tissue by mechanical means, including
surgery, laser
surgery, ionizing radiation, therapeutic
ultrasound, or the removal of
intraocular foreign bodies.
"Operation" does not include the administration
of medication by
injection, unless the injection is administered in
conjunction
with a procedure infiltrating human tissue by mechanical means
other than the administration of medicine by injection. "Operation" does not include routine dental restorative procedures, the scaling of teeth, or extractions of teeth that are not impacted. (8)
"Nonprofit shelter or health care facility" means
a
charitable nonprofit corporation organized and
operated pursuant
to Chapter 1702. of the Revised
Code, or any charitable
organization not organized and not operated
for profit, that
provides shelter, health care services, or
shelter and health care
services to indigent and uninsured persons,
except that
"shelter
or
health care facility" does not include a hospital as defined in
section
3727.01 of the Revised Code, a facility licensed under
Chapter 3721. of the
Revised Code, or a medical facility that is
operated for profit.
(9)(10)
"Tort action" means a civil action for
damages for
injury, death, or loss to person or property other
than a civil
action for damages for a breach of contract or
another agreement
between persons or government entities.
(10)(11)
"Volunteer" means an individual who provides any
medical, dental, or
other health-care related diagnosis, care, or
treatment without
the expectation of receiving and without receipt
of any compensation or other
form of remuneration from an indigent
and uninsured person,
another person on behalf of an indigent and
uninsured person, any shelter or
health care facility or location, any nonprofit health care referral organization, or any
other person or government entity.
(11)(12) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(B)(1) Subject to divisions (E)(F) and (F)(G)(3) of this section,
a health care
professional who is a volunteer and complies with
division (B)(2) of this
section is not liable in damages to any
person or government entity in a tort
or other civil action,
including an action on a medical, dental,
chiropractic,
optometric, or other health-related claim, for injury, death, or
loss to person or property that allegedly arises from an action or
omission of the volunteer in the provision at a nonprofit shelter
or health
care facility to an indigent and uninsured person of
medical, dental, or other
health-related diagnosis, care, or
treatment, including the provision of samples of medicine and
other medical
products, unless the action or omission constitutes
willful or wanton
misconduct. (2) To qualify for the immunity described in division
(B)(1)
of this section, a health care professional shall
do all of the
following prior to providing diagnosis, care, or treatment: (a) Determine, in good faith, that the indigent and
uninsured
person is mentally capable of giving informed consent to
the provision of the diagnosis, care, or treatment and is
not
subject to duress or under undue influence; (b) Inform the person of the provisions of this section, including notifying the person that, by giving informed consent to the provision of the diagnosis, care, or treatment, the person cannot hold the health care professional liable for damages in a tort or other civil action, including an action on a medical, dental, chiropractic, optometric, or other health-related claim, unless the action or omission of the health care professional constitutes willful or wanton misconduct; (c) Obtain the informed consent of the person and a written
waiver, signed by the person or by
another individual on behalf of
and in the presence of the person, that states
that the person is
mentally competent to give informed consent and,
without being
subject to duress or under undue influence, gives
informed consent
to the provision of the diagnosis, care, or
treatment subject to
the provisions of this section. A written waiver under division (B)(2)(c) of this section shall state clearly and in conspicuous type that the person or other individual who signs the waiver is signing it with full knowledge that, by giving informed consent to the provision of the diagnosis, care, or treatment, the person cannot bring a tort or other civil action, including an action on a medical, dental, chiropractic, optometric, or other health-related claim, against the health care professional unless the action or omission of the health care professional constitutes willful or wanton misconduct. (3) A physician or podiatrist who is not covered
by medical
malpractice insurance, but complies with division
(B)(2) of this
section, is not required to comply with division (A) of section
4731.143 of the Revised Code. (C) Subject to divisions (E)(F) and (F)(G)(3) of this section,
health care workers
who are volunteers are not liable in damages
to any person or government
entity in a tort or other civil
action, including an action upon a medical,
dental, chiropractic,
optometric, or other health-related claim, for injury,
death, or
loss to person or property that allegedly arises from
an action or
omission of the health care worker in the
provision at a nonprofit
shelter or health care facility to an indigent and
uninsured
person of medical, dental, or other health-related diagnosis,
care,
or treatment, unless the action or omission constitutes
willful or wanton
misconduct. (D) Subject to divisions (F) and (G)(3) of this section, a nonprofit health care referral organization is not liable in damages to any person or government entity in a tort or other civil action, including an action on a medical, dental, chiropractic, optometric, or other health-related claim, for injury, death, or loss to person or property that allegedly arises from an action or omission of the nonprofit health care referral organization in referring indigent and uninsured persons to, or arranging for the provision of, medical, dental, or other health-related diagnosis, care, or treatment by a health care professional described in division (B)(1) of this section or a health care worker described in division (C) of this section, unless the action or omission constitutes willful or wanton misconduct. (E) Subject to divisions (E)(F) and (F)(G)(3) of this section and
to the extent that the registration requirements of section 3701.071
of the Revised Code apply, a nonprofit shelter or
health care facility or location associated
with a health care professional
described in division (B)(1) of this section or, a health care
worker described in division (C) of this section, or a nonprofit health care referral organization described in division (D) of this section is
not liable in
damages to any person or government entity in a tort or other
civil action, including an action on a medical, dental,
chiropractic,
optometric, or
other health-related claim, for
injury, death, or loss to person or property
that allegedly arises
from an action or omission of the health care
professional or
worker in providing for or nonprofit health care referral organization relative to the shelter or facility medical,
dental,
or other health-related diagnosis, care, or treatment provided to an
indigent
and uninsured person on behalf of or at the health care facility or location, unless the action or omission
constitutes willful or
wanton misconduct. (E)(F)(1) Except as provided in division (E)(F)(2) of this
section, the immunities provided by divisions
(B), (C), and (D), and (E) of
this section are not
available to an individual or to a
nonprofit
shelter a health care professional, health care worker, nonprofit health care referral organization, or health care facility or location if, at the time of an alleged
injury, death, or loss to person or property, the individuals
health care professionals or health care workers involved are
providing one of the following:
(a) Any medical, dental, or other health-related diagnosis,
care,
or treatment pursuant
to a community service work order
entered by a court under division
(B) of section 2951.02 of the
Revised
Code or imposed by a court as a community control
sanction; (b) Performance of an operation; (c) Delivery of a baby. (2) Division (E)(F)(1) of this section does not apply to an
individual who provides, or a nonprofit shelter or health care
facility at
which the individual when a health care professional or health care worker provides, medical, dental, or other health-related diagnosis, care, or
treatment that is
necessary to preserve the life of a person in a
medical emergency. (F)(G)(1) This section does not create a new cause
of action or
substantive legal right against a health care professional,
health
care worker, nonprofit health care referral organization, or nonprofit
shelter or health care facility or location.
(2) This section does not affect any immunities from
civil
liability or defenses established by another section of the
Revised Code or available at common law to which
an individual or
a nonprofit shelter health care professional, health care worker, nonprofit health care referral organization, or
health care facility or location may be entitled in
connection with the
provision of emergency or other medical, dental, or other health-related diagnosis,
care, or
treatment. (3) This section does not grant an immunity from tort
or
other civil liability to an individual or a nonprofit shelter health care professional, health care worker, nonprofit health care referral organization, or
health
care facility or location for actions that are outside the scope of
authority of health
care professionals or health care workers. (4) This section does not affect any legal responsibility of
a
health care professional or, health care worker, or nonprofit health care referral organization to comply with
any applicable law of this state or rule of an agency of this
state. (5) This section does not affect any legal
responsibility of
a nonprofit shelter or health care facility or location to comply
with any
applicable law of this state, rule of an agency of this
state, or
local code, ordinance, or regulation that pertains to
or regulates
building, housing, air pollution, water pollution,
sanitation,
health, fire, zoning, or safety.
Sec. 3701.071. (A) As used in this section, "nonprofit: (1) "Indigent and uninsured person" has the same meaning as in section 2305.234 of the Revised Code. (2) "Nonprofit shelter
or health care facility" has the same meaning as in section 2305.234 of the
Revised Code means a charitable nonprofit corporation organized and operated pursuant to Chapter 1702. of the Revised Code, or any charitable organization not organized and not operated for profit, that provides shelter, health care services, or shelter and health care services to indigent and uninsured persons. "Nonprofit shelter or health care facility" does not include a hospital, as defined in section 3727.01 of the Revised Code, a facility licensed under Chapter 3721. of the Revised Code, or a medical facility that is operated for profit. (B) A nonprofit shelter or health care facility operating in this
state shall register on the first day of January each year with the
department of health. The immunity provided by division (D)(E) of
section 2305.234 of the Revised Code is not available to a nonprofit shelter
or health care facility until the shelter or facility registers with the
department in accordance with this section. (C) A nonprofit shelter or health care facility operating in this
state shall keep records of all patients who receive medical, dental, or other
health-related diagnosis, care, or treatment at the shelter or facility. The
department of health shall monitor the quality of care provided to patients at
nonprofit shelters or health care facilities. The monitoring program may be
conducted by contracting with another entity or through any other method
authorized by law. The department may solicit and accept funds from private
sources to fund the monitoring program.
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 Any entity for 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 at the location 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.
Sec. 4731.295. (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 or certificate has expired with the
person's intention of
ceasing to practice medicine and
surgery or osteopathic medicine and surgery for remuneration. (B) The state medical board may issue, without examination, a
volunteer's certificate to a person who is retired from practice so that the
person may provide medical services to indigent and uninsured persons at
nonprofit shelters or health care facilities. The board shall deny
issuance of a
volunteer's certificate to a person who is not qualified under this section to
hold a volunteer's certificate. (C) An application for a volunteer's certificate shall include
all of the following: (1) A copy of the applicant's degree of medicine or osteopathic medicine. (2) One of the following, as applicable: (a) A copy of the applicant's most recent license or certificate
authorizing the practice of medicine and surgery or osteopathic medicine and
surgery issued by a jurisdiction in the United States that licenses persons to
practice medicine and surgery or osteopathic medicine and
surgery. (b) A copy of the applicant's most recent license equivalent to a license to
practice medicine and surgery or osteopathic medicine and surgery 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) That 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 medicine and
surgery or osteopathic medicine and surgery. (b) That the applicant has practiced for at least ten years prior to
retirement in good standing as a doctor of medicine and surgery or osteopathic
medicine and surgery in one or more of the 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
medical services rendered while in possession of a volunteer's certificate. (D) The holder of a volunteer's certificate may provide medical
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 medical services while in possession of the
certificate. Except in a medical emergency, the holder shall not perform any
operation or deliver babies. 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 certificate. (E)(1) A volunteer's certificate shall be valid for a period of
three years, unless earlier
revoked under division (D) of this section or
pursuant to section 4731.22 of the Revised
Code. A volunteer's certificate
may be renewed upon the application of the holder. 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 one hundred fifty
hours of continuing medical education that meets
the requirements of section 4731.281 of the Revised Code regarding
certification by private associations and
approval by the board. The board may not renew a certificate if
the holder has not complied with the continuing medical education
requirements. The nonprofit shelter or health care facility in Any entity for which the
holder provides medical services may pay for or reimburse the holder for any
costs incurred in obtaining the required continuing medical 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 medical services
pursuant to the laws
of this state. The holder shall keep the wallet
certificate on the holder's person
while providing medical services and shall display the wall
certificate prominently in
the nonprofit shelter or health care facility at the location 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 existing sections 2305.234, 3701.071, 4715.42, and 4731.295 of the Revised Code are hereby repealed.
SECTION 3. (A) As used in this section, "health care professional," "health care worker," "indigent and uninsured person," "nonprofit health care referral organization," and "volunteer" have the same meanings as in section 2305.234 of the Revised Code, as amended by this act. (B) The Ohio Medical Malpractice Commission created by Section 4 of Am. Sub. S.B. 281 of the 124th General Assembly shall have the following duties, in addition to the other duties provided by law for the Commission:
(1) To study the affordability and availability of medical malpractice insurance for health care professionals and health care workers who are volunteers and for nonprofit health care referral organizations;
(2) To study the feasibility of whether the state of Ohio should provide catastrophic claims coverage, or an insurance pool of any kind, for health care professionals and health care workers to utilize as volunteers in providing medical, dental, or other health-related diagnosis, care, or treatment to indigent and uninsured persons;
(3) To study the feasibility of whether the state of Ohio should create a fund to provide compensation to indigent and uninsured persons who receive medical, dental, or other health-related diagnosis, care, or treatment from health care professionals or health care workers who are volunteers, for any injury, death, or loss to person or property as a result of the negligence or other misconduct by those health care professionals or workers;
(4) To study whether the Good Samaritan laws of other states offer approaches that are materially different from the Ohio Good Samaritan Law as amended by this act, as contained in section 2305.234 of the Revised Code.
(C) The Commission shall submit a report of its findings regarding all of the matters provided in division (B) of this section to the members of the General Assembly not later than two years after the effective date of this act.
(D) The Department of Insurance shall provide any technical, professional, and clerical employees that are necessary for the Commission to perform its duties under this section.
SECTION 4. That Section 2 of Sub. H.B. 221 of the 124th General Assembly be amended to read as follows: Sec. 2. Sections 3715.87, 3715.871, and 3715.872 of the Revised Code as enacted by this act Sub. H.B. 221 of the 124th General Assembly shall take effect one year after the effective date of this section on January 1, 2004. SECTION 5. That existing Section 2 of Sub. H.B. 221 of the 124th General Assembly is hereby repealed.
SECTION 6. Sections 1, 2, 3, 4, 5, 6, and 10 of this act shall take effect ninety days after the effective date of this act. SECTION 7. Section 2305.234 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 95 and Am. Sub. S.B. 51 of
the 125th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
|