November 29, 2022

Urgent Call-To-Action: COVID-19 Health Care Professional-Patient Relationship Protection Act

Last Spring, Ohio State Rep. Kris Jordan (R-Ostrander) introduced House Bill 631, otherwise known as the COVID-19 Health Care Professional-Patient Relationship Protection Act.

Among the key provisions of the COVID-19 Health Care Professional-Patient Relationship Protection Act are the following:

A patient who has been diagnosed with SARS-CoV-2, including its variants, or COVID-19 may use any of the following drugs or therapies, either alone or in combination with other available drugs and therapies: (a) Hydroxychloroquine; (b) Azithromycin; (c) Ivermectin; (d) Budesonide; (e) Any other drug or therapy that may be proven effective or deemed beneficial by the healthcare provider in consultation with the patient or legally authorized representative.
The health care professional-patient relationship shall be honored and the patient or patient’s legally authorized representative reserves the right to choose the patient’s treatment, provided that informed consent is obtained in consultation with the patient’s health care professional or the health care facility of the patient’s or representative’s choosing.
A board of health or department, the state medical board or board of nursing, any professional association, a health care facility, pharmacy, or government entity or official shall not do any of the following: (1) Suppress the promotion of or access to the drugs and therapies described in division Act; (2) Reprimand, threaten, or penalize a health care professional for prescribing, administering, or promoting any of the drugs and therapies described in division (B)(1) of this section that the health care professional, in consultation with the patient or patient’s legally authorized representative, deems to be necessary or beneficial.
A health care professional, patient, or patient’s legally authorized representative may commence a mandamus action in accordance with Chapter 2731. of the Revised Code to obtain a judgment ordering a board of health or department, the state medical board or board of nursing, any professional association, a health care facility, pharmacy, or government entity or official to comply with this section.
The court shall award reasonable attorney’s fees and court costs to the prevailing plaintiff. The court also shall award the prevailing plaintiff monetary damages as follows: five thousand dollars a day for each business day that the person or entity described in division (F)(1) of this section fails to comply with this section, beginning with the day the mandamus action was filed. Such damages shall not exceed one hundred thousand dollars and shall be construed as compensatory rather than as a penalty.

CALL-TO-ACTION

H.B. 631was referred to the Civil Justice Committee and had its first Sponsor Testimony hearing on Tuesday, November 15^th. To read State Rep. Jordan’s testimony, please visit this link.

To ensure this Bill is given the attention and consideration it merits to pass the legislature and protect Ohioans Health Care Professional-Patient relationship, please contact your legislators and members of Civil Justice Committee. Lives literally depend on it!

Individuals can find their State Representative by visiting this link.

Here is the contact information for all members of the Civil Justice Committee:

State Representative Brett Hillyer

Committee Chair

Phone: (614) 466-8035

Email: Rep98@OhioHouse.gov

State Representative Diane Grendell

Committee Vice Chair

Phone: (614) 644-5088

Email: Rep76@OhioHouse.gov

State Representative Tavia Galonski

Committee Ranking Member