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OHIO REVISED CODE

TITLE XXXVII HEALTH - SAFETY - MORALS

CHAPTER 3701 DEPARTMENT OF HEALTH

[§ 3701.24.9] § 3701.249. Immunity of employer of HIV infected person.

(A) As used in this section, "employer" and "employee" have the same meanings as in section 4112.01 of the Revised Code.

(B) The employer of a person with HIV infection is immune from liability to any person in a civil action for damages for injury, death, or loss to person or property on a claim arising out of transmission of the human immunodeficiency virus from the infected employee to another employee or to any other person, unless the transmission occurs as a result of the reckless conduct of the employer.

(C) An employer is immune from liability to an employee on a claim asserted under any provision of the Revised Code or in a civil action for damages for injury, death, or loss to person or property if the claim arises from an illness or injury to the employee that is stress-related and results from the employee being required to work with an individual who has received a positive result on an HIV test or has been diagnosed as having AIDS or an AIDS-related condition.

HISTORY: 143 v S 2. Eff 11-1-89.



Cross-References to Related Sections

AIDS and HIV definitions, RC § 3701.24.



Law Review

AIDS: dealing with the plague. Roger N. Braden. 19 NKyLRev 277 (1992).

American Bar Association policy and report on AIDS. 21 ToledoLRev 1 (1989).

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