130th Ohio General Assembly
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Am. Sub. S. B. No. 86  As Passed by the Senate
As Passed by the Senate

128th General Assembly
Regular Session
2009-2010
Am. Sub. S. B. No. 86


Senator Buehrer 

Cosponsors: Senators Coughlin, Faber, Gibbs, Goodman, Husted, Schaffer, Schuler, Schuring, Stewart, Widener, Carey, Harris, Hughes, Niehaus, Patton, Seitz 



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 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" has the same meaning 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 services 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.
(B)(1) Subject to division (C)(3) of this section, a physician, physician assistant, dentist, or optometrist who provides emergency medical services, first-aid treatment, or other emergency professional care, including the provision of any medication or other medical 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 services, first-aid treatment, or other emergency professional care, including the 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 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 services, 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 services, first-aid treatment, or other emergency medical care, including the provision of any medication or other medical 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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