Bill Text: OH HB247 | 2013-2014 | 130th General Assembly | Enrolled
Bill Title: To make clear that any person may perform automated external defibrillation, to extend qualified immunity from civil liability to premises owners and other persons involved with automated external defibrillator placement and use, to allow proceedings for a mentally ill person subject to court order to be in a probate court in any county, rather than in the county where the mentally ill person subject to court order resides, and to modify the form of the affidavit used to initiate proceedings for court-ordered treatment of a mentally ill person.
Spectrum: Moderate Partisan Bill (Republican 55-18)
Status: (Passed) 2014-12-19 - Governor' Action [HB247 Detail]
Download: Ohio-2013-HB247-Enrolled.html
To amend sections 2305.235, 3701.85, 5122.11, and 5122.111 of the Revised Code to make clear that any person may perform automated external defibrillation, to extend qualified immunity from civil liability to premises owners and other persons involved with automated external defibrillator placement and use, to allow proceedings for a mentally ill person subject to court order to be in a probate court in any county, rather than in the county where the mentally ill person subject to court order resides, and to modify the form of the affidavit used to initiate proceedings for court-ordered treatment of a mentally ill person.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 2305.235, 3701.85, 5122.11, and 5122.111 of the Revised Code be amended to read as follows:
Sec. 2305.235. (A) As used in this section:
(1) "Automated external defibrillation" means the process of applying a specialized defibrillator to a person in cardiac arrest, allowing the defibrillator to interpret the cardiac rhythm, and, if appropriate, delivering an electrical shock to the heart to allow it to resume effective electrical activity.
(2) "Physician" has the same meaning as in section 4765.01 of the Revised Code.
(B) Except in the case of willful or wanton misconduct, no physician shall be held liable in civil damages for injury, death, or loss to person or property for providing a prescription for an automated external defibrillator approved for use as a medical device by the United States food and drug administration or consulting with a person regarding the use and maintenance of a defibrillator.
(C) Except in the case of willful or wanton misconduct, no
person shall be held liable in civil damages for injury, death, or
loss to person or property for providing doing any of the
following:
(1) Providing training in automated external defibrillation and cardiopulmonary resuscitation;
(2) Authorizing, directing, or supervising the installation or placement of an automated external defibrillator;
(3) Designing, managing, or operating a cardiopulmonary resuscitation or automated external defibrillation program;
(4) Acquiring an automated external defibrillator;
(5) Owning, managing, or having responsibility for a premises or location where an automated external defibrillator has been placed.
(D) Except in the case of willful or wanton misconduct or when there is no good faith attempt to activate an emergency medical services system in accordance with section 3701.85 of the Revised Code, no person shall be held liable in civil damages for injury, death, or loss to person or property, or held criminally liable, for performing automated external defibrillation in good faith, regardless of whether the person has obtained appropriate training on how to perform automated external defibrillation or successfully completed a course in cardiopulmonary resuscitation.
Sec. 3701.85. (A) As used in this section:
(1) "Automated external defibrillation" has the same meaning as in section 2305.235 of the Revised Code.
(2) "Emergency medical services organization" has the same meaning as in section 4765.01 of the Revised Code.
(3) "Emergency medical service provider" means a person who
is an "emergency medical technician-basic," "emergency medical
technician-intermediate," "emergency medical
technician-paramedic," or "first responder" as defined in section
4765.01 of the Revised Code.
(4) "Physician" has the same meaning as in section 4765.01 of
the Revised Code.
(5) "Registered nurse" and "licensed practical nurse" have
the same meanings as in section 4723.01 of the Revised Code.
(B) A person who possesses an automated external
defibrillator shall do all both of the following:
(1) Require Encourage expected users to complete successfully
a course in automated external defibrillation and cardiopulmonary
resuscitation that is offered or approved by the American heart
association or another a nationally recognized organization and
includes instruction on psychomotor skills and national
evidence-based emergency cardiovascular guidelines that are
current;
(2) Maintain and test the defibrillator according to the
manufacturer's guidelines;
(3) Consult with a physician regarding compliance with the
requirements of divisions (B)(1) and (2) of this section.
(C) A It is recommended, but not required, that a person who
possesses an automated external defibrillator may notify an
emergency medical services organization of the location of the
defibrillator.
(D) A Any person who has obtained appropriate training on how
to perform automated external defibrillation and has successfully
completed a course in cardiopulmonary resuscitation may perform
automated external defibrillation, regardless of whether the
person is a physician, registered nurse, licensed practical nurse,
or emergency medical service provider. When Training in automated
external defibrillation and cardiopulmonary resuscitation is
recommended but not required.
A person who performs automated external defibrillation is
not performed as part of an emergency medical services system or
at a hospital as defined in section 3727.01 of the Revised Code,
shall make a good faith effort to activate or have another person
activate an emergency medical services system shall be activated
as soon as possible unless the person is performing automated
external defibrillation as part of an emergency medical services
system or at a hospital as defined in section 3727.01 of the
Revised Code.
Sec. 5122.11. Proceedings for a mentally ill person subject
to court order pursuant to sections 5122.11 to 5122.15 of the
Revised Code shall be commenced by the filing of an affidavit in
the manner prescribed by the department of mental health and
addiction services and in a form prescribed in section 5122.111 of
the Revised Code, by any person or persons with the probate court
in the county where the mentally ill person subject to court order
resides, either on reliable information or actual knowledge,
whichever is determined to be proper by the court. This section
does not apply to the hospitalization of a person pursuant to
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised
Code.
The affidavit shall contain an allegation setting forth the specific category or categories under division (B) of section 5122.01 of the Revised Code upon which the jurisdiction of the court is based and a statement of alleged facts sufficient to indicate probable cause to believe that the person is a mentally ill person subject to court order. The affidavit may be accompanied, or the court may require that the affidavit be accompanied, by a certificate of a psychiatrist, or a certificate signed by a licensed clinical psychologist and a certificate signed by a licensed physician stating that the person who issued the certificate has examined the person and is of the opinion that the person is a mentally ill person subject to court order, or shall be accompanied by a written statement by the applicant, under oath, that the person has refused to submit to an examination by a psychiatrist, or by a licensed clinical psychologist and licensed physician.
Upon receipt of the affidavit, if a judge of the court or a referee who is an attorney at law appointed by the court has probable cause to believe that the person named in the affidavit is a mentally ill person subject to court order, the judge or referee may issue a temporary order of detention ordering any health or police officer or sheriff to take into custody and transport the person to a hospital or other place designated in section 5122.17 of the Revised Code, or may set the matter for further hearing. If a temporary order of detention is issued and the person is transported to a hospital or other designated place, the court that issued the order shall retain jurisdiction over the case as it relates to the person's outpatient treatment, notwithstanding that the hospital or other designated place to which the person is transported is outside the territorial jurisdiction of the court.
The person may be observed and treated until the hearing provided for in section 5122.141 of the Revised Code. If no such hearing is held, the person may be observed and treated until the hearing provided for in section 5122.15 of the Revised Code.
Sec. 5122.111. To initiate proceedings for court-ordered treatment of a person under section 5122.11 of the Revised Code, a person or persons shall file an affidavit with the probate court that is identical in form and content to the following:
AFFIDAVIT OF MENTAL ILLNESS
| The State of Ohio | |||
| ..................... County, | ss. | ||
| ..................... Court | |||
| ................................................................. | |||
| the undersigned, residing at | |||
| ................................................................. | |||
| says, that he/she has information to believe or has actual knowledge that | |||
| ................................................................. | |||
[ ] Represents a substantial risk of physical harm to self as manifested by evidence of threats of, or attempts at, suicide or serious self-inflicted bodily harm;
[ ] Represents a substantial risk of physical harm to others as manifested by evidence of recent homicidal or other violent behavior or evidence of recent threats that place another in reasonable fear of violent behavior and serious physical harm or other evidence of present dangerousness;
[ ] Represents a substantial and immediate risk of serious physical impairment or injury to self as manifested by evidence of being unable to provide for and of not providing for basic physical needs because of mental illness and that appropriate provision for such needs cannot be made immediately available in the community;
[ ] Would benefit from treatment for mental illness and is in need of such treatment as manifested by evidence of behavior that creates a grave and imminent risk to substantial rights of others or the person; or
[ ] Would benefit from treatment as manifested by evidence of behavior that indicates all of the following:
(a) The person is unlikely to survive safely in the community without supervision, based on a clinical determination.
(b) The person has a history of lack of compliance with treatment for mental illness and one of the following applies:
(i) At least twice within the thirty-six months prior to the filing of an affidavit seeking court-ordered treatment of the person under section 5122.111 of the Revised Code, the lack of compliance has been a significant factor in necessitating hospitalization in a hospital or receipt of services in a forensic or other mental health unit of a correctional facility, provided that the thirty-six-month period shall be extended by the length of any hospitalization or incarceration of the person that occurred within the thirty-six-month period.
(ii) Within the forty-eight months prior to the filing of an affidavit seeking court-ordered treatment of the person under section 5122.111 of the Revised Code, the lack of compliance resulted in one or more acts of serious violent behavior toward self or others or threats of, or attempts at, serious physical harm to self or others, provided that the forty-eight-month period shall be extended by the length of any hospitalization or incarceration of the person that occurred within the forty-eight-month period.
(c) The person, as a result of mental illness, is unlikely to voluntarily participate in necessary treatment.
(d) In view of the person's treatment history and current behavior, the person is in need of treatment in order to prevent a relapse or deterioration that would be likely to result in substantial risk of serious harm to the person or others.
| ................................................................. | |||
| (Name of the party filing the affidavit) further says that the facts supporting this belief are as follows: | |||
| ................................................................. | |||
| ................................................................. | |||
| ................................................................. | |||
| ................................................................. | |||
| ................................................................. | |||
| ................................................................. | |||
| These facts being sufficient to indicate probable cause that the | |||
| above said person is a mentally ill person subject to | |||
| court order. | |||
| Name of Patient's Last Physician or Licensed Clinical Psychologist | |||
| ................................................................. | |||
| Address of Patient's Last Physician or Licensed Clinical Psychologist | |||
| ................................................................. | |||
| ................................................................. | |||
The name and address of respondent's legal guardian, spouse, and adult next of kin are:
| Name | Kinship | Address | ||||
| Legal Guardian | ||||||
| Spouse | ||||||
| Adult Next of Kin | ||||||
| Adult Next of Kin | ||||||
| The following constitutes additional information that may be | |||
| necessary for the purpose of determining residence: | |||
| ................................................................. | |||
| ................................................................. | |||
| ................................................................. | |||
| ................................................................. | |||
| ................................................................. | |||
Dated this ............. day of ..............., 20...
| Signature of the party filing the affidavit |
Sworn to before me and signed in my presence on the day and year above dated.
| Signature of Probate Judge |
I, the undersigned party filing the affidavit hereby waive the issuing and service of notice of the hearing on said affidavit, and voluntarily enter my appearance herein.
Dated this ............. day of ..............., 20...
| Signature of the party filing the affidavit |
SECTION 2. That existing sections 2305.235, 3701.85, 5122.11, and 5122.111 of the Revised Code are hereby repealed.
