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.
Spectrum: Partisan Bill (Republican 9-0)
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 |
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Cosponsors:
Senators Schaffer, Stewart, Obhof, Jordan, Lehner, Gillmor, Widener
A BILL
| To enact section 2305.2310 of the Revised Code to | 1 |
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grant qualified civil immunity to a physician, | 2 |
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physician assistant, dentist, or optometrist who | 3 |
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provides emergency medical, dental, or optometric | 4 |
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services, first-aid treatment, or other emergency | 5 |
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professional care in compliance with the federal | 6 |
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Emergency Medical Treatment and Active Labor Act | 7 |
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or as a result of a disaster and to a certified | 8 |
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nurse-midwife, certified nurse practitioner, | 9 |
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clinical nurse specialist, or registered nurse who | 10 |
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provides emergency services, first-aid treatment, | 11 |
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or other emergency professional care as a result | 12 |
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of a disaster and to provide that these provisions | 13 |
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do not apply to wrongful death actions. | 14 |
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: | 17 |
(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 |