Bill Text: OH SB86 | 2009-2010 | 128th General Assembly | Engrossed

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Bill Title: 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.

Spectrum: Strong Partisan Bill (Republican 17-1)

Status: (Engrossed - Dead) 2010-05-19 - Passed 3rd Consideration House [SB86 Detail]

Download: Ohio-2009-SB86-Engrossed.html

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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 

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A BILL

To enact section 2305.2310 of the Revised Code to

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grant qualified civil immunity to a physician,

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physician assistant, dentist, or optometrist who

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provides emergency medical services, first-aid

4

treatment, or other emergency professional care in

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compliance with the federal Emergency Medical

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Treatment and Active Labor Act or as a result of a

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disaster and to a certified nurse-midwife,

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certified nurse practitioner, clinical nurse

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specialist, or registered nurse who provides

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emergency services, first-aid treatment, or other

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emergency professional care as a result of a

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disaster and to provide that these provisions do

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not apply to wrongful death actions.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2305.2310 of the Revised Code be	15
enacted to read as follows:	16

Sec. 2305.2310. (A) As used in this section:

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(1) "Dentist" has the same meaning as in section 2305.231 of	18
the Revised Code.	19

(2) "Disaster" means any imminent threat or actual occurrence	20
of widespread or severe damage to or loss of property, personal	21
hardship or injury, or loss of life that results from any natural	22
phenomenon or act of a human.	23

(3) "Medical claim" has the same meaning as in section	24
2305.113 of the Revised Code.	25

(4) "Optometrist" means a person who is licensed under	26
Chapter 4725. of the Revised Code to practice optometry.	27

(5) "Physician" means an individual authorized under Chapter	28
4731. of the Revised Code to practice medicine and surgery,	29
osteopathic medicine and surgery, or podiatric medicine and	30
surgery.	31

(6) "Reckless disregard" as it applies to a given physician,	32
physician assistant, dentist, or optometrist rendering emergency	33
medical services means conduct that a physician, physician	34
assistant, dentist, or optometrist knew or should have known, at	35
the time those services were rendered, created an unreasonable	36
risk of injury, death, or loss to person or property so as to	37
affect the life or health of another and that risk was	38
substantially greater than that which is necessary to make the	39
conduct negligent.	40

(7) "Registered nurse" means an individual who holds a	41
current, valid license issued under Chapter 4723. of the Revised	42
Code that authorizes the practice of nursing as a registered	43
nurse.	44

(8) "Tort action" means a civil action for damages for	45
injury, death, or loss to person or property other than a civil	46
action for damages for a breach of contract or another agreement	47
between persons or governmental entities. "Tort action" includes	48
an action on a medical claim.	49

(B)(1) Subject to division (C)(3) of this section, a	50
physician, physician assistant, dentist, or optometrist who	51
provides emergency medical services, first-aid treatment, or other	52
emergency professional care, including the provision of any	53
medication or other medical product, in compliance with the	54
"Emergency Medical Treatment and Active Labor Act," 100 Stat. 164	55
(1986), 42 U.S.C. 1395dd, as amended, is not liable in damages to	56
any person in a tort action for injury, death, or loss to person	57
or property that allegedly arises from an act or omission of the	58
physician, physician assistant, dentist, or optometrist in the	59
physician's, physician assistant's, dentist's, or optometrist's	60
provision of those services or that treatment or care if that act	61
or omission does not constitute a reckless disregard for the	62
consequences so as to affect the life or health of the patient.	63

(2) Subject to division (C)(3) of this section, a physician,	64
physician assistant, dentist, or optometrist who provides	65
emergency medical services, first-aid treatment, or other	66
emergency professional care, including the provision of any	67
medication or other medical product, as a result of a disaster is	68
not liable in damages to any person in a tort action for injury,	69
death, or loss to person or property that allegedly arises from an	70
act or omission of the physician, physician assistant, dentist, or	71
optometrist in the physician's, physician assistant's, dentist's,	72
or optometrist's provision of those services or that treatment or	73
care if that act or omission does not constitute willful or wanton	74
misconduct.	75

(3) Subject to division (C)(3) of this section, a certified	76
nurse-midwife, certified nurse practitioner, clinical nurse	77
specialist, or registered nurse who provides emergency services,	78
first-aid treatment, or other emergency professional care,	79
including the administration or provision of any medication or	80
other medical product, as a result of a disaster is not liable in	81
damages to any person in a tort action for injury, death, or loss	82
to person or property that allegedly arises from an act or	83
omission of the certified nurse-midwife, certified nurse	84
practitioner, clinical nurse specialist, or registered nurse in	85
the provision of those services or that treatment or care if that	86
act or omission does not constitute willful or wanton misconduct.	87

(C)(1) This section does not create a new cause of action or	88
substantive legal right against a physician, physician assistant,	89
dentist, optometrist, certified nurse-midwife, certified nurse	90
practitioner, clinical nurse specialist, or registered nurse.	91

(2) This section does not affect any immunities from civil	92
liability or defenses established by another section of the	93
Revised Code or available at common law to which a physician,	94
physician assistant, dentist, or optometrist may be entitled in	95
connection with the provision of emergency medical services,	96
first-aid treatment, or other emergency professional care. This	97
section does not affect any immunities from civil liability or	98
defenses established by another section of the Revised Code or	99
available at common law to which a certified nurse-midwife,	100
certified nurse practitioner, clinical nurse specialist, or	101
registered nurse may be entitled in connection with the provision	102
of emergency services, first-aid treatment, or other emergency	103
professional care.	104

(3) This section does not grant an immunity from tort or	105
other civil liability to a physician, physician assistant,	106
dentist, or optometrist for actions that are outside the scope of	107
authority of the physician, physician assistant, dentist, or	108
optometrist. This section does not grant an immunity from tort or	109
other civil liability to a certified nurse-midwife, certified	110
nurse practitioner, clinical nurse specialist, or registered nurse	111
for actions that are outside the scope of authority of the	112
certified nurse-midwife, certified nurse practitioner, clinical	113
nurse specialist, or registered nurse.	114

(4) This section does not affect any legal responsibility of	115
a physician, physician assistant, dentist, optometrist, certified	116
nurse-midwife, certified nurse practitioner, clinical nurse	117
specialist, or registered nurse to comply with any applicable law	118
of this state or rule of an agency of this state.	119

(D) This section does not apply to a tort action alleging	120
wrongful death against a physician, physician assistant, dentist,	121
or optometrist who provides emergency medical services, first-aid	122
treatment, or other emergency medical care, including the	123
provision of any medication or other medical product that	124
allegedly arises from an act or omission of the physician,	125
physician assistant, dentist, or optometrist in the physician's,	126
physician assistant's, dentist's, or optometrist's provision of	127
those services or that treatment or care or as a result of a	128
disaster or against a certified nurse-midwife, certified nurse	129
practitioner, clinical nurse specialist, or registered nurse who	130
provides emergency services, first-aid treatment, or other	131
emergency professional care, including the administration or	132
provision of any medication or other medical product, as a result	133
of a disaster.	134