Bill Text: OH HB247 | 2013-2014 | 130th General Assembly | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To make clear that any person may perform automated external defibrillation, to extend qualified immunity from civil liability to premises owners and other persons involved with automated external defibrillator placement and use, to allow proceedings for a mentally ill person subject to court order to be in a probate court in any county, rather than in the county where the mentally ill person subject to court order resides, and to modify the form of the affidavit used to initiate proceedings for court-ordered treatment of a mentally ill person.
Spectrum: Moderate Partisan Bill (Republican 55-18)
Status: (Passed) 2014-12-19 - Governor' Action [HB247 Detail]
Download: Ohio-2013-HB247-Comm_Sub.html
As Re-reported by the Senate Civil Justice Committee
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To make clear that any person may perform automated external defibrillation, to extend qualified immunity from civil liability to premises owners and other persons involved with automated external defibrillator placement and use, to allow proceedings for a mentally ill person subject to court order to be in a probate court in any county, rather than in the county where the mentally ill person subject to court order resides, and to modify the form of the affidavit used to initiate proceedings for court-ordered treatment of a mentally ill person.
Spectrum: Moderate Partisan Bill (Republican 55-18)
Status: (Passed) 2014-12-19 - Governor' Action [HB247 Detail]
Download: Ohio-2013-HB247-Comm_Sub.html
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Representative Stebelton
Cosponsors:
Representatives Huffman, Butler, Sears, Becker, Lynch, Antonio, Barnes, Bishoff, Brown, Carney, Schuring, Adams, R., Amstutz, Anielski, Beck, Blair, Boose, Buchy, Burkley, Celebrezze, DeVitis, Dovilla, Duffey, Green, Grossman, Hackett, Hagan, C., Hall, Hayes, Heard, Hill, Hottinger, Johnson, Landis, Maag, Mallory, McClain, Milkovich, O'Brien, Roegner, Rogers, Ruhl, Slaby, Smith, Sprague, Stinziano, Winburn Speaker Batchelder
Senators Brown, Tavares
To amend sections 2305.235, 3701.85, 5122.11, and | 1 |
5122.111 of the Revised Code to make clear that | 2 |
any person may perform automated external | 3 |
defibrillation, to extend qualified immunity from | 4 |
civil liability to premises owners and other | 5 |
persons involved with automated external | 6 |
defibrillator placement and use, to allow | 7 |
proceedings for a mentally ill person subject to | 8 |
court order to be in a probate court in any | 9 |
county, rather than in the county where the | 10 |
mentally ill person subject to court order | 11 |
resides, and to modify the form of the affidavit | 12 |
used to initiate proceedings for court-ordered | 13 |
treatment of a mentally ill person. | 14 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2305.235, 3701.85, 5122.11, and | 15 |
5122.111 of the Revised Code be amended to read as follows: | 16 |
Sec. 2305.235. (A) As used in this section: | 17 |
(1) "Automated external defibrillation" means the process of | 18 |
applying a specialized defibrillator to a person in cardiac | 19 |
arrest, allowing the defibrillator to interpret the cardiac | 20 |
rhythm, and, if appropriate, delivering an electrical shock to the | 21 |
heart to allow it to resume effective electrical activity. | 22 |
(2) "Physician" has the same meaning as in section 4765.01 of | 23 |
the Revised Code. | 24 |
(B) Except in the case of willful or wanton misconduct, no | 25 |
physician shall be held liable in civil damages for injury, death, | 26 |
or loss to person or property for providing a prescription for an | 27 |
automated external defibrillator approved for use as a medical | 28 |
device by the United States food and drug administration or | 29 |
consulting with a person regarding the use and maintenance of a | 30 |
defibrillator. | 31 |
(C) Except in the case of willful or wanton misconduct, no | 32 |
person shall be held liable in civil damages for injury, death, or | 33 |
loss to person or property for | 34 |
following: | 35 |
(1) Providing training in automated external defibrillation | 36 |
and cardiopulmonary resuscitation; | 37 |
(2) Authorizing, directing, or supervising the installation | 38 |
or placement of an automated external defibrillator; | 39 |
(3) Designing, managing, or operating a cardiopulmonary | 40 |
resuscitation or automated external defibrillation program; | 41 |
(4) Acquiring an automated external defibrillator; | 42 |
(5) Owning, managing, or having responsibility for a premises | 43 |
or location where an automated external defibrillator has been | 44 |
placed. | 45 |
(D) Except in the case of willful or wanton misconduct or | 46 |
when there is no good faith attempt to activate an emergency | 47 |
medical services system in accordance with section 3701.85 of the | 48 |
Revised Code, no person shall be held liable in civil damages for | 49 |
injury, death, or loss to person or property, or held criminally | 50 |
liable, for performing automated external defibrillation in good | 51 |
faith, regardless of whether the person has obtained appropriate | 52 |
training on how to perform automated external defibrillation or | 53 |
successfully completed a course in cardiopulmonary resuscitation. | 54 |
Sec. 3701.85. (A) As used in this section: | 55 |
(1) "Automated external defibrillation" has the same meaning | 56 |
as in section 2305.235 of the Revised Code. | 57 |
(2) "Emergency medical services organization" has the same | 58 |
meaning as in section 4765.01 of the Revised Code. | 59 |
| 60 |
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| 65 |
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| 67 |
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(B) A person who possesses an automated external | 69 |
defibrillator shall do | 70 |
(1) | 71 |
a course in automated external defibrillation and cardiopulmonary | 72 |
resuscitation that is offered or approved by | 73 |
74 | |
includes instruction on psychomotor skills and national | 75 |
evidence-based emergency cardiovascular guidelines that are | 76 |
current; | 77 |
(2) Maintain and test the defibrillator according to the | 78 |
manufacturer's guidelines | 79 |
| 80 |
81 |
(C) | 82 |
possesses an automated external defibrillator | 83 |
emergency medical services organization of the location of the | 84 |
defibrillator. | 85 |
(D) | 86 |
87 | |
88 | |
automated external defibrillation | 89 |
90 | |
91 | |
external defibrillation and cardiopulmonary resuscitation is | 92 |
recommended but not required. | 93 |
A person who performs automated external defibrillation | 94 |
95 | |
96 | |
shall make a good faith effort to activate or have another person | 97 |
activate an emergency medical services system | 98 |
as soon as possible unless the person is performing automated | 99 |
external defibrillation as part of an emergency medical services | 100 |
system or at a hospital as defined in section 3727.01 of the | 101 |
Revised Code. | 102 |
Sec. 5122.11. Proceedings for a mentally ill person subject | 103 |
to court order pursuant to sections 5122.11 to 5122.15 of the | 104 |
Revised Code shall be commenced by the filing of an affidavit in | 105 |
the manner prescribed by the department of mental health and | 106 |
addiction services and in a form prescribed in section 5122.111 of | 107 |
the Revised Code, by any person or persons with the probate court | 108 |
109 | |
110 | |
whichever is determined to be proper by the court. This section | 111 |
does not apply to the hospitalization of a person pursuant to | 112 |
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 113 |
Code. | 114 |
The affidavit shall contain an allegation setting forth the | 115 |
specific category or categories under division (B) of section | 116 |
5122.01 of the Revised Code upon which the jurisdiction of the | 117 |
court is based and a statement of alleged facts sufficient to | 118 |
indicate probable cause to believe that the person is a mentally | 119 |
ill person subject to court order. The affidavit may be | 120 |
accompanied, or the court may require that the affidavit be | 121 |
accompanied, by a certificate of a psychiatrist, or a certificate | 122 |
signed by a licensed clinical psychologist and a certificate | 123 |
signed by a licensed physician stating that the person who issued | 124 |
the certificate has examined the person and is of the opinion that | 125 |
the person is a mentally ill person subject to court order, or | 126 |
shall be accompanied by a written statement by the applicant, | 127 |
under oath, that the person has refused to submit to an | 128 |
examination by a psychiatrist, or by a licensed clinical | 129 |
psychologist and licensed physician. | 130 |
Upon receipt of the affidavit, if a judge of the court or a | 131 |
referee who is an attorney at law appointed by the court has | 132 |
probable cause to believe that the person named in the affidavit | 133 |
is a mentally ill person subject to court order, the judge or | 134 |
referee may issue a temporary order of detention ordering any | 135 |
health or police officer or sheriff to take into custody and | 136 |
transport the person to a hospital or other place designated in | 137 |
section 5122.17 of the Revised Code, or may set the matter for | 138 |
further hearing. If a temporary order of detention is issued and | 139 |
the person is transported to a hospital or other designated place, | 140 |
the court that issued the order shall retain jurisdiction over the | 141 |
case as it relates to the person's outpatient treatment, | 142 |
notwithstanding that the hospital or other designated place to | 143 |
which the person is transported is outside the territorial | 144 |
jurisdiction of the court. | 145 |
The person may be observed and treated until the hearing | 146 |
provided for in section 5122.141 of the Revised Code. If no such | 147 |
hearing is held, the person may be observed and treated until the | 148 |
hearing provided for in section 5122.15 of the Revised Code. | 149 |
Sec. 5122.111. To initiate proceedings for court-ordered | 150 |
treatment of a person under section 5122.11 of the Revised Code, a | 151 |
person or persons shall file an affidavit with the probate court | 152 |
that is identical in form and content to the following: | 153 |
AFFIDAVIT OF MENTAL ILLNESS | 154 |
155 | |||
The State of Ohio | 156 | ||
..................... County, | ss. | 157 | |
..................... Court | 158 |
................................................................. | 159 | ||
the undersigned, residing at | 160 | ||
................................................................. | 161 | ||
says, that he/she has information to believe or has actual knowledge that | 162 | ||
................................................................. | 163 |
164 | |
[ ] Represents a substantial risk of physical harm to self as | 165 |
manifested by evidence of threats of, or attempts at, suicide or | 166 |
serious self-inflicted bodily harm; | 167 |
[ ] Represents a substantial risk of physical harm to others as | 168 |
manifested by evidence of recent homicidal or other violent | 169 |
behavior or evidence of recent threats that place another in | 170 |
reasonable fear of violent behavior and serious physical harm or | 171 |
other evidence of present dangerousness; | 172 |
[ ] Represents a substantial and immediate risk of serious | 173 |
physical impairment or injury to self as manifested by evidence of | 174 |
being unable to provide for and of not providing for basic | 175 |
physical needs because of mental illness and that appropriate | 176 |
provision for such needs cannot be made immediately available in | 177 |
the community; | 178 |
[ ] Would benefit from treatment for mental illness and is in need | 179 |
of such treatment as manifested by evidence of behavior that | 180 |
creates a grave and imminent risk to substantial rights of others | 181 |
or the person; or | 182 |
[ ] Would benefit from treatment as manifested by evidence of | 183 |
behavior that indicates all of the following: | 184 |
(a) The person is unlikely to survive safely in the community | 185 |
without supervision, based on a clinical determination. | 186 |
(b) The person has a history of lack of compliance with treatment | 187 |
for mental illness and one of the following applies: | 188 |
(i) At least twice within the thirty-six months prior to the | 189 |
filing of an affidavit seeking court-ordered treatment of the | 190 |
person under section 5122.111 of the Revised Code, the lack of | 191 |
compliance has been a significant factor in necessitating | 192 |
hospitalization in a hospital or receipt of services in a forensic | 193 |
or other mental health unit of a correctional facility, provided | 194 |
that the thirty-six-month period shall be extended by the length | 195 |
of any hospitalization or incarceration of the person that | 196 |
occurred within the thirty-six-month period. | 197 |
(ii) Within the forty-eight months prior to the filing of an | 198 |
affidavit seeking court-ordered treatment of the person under | 199 |
section 5122.111 of the Revised Code, the lack of compliance | 200 |
resulted in one or more acts of serious violent behavior toward | 201 |
self or others or threats of, or attempts at, serious physical | 202 |
harm to self or others, provided that the forty-eight-month period | 203 |
shall be extended by the length of any hospitalization or | 204 |
incarceration of the person that occurred within the | 205 |
forty-eight-month period. | 206 |
(c) The person, as a result of mental illness, is unlikely to | 207 |
voluntarily participate in necessary treatment. | 208 |
(d) In view of the person's treatment history and current | 209 |
behavior, the person is in need of treatment in order to prevent a | 210 |
relapse or deterioration that would be likely to result in | 211 |
substantial risk of serious harm to the person or others. | 212 |
................................................................. | 213 | ||
(Name of the party filing the affidavit) further says that the facts supporting this belief are as follows: | 214 | ||
................................................................. | 215 | ||
................................................................. | 216 | ||
................................................................. | 217 | ||
................................................................. | 218 | ||
................................................................. | 219 | ||
................................................................. | 220 | ||
These facts being sufficient to indicate probable cause that the | 221 | ||
above said person is a mentally ill person subject to | 222 | ||
court order. | 223 |
Name of Patient's Last Physician or Licensed Clinical Psychologist | 224 | ||
................................................................. | 225 | ||
Address of Patient's Last Physician or Licensed Clinical Psychologist | 226 | ||
................................................................. | 227 | ||
................................................................. | 228 |
The name and address of respondent's legal guardian, spouse, and | 229 |
adult next of kin are: | 230 |
Name | Kinship | Address | 231 | |||
232 | ||||||
Legal Guardian | 233 | |||||
234 | ||||||
235 | ||||||
Spouse | 236 | |||||
237 | ||||||
238 | ||||||
Adult Next of Kin | 239 | |||||
240 | ||||||
241 | ||||||
Adult Next of Kin | 242 | |||||
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The following constitutes additional information that may be | 244 | ||
necessary for the purpose of determining residence: | 245 | ||
................................................................. | 246 | ||
................................................................. | 247 | ||
................................................................. | 248 | ||
................................................................. | 249 | ||
................................................................. | 250 |
Dated this ............. day of ..............., 20... | 251 |
252 | |||
Signature of the party filing the affidavit | 253 |
Sworn to before me and signed in my presence on the day and year | 254 |
above dated. | 255 |
256 | |||
Signature of Probate Judge | 257 |
258 | |||
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260 | |
I, the undersigned party filing the affidavit hereby waive the | 261 |
issuing and service of notice of the hearing on said affidavit, | 262 |
and voluntarily enter my appearance herein. | 263 |
Dated this ............. day of ..............., 20... | 264 |
265 | |||
Signature of the party filing the affidavit | 266 |
Section 2. That existing sections 2305.235, 3701.85, 5122.11, | 267 |
and 5122.111 of the Revised Code are hereby repealed. | 268 |