Ohio Administrative Code
Title 4715 - State Dental Board
Chapter 4715-22 - Volunteer's Certificate
Section 4715-22-01 - Volunteer's certificate issued to retired dentist or dental hygienist to provide free services to indigent and uninsured persons; immunity
Universal Citation: OH Admin Code 4715-22-01
Current through all regulations passed and filed through March 18, 2024
(A) Terms
(1) As used in this rule, "indigent and
uninsured person" means a person who meets all of the following requirements:
(a) The person's income is not greater than
two hundred per cent of the current 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.
(b) The person is not eligible to receive
medical assistance under Chapter 5162. of the Revised Code, disability
assistance medical assistance under Chapter 5115. of the Revised Code, or
assistance under any other governmental health care program.
(c) Either of the following applies:
(i) The person is not a policy holder,
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 policy holder,
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.
(2) As used in this rule, "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, or any other
place where medical, dental or other health-related diagnosis, care, or
treatment is provided to a person..
(3) As used in this rule, "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.
(4) As used in this rule,
"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.
(5) For purposes of this
rule, a "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.
(6) For
purposes of the rule, a "volunteer" means an individual who provides any
medical, dental, or other health-related 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.
(7) For the purposes of
this rule, a person shall be considered "retired" from the practice of
dentistry or dental hygiene if the person's license has been surrendered or
allowed to expire with the intention of ceasing to practice as a dentist or
dental hygienist for remuneration.
(B) Purpose
The state dental board may issue, without examination, a volunteer certificate to a person who is retired from practice so that the person may provide dental services to indigent and uninsured persons at nonprofit shelters or health care facilities.
(C) Application
(1) An application for a volunteer's
certificate shall include all of the following:
(a) A copy of the applicant's degree from
dental college or school or dental hygiene
college or school.
(b) One of the following, as applicable:
(i) A copy of the applicant's most recent
license to practice dentistry or dental hygiene issued by a jurisdiction in the
United States that licenses persons to practice dentistry or dental
hygiene.
(ii) A copy of the
applicant's most recent license equivalent to a license to practice dentistry
or dental hygiene in one or more branches of the United States armed services
that the United States government issued.
(2) Evidence of one of the following, as
applicable:
(a) The applicant has maintained
for at least ten years prior to retirement full licensure in good standing in
any jurisdiction in the United States that licenses persons to practice
dentistry or dental hygiene.
(b)
The applicant has practiced as a dentist or dental hygienist in good standing
for at least ten years prior to retirement in one or more branches of the
United States armed services.
(D) Restrictions
(1) The holder of a
volunteer certificate may provide dental services only
on the premises of a nonprofit shelter or health care facility and only to
indigent and uninsured persons.
(2)
The holder shall not accept any form of remuneration for providing dental
services while in possession of the certificate.
(3) Except in a dental emergency, the holder
shall not perform any operation.
(4) The board may revoke a
volunteer certificate on receiving proof satisfactory
to the board that the holder has engaged in practice in this state outside the
scope of the holder's certificate or that there are grounds for action against
the person under section
4715.30 of the Revised
Code.
(E) Renewal
(1) A
volunteer
certificate shall be valid for a period of three years, and may be renewed upon
the application of the holder, unless the certificate was previously revoked
under paragraph (D) of this rule. The board shall maintain a register of all
persons who hold
volunteer certificates. The board shall not
charge a fee for issuing or renewing a certificate pursuant to this
rule.
(2) To be eligible for
renewal of a
volunteer certificate, the holder of the
certificate shall certify to the board completion of sixty hours of continuing
dental education that meets the requirements of section
4715.141 of the Revised Code and
the rules adopted under that section, or completion of eighteen hours of
continuing dental hygiene education that meets the requirements of section
4715.25 of the Revised Code and
the rules adopted under that section, as the case may be. The board may not
renew a certificate if the holder has not complied with the appropriate
continuing education requirements. The nonprofit shelter or health care
facility in which the holder provides dental or dental hygiene services may pay
for or reimburse the holder for any costs incurred in obtaining the required
continuing education credits.
(3)
The board shall issue to each person who qualifies under this section for a
volunteer certificate a wallet certificate and a wall
certificate that state that the certificate holder is authorized to provide
dental services pursuant to the laws of this state. The holder shall keep the
wallet certificate on the holder's person while providing dental services and
shall display the wall certificate prominently in the nonprofit shelter or
health care facility where the holder primarily practices.
(F) Immunity
(1) The holder of a
volunteer certificate issued pursuant to this rule is
subject to the immunity provisions in section
2305.234 of the Revised
Code.
(2) Subject to paragraphs
(F)(5) and (F)(6)(c) of this rule, a dentist or dental hygienist who is a
volunteer and complies with paragraph (F)(2)(a) of this rule is not liable in
damages to any person or government entity in a tort or other civil action,
including an action on a dental 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 of dental services at a nonprofit
shelter or health care facility to an indigent and uninsured person of dental
care or treatment, including the provision of samples of medicine and other
medical products, unless the action or omission constitutes willful or wanton
misconduct.
(a) To qualify for the immunity
described in paragraph (F)(1) of this rule, a dentist or dental hygienist shall
do all of the following prior to providing diagnosis, care, or treatment:
(i) 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;
(ii)
Inform the person of the provisions of this rule, 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 dental or
other health-related claim, unless the action or omission of the health care
professional constitutes willful or wanton misconduct;
(iii) 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 rule. A written
waiver under this paragraph 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 dental 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) Subject to paragraphs (F)(5)
and (F)(6)(c) of this rule, 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 dental 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 of dental
services to an indigent and uninsured person of dental, or other health-related
diagnosis, care, or treatment, unless the action or omission constitutes
willful or wanton misconduct.
(4)
Subject to paragraphs (F)(5) and (F)(6)(c) of this rule 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 dental or dental
hygiene volunteer as described in paragraph (F)(2) of this rule or a health
care worker as described in paragraph (A)(5) of this rule, or a nonprofit
health care referral organization as described in paragraph (A)(3) of this rule
is not liable in damages to any person or government entity in a tort or other
civil action, including an action on a dental or other health-related claim,
for injury, death, or loss to person or property that allegedly arises from an
action or omission of the dentist or dental hygienist or worker or nonprofit
health care referral organization relative to the shelter or facility, 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.
(5) Exemptions to
immunity
(a) Except as provided in paragraph
(F)(5)(b) of this rule, the immunities provided by paragraphs (F)(1) to (F)(4)
of this rule are not available to a health care professional, health care
worker, nonprofit health care referral organization, health care facility or
location if, at the time of an alleged injury, death, or loss to person or
property, the health care professional or health care workers involved are
providing one of the following:
(i) Any
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 as a
condition of probation or other suspension of a term of imprisonment or imposed
by a court as a community control sanction pursuant to sections
2929.15 and
2929.17 of the Revised
Code.
(ii) Performance of an
operation to which any one of the following applies:
(a) The operation requires the administration
of deep sedation or general anesthesia,
(b) The operation is a procedure that is not
typically performed in an office,
(c) 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.
(b) Paragraph (F)(5)(a) of this rule does not
apply when a health care professional or health care worker provides,
diagnosis, care or treatment that is necessary to preserve the life of a person
in a medical emergency.
(6) Miscellaneous legal considerations
regarding immunity
(a) This rule does not
create a new cause of action or substantive legal right against a health care
professional, health care worker, or nonprofit shelter or health care
facility.
(b) This rule 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 diagnosis, care, or treatment.
(c) This rule does not grant an immunity from
tort or other civil liability to a health care facility or location for actions
that are outside the scope of authority of health care professionals, health
care workers, or nonprofit health care referral organization.
(d) This rule does not affect any legal
responsibility of a health care professional or health care worker to comply
with any applicable law of this state or rule of an agency of this
state.
(e) This rule does not
affect any legal responsibility of a nonprofit shelter or health care facility
to comply with any applicable law of this state, rule of an agency 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.
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