Ohio § 5923.37 No liability for negligence while on state active duty

Ohio Statutes

§ 5923.37 — No liability for negligence while on state active duty

Ohio § 5923.37

Title 59Veterans-Military Affairs

Ch. 5923Organized Militia

This text of Ohio § 5923.37 (No liability for negligence while on state active duty) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 5923.37 (2026).

Text

(A)No member of the organized militia ordered to state active duty shall be liable in negligence for any act performed within the scope of the member's duties. Any action alleging that such a militia member's conduct was outside the scope of the member's employment, was malicious, was in bad faith, or was wanton or reckless shall first be filed against the state in the court of claims under section2743.02of the Revised Code.

(B)Any member of the organized militia rendering medical, nursing, or dental care, or assisting in rendering such care, after being ordered to state active duty shall be deemed an officer or employee of the state under section109.36of the Revised Code.

(C)Any member of the organized militia ordered to state active duty under section5923.22of the Revised Code or

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(A) No member of the organized militia ordered to state active duty shall be liable in negligence for any act performed within the scope of the member's duties. Any action alleging that such a militia member's conduct was outside the scope of the member's employment, was malicious, was in bad faith, or was wanton or reckless shall first be filed against the state in the court of claims under section2743.02of the Revised Code.

(B) Any member of the organized militia rendering medical, nursing, or dental care, or assisting in rendering such care, after being ordered to state active duty shall be deemed an officer or employee of the state under section109.36of the Revised Code.

(C) Any member of the organized militia ordered to state active duty under section5923.22of the Revised Code or ordered to duty under section5919.29of the Revised Code who is qualified to perform on federal active duty under Title 10, United States Code, in a particular profession, discipline, or skill as a health care provider shall be exempt from the statutes, regulations, and licensing requirements otherwise in force under the laws of this state, with respect to the member's profession, specialty, or skill at such times as the member is serving in any military status, duly authorized under the laws of this state or of the United States, or both, and is performing the member's profession, specialty, or skill under regulations prescribed by the executive authority of the United States or of this state, and is functioning within the scope of the member's employment.