Bill Text: OH SB129 | 2011-2012 | 129th General Assembly | Introduced

Ohio Senate Bill 129 (Prior Session Legislation)

Introduced

Bill Title: 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.

Sponsorship: Partisan Bill (Republican 9)

Status: (Introduced - Dead) 2011-03-22 - To Judiciary Civil Justice [SB129 Detail]

Download: Ohio-2011-SB129-Introduced.html

As Introduced

129th General Assembly

Regular Session

2011-2012

S. B. No. 129

Senators Bacon, Hite

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	15
enacted to read as follows:	16

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

(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," "dental claim," and "optometric claim"	24
have the same meanings as in section 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, dental, or optometric services, whichever are applicable,	34
means conduct that a physician, physician assistant, dentist, or	35
optometrist knew or should have known, at the time those services	36
were rendered, created an unreasonable risk of injury, death, or	37
loss to person or property so as to affect the life or health of	38
another and that risk was substantially greater than that which is	39
necessary to make the 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, dental claim, or optometric 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, dental, or optometric services,	52
whichever are applicable, first-aid treatment, or other emergency	53
professional care, including the provision of any medication or	54
other medical, dental, or optometric product, in compliance with	55
the "Emergency Medical Treatment and Active Labor Act," 100 Stat.	56
164 (1986), 42 U.S.C. 1395dd, as amended, is not liable in damages	57
to any person in a tort action for injury, death, or loss to	58
person or property that allegedly arises from an act or omission	59
of the physician, physician assistant, dentist, or optometrist in	60
the physician's, physician assistant's, dentist's, or	61
optometrist's provision of those services or that treatment or	62
care if that act or omission does not constitute a reckless	63
disregard for the consequences so as to affect the life or health	64
of the patient.	65

(2) Subject to division (C)(3) of this section, a physician,	66
physician assistant, dentist, or optometrist who provides	67
emergency medical, dental, or optometric services, whichever are	68
applicable, first-aid treatment, or other emergency professional	69
care, including the provision of any medication or other medical,	70
dental, or optometric product, as a result of a disaster is not	71
liable in damages to any person in a tort action for injury,	72
death, or loss to person or property that allegedly arises from an	73
act or omission of the physician, physician assistant, dentist, or	74
optometrist in the physician's, physician assistant's, dentist's,	75
or optometrist's provision of those services or that treatment or	76
care if that act or omission does not constitute willful or wanton	77
misconduct.	78

(3) Subject to division (C)(3) of this section, a certified	79
nurse-midwife, certified nurse practitioner, clinical nurse	80
specialist, or registered nurse who provides emergency services,	81
first-aid treatment, or other emergency professional care,	82
including the administration or provision of any medication or	83
other medical product, as a result of a disaster is not liable in	84
damages to any person in a tort action for injury, death, or loss	85
to person or property that allegedly arises from an act or	86
omission of the certified nurse-midwife, certified nurse	87
practitioner, clinical nurse specialist, or registered nurse in	88
the provision of those services or that treatment or care if that	89
act or omission does not constitute willful or wanton misconduct.	90

(C)(1) This section does not create a new cause of action or	91
substantive legal right against a physician, physician assistant,	92
dentist, optometrist, certified nurse-midwife, certified nurse	93
practitioner, clinical nurse specialist, or registered nurse.	94

(2) This section does not affect any immunities from civil	95
liability or defenses established by another section of the	96
Revised Code or available at common law to which a physician,	97
physician assistant, dentist, or optometrist may be entitled in	98
connection with the provision of emergency medical, dental, or	99
optometric services, whichever are applicable, first-aid	100
treatment, or other emergency professional care. This section does	101
not affect any immunities from civil liability or defenses	102
established by another section of the Revised Code or available at	103
common law to which a certified nurse-midwife, certified nurse	104
practitioner, clinical nurse specialist, or registered nurse may	105
be entitled in connection with the provision of emergency	106
services, first-aid treatment, or other emergency professional	107
care.	108

(3) This section does not grant an immunity from tort or	109
other civil liability to a physician, physician assistant,	110
dentist, or optometrist for actions that are outside the scope of	111
authority of the physician, physician assistant, dentist, or	112
optometrist. This section does not grant an immunity from tort or	113
other civil liability to a certified nurse-midwife, certified	114
nurse practitioner, clinical nurse specialist, or registered nurse	115
for actions that are outside the scope of authority of the	116
certified nurse-midwife, certified nurse practitioner, clinical	117
nurse specialist, or registered nurse.	118

(4) This section does not affect any legal responsibility of	119
a physician, physician assistant, dentist, optometrist, certified	120
nurse-midwife, certified nurse practitioner, clinical nurse	121
specialist, or registered nurse to comply with any applicable law	122
of this state or rule of an agency of this state.	123

(D) This section does not apply to a tort action alleging	124
wrongful death against a physician, physician assistant, dentist,	125
or optometrist who provides emergency medical, dental, or	126
optometric services, whichever are applicable, first-aid	127
treatment, or other emergency medical care, including the	128
provision of any medication or other medical, dental, or	129
optometric product that allegedly arises from an act or omission	130
of the physician, physician assistant, dentist, or optometrist in	131
the physician's, physician assistant's, dentist's, or	132
optometrist's provision of those services or that treatment or	133
care or as a result of a disaster or against a certified	134
nurse-midwife, certified nurse practitioner, clinical nurse	135
specialist, or registered nurse who provides emergency services,	136
first-aid treatment, or other emergency professional care,	137
including the administration or provision of any medication or	138
other medical product, as a result of a disaster.	139