Full Statute Name:  Baldwin's Ohio Revised Code Annotated. Title XLVII. Occupations--Professions. Chapter 4765. Emergency Medical Services. General Provisions. 4765.52 Provision of emergency medical services to dog or cat

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Primary Citation:  R.C. § 4765.52 Country of Origin:  United States Last Checked:  January, 2024 Alternate Citation:  OH ST § 4765.52 Date Adopted:  2016 Historical: 
Summary: This Ohio statute specifies the emergency treatment that a medical technician or first responder could provide, prior to a dog or cat being transferred to a veterinarian for further treatment. The statute also highlights the immunities that medical responders, directors, and emergency medical service organizations have under the statute, unless they engage in an act or omission while providing medical services to a dog or cat, that constitutes willful or wanton misconduct. The statute also makes clear that a veterinarian who acts in good faith is not liable for any act or omission that occurred prior to the veterinarian providing services to the cat or dog.

(A) As used in this section:

(1) “Veterinarian” means an individual licensed under Chapter 4741. of the Revised Code to practice veterinary medicine.

(2)1 “Police dog” has the same meaning as in section 2921.321 of the Revised Code.

(3)1 “Overdose reversal drug” has the same meaning as in section 4729.01 of the Revised Code.

(B) In the course of an emergency medical response, fire response, or response to aid law enforcement, a first responder, emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic may provide any of the following emergency medical services to a dog or cat prior to the dog or cat being transferred to a veterinarian for further treatment, but only to the extent that the first responder, EMT-basic, EMT-I, or paramedic is authorized by this chapter or rules adopted pursuant to this chapter to perform the corresponding form of each of the services when providing emergency medical services to a human patient:

(1) Opening and manually maintaining an airway;

(2) Giving mouth to snout or mouth to barrier ventilation;

(3) Administering oxygen;

(4) Managing ventilation by mask;

(5) Controlling hemorrhage with direct pressure;

(6) Immobilizing fractures;

(7) Bandaging;

(8) Administering an overdose reversal drug, if administering the drug has been authorized by the medical director or cooperating physician advisory board of an emergency medical service organization and the drug is administered either in accordance with a written protocol established and provided by a veterinarian or pursuant to a consultation with a veterinarian.

(C) Notwithstanding any other provision of the Revised Code to the contrary, a person authorized to drive an ambulance under this chapter and rules adopted under it may transport an injured police dog to a veterinarian for further treatment in the ambulance if both of the following apply:

(1) The police dog is injured in the line of duty.

(2) No other human person requires emergency transport by the ambulance at the time of the transport.

(D) In addition to the immunity from civil liability granted under division (A) of section 4765.49 of the Revised Code, a first responder, EMT-basic, EMT-I, paramedic, ambulance driver, or medical director or member of a cooperating physician advisory board of an emergency medical service organization is not subject to prosecution in a criminal proceeding or professional disciplinary action allegedly arising from an act or omission associated with the provision of emergency medical services to a dog or cat under this section or allegedly arising from an act or omission associated with the transport of a police dog under this section, unless the act or omission constitutes willful or wanton misconduct.

(E)(1) An emergency medical service organization is not liable for or subject to any of the following that allegedly arises from an act or omission associated with the provision of emergency medical services to a dog or cat under this section or allegedly arises from an act or omission associated with the transport of a police dog under this section, unless the act or omission constitutes willful or wanton misconduct: damages in a civil action for injury, death, or loss to person or property; prosecution in a criminal proceeding; or professional disciplinary action.

(2) The state board of pharmacy shall not take disciplinary action against an emergency medical service organization's license issued under Chapter 4729. of the Revised Code as a terminal distributor of dangerous drugs for reasons arising from an act or omission associated with the provision of emergency medical services to a dog or cat under this section or for reasons arising from an act or omission associated with the transport of a police dog under this section, unless the act or omission constitutes willful or wanton misconduct.

(F)(1) Notwithstanding any conflicting provision of Chapter 4741. of the Revised Code or rule adopted by the state veterinary medical licensing board, a veterinarian may establish and provide a written protocol to, or consult with, a first responder, EMT-basic, EMT-I, or paramedic for the purpose of enabling the provision of emergency medical services to a dog or cat under this section.

(2) A veterinarian who acts in good faith in accordance with this section is not liable for or subject to any of the following for any act or omission associated with a first responder's, EMT-basic's, EMT-I's, or paramedic's provision of emergency medical services to a dog or cat under this section: damages in any civil action; prosecution in any criminal proceeding; or professional disciplinary action.

CREDIT(S)
(2022 H 392, eff. 4-3-23; 2022 H 193, eff. 9-23-22; 2016 H 187, eff. 8-31-16)

Footnotes
1 Division designation so as a result of harmonization of 2022 H 392 and 2022 H 193.

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