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S. B. No. 129 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Schaffer, Stewart, Obhof, Jordan, Lehner, Gillmor, Widener
A BILL
To enact section 2305.2310 of the Revised Code to
grant qualified civil immunity to a physician,
physician assistant, dentist, or optometrist who
provides emergency medical, dental, or optometric
services, first-aid treatment, or other emergency
professional care in compliance with the federal
Emergency Medical Treatment and Active Labor Act
or as a result of a disaster and to a certified
nurse-midwife, certified nurse practitioner,
clinical nurse specialist, or registered nurse who
provides emergency services, first-aid treatment,
or other emergency professional care as a result
of a disaster and to provide that these provisions
do not apply to wrongful death actions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2305.2310 of the Revised Code be
enacted to read as follows:
Sec. 2305.2310. (A) As used in this section:
(1) "Dentist" has the same meaning as in section 2305.231 of
the Revised Code.
(2) "Disaster" means any imminent threat or actual occurrence
of widespread or severe damage to or loss of property, personal
hardship or injury, or loss of life that results from any natural
phenomenon or act of a human.
(3) "Medical claim," "dental claim," and "optometric claim"
have the same meanings as in section 2305.113 of the Revised Code.
(4) "Optometrist" means a person who is licensed under
Chapter 4725. of the Revised Code to practice optometry.
(5) "Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery.
(6) "Reckless disregard" as it applies to a given physician,
physician assistant, dentist, or optometrist rendering emergency
medical, dental, or optometric services, whichever are applicable,
means conduct that a physician, physician assistant, dentist, or
optometrist knew or should have known, at the time those services
were rendered, created an unreasonable risk of injury, death, or
loss to person or property so as to affect the life or health of
another and that risk was substantially greater than that which is
necessary to make the conduct negligent.
(7) "Registered nurse" means an individual who holds a
current, valid license issued under Chapter 4723. of the Revised
Code that authorizes the practice of nursing as a registered
nurse.
(8) "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 governmental entities. "Tort action" includes
an action on a medical claim, dental claim, or optometric claim.
(B)(1) Subject to division (C)(3) of this section, a
physician, physician assistant, dentist, or optometrist who
provides emergency medical, dental, or optometric services,
whichever are applicable, first-aid treatment, or other emergency
professional care, including the provision of any medication or
other medical, dental, or optometric product, in compliance with
the "Emergency Medical Treatment and Active Labor Act," 100 Stat.
164 (1986), 42 U.S.C. 1395dd, as amended, is not liable in damages
to any person in a tort action for injury, death, or loss to
person or property that allegedly arises from an act or omission
of the physician, physician assistant, dentist, or optometrist in
the physician's, physician assistant's, dentist's, or
optometrist's provision of those services or that treatment or
care if that act or omission does not constitute a reckless
disregard for the consequences so as to affect the life or health
of the patient.
(2) Subject to division (C)(3) of this section, a physician,
physician assistant, dentist, or optometrist who provides
emergency medical, dental, or optometric services, whichever are
applicable, first-aid treatment, or other emergency professional
care, including the provision of any medication or other medical,
dental, or optometric product, as a result of a disaster is not
liable in damages to any person in a tort action for injury,
death, or loss to person or property that allegedly arises from an
act or omission of the physician, physician assistant, dentist, or
optometrist in the physician's, physician assistant's, dentist's,
or optometrist's provision of those services or that treatment or
care if that act or omission does not constitute willful or wanton
misconduct.
(3) Subject to division (C)(3) of this section, a certified
nurse-midwife, certified nurse practitioner, clinical nurse
specialist, or registered nurse who provides emergency services,
first-aid treatment, or other emergency professional care,
including the administration or provision of any medication or
other medical product, as a result of a disaster is not liable in
damages to any person in a tort action for injury, death, or loss
to person or property that allegedly arises from an act or
omission of the certified nurse-midwife, certified nurse
practitioner, clinical nurse specialist, or registered nurse in
the provision of those services or that treatment or care if that
act or omission does not constitute willful or wanton misconduct.
(C)(1) This section does not create a new cause of action or
substantive legal right against a physician, physician assistant,
dentist, optometrist, certified nurse-midwife, certified nurse
practitioner, clinical nurse specialist, or registered nurse.
(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 a physician,
physician assistant, dentist, or optometrist may be entitled in
connection with the provision of emergency medical, dental, or
optometric services, whichever are applicable, first-aid
treatment, or other emergency professional care. 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 a certified nurse-midwife, certified nurse
practitioner, clinical nurse specialist, or registered nurse may
be entitled in connection with the provision of emergency
services, first-aid treatment, or other emergency professional
care.
(3) This section does not grant an immunity from tort or
other civil liability to a physician, physician assistant,
dentist, or optometrist for actions that are outside the scope of
authority of the physician, physician assistant, dentist, or
optometrist. This section does not grant an immunity from tort or
other civil liability to a certified nurse-midwife, certified
nurse practitioner, clinical nurse specialist, or registered nurse
for actions that are outside the scope of authority of the
certified nurse-midwife, certified nurse practitioner, clinical
nurse specialist, or registered nurse.
(4) This section does not affect any legal responsibility of
a physician, physician assistant, dentist, optometrist, certified
nurse-midwife, certified nurse practitioner, clinical nurse
specialist, or registered nurse to comply with any applicable law
of this state or rule of an agency of this state.
(D) This section does not apply to a tort action alleging
wrongful death against a physician, physician assistant, dentist,
or optometrist who provides emergency medical, dental, or
optometric services, whichever are applicable, first-aid
treatment, or other emergency medical care, including the
provision of any medication or other medical, dental, or
optometric product that allegedly arises from an act or omission
of the physician, physician assistant, dentist, or optometrist in
the physician's, physician assistant's, dentist's, or
optometrist's provision of those services or that treatment or
care or as a result of a disaster or against a certified
nurse-midwife, certified nurse practitioner, clinical nurse
specialist, or registered nurse who provides emergency services,
first-aid treatment, or other emergency professional care,
including the administration or provision of any medication or
other medical product, as a result of a disaster.
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