Ohio § 2305.234
Full text of Ohio Ohio Revised Code § 2305.234, with citation guidance and answers to common questions.
§ 2305.234.
(A) As used in this section: (1) “Chiropractic claim,” “medical claim,” and “optometric claim” have the same meanings
as in section 2305.113 of the Revised Code . (2) “Dental claim” has the same meaning as in section 2305.113 of the Revised Code , except that it does not include any claim arising out of a dental operation or any
derivative claim for relief that arises out of a dental operation. (3) “Governmental health care program” has the same meaning as in section 4731.65 of the Revised Code . (4) “ Health care facility or location ” means a hospital, clinic, ambulatory surgical facility, office of a health care
professional or associated group of health care professionals, training institution
for health care professionals, a free clinic or other nonprofit shelter or health
care facility as those terms are defined in section 3701.071 of the Revised Code , or any other place where medical, dental, or other health-related diagnosis, care,
or treatment is provided to a person. (5) “ Health care professional ” means any of the following who provide medical, dental, or other health-related
diagnosis, care, or treatment: (a) Physicians authorized under Chapter 4731. of the Revised Code to practice medicine
and surgery or osteopathic medicine and surgery; (b) Advanced practice registered nurses, registered nurses, and licensed practical nurses
licensed under Chapter 4723. of the Revised Code; (c) Physician assistants authorized to practice under Chapter 4730. of the Revised Code; (d) Dentists and dental hygienists licensed under Chapter 4715. of the Revised Code; (e) Physical therapists, physical therapist assistants, occupational therapists, occupational
therapy assistants, and athletic trainers licensed under Chapter 4755. of the Revised
Code; (f) Chiropractors licensed under Chapter 4734. of the Revised Code; (g) Optometrists licensed under Chapter 4725. of the Revised Code; (h) Podiatrists authorized under Chapter 4731. of the Revised Code to practice podiatry; (i) Dietitians licensed under Chapter 4759. of the Revised Code; (j) Pharmacists licensed under Chapter 4729. of the Revised Code; (k) Emergency medical technicians-basic, emergency medical technicians-intermediate,
and emergency medical technicians-paramedic, certified under Chapter 4765. of the
Revised Code; (l) Respiratory care professionals licensed under Chapter 4761. of the Revised Code; (m) Speech-language pathologists and audiologists licensed under Chapter 4753. of the
Revised Code; (n) Licensed professional clinical counselors, licensed professional counselors, independent
social workers, social workers, independent marriage and family therapists, and marriage
and family therapists, licensed under Chapter 4757. of the Revised Code; (o) Psychologists licensed under Chapter 4732. of the Revised Code; (p) Independent chemical dependency counselors-clinical supervisors, independent chemical
dependency counselors, chemical dependency counselors III, and chemical dependency
counselors II, licensed under Chapter 4758. of the Revised Code, and chemical dependency
counselor assistants, prevention consultants, prevention specialists, prevention specialist
assistants, and registered applicants, certified under that chapter; (q) Certified mental health assistants licensed under Chapter 4772. of the Revised Code. (6) “ Health care worker ” means a person other than a health care professional who provides medical, dental,
or other health-related care or treatment under the direction of a health care professional
with the authority to direct that individual's activities, including medical technicians,
medical assistants, dental assistants, orderlies, aides, and individuals acting in
similar capacities. (7) “ Indigent and uninsured person ” means a person who meets both of the following requirements: (a) Relative to being indigent, the person's income is not greater than two hundred per
cent of the federal poverty line, as defined by the United States office of management
and budget and revised in accordance with section 673(2) of the “Omnibus Budget Reconciliation
Act of 1981,” 95 Stat. 511, 42 U.S.C. 9902 , as amended, except in any case in which division (A)(7)(b)(iii) of this section
includes a person whose income is greater than two hundred per cent of the federal
poverty line. (b) Relative to being uninsured, one of the following applies: (i) The person is not a policyholder, certificate holder, insured, contract holder, subscriber,
enrollee, member, beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan. (ii) The person is a policyholder, certificate holder, insured, contract holder, subscriber,
enrollee, member, beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan, but the insurer, policy, contract, or plan
denies coverage or is the subject of insolvency or bankruptcy proceedings in any jurisdiction. (iii) Until June 30, 2019, the person is eligible for the medicaid program or is a medicaid
recipient. (iv) Except as provided in division (A)(7)(b)(iii) of this section, the person is not
eligible for or a recipient, enrollee, or beneficiary of any governmental health care
program. (8) “ Nonprofit health care referral organization ” means an entity that is not operated for profit and refers patients to, or arranges
for the provision of, health-related diagnosis, care, or treatment by a health care
professional or health care worker. (9) “ Operation ” means any procedure that involves cutting or otherwise infiltrating human tissue
by mechanical means, including surgery, laser surgery, ionizing radiation, therapeutic
ultrasound, or the removal of intraocular foreign bodies. “ Operation ” does not include the administration of medication by injection, unless the injection
is administered in conjunction with a procedure infiltrating human tissue by mechanical
means other than the administration of medicine by injection. “Operation” does not include routine dental restorative procedures, the scaling
of teeth, or extractions of teeth that are not impacted. (10) “ Tort action ” means a civil action for damages for injury, death, or loss to person or property
other than a civil action for damages for a breach of contract or another agreement
between persons or government entities. (11) “ Volunteer ” means an individual who provides any medical, dental, or other health-care related
diagnosis, care, or treatment without the expectation of receiving and without receipt
of any compensation or other form of remuneration from an indigent and uninsured person,
another person on behalf of an indigent and uninsured person, any health care facility
or location, any nonprofit health care referral organization, or any other person
or government entity. (12) “Community control sanction” has the same meaning as in section 2929.01 of the Revised Code . (13) “ Deep sedation ” means a drug-induced depression of consciousness during which a patient cannot be
easily aroused but responds purposefully following repeated or painful stimulation,
a patient's ability to independently maintain ventilatory function may be impaired,
a patient may require assistance in maintaining a patent airway and spontaneous ventilation
may be inadequate, and cardiovascular function is usually maintained. (14) “ General anesthesia ” means a drug-induced loss of consciousness during which a patient is not arousable,
even by painful stimulation, the ability to independently maintain ventilatory function
is often impaired, a patient often requires assistance in maintaining a patent airway,
positive pressure ventilation may be required because of depressed spontaneous ventilation
or drug-induced depression of neuromuscular function, and cardiovascular function
may be impaired. (B)(1) Subject to divisions (F) and (G)(3) of this section, a health care professional who
is a volunteer and complies with division (B)(2) of this section is not liable in
damages to any person or government entity in a tort or other civil action, including
an action on a medical, dental, chiropractic, optometric, or other health-related
claim, for injury, death, or loss to person or property that allegedly arises from
an action or omission of the volunteer in the provision to an indigent and uninsured
person of medical, dental, or other health-related diagnosis, care, or treatment,
including the provision of samples of medicine and other medical products, unless
the action or omission constitutes willful or wanton misconduct. (2) To qualify for the immunity described in division (B)(1) of this section, a health
care professional shall do all of the following prior to providing diagnosis, care,
or treatment: (a) Determine, in good faith, that the indigent and uninsured person is mentally capable
of giving informed consent to the provision of the diagnosis, care, or treatment and
is not subject to duress or under undue influence; (b) Inform the person of the provisions of this section, including notifying the person
that, by giving informed consent to the provision of the diagnosis, care, or treatment,
the person cannot hold the health care professional liable for damages in a tort or
other civil action, including an action on a medical, dental, chiropractic, optometric,
or other health-related claim, unless the action or omission of the health care professional
constitutes willful or wanton misconduct; (c) Obtain the informed consent of the person and a written waiver, signed by the person
or by another individual on behalf of and in the presence of the person, that states
that the person is mentally competent to give informed consent and, without being
subject to duress or under undue influence, gives informed consent to the provision
of the diagnosis, care, or treatment subject to the provisions of this section. A written waiver under division (B)(2)(c) of this section shall state clearly and
in conspicuous type that the person or other individual who signs the waiver is signing
it with full knowledge that, by giving informed consent to the provision of the diagnosis,
care, or treatment, the person cannot bring a tort or other civil action, including
an action on a medical, dental, chiropractic, optometric, or other health-related
claim, against the health care professional unless the action or omission of the health
care professional constitutes willful or wanton misconduct. (3) A physician or podiatrist who is not covered by medical malpractice insurance, but
complies with division (B)(2) of this section, is not required to comply with division (A) of section 4731.143 of the Revised Code . (C) Subject to divisions (F) and (G)(3) of this section, health care workers who are
volunteers are not liable in damages to any person or government entity in a tort
or other civil action, including an action upon a medical, dental, chiropractic, optometric,
or other health-related claim, for injury, death, or loss to person or property that
allegedly arises from an action or omission of the health care worker in the provision
to an indigent and uninsured person of medical, dental, or other health-related diagnosis,
care, or treatment, unless the action or omission constitutes willful or wanton misconduct. (D) Subject to divisions (F) and (G)(3) of this section, a nonprofit health care referral
organization is not liable in damages to any person or government entity in a tort
or other civil action, including an action on a medical, dental, chiropractic, optometric,
or other health-related claim, for injury, death, or loss to person or property that
allegedly arises from an action or omission of the nonprofit health care referral
organization in referring indigent and uninsured persons to, or arranging for the
provision of, medical, dental, or other health-related diagnosis, care, or treatment
by a health care professional described in division (B)(1) of this section or a health
care worker described in division (C) of this section, unless the action or omission
constitutes willful or wanton misconduct. (E) Subject to divisions (F) and (G)(3) of this section and to the extent that the registration
requirements of section 3701.071 of the Revised Code apply, a health care facility or location associated with a health care professional
described in division (B)(1) of this section, a health care worker described in division
(C) of this section, or a nonprofit health care referral organization described in
division (D) of this section is not liable in damages to any person or government
entity in a tort or other civil action, including an action on a medical, dental,
chiropractic, optometric, or other health-related claim, for injury, death, or loss
to person or property that allegedly arises from an action or omission of the health
care professional or worker or nonprofit health care referral organization relative
to the medical, dental, or other health-related diagnosis, care, or treatment provided
to an indigent and uninsured person on behalf of or at the health care facility or
location, unless the action or omission constitutes willful or wanton misconduct. (F)(1) Except as provided in division (F)(2) of this section, the immunities provided by
divisions (B), (C), (D), and (E) of this section are not available to a health care
professional, health care worker, nonprofit health care referral organization, or
health care facility or location if, at the time of an alleged injury, death, or loss
to person or property, the health care professionals or health care workers involved
are providing one of the following: (a) Any medical, dental, or other health-related diagnosis, care, or treatment pursuant
to a community service work order entered by a court under division (B) of section 2951.02 of the Revised Code or imposed by a court as a community control sanction; (b) Performance of an operation to which any one of the following applies: (i) The operation requires the administration of deep sedation or general anesthesia. (ii) The operation is a procedure that is not typically performed in an office. (iii) The individual involved is a health care professional, and the operation is beyond
the scope of practice or the education, training, and competence, as applicable, of
the health care professional. (c) Delivery of a baby or any other purposeful termination of a human pregnancy. (2) Division (F)(1) of this section does not apply when a health care professional or
health care worker provides medical, dental, or other health-related diagnosis, care,
or treatment that is necessary to preserve the life of a person in a medical emergency. (G)(1) This section does not create a new cause of action or substantive legal right against
a health care professional, health care worker, nonprofit health care referral organization,
or health care facility or location. (2) This section does not affect any immunities from civil liability or defenses established
by another section of the Revised Code or available at common law to which a health
care professional, health care worker, nonprofit health care referral organization,
or health care facility or location may be entitled in connection with the provision
of emergency or other medical, dental, or other health-related diagnosis, care, or
treatment. (3) This section does not grant an immunity from tort or other civil liability to a health
care professional, health care worker, nonprofit health care referral organization,
or health care facility or location for actions that are outside the scope of authority
of health care professionals or health care workers. In the case of the diagnosis, care, or treatment of an indigent and uninsured person
who is eligible for the medicaid program or is a medicaid recipient, this section
grants an immunity from tort or other civil liability only if the person's diagnosis,
care, or treatment is provided in a free clinic, as defined in section 3701.071 of the Revised Code . (4) This section does not affect any legal responsibility of a health care professional,
health care worker, or nonprofit health care referral organization to comply with
any applicable law of this state or rule of an agency of this state. (5) This section does not affect any legal responsibility of a health care facility or
location to comply with any applicable law of this state, rule of an agency of this
state, or local code, ordinance, or regulation that pertains to or regulates building,
housing, air pollution, water pollution, sanitation, health, fire, zoning, or safety.
Frequently Asked Questions About Ohio § 2305.234
What does Ohio Revised Code § 2305.234 cover?
Section 2305.234 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2305.234?
A common citation format is "Ohio Revised Code § 2305.234" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2305.234 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.