Ohio Revised Code
Chapter 5923 | Organized Militia
Section 5923.37 | No Liability for Negligence While on State Active Duty.

Effective: January 24, 2020
Latest Legislation: Senate Bill 52 - 133rd General Assembly
(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 section 2743.02 of 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 section 109.36 of the Revised Code.
(C) Any member of the organized militia ordered to state active duty under section 5923.22 of the Revised Code or ordered to duty under section 5919.29 of 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.

Structure Ohio Revised Code

Ohio Revised Code

Title 59 | Veterans-Military Affairs

Chapter 5923 | Organized Militia

Section 5923.01 | State Militia Membership - Limitation of Troops.

Section 5923.02 | Persons Exempt From Military Service.

Section 5923.03 | Membership of Ohio National Guard, Ohio Military Reserve, Ohio Naval Militia, Ohio Cyber Reserve.

Section 5923.04 | Appointment of Officers in Ohio Military Reserve.

Section 5923.05 | Paid Military Leave for Permanent Public Employees.

Section 5923.051 | State Employees Called to Active Duty Continuation or Reactivation of Health Benefit Coverage.

Section 5923.09 | Compensation for Attendance at Drill.

Section 5923.10 | Lost, Damaged, or Destroyed Equipment or Property - Payment of Shortage.

Section 5923.12 | Pay and Allowances for State Active Duty; Pay for Ohio Cyber Reserve; Protections Afforded Members.

Section 5923.13 | Regulations, Bonds, and Reports.

Section 5923.14 | Method of Payments.

Section 5923.16 | Military Stores.

Section 5923.17 | Purchase and Custody of Equipage - Care of Stores - Credit for Lost Property.

Section 5923.18 | Unserviceable Military Stores.

Section 5923.19 | Sale or Exchange of Condemned Stores.

Section 5923.20 | Annual Appropriations and Allowances.

Section 5923.21 | Call to Service by Governor.

Section 5923.22 | Order of Unit, Part or Individual to Aid Civil Authorities.

Section 5923.23 | Contents of Order to Aid Civil Authorities - Command and Control.

Section 5923.231 | Proclamation of Martial Law.

Section 5923.27 | Privileges and Immunities While on State Active Duty.

Section 5923.28 | Conformity of Military Laws With Federal Laws and Regulations.

Section 5923.29 | Inventory of Unexpendable State Military Property - Additions or Deductions.

Section 5923.30 | Action Against Officer Unable to Account Properly for Money or Property.

Section 5923.31 | Persuading Member of Militia to Disregard Duty Prohibited.

Section 5923.32 | Disposing of Military Property Belonging to State Prohibited.

Section 5923.33 | Uniforms and Insignia Worn Unlawfully.

Section 5923.34 | Government and Discipline.

Section 5923.36 | Limitation of Actions.

Section 5923.37 | No Liability for Negligence While on State Active Duty.

Section 5923.99 | Penalty.