Legislation
Ohio ACEP strives to provide its members with high quality, timely information on legislative activities while making available to its members opportunities to participate in making a difference in policy that affects emergency physicians.
Pending Legislation
Medical Liability/Tort Reform
129th General Assembly Efforts
Ohio ACEP’s “Access to Care” Legislation Re-Introduced!
Senators Kevin Bacon (R – Minerva Park) and Cliff Hite (R – Findlay) have introduced Senate Bill 129 which is the re-introduction of last General Assembly’s Senate Bill 86. The legislation would grant qualified civil immunity, using the reckless disregard standard, to a physician who provides emergency medical services, first-aid treatment, or other emergency professional care in compliance with the federal Emergency Medical Treatment and Active Labor Act (EMTALA). The legislation also grants qualified civil immunity, using the willful and wonton standard from emergency medical services needed as a result of a disaster.
The following Senate members have signed on as co-sponsors of the legislation:
- Senator Karen Gillmor (R – Tiffin)
- Senator Kris Jordan (R – Powell)
- Senator Peggy Lehner (R – Kettering)
- Senator Larry Obhof (R – Montville Township)
- Senator Tim Schaffer (R – Lancaster)
- Senator Jimmy Stewart (R – Albany)
- Senator Chris Widener (R – Springfield)
SB 129 was referred to the Senate Judiciary Committee on Civil Justice. Senators Bacon and Hite gave sponsor testimony on March 30, 2011. Ohio ACEP members Dr. Gary Katz and Dr. Michael Frank delivered proponent testimony on April 13, 2011. Opposition testimony was coordinated by the trial bar’s Association for Justice and delivered May 4, 2011.
Ohio ACEP members are strongly encouraged to reach out to their State Senator and ask for their support in passing SB 126. If you do not know who your state legislator is, please refer to www.legislature.state.oh.us or click here.
Click the links below for testimony regarding Ohio ACEP’s, SB 126:
- Gary Katz, MD, MBA, FACEP Proponent Testimony
- Michael Frank, MD, JD, FACEP, FCLM Proponet Testimony
- Gerald Leeseberg Opposition Testimony
- Dennis Mulvihill Opposition Testimony
- Michael Shroge, Esq Opposition Testimony
128th General Assembly Efforts
On March 25, 2009 Senator Buehrer introduced Senate Bill 86 to grant qualified civil immunity to a physician who provides emergency medical services, first-aid treatment, or other emergency professional care in compliance with the federal Emergency Medical Treatment and Active Labor Act (EMTALA) or as a result of a disaster. On March 19, SB 86 passed the Senate and is now headed to the Ohio House of Representatives.
Follow the links below for talking points and testimony in support of Ohio ACEP’s limited liability bill, SB 86, Access to Emergency and Disaster Care.
- Talking Points for Limited Liability Protection Bill
- Senator Steve Buehrer Testimony
- Michael Frank, MD, JD Testimony (before the Senate Civil Justice Committee)
- Gary Katz, MD, MBA, FACEP Testimony (before the Senate Civil Justice Committee)
- Catherine Marco, MD, FACEP Testimony (before the Senate Civil Justice Committee)
- Contact Congress or your State Officials
