2006 Ohio Revised Code - [4723.34.1] 4723.341.Immunity for making report or testifying or referral for treatment.

[§ 4723.34.1] § 4723.341. Immunity for making report or testifying or referral for treatment.
 

(A)  As used in this section, "person" has the same meaning as in section 1.59 of the Revised Code and also includes the board of nursing and its members and employees; health care facilities, associations, and societies; insurers; and individuals. 

(B)  In the absence of fraud or bad faith, no person reporting to the board of nursing or testifying in an adjudication conducted under Chapter 119. of the Revised Code with regard to alleged incidents of negligence or malpractice or matters subject to sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code shall be subject to either of the following based on making the report or testifying: 

(1) Liability in damages in a civil action for injury, death, or loss to person or property; 

(2) Discipline or dismissal by an employer. 

(C)  An individual who is disciplined or dismissed in violation of division (B)(2) of this section has the same rights and duties accorded an employee under sections 4113.52 and 4113.53 of the Revised Code. 

(D)  In the absence of fraud or bad faith, no professional association of registered nurses, licensed practical nurses,  dialysis technicians, community health workers, or medication aides that sponsors a committee or program to provide peer assistance to individuals with substance abuse problems, no representative or agent of such a committee or program, and no member of the board of nursing shall be liable to any person for damages in a civil action by reason of actions taken to refer a nurse, dialysis technician, community health worker, or medication aide to a treatment provider or actions or omissions of the provider in treating a nurse, dialysis technician, community health worker, or medication aide. 
 

HISTORY: 142 v H 529 (Eff 6-14-88); 143 v S 113 (Eff 11-3-89); 143 v H 615 (Eff 3-27-91); 146 v H 167 (Eff 11-15-96); 148 v S 111 (Eff 12-24-2000); 148 v S 180 (EFf 3-22-2001); 148 v H 511. Eff 4-10-2001; 151 v H 66, § 101.01, eff. 6-30-05.
 

The effective date is set by § 612.12 of 151 v H 66. 

See Comment, Legislative Service Commission following RC § 4723.07. 

 

Effect of Amendments

151 v H 66, effective June 30, 2005, in the introductory language of (B), deleted "of the Revised Code or section" following "3123.63"; and, in (D), inserted "community health workers, or medication aides" three times, and made related changes.