2006 Ohio Revised Code - [4731.14.3] 4731.143.Notice to patient of lack of medical malpractice insurance.

[§ 4731.14.3] § 4731.143. Notice to patient of lack of medical malpractice insurance.
     (A)  Each person holding a valid certificate under this chapter authorizing the certificate holder to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, who is not covered by medical malpractice insurance shall provide a patient with written notice of the certificate holder's lack of that insurance coverage prior to providing nonemergency professional services to the patient. The notice shall be provided alone on its own page. The notice shall provide space for the patient to acknowledge receipt of the notice, and shall be in the following form:
 


    "NOTICE:

    Dr  ................. (here state the full name of the certificate holder) is not covered by medical malpractice insurance.

    The undersigned acknowledges the receipt of this notice.

     ....................

       (Patient's Signature)

     ....................

         (Date)" 
 

The certificate holder shall obtain the patient's signature, acknowledging the patient's receipt of the notice, prior to providing nonemergency professional services to the patient. The certificate holder shall maintain the signed notice in the patient's file. 

(B)  This section does not apply to any officer or employee of the state, as those terms are defined in section 9.85 of the Revised Code, who is immune from civil liability under section 9.86 of the Revised Code or is entitled to indemnification pursuant to section 9.87 of the Revised Code, to the extent that the person is acting within the scope of the person's employment or official responsibilities. 
 

This section does not apply to a person who complies with division (B)(2) of section 2305.234 [2305.23.4] of the Revised Code. 

(C)  As used in this section, "medical malpractice insurance" means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death, disease, or injury of any person as the result of negligence or malpractice in rendering professional service by any licensed physician, podiatrist, or hospital, as those terms are defined in section 2305.113 [2305.11.3] of the Revised Code. 
 

HISTORY: 146 v H 144 (Eff 11-21-95); 146 v S 259 (Eff 11-6-96); 148 v H 585. Eff 4-10-2001; 150 v H 516, § 1, eff. 12-30-04; 151 v S 124, § 1, eff. 6-27-05.
 

The provisions of § 6 of 151 v S 124 read as follows: 

SECTION 6. It is the intent of the General Assembly in amending sections 101.23, 101.83, 101.84, 101.85, 101.86, 122.011, 122.40, 123.151, 149.56, 307.674, 340.02, 1501.04, 1502.04, 1502.05, 1502.11, 1502.12, 1506.30, 1506.34, 1506.35, 1517.02, 1517.23, 1518.01, 1518.03, 1551.35, 3358.10, 3375.61, 3375.62, 3383.01, 3383.02, 3383.03, 3383.04, 3383.05, 3383.06, 3383.07, 3383.08, 3383.09, 3746.09, 3746.35, 3747.02, 3748.01, 3748.02, 3748.04, 3748.05, 3748.16, 3929.482, 3929.85, 3931.01, 3955.05, 3960.06, 4117.01, 4121.442, 4167.09, 4167.25, 4167.27, 4731.143, 4741.03, 4755.481, 4981.03, 5123.35, and 5123.352 of the Revised Code in this act to confirm the amendments to those sections and the resulting versions of those sections that took effect on December 30, 2004, in accordance with Section 10 of Am. Sub. H.B. 516 of the 125th General Assembly. It also is the intent of the General Assembly, in part, in amending Section 4 of Am. Sub. H.B. 516 of the 125th General Assembly in this act to confirm the text of that uncodified section of law as it took effect on December 30, 2004, in accordance with Section 10 of Am. Sub. H.B. 516 of the 125th General Assembly. This act does not affect, and shall not be construed as affecting, the other amendments, enactments, or repeals of codified or uncodified law made by Am. Sub. H.B. 516 of the 125th General Assembly which took effect on December 30, 2004, in accordance with Section 10 of that legislation, all of which it is the intent of the General Assembly to confirm in this act, including, but not limited to, the following amendments, enactments, or repeals pertaining to the implementation of the report of the Sunset Review Committee and related purposes set forth in Am. Sub. H.B. 516's title: the amendments to sections 122.133, 164.07, 1517.05, 2505.02, 3746.04, 3929.682, and 4582.12 of the Revised Code, the repeals of sections 122.09, 125.24, 149.32, 149.321, 149.322, 1502.10, 1506.37, 1517.03, 1517.04, 3354.161, 3355.121, 3357.161, 3375.47, 3746.08, 3747.04, 3747.05, 3747.06, 3747.061, 3747.07, 3747.08, 3747.09, 3747.10, 3747.11, 3747.12, 3747.13, 3747.14, 3747.15, 3747.16, 3747.17, 3747.18, 3747.19, 3747.20, 3747.21, 3747.22, 3748.09, 3929.71, 3929.72, 3929.721, 3929.73, 3929.75, 3929.76, 3929.77, 3929.78, 3929.79, 3929.80, 3929.81, 3929.82, 3929.83, 3929.84, 4121.443, 4167.26, 5101.93, 5119.81, 5119.82, and 5123.353 of the Revised Code, the enactments of uncodified law in its Sections 3, 6, 9, 10, 11, and 12, and the repeals of Section 6 of Am. Sub. S.B. 163 of the 124th General Assembly, Section 6 of Sub. S.B. 27 of the 124th General Assembly, Section 10 of Sub. H.B. 548 of the 123rd General Assembly, Section 3 of Am. H.B. 280 of the 121st General Assembly, Section 27 of Sub. H.B. 670 of the 121st General Assembly, Section 3 of Am. S.B. 208 of the 120th General Assembly, and Section 3 of Sub. H.B. 508 of the 119th General Assembly. The General Assembly, thus, further declares this section and the related provisions of Sections 1 and 3 of this act to be remedial legislation solely intended to confirm the operation on and after December 30, 2004, of the amendments, enactments, and repeals of codified and uncodified law made by Am. Sub. H.B. 516 of the 125th General Assembly. 

The effective date is set by section 10 of H.B. 516 (150 v  - ). 

 

Effect of Amendments

151 v S 124, effective June 27, 2005, confirmed the amendment by 150 v H 516. 

150 v H 516, effective December 30, 2004, in (A), deleted "as defined in section 3929.71 of the Revised Code" following "malpractice insurance"; added (C); and made minor stylistic changes.