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
As Passed by the Senate
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Coughlin, Faber, Gibbs, Goodman, Husted, Schaffer, Schuler, Schuring, Stewart, Widener, Carey, Harris, Hughes, Niehaus, Patton, Seitz
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 services, first-aid | 4 |
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treatment, or other emergency professional care in | 5 |
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compliance with the federal Emergency Medical | 6 |
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Treatment and Active Labor Act or as a result of a | 7 |
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disaster and to a certified nurse-midwife, | 8 |
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certified nurse practitioner, clinical nurse | 9 |
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specialist, or registered nurse who provides | 10 |
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emergency services, first-aid treatment, or other | 11 |
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emergency professional care as a result of a | 12 |
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disaster and to provide that these provisions do | 13 |
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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" 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 |