Bill Text: OH HB320 | 2013-2014 | 130th General Assembly | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To require the Department of Health to maintain information on its web site regarding free clinics, to designate December as "Free Clinic Appreciation Month," to require that all free clinics be included in the state's loan repayment programs for physicians and dentists, to create a volunteer's certificate for retired nurses, and to extend for a specified period qualified immunity from civil liability for certain volunteer health care services provided in free clinics to individuals eligible for or receiving Medicaid.
Spectrum: Moderate Partisan Bill (Republican 44-11)
Status: (Passed) 2014-12-18 - Governor' Action [HB320 Detail]
Download: Ohio-2013-HB320-Comm_Sub.html
As Reported by the House Health and Aging Committee
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To require the Department of Health to maintain information on its web site regarding free clinics, to designate December as "Free Clinic Appreciation Month," to require that all free clinics be included in the state's loan repayment programs for physicians and dentists, to create a volunteer's certificate for retired nurses, and to extend for a specified period qualified immunity from civil liability for certain volunteer health care services provided in free clinics to individuals eligible for or receiving Medicaid.
Spectrum: Moderate Partisan Bill (Republican 44-11)
Status: (Passed) 2014-12-18 - Governor' Action [HB320 Detail]
Download: Ohio-2013-HB320-Comm_Sub.html
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Representative Young
Cosponsors:
Representatives Amstutz, Becker, Boose, Brenner, Buchy, Burkley, Derickson, Hood, Roegner, Thompson, Antonio, Bishoff, Brown, Hagan, R., Hill, Johnson, Lynch, Maag, Wachtmann, Schuring, Sears, Smith, Sprague, Barnes
To amend sections 2305.234, 3701.071, 3702.71, | 1 |
3702.74, 3702.76, 3702.85, 3702.87, 3702.91, | 2 |
4715.42, 4723.271, and 4731.295 and to enact | 3 |
sections 5.2290, 3701.072, and 4723.26 of the | 4 |
Revised Code to require the Department of Health | 5 |
to maintain information on its web site regarding | 6 |
free clinics, to designate December as "Free | 7 |
Clinic Appreciation Month," to modify the state's | 8 |
loan repayment programs for physicians and | 9 |
dentists who participate by providing care at free | 10 |
clinics, to create a volunteer's certificate for | 11 |
retired nurses, and to extend for a specified | 12 |
period qualified immunity from civil liability for | 13 |
certain volunteer health care services provided to | 14 |
individuals eligible for or receiving Medicaid. | 15 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2305.234, 3701.071, 3702.71, | 16 |
3702.74, 3702.76, 3702.85, 3702.87, 3702.91, 4715.42, 4723.271, | 17 |
and 4731.295 be amended and sections 5.2290, 3701.072, and 4723.26 | 18 |
of the Revised Code be enacted to read as follows: | 19 |
Sec. 5.2290. The month of December is designated as "Free | 20 |
Clinic Appreciation Month." | 21 |
Sec. 2305.234. (A) As used in this section: | 22 |
(1) "Chiropractic claim," "medical claim," and "optometric | 23 |
claim" have the same meanings as in section 2305.113 of the | 24 |
Revised Code. | 25 |
(2) "Dental claim" has the same meaning as in section | 26 |
2305.113 of the Revised Code, except that it does not include any | 27 |
claim arising out of a dental operation or any derivative claim | 28 |
for relief that arises out of a dental operation. | 29 |
(3) "Governmental health care program" has the same meaning | 30 |
as in section 4731.65 of the Revised Code. | 31 |
(4) "Health care facility or location" means a hospital, | 32 |
clinic, ambulatory surgical facility, office of a health care | 33 |
professional or associated group of health care professionals, | 34 |
training institution for health care professionals, a free clinic | 35 |
or other nonprofit shelter or health care facility as those terms | 36 |
are defined in section 3701.071 of the Revised Code, or any other | 37 |
place where medical, dental, or other health-related diagnosis, | 38 |
care, or treatment is provided to a person. | 39 |
(5) "Health care professional" means any of the following who | 40 |
provide medical, dental, or other health-related diagnosis, care, | 41 |
or treatment: | 42 |
(a) Physicians authorized under Chapter 4731. of the Revised | 43 |
Code to practice medicine and surgery or osteopathic medicine and | 44 |
surgery; | 45 |
(b) Registered nurses and licensed practical nurses licensed | 46 |
under Chapter 4723. of the Revised Code and individuals who hold a | 47 |
certificate of authority issued under that chapter that authorizes | 48 |
the practice of nursing as a certified registered nurse | 49 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 50 |
or certified nurse practitioner; | 51 |
(c) Physician assistants authorized to practice under Chapter | 52 |
4730. of the Revised Code; | 53 |
(d) Dentists and dental hygienists licensed under Chapter | 54 |
4715. of the Revised Code; | 55 |
(e) Physical therapists, physical therapist assistants, | 56 |
occupational therapists, and occupational therapy assistants | 57 |
licensed under Chapter 4755. of the Revised Code; | 58 |
(f) Chiropractors licensed under Chapter 4734. of the Revised | 59 |
Code; | 60 |
(g) Optometrists licensed under Chapter 4725. of the Revised | 61 |
Code; | 62 |
(h) Podiatrists authorized under Chapter 4731. of the Revised | 63 |
Code to practice podiatry; | 64 |
(i) Dietitians licensed under Chapter 4759. of the Revised | 65 |
Code; | 66 |
(j) Pharmacists licensed under Chapter 4729. of the Revised | 67 |
Code; | 68 |
(k) Emergency medical technicians-basic, emergency medical | 69 |
technicians-intermediate, and emergency medical | 70 |
technicians-paramedic, certified under Chapter 4765. of the | 71 |
Revised Code; | 72 |
(l) Respiratory care professionals licensed under Chapter | 73 |
4761. of the Revised Code; | 74 |
(m) Speech-language pathologists and audiologists licensed | 75 |
under Chapter 4753. of the Revised Code; | 76 |
(n) Professional clinical counselors, professional | 77 |
counselors, independent social workers, social workers, | 78 |
independent marriage and family therapists, and marriage and | 79 |
family therapists, licensed under Chapter 4757. of the Revised | 80 |
Code; | 81 |
(o) Psychologists licensed under Chapter 4732. of the Revised | 82 |
Code; | 83 |
(p) Independent chemical dependency counselors, chemical | 84 |
dependency counselors III, chemical dependency counselors II, and | 85 |
chemical dependency counselors I, licensed under Chapter 4758. of | 86 |
the Revised Code. | 87 |
(6) "Health care worker" means a person other than a health | 88 |
care professional who provides medical, dental, or other | 89 |
health-related care or treatment under the direction of a health | 90 |
care professional with the authority to direct that individual's | 91 |
activities, including medical technicians, medical assistants, | 92 |
dental assistants, orderlies, aides, and individuals acting in | 93 |
similar capacities. | 94 |
(7) "Indigent and uninsured person" means a person who meets | 95 |
96 |
(a) | 97 |
not greater than two hundred per cent of the | 98 |
poverty line, as defined by the United States office of management | 99 |
and budget and revised in accordance with section 673(2) of the | 100 |
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 | 101 |
U.S.C. 9902, as amended, except in any case in which division | 102 |
(A)(7)(b)(iii) of this section includes a person whose income is | 103 |
greater than two hundred per cent of the federal poverty line. | 104 |
(b) | 105 |
106 |
| 107 |
applies: | 108 |
(i) The person is not a policyholder, certificate holder, | 109 |
insured, contract holder, subscriber, enrollee, member, | 110 |
beneficiary, or other covered individual under a health insurance | 111 |
or health care policy, contract, or plan. | 112 |
(ii) The person is a policyholder, certificate holder, | 113 |
insured, contract holder, subscriber, enrollee, member, | 114 |
beneficiary, or other covered individual under a health insurance | 115 |
or health care policy, contract, or plan, but the insurer, policy, | 116 |
contract, or plan denies coverage or is the subject of insolvency | 117 |
or bankruptcy proceedings in any jurisdiction. | 118 |
(iii) Until June 30, 2019, the person is eligible for the | 119 |
medicaid program or is a medicaid recipient. | 120 |
(iv) Except as provided in division (A)(7)(b)(iii) of this | 121 |
section, the person is not eligible for or a recipient, enrollee, | 122 |
or beneficiary of any governmental health care program. | 123 |
(8) "Nonprofit health care referral organization" means an | 124 |
entity that is not operated for profit and refers patients to, or | 125 |
arranges for the provision of, health-related diagnosis, care, or | 126 |
treatment by a health care professional or health care worker. | 127 |
(9) "Operation" means any procedure that involves cutting or | 128 |
otherwise infiltrating human tissue by mechanical means, including | 129 |
surgery, laser surgery, ionizing radiation, therapeutic | 130 |
ultrasound, or the removal of intraocular foreign bodies. | 131 |
"Operation" does not include the administration of medication by | 132 |
injection, unless the injection is administered in conjunction | 133 |
with a procedure infiltrating human tissue by mechanical means | 134 |
other than the administration of medicine by injection. | 135 |
"Operation" does not include routine dental restorative | 136 |
procedures, the scaling of teeth, or extractions of teeth that are | 137 |
not impacted. | 138 |
(10) "Tort action" means a civil action for damages for | 139 |
injury, death, or loss to person or property other than a civil | 140 |
action for damages for a breach of contract or another agreement | 141 |
between persons or government entities. | 142 |
(11) "Volunteer" means an individual who provides any | 143 |
medical, dental, or other health-care related diagnosis, care, or | 144 |
treatment without the expectation of receiving and without receipt | 145 |
of any compensation or other form of remuneration from an indigent | 146 |
and uninsured person, another person on behalf of an indigent and | 147 |
uninsured person, any health care facility or location, any | 148 |
nonprofit health care referral organization, or any other person | 149 |
or government entity. | 150 |
(12) "Community control sanction" has the same meaning as in | 151 |
section 2929.01 of the Revised Code. | 152 |
(13) "Deep sedation" means a drug-induced depression of | 153 |
consciousness during which a patient cannot be easily aroused but | 154 |
responds purposefully following repeated or painful stimulation, a | 155 |
patient's ability to independently maintain ventilatory function | 156 |
may be impaired, a patient may require assistance in maintaining a | 157 |
patent airway and spontaneous ventilation may be inadequate, and | 158 |
cardiovascular function is usually maintained. | 159 |
(14) "General anesthesia" means a drug-induced loss of | 160 |
consciousness during which a patient is not arousable, even by | 161 |
painful stimulation, the ability to independently maintain | 162 |
ventilatory function is often impaired, a patient often requires | 163 |
assistance in maintaining a patent airway, positive pressure | 164 |
ventilation may be required because of depressed spontaneous | 165 |
ventilation or drug-induced depression of neuromuscular function, | 166 |
and cardiovascular function may be impaired. | 167 |
(B)(1) Subject to divisions (F) and (G)(3) of this section, a | 168 |
health care professional who is a volunteer and complies with | 169 |
division (B)(2) of this section is not liable in damages to any | 170 |
person or government entity in a tort or other civil action, | 171 |
including an action on a medical, dental, chiropractic, | 172 |
optometric, or other health-related claim, for injury, death, or | 173 |
loss to person or property that allegedly arises from an action or | 174 |
omission of the volunteer in the provision to an indigent and | 175 |
uninsured person of medical, dental, or other health-related | 176 |
diagnosis, care, or treatment, including the provision of samples | 177 |
of medicine and other medical products, unless the action or | 178 |
omission constitutes willful or wanton misconduct. | 179 |
(2) To qualify for the immunity described in division (B)(1) | 180 |
of this section, a health care professional shall do all of the | 181 |
following prior to providing diagnosis, care, or treatment: | 182 |
(a) Determine, in good faith, that the indigent and uninsured | 183 |
person is mentally capable of giving informed consent to the | 184 |
provision of the diagnosis, care, or treatment and is not subject | 185 |
to duress or under undue influence; | 186 |
(b) Inform the person of the provisions of this section, | 187 |
including notifying the person that, by giving informed consent to | 188 |
the provision of the diagnosis, care, or treatment, the person | 189 |
cannot hold the health care professional liable for damages in a | 190 |
tort or other civil action, including an action on a medical, | 191 |
dental, chiropractic, optometric, or other health-related claim, | 192 |
unless the action or omission of the health care professional | 193 |
constitutes willful or wanton misconduct; | 194 |
(c) Obtain the informed consent of the person and a written | 195 |
waiver, signed by the person or by another individual on behalf of | 196 |
and in the presence of the person, that states that the person is | 197 |
mentally competent to give informed consent and, without being | 198 |
subject to duress or under undue influence, gives informed consent | 199 |
to the provision of the diagnosis, care, or treatment subject to | 200 |
the provisions of this section. A written waiver under division | 201 |
(B)(2)(c) of this section shall state clearly and in conspicuous | 202 |
type that the person or other individual who signs the waiver is | 203 |
signing it with full knowledge that, by giving informed consent to | 204 |
the provision of the diagnosis, care, or treatment, the person | 205 |
cannot bring a tort or other civil action, including an action on | 206 |
a medical, dental, chiropractic, optometric, or other | 207 |
health-related claim, against the health care professional unless | 208 |
the action or omission of the health care professional constitutes | 209 |
willful or wanton misconduct. | 210 |
(3) A physician or podiatrist who is not covered by medical | 211 |
malpractice insurance, but complies with division (B)(2) of this | 212 |
section, is not required to comply with division (A) of section | 213 |
4731.143 of the Revised Code. | 214 |
(C) Subject to divisions (F) and (G)(3) of this section, | 215 |
health care workers who are volunteers are not liable in damages | 216 |
to any person or government entity in a tort or other civil | 217 |
action, including an action upon a medical, dental, chiropractic, | 218 |
optometric, or other health-related claim, for injury, death, or | 219 |
loss to person or property that allegedly arises from an action or | 220 |
omission of the health care worker in the provision to an indigent | 221 |
and uninsured person of medical, dental, or other health-related | 222 |
diagnosis, care, or treatment, unless the action or omission | 223 |
constitutes willful or wanton misconduct. | 224 |
(D) Subject to divisions (F) and (G)(3) of this section, a | 225 |
nonprofit health care referral organization is not liable in | 226 |
damages to any person or government entity in a tort or other | 227 |
civil action, including an action on a medical, dental, | 228 |
chiropractic, optometric, or other health-related claim, for | 229 |
injury, death, or loss to person or property that allegedly arises | 230 |
from an action or omission of the nonprofit health care referral | 231 |
organization in referring indigent and uninsured persons to, or | 232 |
arranging for the provision of, medical, dental, or other | 233 |
health-related diagnosis, care, or treatment by a health care | 234 |
professional described in division (B)(1) of this section or a | 235 |
health care worker described in division (C) of this section, | 236 |
unless the action or omission constitutes willful or wanton | 237 |
misconduct. | 238 |
(E) Subject to divisions (F) and (G)(3) of this section and | 239 |
to the extent that the registration requirements of section | 240 |
3701.071 of the Revised Code apply, a health care facility or | 241 |
location associated with a health care professional described in | 242 |
division (B)(1) of this section, a health care worker described in | 243 |
division (C) of this section, or a nonprofit health care referral | 244 |
organization described in division (D) of this section is not | 245 |
liable in damages to any person or government entity in a tort or | 246 |
other civil action, including an action on a medical, dental, | 247 |
chiropractic, optometric, or other health-related claim, for | 248 |
injury, death, or loss to person or property that allegedly arises | 249 |
from an action or omission of the health care professional or | 250 |
worker or nonprofit health care referral organization relative to | 251 |
the medical, dental, or other health-related diagnosis, care, or | 252 |
treatment provided to an indigent and uninsured person on behalf | 253 |
of or at the health care facility or location, unless the action | 254 |
or omission constitutes willful or wanton misconduct. | 255 |
(F)(1) Except as provided in division (F)(2) of this section, | 256 |
the immunities provided by divisions (B), (C), (D), and (E) of | 257 |
this section are not available to a health care professional, | 258 |
health care worker, nonprofit health care referral organization, | 259 |
or health care facility or location if, at the time of an alleged | 260 |
injury, death, or loss to person or property, the health care | 261 |
professionals or health care workers involved are providing one of | 262 |
the following: | 263 |
(a) Any medical, dental, or other health-related diagnosis, | 264 |
care, or treatment pursuant to a community service work order | 265 |
entered by a court under division (B) of section 2951.02 of the | 266 |
Revised Code or imposed by a court as a community control | 267 |
sanction; | 268 |
(b) Performance of an operation to which any one of the | 269 |
following applies: | 270 |
(i) The operation requires the administration of deep | 271 |
sedation or general anesthesia. | 272 |
(ii) The operation is a procedure that is not typically | 273 |
performed in an office. | 274 |
(iii) The individual involved is a health care professional, | 275 |
and the operation is beyond the scope of practice or the | 276 |
education, training, and competence, as applicable, of the health | 277 |
care professional. | 278 |
(c) Delivery of a baby or any other purposeful termination of | 279 |
a human pregnancy. | 280 |
(2) Division (F)(1) of this section does not apply when a | 281 |
health care professional or health care worker provides medical, | 282 |
dental, or other health-related diagnosis, care, or treatment that | 283 |
is necessary to preserve the life of a person in a medical | 284 |
emergency. | 285 |
(G)(1) This section does not create a new cause of action or | 286 |
substantive legal right against a health care professional, health | 287 |
care worker, nonprofit health care referral organization, or | 288 |
health care facility or location. | 289 |
(2) This section does not affect any immunities from civil | 290 |
liability or defenses established by another section of the | 291 |
Revised Code or available at common law to which a health care | 292 |
professional, health care worker, nonprofit health care referral | 293 |
organization, or health care facility or location may be entitled | 294 |
in connection with the provision of emergency or other medical, | 295 |
dental, or other health-related diagnosis, care, or treatment. | 296 |
(3) This section does not grant an immunity from tort or | 297 |
other civil liability to a health care professional, health care | 298 |
worker, nonprofit health care referral organization, or health | 299 |
care facility or location for actions that are outside the scope | 300 |
of authority of health care professionals or health care workers. | 301 |
(4) This section does not affect any legal responsibility of | 302 |
a health care professional, health care worker, or nonprofit | 303 |
health care referral organization to comply with any applicable | 304 |
law of this state or rule of an agency of this state. | 305 |
(5) This section does not affect any legal responsibility of | 306 |
a health care facility or location to comply with any applicable | 307 |
law of this state, rule of an agency of this state, or local code, | 308 |
ordinance, or regulation that pertains to or regulates building, | 309 |
housing, air pollution, water pollution, sanitation, health, fire, | 310 |
zoning, or safety. | 311 |
Sec. 3701.071. (A) As used in this section: | 312 |
(1) "Free clinic" means a nonprofit organization exempt from | 313 |
federal income taxation under section 501(c)(3) of the "Internal | 314 |
Revenue Code of 1986," as amended, or a program component of a | 315 |
nonprofit organization, to which both of the following apply: | 316 |
(a) Its primary mission is to provide health care services | 317 |
for free or for a minimal administrative fee to individuals with | 318 |
limited resources. | 319 |
(b) It facilitates the delivery of health care services | 320 |
through the use of volunteer health care professionals and | 321 |
voluntary care networks. | 322 |
(2) "Indigent and uninsured person" has the same meaning as | 323 |
in section 2305.234 of the Revised Code. | 324 |
| 325 |
charitable nonprofit corporation organized and operated pursuant | 326 |
to Chapter 1702. of the Revised Code, or any charitable | 327 |
organization not organized and not operated for profit, that | 328 |
provides shelter, health care services, or shelter and health care | 329 |
services to indigent and uninsured persons. "Nonprofit shelter or | 330 |
health care facility" includes any such shelter or facility that | 331 |
is operated as or includes a free clinic. "Nonprofit shelter or | 332 |
health care facility" does not include a hospital, as defined in | 333 |
section 3727.01 of the Revised Code, a facility licensed under | 334 |
Chapter 3721. of the Revised Code, or a medical facility that is | 335 |
operated for profit. | 336 |
(B) A nonprofit shelter or health care facility operating in | 337 |
this state shall register on the first day of January each year | 338 |
with the department of health. The immunity provided by division | 339 |
(E) of section 2305.234 of the Revised Code is not available to a | 340 |
nonprofit shelter or health care facility until the shelter or | 341 |
facility registers with the department in accordance with this | 342 |
section. | 343 |
(C) A nonprofit shelter or health care facility operating in | 344 |
this state shall keep records of all patients who receive medical, | 345 |
dental, or other health-related diagnosis, care, or treatment at | 346 |
the shelter or facility. The department of health shall monitor | 347 |
the quality of care provided to patients at nonprofit shelters or | 348 |
health care facilities. The monitoring program may be conducted by | 349 |
contracting with another entity or through any other method | 350 |
authorized by law. The department may solicit and accept funds | 351 |
from private sources to fund the monitoring program. | 352 |
Sec. 3701.072. (A) As used in this section, "free clinic" | 353 |
has the same meaning as in section 3701.071 of the Revised Code. | 354 |
(B) The department of health, on its internet web site, shall | 355 |
make information available regarding free clinics. The information | 356 |
shall include all of the following: | 357 |
(1) A description of what constitutes a free clinic; | 358 |
(2) The benefits that free clinics provide to the state's | 359 |
health care system, including the services they make available to | 360 |
both patients and health care providers; | 361 |
(3) A directory of free clinics, including for each clinic | 362 |
its address and contact information and its hours of operation; | 363 |
(4) A notice each time that a new free clinic is opened. | 364 |
(C) Each year, the department shall promote the designation | 365 |
under section 5.2290 of the Revised Code of December as "Free | 366 |
Clinic Appreciation Month." The promotion shall include the | 367 |
selection of a free clinic to be named as "free clinic of the | 368 |
year" and the selection of a physician, nurse, and dentist to be | 369 |
named as "free clinic volunteer of the year" in the respective | 370 |
professions. | 371 |
In conducting its promotion activities, the department may | 372 |
consult with entities that have interests in the services provided | 373 |
by and the benefits of free clinics, including the Ohio | 374 |
association of free clinics. | 375 |
Sec. 3702.71. As used in sections 3702.71 to 3702.81 of the | 376 |
Revised Code: | 377 |
(A) "Primary care physician" means an individual who is | 378 |
authorized under Chapter 4731. of the Revised Code to practice | 379 |
medicine and surgery or osteopathic medicine and surgery and is | 380 |
board certified or board eligible in a primary care specialty. | 381 |
(B) "Primary care service" means professional comprehensive | 382 |
personal health services, which may include health education and | 383 |
disease prevention, treatment of uncomplicated health problems, | 384 |
diagnosis of chronic health problems, overall management of health | 385 |
care services for an individual or a family, and the services of a | 386 |
psychiatrist. "Primary care service" also includes providing the | 387 |
initial contact for health care services and making referrals for | 388 |
secondary and tertiary care and for continuity of health care | 389 |
services. | 390 |
(C) "Primary care specialty" means general internal medicine, | 391 |
pediatrics, adolescent medicine, obstetrics and gynecology, | 392 |
psychiatry, child and adolescent psychiatry, geriatric psychiatry, | 393 |
combined internal medicine and pediatrics, geriatrics, or family | 394 |
practice. | 395 |
(D) "Free clinic" has the same meaning as in section 3701.071 | 396 |
of the Revised Code. | 397 |
Sec. 3702.74. (A) A primary care physician who has signed a | 398 |
letter of intent under section 3702.73 of the Revised Code and the | 399 |
director of health may enter into a contract for the physician's | 400 |
participation in the physician loan repayment program. The | 401 |
physician's employer or other funding source may also be a party | 402 |
to the contract. | 403 |
(B) The contract shall include all of the following | 404 |
obligations: | 405 |
(1) The primary care physician agrees to provide primary care | 406 |
services in the health resource shortage area identified in the | 407 |
letter of intent for at least two years; | 408 |
(2) When providing primary care services in the health | 409 |
resource shortage area, the primary care physician agrees to do | 410 |
all of the following: | 411 |
(a) Provide primary care services for a number of hours per | 412 |
week, as follows: | 413 |
(i) Except as provided in division (B)(2)(a)(ii) of this | 414 |
section, a minimum of forty hours per week, of which at least | 415 |
twenty-one hours will be spent providing patient care in an | 416 |
outpatient or ambulatory setting; | 417 |
(ii) A minimum of twenty-one hours per week if the services | 418 |
are to be provided solely in a health resource shortage area that | 419 |
is a free clinic. | 420 |
(b) | 421 |
minimum number of hours required under division (B) of this | 422 |
section, provide the services without regard to a patient's | 423 |
ability to pay; | 424 |
(c) Meet the requirements for a medicaid provider agreement | 425 |
and enter into the agreement with the department of medicaid to | 426 |
provide primary care services to medicaid recipients. | 427 |
(3) The department of health agrees, as provided in section | 428 |
3702.75 of the Revised Code, to repay, so long as the primary care | 429 |
physician performs the service obligation agreed to under division | 430 |
(B)(1) of this section, all or part of the principal and interest | 431 |
of a government or other educational loan taken by the primary | 432 |
care physician for expenses described in section 3702.75 of the | 433 |
Revised Code; | 434 |
(4) The primary care physician agrees to pay the department | 435 |
of health an amount established by rules adopted under section | 436 |
3702.79 of the Revised Code if the physician fails to complete the | 437 |
service obligation agreed to under division (B)(1) of this | 438 |
section. | 439 |
(C) The contract may include any other terms agreed upon by | 440 |
the parties. | 441 |
Sec. 3702.76. (A) The director of health shall designate, as | 442 |
health resource shortage areas, areas in this state that | 443 |
experience special health problems and physician practice patterns | 444 |
that limit access to medical care. | 445 |
division (B) of this section, the designations shall be made by | 446 |
rule | 447 |
more facilities within a particular area, or a population group | 448 |
within a particular area. The director shall consider for | 449 |
designation as a health resource shortage area, any area in this | 450 |
state that has been designated by the United States secretary of | 451 |
health and human services as a health manpower shortage area under | 452 |
Title III of the "Public Health Service Act," 58 Stat. 682 (1944), | 453 |
42 U.S.C.A. 201, as amended. | 454 |
(B) The director shall designate each free clinic as a health | 455 |
resource shortage area, regardless of whether the clinic is | 456 |
located in a geographic area that is designated as a health | 457 |
resource shortage area. | 458 |
Sec. 3702.85. (A) As used in sections 3702.85 to 3702.95 of | 459 |
the Revised Code, "free clinic" has the same meaning as in section | 460 |
3701.071 of the Revised Code. | 461 |
(B) There is hereby created the dentist loan repayment | 462 |
program, which shall be administered by the department of health | 463 |
in cooperation with the dentist loan repayment advisory board. The | 464 |
program shall provide loan repayment on behalf of individuals who | 465 |
agree to provide dental services in areas designated as dental | 466 |
health resource shortage areas by the director of health pursuant | 467 |
to section 3702.87 of the Revised Code. | 468 |
(C) Under the program, the department of health, by means of | 469 |
a contract entered into under section 3702.91 of the Revised Code, | 470 |
may agree to repay all or part of the principal and interest of a | 471 |
government or other educational loan taken by an individual for | 472 |
the following expenses incurred while the individual was enrolled | 473 |
in an accredited dental college or a dental college located | 474 |
outside of the United States that meets the standards of section | 475 |
4715.11 of the Revised Code: | 476 |
| 477 |
| 478 |
laboratory expenses that are for purposes and in amounts | 479 |
determined reasonable by the director of health; | 480 |
| 481 |
the director of health. | 482 |
Sec. 3702.87. (A) The director of health shall designate, as | 483 |
dental health resource shortage areas, areas in this state that | 484 |
experience special dental health problems and dentist practice | 485 |
patterns that limit access to dental care. | 486 |
in division (B) of this section, the designations shall be made by | 487 |
rule | 488 |
more facilities within a particular area, or a population group | 489 |
within a particular area. The director shall consider for | 490 |
designation as a dental health resource shortage area, any area in | 491 |
this state that has been designated by the United States secretary | 492 |
of health and human services as a health professional shortage | 493 |
area under Title III of the "Public Health Service Act," 58 Stat. | 494 |
682 (1944), 42 U.S.C. 201, as amended. | 495 |
(B) The director shall designate each free clinic as a dental | 496 |
health resource shortage area, regardless of whether the clinic is | 497 |
located in a geographic area that is designated as a dental health | 498 |
resource shortage area. | 499 |
Sec. 3702.91. (A) An individual who has signed a letter of | 500 |
intent under section 3702.90 of the Revised Code may enter into a | 501 |
contract with the director of health for participation in the | 502 |
dentist loan repayment program. The dentist's employer or other | 503 |
funding source may also be a party to the contract. | 504 |
(B) The contract shall include all of the following | 505 |
obligations: | 506 |
(1) The individual agrees to provide dental services in the | 507 |
dental health resource shortage area identified in the letter of | 508 |
intent for at least two years. | 509 |
(2) When providing dental services in the dental health | 510 |
resource shortage area, the individual agrees to do all of the | 511 |
following: | 512 |
(a) Provide dental services for a number of hours per week, | 513 |
as follows: | 514 |
(i) Except as provided in division (B)(2)(a)(ii) of this | 515 |
section, a minimum of forty hours per week; | 516 |
(ii) A minimum of twenty-one hours per week if the services | 517 |
are to be provided solely in a dental health resource shortage | 518 |
area that is a free clinic. | 519 |
(b) | 520 |
number of hours required under division (B) of this section, | 521 |
provide the services without regard to a patient's ability to pay; | 522 |
(c) Meet the requirements for a medicaid provider agreement | 523 |
and enter into the agreement with the department of medicaid to | 524 |
provide dental services to medicaid recipients. | 525 |
(3) The department of health agrees, as provided in section | 526 |
3702.85 of the Revised Code, to repay, so long as the individual | 527 |
performs the service obligation agreed to under division (B)(1) of | 528 |
this section, all or part of the principal and interest of a | 529 |
government or other educational loan taken by the individual for | 530 |
expenses described in section 3702.85 of the Revised Code. | 531 |
(4) The individual agrees to pay the department of health an | 532 |
amount established by rules adopted under section 3702.86 of the | 533 |
Revised Code, if the individual fails to complete the service | 534 |
obligation agreed to under division (B)(1) of this section. | 535 |
(C) The contract may include any other terms agreed upon by | 536 |
the parties. | 537 |
(D) Not later than the thirty-first day of January of each | 538 |
year, the department of health shall mail to each individual to | 539 |
whom or on whose behalf repayment is made under the dentist loan | 540 |
repayment program a statement showing the amount of principal and | 541 |
interest repaid by the department pursuant to the contract in the | 542 |
preceding year. The statement shall be sent by ordinary mail with | 543 |
address correction and forwarding requested in the manner | 544 |
prescribed by the United States postal service. | 545 |
Sec. 4715.42. (A)(1) As used in this section | 546 |
(a) "Free clinic" has the same meaning as in section 3701.071 | 547 |
of the Revised Code. | 548 |
(b) "Indigent and uninsured person" and "operation" have the | 549 |
same meanings as in section 2305.234 of the Revised Code. | 550 |
(2) For the purposes of this section, a person shall be | 551 |
considered retired from practice if the person's license has been | 552 |
surrendered or allowed to expire with the intention of ceasing to | 553 |
practice as a dentist or dental hygienist for remuneration. | 554 |
(B) Within thirty days after receiving an application for a | 555 |
volunteer's certificate that includes all of the items listed in | 556 |
divisions (C)(1), (2), and (3) of this section, the state dental | 557 |
board shall issue, without examination, a volunteer's certificate | 558 |
to a person who is retired from practice so that the person may | 559 |
provide dental services to indigent and uninsured persons at any | 560 |
location, including a free clinic. | 561 |
(C) An application for a volunteer's certificate shall | 562 |
include all of the following: | 563 |
(1) A copy of the applicant's degree from dental college or | 564 |
dental hygiene school. | 565 |
(2) One of the following, as applicable: | 566 |
(a) A copy of the applicant's most recent license to practice | 567 |
dentistry or dental hygiene issued by a jurisdiction in the United | 568 |
States that licenses persons to practice dentistry or dental | 569 |
hygiene. | 570 |
(b) A copy of the applicant's most recent license equivalent | 571 |
to a license to practice dentistry or dental hygiene in one or | 572 |
more branches of the United States armed services that the United | 573 |
States government issued. | 574 |
(3) Evidence of one of the following, as applicable: | 575 |
(a) The applicant has maintained for at least ten years prior | 576 |
to retirement full licensure in good standing in any jurisdiction | 577 |
in the United States that licenses persons to practice dentistry | 578 |
or dental hygiene. | 579 |
(b) The applicant has practiced as a dentist or dental | 580 |
hygienist in good standing for at least ten years prior to | 581 |
retirement in one or more branches of the United States armed | 582 |
services. | 583 |
(D) The holder of a volunteer's certificate may provide | 584 |
dental services only to indigent and uninsured persons, but may do | 585 |
so at any location, including a free clinic. The holder shall not | 586 |
accept any form of remuneration for providing dental services | 587 |
while in possession of the certificate. Except in a dental | 588 |
emergency, the holder shall not perform any operation. The board | 589 |
may revoke a volunteer's certificate on receiving proof | 590 |
satisfactory to the board that the holder has engaged in practice | 591 |
in this state outside the scope of the holder's certificate or | 592 |
that there are grounds for action against the person under section | 593 |
4715.30 of the Revised Code. | 594 |
(E)(1) A volunteer's certificate shall be valid for a period | 595 |
of three years, and may be renewed upon the application of the | 596 |
holder, unless the certificate was previously revoked under | 597 |
division (D) of this section. The board shall maintain a register | 598 |
of all persons who hold volunteer's certificates. The board shall | 599 |
not charge a fee for issuing or renewing a certificate pursuant to | 600 |
this section. | 601 |
(2) To be eligible for renewal of a volunteer's certificate, | 602 |
the holder of the certificate shall certify to the board | 603 |
completion of sixty hours of continuing dental education that | 604 |
meets the requirements of section 4715.141 of the Revised Code and | 605 |
the rules adopted under that section, or completion of eighteen | 606 |
hours of continuing dental hygiene education that meets the | 607 |
requirements of section 4715.25 of the Revised Code and the rules | 608 |
adopted under that section, as the case may be. The board may not | 609 |
renew a certificate if the holder has not complied with the | 610 |
appropriate continuing education requirements. Any entity for | 611 |
which the holder provides dental services may pay for or reimburse | 612 |
the holder for any costs incurred in obtaining the required | 613 |
continuing education credits. | 614 |
(3) The board shall issue to each person who qualifies under | 615 |
this section for a volunteer's certificate a wallet certificate | 616 |
and a wall certificate that state that the certificate holder is | 617 |
authorized to provide dental services pursuant to the laws of this | 618 |
state. The holder shall keep the wallet certificate on the | 619 |
holder's person while providing dental services and shall display | 620 |
the wall certificate prominently at the location where the holder | 621 |
primarily practices. | 622 |
(4) The holder of a volunteer's certificate issued pursuant | 623 |
to this section is subject to the immunity provisions regarding | 624 |
the provision of services to indigent and uninsured persons in | 625 |
section 2305.234 of the Revised Code. | 626 |
(F) The board shall adopt rules in accordance with Chapter | 627 |
119. of the Revised Code to administer and enforce this section. | 628 |
(G) | 629 |
630 | |
the board's | 631 |
volunteer's certificate under this section, a description of the | 632 |
application process, and a list of all items that are required by | 633 |
division (C) of this section to be submitted with the application. | 634 |
Sec. 4723.26. (A)(1) As used in this section: | 635 |
(a) "Free clinic" has the same meaning as in section 3701.071 | 636 |
of the Revised Code. | 637 |
(b) "Indigent and uninsured person" and "operation" have the | 638 |
same meanings as in section 2305.234 of the Revised Code. | 639 |
(2) For the purposes of this section, a person shall be | 640 |
considered retired from practice if the person's license has | 641 |
expired with the intention of ceasing to practice nursing as a | 642 |
registered nurse, licensed practical nurse, or advanced practice | 643 |
registered nurse for remuneration. | 644 |
(B) Within thirty days after receiving an application for a | 645 |
volunteer's certificate, the board of nursing shall issue, without | 646 |
examination, a volunteer's certificate to a qualified person who | 647 |
is retired from practice so that the person may provide nursing | 648 |
services to indigent and uninsured persons at any location, | 649 |
including a free clinic. | 650 |
(C) Except as provided in division (D) of this section, an | 651 |
application for a volunteer's certificate shall include all of the | 652 |
following: | 653 |
(1) A copy of the applicant's degree from a school of | 654 |
registered nursing or practical nursing; | 655 |
(2) One of the following, as applicable: | 656 |
(a) A copy or other evidence of the applicant's most recent | 657 |
license to practice nursing as a registered nurse or licensed | 658 |
practical nurse issued by a jurisdiction in the United States that | 659 |
licenses persons to practice nursing as a registered nurse or | 660 |
licensed practical nurse; | 661 |
(b) A copy or other evidence of the applicant's most recent | 662 |
license equivalent to a license to practice nursing as a | 663 |
registered nurse or licensed practical nurse in one or more | 664 |
branches of the United States armed services that the United | 665 |
States government issued. | 666 |
(3) Evidence of one of the following, as applicable: | 667 |
(a) The applicant has maintained for at least ten years prior | 668 |
to retirement a valid, unrestricted license in any jurisdiction in | 669 |
the United States that licenses persons to practice nursing as a | 670 |
registered nurse, licensed practical nurse, or advanced practice | 671 |
registered nurse. | 672 |
(b) The applicant has practiced nursing as a registered | 673 |
nurse, licensed practical nurse, or advanced practice registered | 674 |
nurse under a valid, unrestricted license for at least ten years | 675 |
prior to retirement in one or more branches of the United States | 676 |
armed services. | 677 |
(D) For an applicant retired from practice for at least ten | 678 |
years, the applicant shall do both of the following: | 679 |
(1) Certify to the board completion of continuing nursing | 680 |
education that meets the requirements of section 4723.24 of the | 681 |
Revised Code and the rules adopted under that section; | 682 |
(2) Submit a request to the bureau of criminal identification | 683 |
and investigation for a criminal records check and check of | 684 |
federal bureau of investigation records pursuant to section | 685 |
4723.091 of the Revised Code. | 686 |
(E) The holder of a volunteer's certificate may provide | 687 |
nursing services only to indigent and uninsured persons, but may | 688 |
do so at any location, including a free clinic. The holder shall | 689 |
not accept any form of remuneration for providing nursing services | 690 |
while in possession of the certificate. The board may suspend or | 691 |
revoke a volunteer's certificate on receiving proof satisfactory | 692 |
to the board that the holder has engaged in practice in this state | 693 |
outside the scope of the holder's certificate or that there are | 694 |
grounds for action against the person under section 4723.28 of the | 695 |
Revised Code. In revoking a certificate, the board may specify | 696 |
that the revocation is permanent. | 697 |
(F)(1) A volunteer's certificate shall be valid for a period | 698 |
of two years, and may be renewed upon the application of the | 699 |
holder, unless the certificate is suspended or revoked under | 700 |
division (E) of this section. The board shall maintain a register | 701 |
of all persons who hold volunteer's certificates. The board shall | 702 |
not charge a fee for issuing or renewing a certificate pursuant to | 703 |
this section. | 704 |
(2) To be eligible for renewal of a volunteer's certificate, | 705 |
the holder of the certificate shall certify to the board | 706 |
completion of continuing nursing education that meets the | 707 |
requirements of section 4723.24 of the Revised Code and the rules | 708 |
adopted under that section. The board may not renew a certificate | 709 |
if the holder has not complied with the appropriate continuing | 710 |
education requirements. Any entity for which the holder provides | 711 |
nursing services may pay for or reimburse the holder for any costs | 712 |
incurred in obtaining the required continuing education hours. | 713 |
(3) The holder of a volunteer's certificate issued pursuant | 714 |
to this section is subject to the immunity provisions regarding | 715 |
the provision of services to indigent and uninsured persons in | 716 |
section 2305.234 of the Revised Code. | 717 |
(G) The board shall adopt rules in accordance with Chapter | 718 |
119. of the Revised Code to administer and enforce this section. | 719 |
Sec. 4723.271. (A) Upon request of the holder of a nursing | 720 |
license, volunteer's certificate, certificate of authority, | 721 |
dialysis technician certificate, medication aide certificate, or | 722 |
community health worker certificate issued under this chapter, the | 723 |
presentment of proper identification as prescribed in rules | 724 |
adopted by the board of nursing, and payment of the fee authorized | 725 |
under section 4723.08 of the Revised Code, the board of nursing | 726 |
shall provide to the requestor a replacement copy of a wall | 727 |
certificate suitable for framing. | 728 |
(B) Upon request of the holder of a nursing license, | 729 |
volunteer's certificate, certificate of authority, certificate to | 730 |
prescribe, dialysis technician certificate, medication aide | 731 |
certificate, or community health worker certificate issued under | 732 |
this chapter and payment of the fee authorized under section | 733 |
4723.08 of the Revised Code, the board shall verify to an agency | 734 |
of another jurisdiction or foreign country the fact that the | 735 |
person holds such nursing license, volunteer's certificate, | 736 |
certificate of authority, certificate to prescribe, dialysis | 737 |
technician certificate, medication aide certificate, or community | 738 |
health worker certificate. | 739 |
Sec. 4731.295. (A)(1) As used in this section | 740 |
(a) "Free clinic" has the same meaning as in section 3701.071 | 741 |
of the Revised Code. | 742 |
(b) "Indigent and uninsured person" and "operation" have the | 743 |
same meanings as in section 2305.234 of the Revised Code. | 744 |
(2) For the purposes of this section, a person shall be | 745 |
considered retired from practice if the person's license or | 746 |
certificate has expired with the person's intention of ceasing to | 747 |
practice medicine and surgery or osteopathic medicine and surgery | 748 |
for remuneration. | 749 |
(B) The state medical board may issue, without examination, a | 750 |
volunteer's certificate to a person who is retired from practice | 751 |
so that the person may provide medical services to indigent and | 752 |
uninsured persons at any location, including a free clinic. The | 753 |
board shall deny issuance of a volunteer's certificate to a person | 754 |
who is not qualified under this section to hold a volunteer's | 755 |
certificate. | 756 |
(C) An application for a volunteer's certificate shall | 757 |
include all of the following: | 758 |
(1) A copy of the applicant's degree of medicine or | 759 |
osteopathic medicine. | 760 |
(2) One of the following, as applicable: | 761 |
(a) A copy of the applicant's most recent license or | 762 |
certificate authorizing the practice of medicine and surgery or | 763 |
osteopathic medicine and surgery issued by a jurisdiction in the | 764 |
United States that licenses persons to practice medicine and | 765 |
surgery or osteopathic medicine and surgery. | 766 |
(b) A copy of the applicant's most recent license equivalent | 767 |
to a license to practice medicine and surgery or osteopathic | 768 |
medicine and surgery in one or more branches of the United States | 769 |
armed services that the United States government issued. | 770 |
(3) Evidence of one of the following, as applicable: | 771 |
(a) That the applicant has maintained for at least ten years | 772 |
prior to retirement full licensure in good standing in any | 773 |
jurisdiction in the United States that licenses persons to | 774 |
practice medicine and surgery or osteopathic medicine and surgery. | 775 |
(b) That the applicant has practiced for at least ten years | 776 |
prior to retirement in good standing as a doctor of medicine and | 777 |
surgery or osteopathic medicine and surgery in one or more of the | 778 |
branches of the United States armed services. | 779 |
(4) A notarized statement from the applicant, on a form | 780 |
prescribed by the board, that the applicant will not accept any | 781 |
form of remuneration for any medical services rendered while in | 782 |
possession of a volunteer's certificate. | 783 |
(D) The holder of a volunteer's certificate may provide | 784 |
medical services only to indigent and uninsured persons, but may | 785 |
do so at any location, including a free clinic. The holder shall | 786 |
not accept any form of remuneration for providing medical services | 787 |
while in possession of the certificate. Except in a medical | 788 |
emergency, the holder shall not perform any operation or deliver | 789 |
babies. The board may revoke a volunteer's certificate on | 790 |
receiving proof satisfactory to the board that the holder has | 791 |
engaged in practice in this state outside the scope of the | 792 |
certificate. | 793 |
(E)(1) A volunteer's certificate shall be valid for a period | 794 |
of three years, unless earlier revoked under division (D) of this | 795 |
section or pursuant to section 4731.22 of the Revised Code. A | 796 |
volunteer's certificate may be renewed upon the application of the | 797 |
holder. The board shall maintain a register of all persons who | 798 |
hold volunteer's certificates. The board shall not charge a fee | 799 |
for issuing or renewing a certificate pursuant to this section. | 800 |
(2) To be eligible for renewal of a volunteer's certificate | 801 |
the holder of the certificate shall certify to the board | 802 |
completion of one hundred fifty hours of continuing medical | 803 |
education that meets the requirements of section 4731.281 of the | 804 |
Revised Code regarding certification by private associations and | 805 |
approval by the board. The board may not renew a certificate if | 806 |
the holder has not complied with the continuing medical education | 807 |
requirements. Any entity for which the holder provides medical | 808 |
services may pay for or reimburse the holder for any costs | 809 |
incurred in obtaining the required continuing medical education | 810 |
credits. | 811 |
(3) The board shall issue to each person who qualifies under | 812 |
this section for a volunteer's certificate a wallet certificate | 813 |
and a wall certificate that state that the certificate holder is | 814 |
authorized to provide medical services pursuant to the laws of | 815 |
this state. The holder shall keep the wallet certificate on the | 816 |
holder's person while providing medical services and shall display | 817 |
the wall certificate prominently at the location where the holder | 818 |
primarily practices. | 819 |
(4) The holder of a volunteer's certificate issued pursuant | 820 |
to this section is subject to the immunity provisions regarding | 821 |
the provision of services to indigent and uninsured persons in | 822 |
section 2305.234 of the Revised Code. | 823 |
(F) The board shall adopt rules in accordance with Chapter | 824 |
119. of the Revised Code to administer and enforce this section. | 825 |
Section 2. That existing sections 2305.234, 3701.071, | 826 |
3702.71, 3702.74, 3702.76, 3702.85, 3702.87, 3702.91, 4715.42, | 827 |
4723.271, and 4731.295 of the Revised Code are hereby repealed. | 828 |