Ohio § 2305.33

§ 2305.33.

(A) As used in this section: (1) “ Bus ” has the same meaning as in section 4511.78 of the Revised Code . (2) “ Business of public transportation ” means a business that includes among its functions the transporting of passengers

in interstate or intrastate commerce by aircraft, railroad train, school or other

bus, taxicab, or other type of common carrier, whether or not a charge is imposed

for the transportation. “ Business of public transportation ” includes, but is not limited to, an Ohio transit system. (3) “ Civil action ” means a tort or contract action for damages for harm. (4) “ Employee ” means an individual who is employed by an employer to operate any aircraft, railroad

train, school or other bus, taxicab, or other type of common carrier. (5) “ Employer ” means a person that is engaged in the business of public transportation. (6) “ Harm ” means injury, death, or loss to person or property. (7) “ Ohio transit system ” means a county transit system operated in accordance with sections 306.01 to 306.13 of the Revised Code , a regional transit authority operated in accordance with sections 306.30 to 306.71 of the Revised Code , a regional transit commission operated in accordance with sections 306.80 to 306.90 of the Revised Code , any municipally owned transportation system, and any mass transit company that operates

exclusively within the territorial limits of a municipal corporation, or within the

territorial limits of a municipal corporation and one or more municipal corporations

immediately contiguous to that municipal corporation. (8) “ Physician ” means a person who is licensed pursuant to Chapter 4731. of the Revised Code to

practice medicine or surgery or osteopathic medicine and surgery. (9) “ Prescription ” has the same meaning as in section 4729.01 of the Revised Code . (10) “ School bus ” has the same meaning as in section 4511.01 of the Revised Code . (11) “ 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. “ Tort action ” includes, but is not limited to, a civil action for damages against a physician

on the ground of a breach of the confidentiality of the physician-patient relationship. (B) A physician is not liable in damages in a civil action for harm that allegedly is

incurred by an employee as a result of the physician reporting any of the following

to the employer of the employee: (1) The physician has determined that the employee is using a drug of abuse dispensed

pursuant to a prescription and that the employee's use of the drug of abuse represents

a potential risk of harm to passengers on any aircraft, railroad train, school or

other bus, taxicab, or other type of common carrier operated by the employee; (2) The physician has determined that the employee is using a drug of abuse otherwise

than pursuant to a prescription. (3) The physician has determined that the employee has a condition, other than one involving

the use of a drug of abuse, that represents a potential risk of harm to passengers

on any aircraft, railroad train, school or other bus, taxicab, or other type of common

carrier operated by the employee. (C)(1) This section does not create, and shall not be construed as creating, a new cause

of action or substantive legal right against a physician and in favor of an employee

who was a patient of the physician, who was the subject of a report described in division

(B) of this section, and who allegedly sustained harm as a result of the report, or

in favor of any other person who allegedly sustained harm as a result of the report. (2) This section does not impose, and shall not be construed as imposing, a duty upon

a physician to make a report as described in division (B) of this section to an employer

of an employee who the physician determines is using a drug of abuse dispensed pursuant

to a prescription or is using a drug of abuse other than pursuant to a prescription,

or who the physician determines has a condition, other than one involving the use

of a drug of abuse, that represents a potential risk of harm to passengers on the

type of common carrier operated by the employee. (3) This section does not affect and shall not be construed as affecting, any immunities

from civil liability or defenses established by another section of the Revised Code

or available at common law, to which a physician may be entitled. (D) In the event that a physician makes a report described in division (B) of this section,

the physician also shall make a report to the employee who was the subject of the

report.  If the report to the employer is in writing, the report to the employee shall be

in writing.