As Reported by the Senate State and Local Government         1            

                 and Veterans Affairs Committee                    2            

122nd General Assembly                                             5            

   Regular Session                              Sub. S. B. No. 30  6            

      1997-1998                                                    7            


                           SENATOR DIX                             9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 9.60, 307.05, 307.051, 307.055,     13           

                505.37, 505.375, 505.44, 505.72, 2909.01,          14           

                4503.49, 4765.09, 4765.10, 4765.37, 4765.56,                    

                4766.01, 4766.03, 4766.04, 4766.07, 4766.08,       16           

                4766.09, 4766.10, 4766.11, 4766.12, and 4931.40                 

                and to enact section 4766.13 of the Revised Code   17           

                to make changes in the laws regarding ambulances   18           

                and the duties of the Ohio Ambulance Licensing                  

                Board and to make corrections in the laws          19           

                regarding emergency medical services.              20           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That sections 9.60, 307.05, 307.051, 307.055,    24           

505.37, 505.375, 505.44, 505.72, 2909.01, 4503.49, 4765.09,        25           

4765.10, 4765.37, 4765.56, 4766.01, 4766.03, 4766.04, 4766.07,     26           

4766.08, 4766.09, 4766.10, 4766.11, 4766.12, and 4931.40 be        27           

amended and section 4766.13 of the Revised Code be enacted to                   

read as follows:                                                   28           

      Sec. 9.60.  (A)  As used in this section:                    37           

      (1)  "Firefighting agency" means a municipal corporation,    39           

township, township fire district, joint ambulance district, JOINT  40           

EMERGENCY MEDICAL SERVICES DISTRICT, or joint fire district.       42           

      (2)  "Private fire company" means any nonprofit group or     44           

organization owning and operating firefighting equipment not       45           

controlled by any firefighting agency.                             46           

      (3)  "Governing board" means the board of county             48           

                                                          2      

                                                                 
commissioners in the case of a county; the legislative authority   49           

in the case of a municipal corporation; the board of trustees of   50           

a joint ambulance district in the case of a joint ambulance        51           

district; THE BOARD OF TRUSTEES OF A JOINT EMERGENCY MEDICAL       52           

SERVICES DISTRICT IN THE CASE OF A JOINT EMERGENCY MEDICAL         53           

SERVICES DISTRICT; the board of township trustees in the case of   54           

a township or township fire district; the board of fire district   55           

trustees in the case of a joint fire district; and the board of    56           

trustees in the case of a private fire company.                    57           

      (4)  "Fire protection" includes the provision of ambulance,  59           

emergency medical, and rescue service by the fire department of a  60           

firefighting agency or by a private fire company and the           61           

extension of the use of firefighting apparatus or firefighting     62           

equipment.                                                         63           

      (B)  Any firefighting agency or private fire company may     65           

contract with any state agency or instrumentality, county, or      66           

political subdivision of this state or with a governmental entity  67           

of an adjoining state to provide fire protection, whether on a     68           

regular basis or only in times of emergency, upon the approval of  69           

the governing boards of the counties, firefighting agencies,       70           

political subdivisions, or private fire companies or the           71           

administrative heads of the state agencies or instrumentalities    72           

that are parties to the contract.                                  73           

      (C)  Any county, political subdivision, or state agency or   75           

instrumentality may contract with a firefighting agency of this    76           

state, a private fire company, or a governmental entity of an      77           

adjoining state to obtain fire protection, whether on a regular    78           

basis or only in times of emergency, upon the authorization of     79           

the governing boards of the counties, firefighting agencies,       80           

political subdivisions, or private fire companies or               81           

administrative heads of the state agencies or instrumentalities    82           

that are parties to the contract.                                  83           

      (D)  Any firefighting agency of this state or any private    85           

fire company may provide fire protection to any state agency or    86           

                                                          3      

                                                                 
instrumentality, county, or political subdivision of this state,   87           

or to a governmental entity of an adjoining state, without a       88           

contract to provide fire protection, upon the approval of the      89           

governing board of the firefighting agency or private fire         90           

company and upon authorization of an officer or employee of the    91           

firefighting agency providing the fire protection designated by    92           

title of their office or position pursuant to the authorization    93           

of the governing board of the firefighting agency.                 94           

      (E)  Chapter 2744. of the Revised Code, insofar as it is     96           

applicable to the operation of fire departments, applies to the    97           

firefighting agencies and fire department members when such        98           

members are rendering service outside the boundaries of the        99           

firefighting agency pursuant to this section.                      100          

      Fire department members acting outside the boundaries of     102          

the firefighting agency by which they are employed may             103          

participate in any pension or indemnity fund established by their  104          

employer to the same extent as while acting within the boundaries  105          

of the firefighting agency, and are entitled to all the rights     106          

and benefits of Chapter 4123. of the Revised Code, to the same     107          

extent as while performing service within the boundaries of the    108          

firefighting agency.                                               109          

      Sec. 307.05.  As used in this section, "emergency medical    118          

service organization" has the same meaning as in section 4765.01   119          

of the Revised Code.                                               120          

      A board of county commissioners may operate an ambulance     122          

service organization or emergency medical service organization,    123          

or, in counties with a population of forty thousand or less, may   124          

operate a nonemergency patient transport service organization, or  126          

may enter into a contract with one or more counties, townships,    127          

municipal corporations, nonprofit corporations, joint emergency    128          

medical services districts, fire and ambulance districts, or       129          

private ambulance owners, regardless of whether such counties,     130          

townships, municipal corporations, nonprofit corporations, joint   131          

emergency medical services districts, fire and ambulance           132          

                                                          4      

                                                                 
districts, or private ambulance owners are located within or       133          

without the state, in order to furnish or obtain the services of   134          

ambulance service organizations, to furnish or obtain additional   135          

services from ambulance service organizations in times of          136          

emergency, to furnish or obtain the services of emergency medical  137          

service organizations, or, in counties with a population of forty  138          

thousand or less, to furnish or obtain services of nonemergency    139          

patient transport service organizations, or may enter into a       141          

contract with any such entity to furnish or obtain the                          

interchange of services from ambulance or emergency medical        142          

service organizations, or, within counties with a population of    143          

forty thousand or less, to furnish or obtain the interchange of    144          

services from nonemergency patient transport service               146          

organizations, within the territories of the contracting           147          

subdivisions.  Such contracts shall not be entered into with a     148          

public agency or nonprofit corporation that receives more than     149          

half of its operating funds from governmental entities with the    150          

intention of directly competing with the operation of other        151          

ambulance service organizations, nonemergency patient transport    152          

service organizations, or emergency medical service organizations  153          

in the county unless the public agency or nonprofit corporation    155          

is awarded the contract after submitting the lowest and best bid   156          

to the board of county commissioners.  Any county wishing to       157          

commence operation of a nonemergency patient transport service     159          

organization or wishing to enter into a contract for the first     161          

time to furnish or obtain services from a nonemergency patient     162          

transport service organization on or after March 1, 1993,          163          

including a county in which a private provider has been providing  165          

the service, shall demonstrate the need for public funding for     166          

the service to, and obtain approval from, the Ohio STATE BOARD OF  167          

emergency medical services board or its immediate successor board  169          

prior to operating or funding the organization.                    170          

      When such an organization is operated by the board, the      172          

organization may be administered by the board, by the county       173          

                                                          5      

                                                                 
sheriff, or by another county officer or employee designated by    174          

the board.  All rules, including the determining of reasonable     175          

rates, necessary for the establishment, operation, and             176          

maintenance of such an organization shall be adopted by the        177          

board.                                                             178          

      A contract for services of an ambulance service,             180          

nonemergency patient transport service, or emergency medical       182          

service organization shall include the terms, conditions, and      183          

stipulations as agreed to by the parties to the contract.  It may  184          

provide for a fixed annual charge to be paid at the times agreed   185          

upon and stipulated in the contract, or for compensation based     186          

upon a stipulated price for each run, call, or emergency or the    187          

number of persons or pieces of apparatus employed, or the elapsed  188          

time of service required in such run, call, or emergency, or any   189          

combination thereof.                                                            

      Sec. 307.051.  As used in this section, "emergency medical   198          

service organization" has the same meaning as in section 4766.01   199          

of the Revised Code.                                                            

      A board of county commissioners, by adoption of an           201          

appropriate resolution, may choose to have the Ohio ambulance      202          

licensing board license any emergency medical service              203          

organization it operates.  If a board adopts such a resolution,    204          

CHAPTER 4766. OF THE REVISED CODE, EXCEPT FOR sections 4766.01 to  205          

4766.05 4766.06 and 4766.07 to 4766.12 4766.99 of the Revised      206          

Code and all rules adopted under those sections are applicable,    207          

APPLIES to the county emergency medical service organization.      209          

ALL RULES ADOPTED UNDER THE APPLICABLE SECTIONS OF THAT CHAPTER    210          

ALSO APPLY TO THE ORGANIZATION.  A board, by adoption of an        211          

appropriate resolution, may remove its emergency medical service   212          

organization from the jurisdiction of the Ohio ambulance           213          

licensing board.                                                                

      Sec. 307.055.  (A)  Subject to the terms and conditions of   222          

the joint resolution creating it, each joint emergency medical     223          

services district may furnish ambulance services and emergency     224          

                                                          6      

                                                                 
medical services by one of the following methods:                  225          

      (1)  By operating an emergency medical service organization  227          

as defined in section 4765.01 of the Revised Code;                 228          

      (2)  By contracting for the operation of one or more         230          

facilities pursuant to division (C) or (D) of this section;        231          

      (3)  By providing necessary services and equipment to the    233          

district either directly or under a contract entered into          234          

pursuant to division (B) of this section;                          235          

      (4)  By providing service through any combination of         237          

methods described in divisions (A)(1) to (3) of this section.      238          

      (B)  In order to obtain ambulance service, to obtain         240          

additional ambulance service in times of emergency, or to obtain   241          

emergency medical services, a joint emergency medical services     242          

district may enter into a contract, for a period not to exceed     243          

three years, with one or more counties, townships, municipal       244          

corporations, joint fire districts, other governmental units that  245          

provide ambulance service or emergency medical services,           246          

nonprofit corporations, or private ambulance owners, regardless    247          

of whether the entities contracted with are located within or      248          

outside the THIS state, upon such terms as are agreed to, to       249          

furnish or receive ambulance services or the interchange of        251          

ambulance services or emergency medical services within the        252          

several territories of the contracting subdivisions, if the        253          

contract is first authorized by all boards of trustees and         254          

legislative authorities in the territories to be served.           255          

      Such a contract may provide for a fixed annual charge to be  257          

paid at the times agreed upon and stipulated in the contract; or   258          

for compensation based on a stipulated price for each run, call,   259          

or emergency or based on the elapsed time of service required for  260          

each run, call, or emergency, or based on any combination of       261          

these.                                                             262          

      Expenditures of a district for ambulance service or          264          

emergency medical service, whether pursuant to contract or         265          

otherwise, are lawful expenditures, regardless of whether the      266          

                                                          7      

                                                                 
district or the party with which it contracts charges an           267          

additional fee to users of the service.                            268          

      (C)  The board of trustees may enter into a contract with    270          

any person, municipal corporation, township, or other political    271          

subdivision, and any political subdivision may contract with the   272          

board, for the operation and maintenance of emergency medical      273          

services facilities regardless of whether the facilities used are  274          

owned or leased by the district, by another political              275          

subdivision, or by the contractor.                                 276          

      (D)  The district may purchase, lease, and maintain all      278          

materials, buildings, land, and equipment, including vehicles,     279          

the board considers necessary for the district.                    280          

      When the board finds, by resolution, that the district has   282          

personal property that is not needed for public use, or is         283          

obsolete or unfit for the use for which it was acquired, the       284          

board may dispose of the property in the same manner as provided   285          

in section 307.12 of the Revised Code.                                          

      (E)  Any contract entered into by a joint emergency medical  287          

services district shall conform to the same bidding requirements   288          

as THAT apply to county contracts under sections 307.86 to 307.92  290          

of the Revised Code.                                               291          

      (F)  A county participating in a joint district may          293          

contribute any of its rights or interests in real or personal      294          

property, including money, and may contribute services to the      295          

district.  Any such contributions shall be made by a written       296          

agreement between the contributing county and the district,        297          

specifying the contribution as well as the rights of the           298          

participating counties in the contributed property.  Written       299          

agreements shall also be prepared specifying the rights of         300          

participating counties in property acquired by the district other  301          

than by contribution of a participating county.  Written           302          

agreements required by this division may be amended only by        303          

written agreement of all parties to the original agreement.        304          

      (G)  A DISTRICT'S BOARD OF TRUSTEES, BY ADOPTION OF AN       306          

                                                          8      

                                                                 
APPROPRIATE RESOLUTION, MAY CHOOSE TO HAVE THE OHIO AMBULANCE      307          

LICENSING BOARD LICENSE ANY EMERGENCY MEDICAL SERVICE              309          

ORGANIZATION THE DISTRICT OPERATES.  IF A BOARD ADOPTS SUCH A                   

RESOLUTION, CHAPTER 4766. OF THE REVISED CODE, EXCEPT FOR          310          

SECTIONS 4766.06 AND 4766.99 OF THE REVISED CODE, APPLIES TO THE   312          

DISTRICT EMERGENCY MEDICAL SERVICE ORGANIZATION.  ALL RULES        313          

ADOPTED UNDER THE APPLICABLE SECTIONS OF THAT CHAPTER ALSO APPLY   314          

TO THE ORGANIZATION.  A BOARD, BY ADOPTION OF AN APPROPRIATE       317          

RESOLUTION, MAY REMOVE THE DISTRICT EMERGENCY MEDICAL SERVICE                   

ORGANIZATION FROM THE JURISDICTION OF THE OHIO AMBULANCE           318          

LICENSING BOARD.                                                   319          

      Sec. 505.37.  (A)  The board of township trustees may        328          

establish all necessary rules to guard against the occurrence of   329          

fires and to protect the property and lives of the citizens        330          

against damage and accidents, and may, with the approval of the    331          

specifications by the prosecuting attorney, purchase or otherwise  332          

provide any fire apparatus, mechanical resuscitators, or other     333          

equipment, appliances, materials, fire hydrants, and water supply  334          

for fire-fighting purposes that seems advisable to the board. The  336          

board shall provide for the care and maintenance of fire                        

equipment, and, for such purposes, may purchase, lease, or         337          

construct and maintain necessary buildings, and it may establish   338          

and maintain lines of fire-alarm communications within the limits  339          

of the township.  The board may employ one or more persons to      340          

maintain and operate fire-fighting equipment, or it may enter      341          

into an agreement with a volunteer fire company for the use and    342          

operation of fire-fighting equipment.  The board may compensate    343          

the members of a volunteer fire company on any basis and in any    344          

amount that it considers equitable.                                345          

      (B)  The boards of township trustees of any two or more      347          

townships, or the legislative authorities of any two or more       348          

political subdivisions, or any combination thereof, may, through   349          

joint action, unite in the joint purchase, maintenance, use, and   350          

operation of fire-fighting equipment, or for any other purpose     351          

                                                          9      

                                                                 
designated in sections 505.37 to 505.42 of the Revised Code, and   352          

may prorate the expense of the joint action on any terms that are  353          

mutually agreed upon.                                              354          

      (C)  The board of township trustees of any township may, by  356          

resolution, whenever it is expedient and necessary to guard        357          

against the occurrence of fires or to protect the property and     358          

lives of the citizens against damages resulting from their         359          

occurrence, create a fire district of any portions of the          360          

township that it considers necessary.  The board may purchase or   361          

otherwise provide any fire apparatus, appliances, materials, fire  362          

hydrants, and water supply for fire-fighting purposes, or may      363          

contract for the fire protection for the fire district as          364          

provided in section 9.60 of the Revised Code.  The fire district   365          

so created shall be given a separate name by which it shall be     366          

known.                                                             367          

      Additional unincorporated territory of the township may be   369          

added to a fire district upon the board's adoption of a            370          

resolution authorizing the addition.  A municipal corporation      371          

that is within or adjoining the township may be added to a fire    372          

district upon the board's adoption of a resolution authorizing     373          

the addition and the municipal legislative authority's adoption    374          

of a resolution or ordinance requesting the addition of the        375          

municipal corporation to the fire district.                        376          

      If the township fire district imposes a tax, additional      378          

unincorporated territory of the township or a municipal            379          

corporation that is within or adjoining the township shall become  380          

part of the fire district only after all of the following have     381          

occurred:                                                          382          

      (1)  Adoption by the board of township trustees of a         384          

resolution approving the expansion of the territorial limits of    385          

the district and, if the resolution proposes to add a municipal    386          

corporation, adoption by the municipal legislative authority of a  387          

resolution or ordinance requesting the addition of the municipal   388          

corporation to the district;                                       389          

                                                          10     

                                                                 
      (2)  Adoption by the board of township trustees of a         391          

resolution recommending the extension of the tax to the            392          

additional territory;                                              393          

      (3)  Approval of the tax by the electors of the territory    395          

proposed for addition to the district.                             396          

      Each resolution of the board adopted under division (C)(2)   398          

of this section shall state the name of the fire district, a       399          

description of the territory to be added, and the rate and         400          

termination date of the tax, which shall be the rate and           401          

termination date of the tax currently in effect in the fire        402          

district.                                                          403          

      The board of trustees shall certify each resolution adopted  405          

under division (C)(2) of this section to the board of elections    406          

in accordance with section 5705.19 of the Revised Code.  The       407          

election required under division (C)(3) of this section shall be   408          

held, canvassed, and certified in the manner provided for the      409          

submission of tax levies under section 5705.25 of the Revised      410          

Code, except that the question appearing on the ballot shall       411          

read:                                                              412          

      "Shall the territory within ........................         414          

       (description of the proposed territory to be added)         415          

be added to ..................................... fire district,   417          

                             (name)                                418          

and a property tax at a rate of taxation not exceeding ......      420          

(here insert tax rate) be in effect for .......... (here insert    421          

the number of years the tax is to be in effect or "a continuing    422          

period of time," as applicable)?"                                  423          

      If the question is approved by at least a majority of the    425          

electors voting on it, the joinder shall be effective as of the    426          

first day of July of the year following approval, and on that      427          

date, the township fire district tax shall be extended to the      428          

taxable property within the territory that has been added.  If     429          

the territory that has been added is a municipal corporation and   430          

if it had adopted a tax levy for fire purposes, the levy is        431          

                                                          11     

                                                                 
terminated on the effective date of the joinder.                   432          

      Any municipal corporation may withdraw from a township fire  434          

district created under division (C) of this section by the         435          

adoption by the municipal legislative authority of a resolution    436          

or ordinance ordering withdrawal.  On the first day of July of     437          

the year following the adoption of the resolution or ordinance of  438          

withdrawal, the municipal corporation withdrawing ceases to be a   439          

part of such district and the power of the fire district to levy   440          

a tax upon taxable property in the withdrawing municipal           441          

corporation terminates, except that the fire district shall        442          

continue to levy and collect taxes for the payment of              443          

indebtedness within the territory of the fire district as it was   444          

composed at the time the indebtedness was incurred.                445          

      Upon the withdrawal of any municipal corporation from a      447          

township fire district created under division (C) of this          448          

section, the county auditor shall ascertain, apportion, and order  449          

a division of the funds on hand, moneys and taxes in the process   450          

of collection except for taxes levied for the payment of           451          

indebtedness, credits, and real and personal property, either in   452          

money or in kind, on the basis of the valuation of the respective  453          

tax duplicates of the withdrawing municipal corporation and the    454          

remaining territory of the fire district.                          455          

      A board of township trustees may remove unincorporated       457          

territory of the township from the fire district upon the          458          

adoption of a resolution authorizing the removal.  On the first    459          

day of July of the year following the adoption of such a           460          

resolution, the unincorporated township territory described in     461          

the resolution ceases to be a part of such district and the power  462          

of the fire district to levy a tax upon taxable property in that   463          

territory terminates, except that the fire district shall          464          

continue to levy and collect taxes for the payment of              465          

indebtedness within the territory of the fire district as it was   466          

composed at the time the indebtedness was incurred.                467          

      (D)  The board of township trustees of any township, the     469          

                                                          12     

                                                                 
board of fire district trustees of a fire district created under   470          

section 505.371 of the Revised Code, or the legislative authority  471          

of any municipal corporation may purchase the necessary            472          

fire-fighting equipment, buildings, and sites for the township,    473          

fire district, or municipal corporation and pay for it over a      474          

period of nine years.  The board of township trustees, board of    475          

fire district trustees, or legislative authority may also          476          

construct any buildings necessary to house fire-fighting           477          

equipment and pay for the buildings over a period of nine years.   478          

The board of township trustees, board of fire district trustees,   479          

or legislative authority may issue the notes of the township,      480          

fire district, or municipal corporation, signed by the board or    481          

designated officer of the municipal corporation and attested by    482          

the signature of the township, fire district, or municipal clerk,  483          

covering such deferred payments and payable at the times           484          

provided, which notes shall bear interest not to exceed the rate   485          

determined as provided in section 9.95 of the Revised Code, and    486          

shall not be subject to Chapter 133. of the Revised Code.  The     487          

legislation authorizing the issuance of the notes shall provide    488          

for levying and collecting annually by taxation, amounts           489          

sufficient to pay the interest on and principal of the notes.  At  490          

least one-ninth of the purchase price or construction cost shall   491          

be paid in cash at the time of purchase as provided in the         492          

contract and the remainder of the purchase price or construction   493          

cost shall be paid in not more than eight equal annual             494          

installments.  Each installment shall be not less than one-eighth  495          

of the deferred portion of the purchase price or construction      496          

cost and shall be secured by a note which may contain a clause     497          

permitting prepayment at the option of the board or legislative    498          

authority.  The notes shall be offered for sale on the open        499          

market or given to the vendor or contractor if no sale is made.    500          

      (E)  A board of township trustees of any township or a       502          

board of fire district trustees of a fire district created under   503          

section 505.371 of the Revised Code may purchase a policy or       504          

                                                          13     

                                                                 
policies of liability insurance for the officers, employees, and   505          

appointees of the fire department, fire district, or joint fire    506          

district governed by the board that includes personal injury       507          

liability coverage as to the civil liability of such officers,     508          

employees, and appointees for false arrest, detention, or          509          

imprisonment, malicious prosecution, libel, slander, defamation    510          

or other violation of the right of privacy, wrongful entry or      511          

eviction, or other invasion of the right of private occupancy,     512          

arising out of the performance of their duties.                    513          

      When a board of township trustees cannot, by deed of gift    515          

or by purchase and upon terms it considers reasonable, procure     516          

land for a township fire station that is needed in order to        517          

respond in reasonable time to a fire or medical emergency, the     518          

board may appropriate such land for that purpose under sections    519          

163.01 to 163.22 of the Revised Code.  If it is necessary to       520          

acquire additional adjacent land for enlarging or improving the    521          

fire station, the board may purchase, appropriate, or accept a     522          

deed of gift for the land for these purposes.                      523          

      (F)  As used in this division, "emergency medical service    525          

organization" has the same meaning as in section 4766.01 of the    526          

Revised Code.                                                      527          

      A board of township trustees, by adoption of an appropriate  529          

resolution, may choose to have the Ohio ambulance licensing board  530          

license any emergency medical service it operates.  If the board   531          

adopts such a resolution, CHAPTER 4766. OF THE REVISED CODE,       532          

EXCEPT FOR sections 4766.01 to 4766.05 4766.06 and 4766.07 to      534          

4766.12 4766.99 of the Revised Code and all rules adopted under    535          

those sections are applicable, APPLIES to the organization.  ALL   537          

RULES ADOPTED UNDER THE APPLICABLE SECTIONS OF THAT CHAPTER ALSO                

APPLY TO THE ORGANIZATION.  A board of township trustees, by       539          

adoption of an appropriate resolution, may remove its emergency    540          

medical service organization from the jurisdiction of the Ohio     541          

ambulance licensing board.                                                      

      Sec. 505.375.  (A)  The board of a joint ambulance district  551          

                                                          14     

                                                                 
created under section 505.71 of the Revised Code and the board of  553          

a joint fire district created under section 505.371 of the                      

Revised Code may negotiate in accordance with this section to      555          

combine their two joint districts into a single district, called   556          

a fire and ambulance district, for the delivery of both fire and   557          

ambulance services, if the geographic area covered by the          558          

combining joint districts is exactly the same.  Both boards shall  559          

adopt a joint resolution ratifying the agreement and setting a     560          

date on which the fire and ambulance district shall come into      561          

being.  On that date, the joint fire district and the joint                     

ambulance district shall cease to exist and the power of each to   562          

levy a tax upon taxable property shall terminate, except that any  563          

levy of a tax for the payment of indebtedness within the           564          

territory of the joint fire or joint ambulance district as it was  566          

composed at the time the indebtedness was incurred shall continue               

to be collected by the successor fire and ambulance district if    567          

the indebtedness remains unpaid.                                   568          

      All funds and other property of the joint districts that     570          

combined into the fire and ambulance district shall become the     571          

property of the fire and ambulance district, unless otherwise      572          

provided in the negotiated agreement.  The agreement shall         573          

provide for the settlement of all debts and obligations of the     574          

joint districts.                                                                

      (B)  The governing body of the fire and ambulance district   577          

shall be a board of trustees of at least three but no more than    578          

nine members, appointed as provided in the agreement creating the  579          

district.  Members of the board of trustees may be compensated at  580          

a rate not to exceed thirty dollars per meeting for not more than  581          

fifteen meetings per year, and may be reimbursed for all                        

necessary expenses incurred as provided in the agreement creating  582          

the district.                                                      583          

      The board shall employ a clerk and such other employees as   585          

it considers best, including a fire chief or fire prevention       586          

officers, and shall fix their compensation.  Before entering upon  587          

                                                          15     

                                                                 
the duties of  office, the clerk shall execute a bond, in the      588          

amount and with surety to be approved by the board, payable to     590          

the state, conditioned for the faithful performance of all of the  591          

clerk's official duties.  The clerk shall deposit the bond with    592          

the presiding officer of the board, who shall file a copy of it,                

certified by the presiding officer, with the county auditor of     593          

the county containing the most territory in the district.          594          

      The board shall also provide for the appointment of a        596          

fiscal officer for the district.  The board may also enter into    597          

agreements with volunteer fire companies for the use and           598          

operation of fire-fighting equipment.  Volunteer fire fighters     599          

FIREFIGHTERS acting under such an agreement are subject to the     600          

requirements for volunteer fire fighters FIREFIGHTERS set forth    601          

in division (A) of section 505.38 of the Revised Code.             602          

      Employees of the district shall not be removed from office   604          

except as provided by sections 733.35 to 733.39 of the Revised     606          

Code, except that to initiate removal proceedings, the board       607          

shall designate a private citizen, or if the employee is employed  608          

as a fire fighter FIREFIGHTER the board may designate the fire     609          

chief to investigate, conduct the proceedings, and prepare the     610          

necessary charges in conformity with sections 733.35 to 733.39 of  611          

the Revised Code, and except that the board shall perform the      612          

functions and duties specified for the municipal legislative       613          

authority under those sections.   The board may pay reasonable     614          

compensation to any private citizen hired for services rendered    616          

in the matter.                                                                  

      No person shall be appointed as a permanent full-time paid   618          

member of the district whose duties include fire fighting, or be   619          

appointed as a volunteer fire fighter FIREFIGHTER, unless that     620          

person has received a certificate issued under former section      622          

3303.07 or section 4765.55 of the Revised Code evidencing          623          

satisfactory completion of a fire fighter FIREFIGHTER training     624          

program.  The board may send its officers and fire fighters        625          

FIREFIGHTERS to schools of instruction designed to promote the     627          

                                                          16     

                                                                 
efficiency of fire fighters FIREFIGHTERS, and, if authorized in    628          

advance, may pay their necessary expenses from the funds used for  629          

the maintenance and operation of the district.                     630          

      The board may choose, by adoption of an appropriate          632          

resolution, to have the Ohio ambulance licensing board license     634          

any emergency medical service organization it operates.  If the                 

board adopts such a resolution, CHAPTER 4766. OF THE REVISED       635          

CODE, EXCEPT FOR sections 4766.01 to 4766.05 4766.06 and 4766.07   636          

to 4766.12 4766.99 of the Revised Code and all rules adopted       637          

under those sections are applicable, APPLIES to the organization.  639          

ALL RULES ADOPTED UNDER THE APPLICABLE SECTIONS OF THAT CHAPTER    640          

ALSO APPLY TO THE ORGANIZATION.  The board may likewise, by        641          

resolution, remove its emergency medical service organization      642          

from the jurisdiction of the Ohio ambulance licensing board.       644          

      (C)  The board may exercise the following powers:            646          

      (1)  Purchase or otherwise provide any fire apparatus,       648          

mechanical resuscitators, or other fire or ambulance equipment,    649          

appliances, or materials; fire hydrants; and water supply for      650          

fire-fighting purposes that seems advisable to the board;          651          

      (2)  Provide for the care and maintenance of equipment and,  653          

for that purpose, purchase, lease, or construct and maintain       654          

necessary buildings;                                                            

      (3)  Establish and maintain lines of fire-alarm              656          

communications within the limits of the district;                  657          

      (4)  Appropriate land for a fire station or medical          659          

emergency unit needed in order to respond in reasonable time to a  660          

fire or medical emergency, in accordance with Chapter 163. of the  661          

Revised Code;                                                                   

      (5)  Purchase, appropriate, or accept a deed or gift of      663          

land to enlarge or improve a fire station or medical emergency     664          

unit;                                                                           

      (6)  Purchase, lease, maintain, and use all materials,       666          

equipment, vehicles, buildings, and land necessary to perform its  667          

duties;                                                                         

                                                          17     

                                                                 
      (7)  Contract for a period not to exceed three years with    669          

one or more townships, municipal corporations, counties, joint     670          

fire districts, governmental agencies, nonprofit corporations, or  672          

private ambulance owners located either within or outside the      673          

state, to furnish or receive ambulance services or emergency       674          

medical services within the several territories of the             676          

contracting parties, if the contract is first authorized by all                 

boards of trustees and legislative authorities concerned;          677          

      (8)  Establish all necessary rules to guard against the      679          

occurrence of fires and to protect property and lives against      680          

damage and accidents;                                              681          

      (9)  Adopt a standard code pertaining to fire, fire          683          

hazards, and fire prevention prepared and promulgated by the       684          

state or by a public or private organization that publishes a      685          

model or standard code;                                                         

      (10)  Provide for charges for false alarms at commercial     687          

establishments in the same manner as joint fire districts are      688          

authorized to do under section 505.391 of the Revised Code;        689          

      (11)  Issue bonds and other evidences of indebtedness,       691          

subject to Chapter 133. of the Revised Code, but only after        692          

approval by a vote of the electors of the district as provided by  693          

section 133.18 of the Revised Code;                                             

      (12)  To provide the services and equipment it considers     695          

necessary, levy a sufficient tax, subject to Chapter 5705. of the  697          

Revised Code, on all the taxable property in the district.                      

      (D)  Any municipal corporation or township may join an       700          

existing fire and ambulance district by its legislative                         

authority's adoption of a resolution requesting such membership    703          

and upon approval of the board of the district.  Any municipal     704          

corporation or township may withdraw from a district by its                     

legislative authority's adoption of a resolution ordering          706          

withdrawal.  Upon its withdrawal, the municipal corporation or     707          

township ceases to be a part of the district and the district's    708          

power to levy a tax on taxable property in the withdrawing         709          

                                                          18     

                                                                 
township or municipal corporation terminates, except that the      710          

district shall continue to levy and collect taxes for the payment  711          

of indebtedness within the territory of the district as it was     712          

composed at the time the indebtedness was incurred.                             

      Upon the withdrawal of any township or municipal             714          

corporation from a district, the county auditor of the county      715          

containing the most territory in the district shall ascertain,     716          

apportion, and order a division of the funds on hand, moneys and   717          

taxes in the process of collection except for taxes levied for     718          

the payment of indebtedness, credits, and real and personal        719          

property on the basis of the valuation of the respective tax       720          

duplicates of the withdrawing municipal corporation or township    721          

and the remaining territory of the district.                                    

      (E)  As used in this section:                                723          

      (1)  "Governmental agency" includes all departments,         725          

boards, offices, commissions, agencies, colleges, universities,    726          

institutions, and other instrumentalities of this or another       727          

state.                                                                          

      (2)  "Emergency medical service organization" has the same   729          

meaning as in section 4766.01 of the Revised Code.                 731          

      Sec. 505.44.  As used in this section:                       740          

      (A)  "Emergency medical service organization" has the same   742          

meaning as in section 4765.01 of the Revised Code.                 743          

      (B)  "State agency" means all departments, boards, offices,  745          

commissions, agencies, colleges, universities, institutions, and   746          

other instrumentalities of this or another state.                  747          

      In order to obtain the services of ambulance service         749          

organizations, to obtain additional services from ambulance        750          

service organizations in times of emergency, to obtain the         751          

services of emergency medical service organizations, or, if the    752          

township is located in a county with a population of forty         753          

thousand or less, to obtain the services of nonemergency patient   754          

transport service organizations, a township may enter into a       756          

contract with one or more state agencies, townships, municipal     757          

                                                          19     

                                                                 
corporations, counties, nonprofit corporations, joint emergency    758          

medical services districts, fire and ambulance districts, or       759          

private ambulance owners, regardless of whether such state         761          

agencies, townships, municipal corporations, counties, nonprofit   762          

corporations, joint emergency medical services districts, fire     763          

and ambulance districts, or private ambulance owners are located   764          

within or outside the state, upon such terms as are agreed to by   765          

them, to furnish or receive services from ambulance or emergency   766          

medical service organizations or, if the township is located in a  767          

county with a population of forty thousand or less, to furnish or  768          

receive services from nonemergency patient transport service       770          

organizations, or may enter into a contract for the interchange    771          

of services from ambulance or emergency medical service            773          

organizations or, if the township is located in a county with a    774          

population of forty thousand or less, the interchange of services  775          

from nonemergency patient transport service organizations, within  776          

the several territories of the contracting parties, if the         777          

contract is first authorized by the respective boards of township  778          

trustees, the other legislative bodies, or the officer or body     779          

authorized to contract on behalf of the state agency.  Such        780          

contracts shall not be entered into with a state agency or         781          

nonprofit corporation that receives more than half of its          782          

operating funds from governmental entities with the intention of   783          

directly competing with the operation of other ambulance,          784          

emergency medical, or nonemergency patient transport service       786          

organizations in the township unless the state agency or           788          

nonprofit corporation is awarded the contract after submitting     789          

the lowest and best bid to the board of township trustees.         790          

      The contract may provide for a fixed annual charge to be     792          

paid at the times agreed upon and stipulated in the contract, or   793          

for compensation based upon a stipulated price for each run,       794          

call, or emergency, or the elapsed time of service required in     795          

such run, call, or emergency, or any combination thereof.          796          

      Any township wishing to commence providing or wishing to     798          

                                                          20     

                                                                 
enter into a contract for the first time to furnish or obtain      799          

services from nonemergency patient transport service               801          

organizations on or after March 1, 1993, including a township in   802          

which a private provider has been providing the service, shall     803          

demonstrate the need for public funding for the service to, and    804          

obtain approval from, the Ohio STATE BOARD OF emergency medical    806          

services board or its immediate successor board prior to the       807          

establishment of a township-operated or township-funded service.   808          

      Sec. 505.72.  (A)  The board of trustees of a joint          817          

ambulance district shall provide for the employment of such        818          

employees as it considers best, and shall fix their compensation.  819          

Such employees shall continue in office until removed as provided  820          

by sections 733.35 to 733.39 of the Revised Code.  To initiate     821          

removal proceedings, and for such purpose, the board shall         822          

designate a private citizen to investigate the conduct and         823          

prepare the necessary charges in conformity with sections 733.35   824          

to 733.39 of the Revised Code.  The board may pay reasonable       825          

compensation to such person for his THE PERSON'S services.         826          

      In case of the removal of an employee of the district, an    828          

appeal may be had from the decision of the board to the court of   829          

common pleas of the county in which such district, or part of it,  830          

is situated, to determine the sufficiency of the cause of          831          

removal.  Such appeal from the findings of the board shall be      832          

taken within ten days.                                             833          

      (B)  As used in this division, "emergency medical service    835          

organization" has the same meaning as in section 4765.01 of the    836          

Revised Code.                                                      837          

      (1)  In order to obtain the services of ambulance service    839          

organizations, to obtain additional services from ambulance        840          

service organizations in times of emergency, or to obtain the      841          

services of emergency medical service organizations, a district    842          

may enter into a contract, for a period not to exceed three        843          

years, with one or more townships, municipal corporations, joint   844          

fire districts, nonprofit corporations, any other governmental     845          

                                                          21     

                                                                 
unit that provides ambulance services or emergency medical         846          

services, or with private ambulance owners, regardless of whether  847          

such townships, municipal corporations, joint fire districts,      848          

nonprofit corporations, governmental unit, or private ambulance    849          

owners are located within or without the THIS state, upon such     850          

terms as are agreed to, to furnish or receive services from        852          

ambulance or emergency medical service organizations or the        853          

interchange of services from ambulance or emergency medical        854          

service organizations within the several territories of the        855          

contracting subdivisions, if such contract is first authorized by  856          

all boards of trustees and legislative authorities concerned.      857          

      The contract may provide for a fixed annual charge to be     859          

paid at the times agreed upon and stipulated in the contract, or   860          

for compensation based upon a stipulated price for each run,       861          

call, or emergency, or the elapsed time of service required in     862          

such run, call, or emergency, or any combination thereof.          863          

      (2)  Expenditures of a district for the services of          865          

ambulance service organizations or emergency medical service       866          

organizations, whether pursuant to contract or otherwise, are      867          

lawful expenditures, regardless of whether the district or the     868          

party with which it contracts charges additional fees to users of  869          

the services.                                                      870          

      (3)  A DISTRICT'S BOARD OF TRUSTEES, BY ADOPTION OF AN       872          

APPROPRIATE RESOLUTION, MAY CHOOSE TO HAVE THE OHIO AMBULANCE      873          

LICENSING BOARD LICENSE ANY EMERGENCY MEDICAL SERVICE              875          

ORGANIZATION THE DISTRICT OPERATES.  IF A BOARD ADOPTS SUCH A                   

RESOLUTION, CHAPTER 4766. OF THE REVISED CODE, EXCEPT FOR          876          

SECTIONS 4766.06 AND 4766.99 OF THE REVISED CODE, APPLIES TO THE   878          

DISTRICT EMERGENCY MEDICAL SERVICE ORGANIZATION.  ALL RULES        879          

ADOPTED UNDER THE APPLICABLE SECTIONS OF THAT CHAPTER ALSO APPLY   880          

TO THE ORGANIZATION.  A BOARD, BY ADOPTION OF AN APPROPRIATE       881          

RESOLUTION, MAY REMOVE THE DISTRICT EMERGENCY MEDICAL SERVICE                   

ORGANIZATION FROM THE JURISDICTION OF THE OHIO AMBULANCE           882          

LICENSING BOARD.                                                   883          

                                                          22     

                                                                 
      (C)  Ambulance services or emergency medical services        885          

rendered for a joint ambulance district under this section and     886          

section 505.71 of the Revised Code shall be deemed services of     887          

the district.  These sections do not authorize suits against a     888          

district or any township or municipal corporation providing or     889          

receiving, or contracting to provide or receive, such services     890          

under these sections for damages for injury or loss to persons or  891          

property or for wrongful death caused by persons providing such    892          

services.                                                          893          

      Sec. 2909.01.  As used in sections 2909.01 to 2909.07 of     902          

the Revised Code:                                                  903          

      (A)  To "create a substantial risk of serious physical harm  905          

to any person" includes the creation of a substantial risk of      906          

serious physical harm to any emergency personnel.                  907          

      (B)  "Emergency personnel" means any of the following        909          

persons:                                                           910          

      (1)  A peace officer, as defined in section 2935.01 of the   912          

Revised Code;                                                      913          

      (2)  A member of a fire department or other firefighting     915          

agency of a municipal corporation, township, township fire         916          

district, joint fire district, other political subdivision, or     917          

combination of political subdivisions;                             918          

      (3)  A member of a private fire company, as defined in       920          

section 9.60 of the Revised Code, or a volunteer firefighter;      921          

      (4)  A member of a joint ambulance district OR JOINT         923          

EMERGENCY MEDICAL SERVICES DISTRICT;                               924          

      (5)  An emergency medical technician-basic, emergency        926          

medical technician-intermediate, emergency medical                 927          

technician-paramedic, ambulance operator, or other member of an    928          

emergency medical service that is owned or operated by a           929          

political subdivision or a private entity;                                      

      (6)  The state fire marshal, an assistant state marshal, or  931          

an arson investigator of the office of the state fire marshal;     932          

      (7)  A fire prevention officer of a political subdivision    934          

                                                          23     

                                                                 
or an arson investigator or similar inspector of a political       935          

subdivision.                                                       936          

      (C)  "Occupied structure" means any house, building,         938          

outbuilding, watercraft, aircraft, railroad car, truck, trailer,   939          

tent, or other structure, vehicle, or shelter, or any portion      940          

thereof, to which any of the following applies:                    941          

      (1)  It is maintained as a permanent or temporary dwelling,  943          

even though it is temporarily unoccupied and whether or not any    944          

person is actually present.                                        945          

      (2)  At the time, it is occupied as the permanent or         947          

temporary habitation of any person, whether or not any person is   948          

actually present.                                                  949          

      (3)  At the time, it is specially adapted for the overnight  951          

accommodation of any person, whether or not any person is          952          

actually present.                                                  953          

      (4)  At the time, any person is present or likely to be      955          

present in it.                                                     956          

      (D)  "Political subdivision" and "state" have the same       958          

meanings as in section 2744.01 of the Revised Code.                959          

      Sec. 4503.49.  (A)  Any AS USED IN THIS SECTION,             969          

"AMBULANCE," "EMERGENCY MEDICAL SERVICE ORGANIZATION," AND         970          

"NONTRANSPORT VEHICLE" HAVE THE SAME MEANINGS AS IN SECTION                     

4766.01 OF THE REVISED CODE.                                       971          

      (B)  EACH private emergency medical service organization as  974          

defined in section 4766.01 of the Revised Code may SHALL apply to  975          

the registrar of motor vehicles for the registration of any        976          

ambulance or nontransport vehicle it owns OR LEASES.  The                       

application shall be accompanied by A COPY OF the vehicle permit   977          

or temporary permit CERTIFICATE OF LICENSURE issued TO THE         978          

ORGANIZATION by the Ohio ambulance licensing board to the service  980          

for the vehicle.                                                                

      (B)  Upon receipt of an application for the registration of  982          

a vehicle under this section and the vehicle permit or temporary   983          

permit, the registrar shall issue to the service appropriate       984          

                                                          24     

                                                                 
vehicle registration and a set of license plates and a validation  985          

sticker, or a validation sticker alone when required by section    986          

4503.191 of the Revised Code.  In addition to the letters and      987          

numbers ordinarily inscribed thereon, the license plates shall be  988          

inscribed with the words "EMS VEHICLE."  The license plates and    989          

validation sticker shall be issued upon payment of AND the         990          

FOLLOWING FEES:                                                    991          

      (1)  THE regular license fees TAX as prescribed under        994          

section 4503.04 of the Revised Code and any;                       995          

      (2)  ANY local license tax levied under Chapter 4504. of     997          

the Revised Code, and upon the payment of an;                      998          

      (3)  AN additional fee of seven dollars and fifty cents for  1,001        

issuance under this section.  The ADDITIONAL fee shall be for the  1,003        

purpose of compensating the bureau of motor vehicles for           1,004        

additional services required in the issuing of such licenses TO    1,005        

BE PERFORMED UNDER THIS SECTION and shall be transmitted by the    1,006        

registrar to the treasurer of state for deposit in the state       1,007        

bureau of motor vehicles fund created by section 4501.25 of the    1,009        

Revised Code.                                                                   

      (C)  ON RECEIPT OF A COMPLETE APPLICATION, THE REGISTRAR     1,011        

SHALL ISSUE TO THE APPLICANT THE APPROPRIATE CERTIFICATE OF        1,012        

REGISTRATION FOR THE VEHICLE AND DO ONE OF THE FOLLOWING:          1,013        

      (1)  ISSUE A SET OF LICENSE PLATES WITH A VALIDATION         1,015        

STICKER AND A SET OF STICKERS TO BE ATTACHED TO THE PLATES AS AN   1,016        

IDENTIFICATION OF THE VEHICLE'S CLASSIFICATION AS AN AMBULANCE OR  1,017        

NONTRANSPORT VEHICLE;                                                           

      (2)  ISSUE A VALIDATION STICKER ALONE WHEN SO REQUIRED BY    1,019        

SECTION 4503.191 OF THE REVISED CODE.                              1,020        

      Sec. 4765.09.  The state board of emergency medical          1,029        

services shall prepare recommendations for the operation of        1,030        

ambulance service organizations and emergency medical service      1,031        

organizations.  Within thirty days following each meeting of the   1,032        

board, the board shall notify any THE board of county              1,033        

commissioners OF ANY COUNTY, THE board of township trustees OF     1,035        

                                                          25     

                                                                 
ANY TOWNSHIP, or THE board of trustees of a ANY joint ambulance    1,037        

district, OR THE BOARD OF TRUSTEES OF ANY JOINT EMERGENCY MEDICAL  1,038        

SERVICES DISTRICT in which there exist ambulance service                        

organizations or emergency medical service organizations of any    1,039        

board recommendations for the operation of such organizations.     1,040        

The recommendations shall include, but not be limited to:          1,041        

      (A)  The definition and classification of ambulances;        1,043        

      (B)  The design, equipment, and supplies for ambulances;     1,045        

      (C)  The minimum number and type of personnel for the        1,047        

operation of ambulances;                                           1,048        

      (D)  The communication systems necessary for the operation   1,050        

of ambulances;                                                     1,051        

      (E)  Reports to be made by persons holding certificates of   1,053        

accreditation or approval issued under section 4765.17 of the      1,054        

Revised Code and certificates to practice issued under section     1,055        

4765.30 of the Revised Code to ascertain compliance with this      1,056        

chapter and the rules and recommendations adopted thereunder and   1,057        

to ascertain the quantity and quality of ambulance service         1,058        

organizations and emergency medical service organizations          1,059        

throughout the state.                                              1,060        

      Sec. 4765.10.  (A)  The state board of emergency medical     1,069        

services shall do all of the following:                            1,070        

      (1)  Administer and enforce the provisions of this chapter   1,072        

and the rules adopted under it;                                    1,073        

      (2)  Approve, in accordance with procedures established in   1,075        

rules adopted under section 4765.11 of the Revised Code,           1,076        

examinations that demonstrate competence to have a certificate to  1,077        

practice renewed without completing a continuing education         1,078        

program;                                                           1,079        

      (3)  Advise applicants for state or federal emergency        1,081        

medical services funds, review and comment on applications for     1,082        

these funds, and approve the use of all state and federal funds    1,083        

designated solely for emergency medical service programs unless    1,084        

federal law requires another state agency to approve the use of    1,085        

                                                          26     

                                                                 
all such federal funds;                                            1,086        

      (4)  Serve as a statewide clearinghouse for discussion,      1,088        

inquiry, and complaints concerning emergency medical services;     1,089        

      (5)  Make recommendations to the general assembly on         1,091        

legislation to improve the delivery of emergency medical           1,092        

services;                                                          1,093        

      (6)  Maintain a toll-free long distance telephone number     1,095        

through which it shall respond to questions about emergency        1,096        

medical services;                                                  1,097        

      (7)  Work with the office of state fire marshal MARSHAL'S    1,099        

OFFICE in coordinating the training of fire fighters FIREFIGHTERS  1,101        

and emergency medical services personnel when possible.  The       1,103        

office of state fire marshal shall cooperate with the board to     1,104        

achieve this goal.                                                              

      (8)  Provide a liaison to the state emergency operation      1,106        

center during those periods when a disaster, as defined in         1,107        

section 5502.21 of the Revised Code, has occurred in this state    1,108        

and the governor has declared an emergency as defined in that      1,109        

section;.                                                                       

      (B)  The board may do any of the following:                  1,112        

      (1)  Investigate complaints concerning emergency medical     1,114        

services and emergency medical service organizations as it         1,115        

determines necessary;                                              1,116        

      (2)  Enter into reciprocal agreements with other states      1,118        

that have standards for accreditation of emergency medical         1,119        

services training programs and for certification of EMT-As first   1,121        

responders, EMTs-basic, EMTs-I, or paramedics, FIREFIGHTERS, OR    1,122        

FIRE SAFETY INSPECTORS that are substantially similar to those     1,124        

established under this chapter and the rules adopted under it;     1,125        

      (3)  Establish a statewide public information system and     1,127        

public education programs regarding emergency medical services;    1,128        

      (4)  Establish an injury prevention program.                 1,130        

      (C)  In accordance with rules adopted under section 4765.11  1,132        

of the Revised Code, the board shall maintain the confidentiality  1,133        

                                                          27     

                                                                 
of any information it collects or receives under this chapter      1,134        

that would identify a specific patient or recipient of emergency   1,135        

medical services or trauma care, except as otherwise provided in   1,136        

section 149.43 of the Revised Code.  In any report prepared by     1,137        

the board, information regarding patients or recipients of         1,138        

emergency medical services or trauma care shall be presented only  1,139        

in aggregate statistical form.                                     1,140        

      Sec. 4765.37.  (A)  An emergency medical technician-basic    1,150        

shall perform the emergency medical services described in this     1,152        

section in accordance with this chapter and any rules adopted      1,153        

under it BY THE STATE BOARD OF EMERGENCY MEDICAL SERVICES.         1,154        

      (B)  An emergency medical technician-basic may operate, or   1,158        

be responsible for operation of, an ambulance and may provide                   

emergency medical services to patients.  In an emergency, an       1,160        

EMT-basic may determine the nature and extent of illness or        1,161        

injury and establish priority for required emergency medical       1,162        

services.  An EMT-basic may render emergency medical services      1,164        

such as opening and maintaining an airway, giving positive         1,165        

pressure ventilation, cardiac resuscitation, electrical            1,166        

interventions with automated defibrillators to support or correct  1,167        

the cardiac function and other methods determined by the board,    1,168        

controlling of hemorrhage, treatment of shock, immobilization of   1,169        

fractures, bandaging, assisting in childbirth, management of       1,170        

mentally disturbed patients, and initial care of poison and burn   1,171        

patients.  Where patients must in an emergency be extricated from  1,172        

entrapment, an EMT-basic may assess the extent of injury and       1,174        

render all possible emergency medical services and protection to   1,175        

the entrapped patient; provide light rescue services if an         1,176        

ambulance has not been accompanied by a specialized unit; and      1,177        

after extrication, provide additional care in sorting of the       1,178        

injured in accordance with standard emergency procedures.          1,179        

      (C)  An EMT-basic may perform any other emergency medical    1,182        

services approved pursuant to rules adopted under section 4765.11  1,183        

of the Revised Code.  The board shall determine whether the        1,184        

                                                          28     

                                                                 
nature of any such service requires that an EMT-basic receive      1,186        

authorization prior to performing the service.                     1,187        

      (D)(1)  Except as provided in division (D)(2) of this        1,189        

section, if the board determines under division (C) of this        1,190        

section that a service requires prior authorization, the service   1,191        

shall be performed only pursuant to the written or verbal          1,192        

authorization of a physician or of the cooperating physician       1,193        

advisory board, or pursuant to an authorization transmitted        1,194        

through a direct communication device by a physician or            1,195        

registered nurse designated by a physician.                        1,196        

      (2)  If communications fail during an emergency situation    1,198        

or the required response time prohibits communication, an          1,200        

EMT-basic may perform services subject to this division, if, in    1,201        

the judgment of the EMT-basic, the life of the patient is in       1,202        

immediate danger.  Services performed under these circumstances    1,203        

shall be performed in accordance with the written protocols        1,205        

established under section 4765.40 of the Revised Code by the       1,206        

emergency medical service organization with which the EMT-basic    1,208        

is affiliated.                                                                  

      Sec. 4765.56.  On receipt of a notice pursuant to section    1,217        

2301.373 of the Revised Code, the STATE BOARD OF emergency         1,218        

medical services board shall comply with that section with         1,220        

respect to a certificate to practice issued pursuant to this       1,221        

chapter.                                                                        

      Sec. 4766.01.  As used in this chapter:                      1,230        

      (A)  "Advanced life support" means treatment described in    1,232        

section 4765.39 of the Revised Code that a paramedic is certified  1,233        

to perform.                                                        1,234        

      (B)  "Ambulance" means any privately owned or leased motor   1,236        

vehicle that is specifically designed, constructed, or modified    1,237        

and equipped and is intended to be used for the transportation     1,238        

upon the streets or highways of this state of persons who are      1,239        

seriously ill, injured, wounded, or otherwise incapacitated or     1,240        

helpless.  "Ambulance" does not include a vehicle designed and     1,241        

                                                          29     

                                                                 
used solely for the transportation of nonstretcher-bound,          1,242        

hospitalized, or handicapped persons, whether HOSPITALIZED OR      1,243        

HANDICAPPED OR WHETHER ambulatory or confined to a wheelchair.     1,245        

      (C)  "Basic life support" means treatment described in       1,247        

section 4765.37 of the Revised Code that an EMT-basic is           1,249        

certified to perform.                                              1,250        

      (D)  "Disaster situation" means any condition or situation   1,252        

described by rule of the Ohio ambulance licensing board as a mass  1,253        

casualty, major emergency, natural disaster, or national           1,254        

emergency.                                                         1,255        

      (E)  "Emergency medical service organization" means an       1,257        

organization that uses EMTs-basic, EMTs-I, or paramedics, or a     1,260        

combination thereof, to provide medical care to victims of         1,261        

illness or injury.  An emergency medical service organization      1,262        

includes, but is not limited to, a commercial ambulance service    1,263        

organization, a hospital, and a funeral home.  It does not         1,264        

include any private, nonprofit organization when fifty per cent    1,265        

or more of its total personnel are volunteer personnel, as         1,266        

defined in division (M) of this section, or a volunteer fire       1,267        

department, volunteer rescue squad, or volunteer life squad.       1,268        

      (F)  "EMT-basic," "EMT-I," and "paramedic" have the same     1,270        

meanings as in section 4765.01 of the Revised Code.                1,271        

      (G)  "Intermediate life support" means treatment described   1,273        

in section 4765.38 of the Revised Code that an EMT-I is certified  1,275        

to perform.                                                                     

      (H)  "Major emergency" means any emergency event that        1,277        

cannot be resolved through the use of locally available emergency  1,278        

resources.                                                         1,279        

      (I)  "Mass casualty" means an emergency event that results   1,281        

in ten or more persons being injured, incapacitated, made ill, or  1,282        

killed.                                                            1,283        

      (J)  "Medical emergency" means an unforeseen event           1,285        

affecting an individual in such a manner that a need for           1,286        

immediate care is created.                                         1,287        

                                                          30     

                                                                 
      (K)  "Mobile intensive care unit" means an ambulance used    1,290        

only for maintaining specialized or intensive care treatment and   1,291        

used primarily for interhospital transports.                       1,292        

      (L)  "Nontransport vehicle" means a motor vehicle, other     1,294        

than a motor vehicle titled in the name of a volunteer rescue      1,295        

service organization as defined in section 4503.172 of the         1,296        

Revised Code, owned or leased and operated to provide advanced,    1,297        

intermediate, or basic life support services in conjunction with   1,298        

any motor vehicle, that is not for the transportation of persons   1,299        

who are seriously ill, injured, wounded, or otherwise              1,300        

incapacitated or helpless, operating under the authority of a      1,301        

person licensed under this chapter OPERATED BY A LICENSED          1,302        

EMERGENCY MEDICAL SERVICE ORGANIZATION NOT AS AN AMBULANCE, BUT    1,304        

AS A VEHICLE FOR PROVIDING SERVICES IN CONJUNCTION WITH THE        1,305        

AMBULANCES OPERATED BY THE ORGANIZATION OR OTHER EMERGENCY         1,306        

MEDICAL SERVICE ORGANIZATIONS.                                                  

      (M)  "Patient" means any individual who as a result of       1,308        

illness or injury needs medical attention, whose physical or       1,309        

mental condition is such that there is imminent danger of loss of  1,311        

life or significant health impairment, or who may be otherwise     1,312        

incapacitated or helpless as a result of a physical or mental      1,313        

condition.                                                         1,314        

      (N)  "Volunteer personnel" means persons who provide         1,316        

services without expectation of remuneration and who do not        1,317        

receive payment for services rendered other than reimbursement     1,318        

for expenses.                                                      1,319        

      Sec. 4766.03.  (A)  The Ohio ambulance licensing board       1,328        

shall adopt rules, pursuant to IN ACCORDANCE WITH Chapter 119. of  1,330        

the Revised Code, implementing the requirements of this chapter.   1,331        

The rules shall include, but not be limited to, provisions         1,332        

relating to THE FOLLOWING:                                         1,333        

      (1)  Ambulances, equipment, REQUIREMENTS FOR AN EMERGENCY    1,335        

MEDICAL SERVICE ORGANIZATION TO RECEIVE A PERMIT FOR AN AMBULANCE  1,337        

OR nontransport vehicles, personnel, and communications equipment  1,338        

                                                          31     

                                                                 
requirements for licensees VEHICLE;                                1,339        

      (2)  Licensure requirements for REQUIREMENTS FOR AN          1,341        

EMERGENCY MEDICAL SERVICE ORGANIZATION TO RECEIVE A LICENSE AS A   1,343        

basic life-support, intermediate life-support, and OR advanced     1,344        

life-support service organizations ORGANIZATION;                   1,346        

      (3)  Forms for applications and renewals of licenses and     1,348        

permits;                                                           1,349        

      (4)  Requirements for record keeping of service responses    1,351        

made by licensees and permit holders LICENSED EMERGENCY MEDICAL    1,352        

SERVICE ORGANIZATIONS;                                             1,353        

      (5)  Fee amounts for licenses and permits, and renewals      1,355        

thereof;                                                           1,356        

      (6)  Inspection requirements for licensees' vehicles,        1,358        

records, and physical facilities;                                  1,359        

      (7)  Fee amounts for inspections of ambulances and           1,361        

nontransport vehicles;                                             1,362        

      (8)  REQUIREMENTS FOR AMBULANCES AND NONTRANSPORT VEHICLES   1,364        

USED BY LICENSED EMERGENCY MEDICAL SERVICE ORGANIZATIONS THAT      1,365        

SPECIFY FOR EACH TYPE OF VEHICLE THE TYPES OF EQUIPMENT THAT MUST  1,366        

BE CARRIED, THE COMMUNICATION SYSTEMS THAT MUST BE MAINTAINED,     1,367        

AND THE PERSONNEL WHO MUST STAFF THE VEHICLE;                                   

      (9)  THE LEVEL OF CARE EACH TYPE OF EMERGENCY MEDICAL        1,369        

SERVICE ORGANIZATION IS AUTHORIZED TO PROVIDE;                     1,370        

      (10)  Any other rules that the board determines necessary    1,372        

for the implementation and enforcement of this chapter.            1,373        

      (B)  All rules adopted pursuant to this section shall, at a  1,375        

minimum, comply with the requirements specified in the "GAC        1,377        

Service Specifications and Technical Handbook," OH-1822, as        1,379        

amended.  The board shall adopt rules that require each existing   1,380        

vehicle ordered, delivered, or in use prior to July 2, 1990, to    1,381        

meet the requirements specified in the "GAC Service                1,382        

Specifications and Technical Handbook," OH-1822, as amended, that  1,384        

was in effect at the time of the vehicle's manufacture.  Any       1,385        

rules adopted under this section that pertain to vehicle           1,386        

                                                          32     

                                                                 
standards specified in the handbook shall not take effect until    1,387        

July 2, 1995 IN THE RULES FOR AMBULANCES AND NONTRANSPORT          1,388        

VEHICLES ADOPTED UNDER DIVISION (A)(8) OF THIS SECTION, THE BOARD  1,389        

MAY ESTABLISH REQUIREMENTS THAT VARY ACCORDING TO WHETHER THE      1,390        

EMERGENCY MEDICAL SERVICE ORGANIZATION USING THE VEHICLES IS       1,391        

LICENSED AS A BASIC, INTERMEDIATE, OR ADVANCED LIFE-SUPPORT        1,392        

ORGANIZATION.                                                                   

      (C)  A mobile intensive care unit that meets the             1,394        

requirements of the rules adopted under this section is not        1,395        

required to carry immobilization equipment, including board        1,396        

splint kits, traction splints, backboards, backboard straps,       1,397        

cervical immobilization devices, cervical collars, stairchairs,    1,398        

folding cots, or other types of immobilization equipment           1,399        

determined by the board to be unnecessary for mobile intensive     1,400        

care units.                                                                     

      A mobile intensive care unit is exempt from the emergency    1,403        

medical technician staffing requirements of division (B) of                     

section 4765.43 of the Revised Code when it is staffed by at       1,405        

least one physician or registered nurse and another person,                     

designated by a physician, who holds a valid license or            1,406        

certificate to practice in a health care profession, and when at   1,407        

least one of the persons staffing the mobile intensive care unit   1,408        

is a registered nurse whose training meets or exceeds the          1,409        

training required for a paramedic.                                 1,410        

      Sec. 4766.04.  (A)  Except as otherwise provided in this     1,419        

chapter, no person shall furnish, operate, conduct, maintain,      1,420        

advertise, engage in, or propose or profess to engage in the       1,421        

business or service of transporting persons who are seriously      1,422        

ill, injured, or otherwise incapacitated in this state unless he   1,423        

THE PERSON is licensed pursuant to this section.                   1,425        

      (B)  To qualify for a license as a basic life-support,       1,427        

intermediate life-support, or advanced life-support service        1,428        

organization, a person AN EMERGENCY MEDICAL SERVICE ORGANIZATION   1,429        

shall do all of the following:                                     1,430        

                                                          33     

                                                                 
      (1)  Apply for a permit for each ambulance and nontransport  1,432        

vehicle owned or leased as provided in section 4766.07 of the      1,434        

Revised Code;                                                      1,435        

      (2)  Meet all requirements of the ESTABLISHED IN rules of    1,437        

ADOPTED BY the Ohio ambulance licensing board regarding            1,439        

ambulances, equipment, AND nontransport vehicles, personnel        1,440        

INCLUDING REQUIREMENTS PERTAINING TO EQUIPMENT, communications     1,441        

systems, STAFFING, and medical treatments LEVEL OF CARE the        1,442        

particular organization is permitted to render;                    1,443        

      (3)  Maintain the appropriate type and amount of insurance   1,445        

or self-insurance as specified in section 4766.06 of the Revised   1,446        

Code;                                                              1,447        

      (4)  Meet all other requirements set ESTABLISHED UNDER       1,449        

RULES ADOPTED by the board, by rule, for the particular license.   1,451        

      (C)  To apply for a license as a basic life-support,         1,453        

intermediate life-support, or advanced life-support service        1,454        

organization, a person AN EMERGENCY MEDICAL SERVICE ORGANIZATION   1,455        

shall submit a completed application to the board, on a form       1,457        

provided by the board for each particular license, together with   1,458        

the appropriate fees established under section 4766.05 of the      1,459        

Revised Code.  The application form shall include all of the       1,460        

following:                                                                      

      (1)  The name and business address of the operator of the    1,462        

organization for which licensure is sought;                        1,463        

      (2)  The name under which the applicant will operate the     1,465        

organization;                                                      1,466        

      (3)  A list of the names and addresses of all officers and   1,468        

directors of the organization;                                     1,469        

      (4)  A description of each vehicle to be used, including     1,471        

the make, model, year of manufacture, mileage, vehicle             1,472        

identification number, and the color scheme, insignia, name,       1,473        

monogram, or other distinguishing characteristics to be used to    1,474        

designate the applicant's vehicle;                                 1,475        

      (5)  The location and description of each place from which   1,477        

                                                          34     

                                                                 
the organization will operate;                                     1,478        

      (6)  A description of the geographic area to be served by    1,480        

the applicant;                                                     1,481        

      (7)  Any other information the board, by rule, determines    1,483        

necessary.                                                         1,484        

      (D)  Within sixty days after receiving a completed           1,486        

application for licensure as a basic life-support, intermediate    1,487        

life-support, or advanced life-support service organization, the   1,488        

board shall approve or deny the application.  The board shall      1,489        

deny an application if it determines that the applicant does not   1,490        

meet the requirements of this chapter or any rules adopted         1,491        

pursuant thereto UNDER IT.  The board shall send NOTICE OF the     1,492        

denial of an application by certified mail to the applicant.  The  1,494        

applicant may request a hearing within ten days after receipt of   1,495        

the certified mail NOTICE.  If the board receives a timely         1,496        

request, it shall hold a hearing in accordance with Chapter 119.   1,498        

of the Revised Code.                                               1,499        

      (E)  If an applicant or licensee operates or plans to        1,501        

operate an organization in more than one location under the same   1,502        

or different identities, the applicant or licensee shall apply     1,503        

for and meet all requirements for licensure or renewal of a        1,504        

license, other than payment of a license fee or renewal fee, for   1,505        

operating the organization at each separate location.  An          1,506        

applicant or licensee that operates or plans to operate under the  1,507        

same organization identity in separate locations shall pay only a  1,508        

single license fee.                                                1,509        

      (F)  Each license issued under this section and each permit  1,511        

issued under section 4766.07 of the Revised Code expires two       1,512        

years after the date of issue, but each licensee and permit        1,513        

holder may apply to the board for the extension of his license     1,514        

and permit under AND MAY BE RENEWED IN ACCORDANCE WITH the         1,515        

standard renewal procedures of Chapter 4745. of the Revised Code,  1,517        

provided that the licensee or permit holder meets the              1,518        

requirements for licensure.  In addition, each permit holder AN    1,519        

                                                          35     

                                                                 
APPLICATION FOR RENEWAL SHALL INCLUDE THE LICENSE OR PERMIT                     

RENEWAL FEE ESTABLISHED UNDER SECTION 4766.05 OF THE REVISED       1,520        

CODE.  AN APPLICANT FOR RENEWAL OF A PERMIT ALSO shall submit to   1,521        

the board proof of an annual inspection of each THE vehicle for    1,523        

which a permit has been issued RENEWAL IS SOUGHT.  The licensee    1,524        

and permit holder shall send the renewal fee established under     1,525        

section 4766.05 of the Revised Code with his application for       1,526        

renewal THE BOARD SHALL RENEW A LICENSE IF THE APPLICANT MEETS     1,527        

THE REQUIREMENTS FOR LICENSURE AND SHALL RENEW A PERMIT IF THE     1,528        

APPLICANT AND VEHICLE MEET THE REQUIREMENTS TO MAINTAIN A PERMIT   1,529        

FOR THAT VEHICLE.                                                               

      (G)  Each licensee shall maintain accurate records of all    1,531        

service responses conducted,.  THE RECORDS SHALL BE MAINTAINED on  1,533        

forms PRESCRIBED BY THE BOARD and containing SHALL CONTAIN                      

information as specified by rule by the board.                     1,535        

      Sec. 4766.07.  (A)  Every licensee EACH EMERGENCY MEDICAL    1,544        

SERVICE ORGANIZATION SUBJECT TO LICENSURE under this chapter       1,545        

shall possess a valid permit for each ambulance and nontransport   1,546        

vehicle it owns or leases that is or will be used by the licensee  1,548        

to perform the services permitted by the license.  Each licensee   1,549        

and license applicant shall submit the appropriate fee and an      1,550        

application for A PERMIT FOR each ambulance and nontransport       1,551        

vehicle to the Ohio ambulance licensing board on forms provided    1,553        

by the board. The application shall include documentation that     1,554        

each THE vehicle meets the appropriate standards set by the board  1,555        

for the particular license for which the vehicle is used or        1,556        

intended to be used, that the vehicle has been inspected pursuant  1,557        

to division (C) of this section, that the permit applicant         1,558        

maintains insurance or self-insurance as provided in divisions     1,559        

(B) and (C) of section 4766.06 of the Revised Code, and that the   1,560        

vehicle and permit applicant meet any other requirements set, by   1,561        

rule, ESTABLISHED UNDER RULES ADOPTED by the board.                1,563        

      (B)(1)  Within sixty days after receiving a completed        1,565        

application for a permit, the board shall issue or deny the        1,566        

                                                          36     

                                                                 
permit.  The board shall deny an application if it determines      1,567        

that the permit applicant OR VEHICLE does not meet the             1,568        

requirements of this chapter and the rules adopted pursuant        1,570        

thereto UNDER IT that apply to permits for ambulances and          1,571        

nontransport vehicles.  The board shall send NOTICE OF the denial  1,573        

of an application by certified mail to the permit applicant.  The  1,574        

permit applicant may request a hearing within ten days after       1,575        

receipt of the certified mail NOTICE.  If the board receives a     1,576        

timely request, it shall hold a hearing in accordance with         1,577        

Chapter 119. of the Revised Code.                                               

      (2)  If the board issues the vehicle permit, it also shall   1,579        

issue a decal, in a form prescribed by rule, to be displayed on    1,580        

the rear window of the vehicle.  The board shall not issue a       1,581        

decal until all of the requirements for licensure and permit       1,582        

issuance have been met.                                            1,583        

      (C)  In addition to any other requirements that the board    1,585        

establishes by rule, a licensee or license applicant applying for  1,586        

an initial vehicle permit under division (A) of this section       1,587        

shall submit to the state highway patrol and the board each THE    1,588        

vehicle for which he seeks a THE permit IS SOUGHT.  Thereafter, a  1,589        

licensee shall annually submit to the state highway patrol and     1,591        

the board each vehicle for which a permit has been issued.         1,592        

      (1)  The state highway patrol shall conduct a physical       1,594        

inspection of AN AMBULANCE OR nontransport vehicles and            1,595        

ambulances VEHICLE to determine ITS roadworthiness and compliance  1,597        

with standard motor vehicle requirements.                          1,598        

      (2)  The board shall conduct a physical inspection of the    1,600        

medical equipment, communication equipment SYSTEM, and interior    1,601        

of the AN ambulance to determine the operational condition and     1,605        

safety of the equipment and the vehicle AMBULANCE'S interior and   1,606        

to determine WHETHER THE AMBULANCE IS IN compliance with the "GAC  1,608        

Service Specifications and Technical Handbook," OH-1822, as        1,609        

amended, FEDERAL REQUIREMENTS FOR AMBULANCE CONSTRUCTION that was  1,611        

WERE in effect at the time the ambulance was manufactured.  The    1,612        

                                                          37     

                                                                 
board shall adopt rules pertaining to inspections conducted under  1,613        

division (C)(2) of this section to determine compliance with       1,614        

vehicle standards specified in the handbook.  The rules shall not  1,615        

take effect until July 2, 1995., AS SPECIFIED BY THE GENERAL       1,618        

SERVICES ADMINISTRATION IN THE VARIOUS VERSIONS OF ITS             1,619        

PUBLICATION TITLED "FEDERAL SPECIFICATION FOR THE STAR-OF-LIFE     1,620        

AMBULANCE, KKK-A-1822."                                            1,621        

      (3)  The board and state highway patrol shall issue a        1,623        

certificate to the licensee or license applicant for each vehicle  1,624        

that passes the inspection and may assess a fee for each           1,625        

inspection, as established by the board.                           1,626        

      (4)  The board, in consultation with the state highway       1,628        

patrol, shall adopt rules regarding the implementation and         1,629        

coordination of the state highway patrol and board inspections.    1,630        

The rules may permit the board to contract with a third party to   1,631        

conduct the inspections required of the board under this section.  1,632        

      (D)  If an emergency medical service organization that has   1,634        

made timely application to the board for a vehicle permit has      1,635        

reasonable cause to believe that the state highway patrol will     1,636        

not be able to conduct the required inspection before the date by  1,637        

which the organization is required to renew the registration of    1,638        

the ambulance or nontransport vehicle with the bureau of motor     1,640        

vehicles, the organization may apply to the board for a temporary  1,641        

vehicle permit.  Such a permit shall be valid for a period of no   1,642        

more than thirty days from the date of issuance, and shall be      1,643        

accepted by the registrar of motor vehicles when the organization  1,644        

applies for license plates and a validation sticker, or a          1,645        

validation sticker alone, pursuant to REGISTRATION OF THE VEHICLE  1,646        

UNDER section 4503.49 of the Revised Code.                         1,648        

      Sec. 4766.08.  (A)  The Ohio ambulance licensing board may,  1,657        

pursuant to an adjudication conducted in accordance with Chapter   1,658        

119. of the Revised Code, suspend or revoke any license or permit  1,659        

or renewal thereof issued under this chapter for any one or        1,660        

combination of the following causes:                               1,661        

                                                          38     

                                                                 
      (1)  Violation of this chapter or any rule adopted           1,663        

thereunder;                                                        1,664        

      (2)  Refusal to permit the board to inspect a vehicle used   1,666        

under the terms of a permit or to inspect the records or physical  1,667        

facilities of a licensee;                                          1,668        

      (3)  Failure to meet the ambulance and nontransport vehicle  1,670        

requirements specified in this chapter or the rules adopted        1,671        

thereunder;                                                        1,672        

      (4)  VIOLATION OF AN ORDER ISSUED BY THE BOARD;              1,674        

      (5)  FAILURE TO COMPLY WITH ANY OF THE TERMS OF AN           1,676        

AGREEMENT ENTERED INTO WITH THE BOARD REGARDING THE SUSPENSION OR  1,677        

REVOCATION OF A LICENSE OR PERMIT OR THE IMPOSITION OF A PENALTY   1,678        

UNDER THIS SECTION.                                                             

      (B)  If the board determines that the records,               1,680        

recordkeeping procedures, or physical facilities of a licensee,    1,681        

or an ambulance or nontransport vehicle for which a valid permit   1,682        

has been issued, do not meet the standards specified in this       1,683        

chapter and the rules adopted thereunder, the board shall notify   1,684        

the licensee of any deficiencies within thirty days of finding     1,685        

the deficiencies.  If the board determines that the deficiencies   1,686        

exist and they remain uncorrected after thirty days, the board     1,687        

may suspend the license or vehicle permit.  The licensee,          1,688        

notwithstanding the suspension under this division, may operate    1,689        

until all appeals have been exhausted.                             1,690        

      (C)  At the discretion of the board, a licensee whose        1,692        

license has been suspended or revoked under this section may be    1,693        

ineligible to be licensed under this chapter for a period of not   1,694        

more than three years from the date of the violation, provided     1,695        

that the board shall make no determination on a period of          1,696        

ineligibility until all the licensee's appeals relating to the     1,697        

suspension or revocation have been exhausted.                      1,698        

      (D)  The board may, in addition to any other action taken    1,700        

under this section and after a hearing conducted pursuant to       1,701        

Chapter 119. of the Revised Code, impose a penalty of not more     1,702        

                                                          39     

                                                                 
than fifteen hundred dollars for any violation of SPECIFIED IN     1,703        

this section. The attorney general shall institute a civil action  1,705        

for the collection of any such penalty imposed.                    1,706        

      Sec. 4766.09.  Except as otherwise provided in sections      1,715        

307.051 and 505.37 of the Revised Code, this THIS chapter does     1,716        

not apply to any of the following:                                 1,717        

      (A)  A person rendering services with an ambulance in the    1,719        

event of a disaster situation when licensees' vehicles based in    1,720        

the locality of the disaster situation are incapacitated or        1,721        

insufficient in number to render the services needed;              1,722        

      (B)  Any person operating an ambulance outside this state    1,724        

unless receiving a person within this state for transport to a     1,725        

location within this state;                                        1,726        

      (C)  Any A PUBLICLY OWNED OR OPERATED EMERGENCY MEDICAL      1,729        

SERVICE ORGANIZATION AND THE VEHICLES IT OWNS OR LEASES AND        1,730        

OPERATES, EXCEPT AS PROVIDED IN SECTION 307.051, DIVISION (G) OF   1,731        

SECTION 307.055, DIVISION (F) OF SECTION 505.37, DIVISION (B) OF   1,732        

SECTION 505.375 OF THE REVISED CODE, AND DIVISION (B)(3) OF        1,734        

SECTION 505.72 OF THE REVISED CODE;                                             

      (D)  AN ambulance OR NONTRANSPORT VEHICLE owned OR LEASED    1,737        

and operated by the federal government;                                         

      (D)(E)  A publicly owned and operated fire department        1,739        

vehicle;                                                                        

      (E)(F)  Emergency vehicles owned by a corporation and        1,741        

operating only on the corporation's premises, for the sole use by  1,742        

that corporation;                                                  1,743        

      (F)  Any (G)  AN ambulance, NONTRANSPORT VEHICLE, OR OTHER   1,746        

emergency medical service organization vehicle, or nontransport    1,747        

vehicle owned and operated by a municipal corporation;             1,748        

      (G)  Any other (H)  A MOTOR VEHICLE TITLED IN THE NAME OF A  1,750        

VOLUNTEER RESCUE SERVICE ORGANIZATION, AS DEFINED IN SECTION       1,752        

4503.172 OF THE REVISED CODE;                                      1,754        

      (I)  A public emergency medical service organization;        1,758        

      (J)  A FIRE DEPARTMENT, RESCUE SQUAD, OR LIFE SQUAD          1,761        

                                                          40     

                                                                 
COMPRISED OF VOLUNTEERS WHO PROVIDE SERVICES WITHOUT EXPECTATION   1,763        

OF REMUNERATION AND DO NOT RECEIVE PAYMENT FOR SERVICES OTHER      1,764        

THAN REIMBURSEMENT FOR EXPENSES;                                                

      (K)  A PRIVATE, NONPROFIT EMERGENCY MEDICAL SERVICE          1,767        

ORGANIZATION WHEN FIFTY PER CENT OR MORE OF ITS PERSONNEL ARE      1,768        

VOLUNTEERS, AS DEFINED IN SECTION 4765.01 OF THE REVISED CODE.     1,769        

      Sec. 4766.10.  (A)  This chapter does not invalidate any     1,778        

municipal ordinance or resolution ADOPTED BY A MUNICIPAL           1,779        

CORPORATION that establishes standards for the licensure of        1,781        

EMERGENCY MEDICAL SERVICE ORGANIZATIONS AS basic life-support,     1,782        

intermediate life-support, or advanced life-support service        1,783        

organizations that HAVE THEIR PRINCIPAL PLACES OF BUSINESS         1,784        

LOCATED WITHIN THE LIMITS OF THE MUNICIPAL CORPORATION, AS LONG    1,785        

AS THE LICENSURE STANDARDS meet or exceed the standards            1,788        

established in this chapter and any THE rules adopted thereunder.  1,789        

      (B)  Service EMERGENCY MEDICAL SERVICE organizations         1,791        

operating within LICENSED BY a municipal corporation that has      1,793        

adopted an ordinance or resolution described in division (A) of    1,794        

this section are subject to the jurisdiction of the OHIO           1,795        

AMBULANCE LICENSING board, but the fees they pay to the board for  1,796        

licenses, permits, and renewals thereof shall not exceed fifty     1,797        

per cent of the fee amounts established by the board pursuant to   1,798        

section 4766.03 of the Revised Code.  The board may choose to      1,799        

waive the vehicle inspection requirements and inspection fees,     1,800        

but not the permit fees, for THE vehicles of those organizations   1,801        

that are subject to a municipal ordinance or resolution described  1,803        

in division (A) of this section LICENSED BY A MUNICIPAL            1,804        

CORPORATION.                                                                    

      Sec. 4766.11.  In THE OHIO AMBULANCE LICENSING BOARD MAY     1,814        

INVESTIGATE ALLEGED VIOLATIONS OF THIS CHAPTER OR THE RULES        1,815        

ADOPTED UNDER IT AND MAY INVESTIGATE ANY COMPLAINTS RECEIVED       1,816        

REGARDING ALLEGED VIOLATIONS.                                                   

      IN addition to the ANY OTHER remedies provided AVAILABLE     1,818        

and irrespective REGARDLESS of whether or not there exists an      1,820        

                                                          41     

                                                                 
adequate remedy at law EXISTS, the Ohio ambulance licensing board  1,822        

may apply to the court of common pleas in the county where a       1,823        

violation of any provision of this chapter or any rule adopted     1,824        

pursuant thereto is occurring for a temporary or permanent         1,825        

injunction restraining any A person from CONTINUING TO COMMIT      1,827        

that violation.  ON A SHOWING THAT A PERSON HAS COMMITTED A        1,828        

VIOLATION, THE COURT SHALL GRANT THE INJUNCTION.                   1,829        

      IN CONDUCTING AN INVESTIGATION UNDER THIS SECTION, THE       1,831        

BOARD MAY ISSUE SUBPOENAS COMPELLING THE ATTENDANCE AND TESTIMONY  1,833        

OF WITNESSES AND THE PRODUCTION OF BOOKS, RECORDS, AND OTHER       1,834        

DOCUMENTS PERTAINING TO THE INVESTIGATION.  IF A PERSON FAILS TO   1,835        

OBEY A SUBPOENA FROM THE BOARD, THE BOARD MAY APPLY TO THE COURT   1,836        

OF COMMON PLEAS IN THE COUNTY WHERE THE INVESTIGATION IS BEING     1,837        

CONDUCTED FOR AN ORDER COMPELLING THE PERSON TO COMPLY WITH THE    1,838        

SUBPOENA.  ON APPLICATION BY THE BOARD, THE COURT SHALL COMPEL     1,839        

OBEDIENCE BY ATTACHMENT PROCEEDINGS FOR CONTEMPT, AS IN THE CASE   1,840        

OF DISOBEDIENCE OF THE REQUIREMENTS OF A SUBPOENA FROM THE COURT   1,841        

OR A REFUSAL TO TESTIFY THEREIN.                                                

      Sec. 4766.12.  If a county or, township, JOINT AMBULANCE     1,851        

DISTRICT, OR JOINT EMERGENCY MEDICAL SERVICES DISTRICT chooses to  1,852        

have the Ohio ambulance licensing board license its emergency      1,853        

medical service organizations and issue permits for its vehicles   1,854        

pursuant to this chapter, except as may be otherwise provided,     1,855        

all provisions of these sections THIS CHAPTER and all rules        1,856        

adopted by the board thereunder are fully applicable.  However, a  1,857        

county or, township, JOINT AMBULANCE DISTRICT, OR JOINT EMERGENCY  1,858        

MEDICAL SERVICES DISTRICT is not required to obtain any type of    1,859        

permit from the board for any of its nontransport vehicles.        1,860        

      Sec. 4766.13.  THE OHIO AMBULANCE LICENSING BOARD, BY        1,862        

ENDORSEMENT, MAY LICENSE AND ISSUE VEHICLE PERMITS TO AN           1,863        

EMERGENCY MEDICAL SERVICE ORGANIZATION THAT IS REGULATED BY        1,864        

ANOTHER STATE.  TO QUALIFY FOR A LICENSE AND VEHICLE PERMITS BY    1,865        

ENDORSEMENT, AN ORGANIZATION MUST SUBMIT EVIDENCE SATISFACTORY TO  1,866        

THE BOARD THAT IT HAS MET STANDARDS IN ANOTHER STATE THAT ARE      1,867        

                                                          42     

                                                                 
EQUAL TO OR MORE STRINGENT THAN THE STANDARDS ESTABLISHED BY THIS               

CHAPTER AND THE RULES ADOPTED UNDER IT.                            1,868        

      Sec. 4931.40.  As used in sections 4931.40 to 4931.53 of     1,877        

the Revised Code:                                                  1,878        

      (A)  "9-1-1 system" means a system through which             1,880        

individuals can request emergency service using the telephone      1,881        

number 9-1-1.                                                      1,882        

      (B)  "Basic 9-1-1" means a 9-1-1 system in which a caller    1,884        

provides information on the nature of and the location of an       1,885        

emergency, and the personnel receiving the call must determine     1,886        

the appropriate emergency service provider to respond at that      1,887        

location.                                                          1,888        

      (C)  "Enhanced 9-1-1" means a 9-1-1 system in which the      1,890        

telephone network system automatically provides to personnel       1,891        

receiving the call, immediately on answering the 9-1-1 call,       1,892        

information on the location and the telephone number from which    1,893        

the call is being made, and routes the call to emergency service   1,894        

providers that serve the location from which the call is made.     1,895        

      (D)  "Subdivision" means a county, municipal corporation,    1,897        

township, township fire district, joint fire district, township    1,898        

police district, or joint ambulance district, OR JOINT EMERGENCY   1,900        

MEDICAL SERVICES DISTRICT that provides emergency service within   1,901        

its territory, or that contracts with another municipal            1,902        

corporation, township, or district or with a private entity to     1,903        

provide such service; and a state college or university, port      1,904        

authority, or park district of any kind that employs law           1,905        

enforcement officers that act as the primary police force on the   1,906        

grounds of the college or university or port authority or in the   1,907        

parks operated by the district.                                                 

      (E)  "Emergency service" means emergency police,             1,909        

firefighting, ambulance, rescue, and medical service.              1,910        

      (F)  "Emergency service provider" means the state highway    1,912        

patrol and an emergency service department or unit of a            1,913        

subdivision or that operates in a subdivision under contract with  1,914        

                                                          43     

                                                                 
the subdivision.                                                   1,915        

      (G)  "Public safety answering point" means a facility to     1,917        

which 9-1-1 system calls for a specific territory are initially    1,918        

routed for response and where subdivision personnel respond to     1,919        

specific requests for emergency service by directly dispatching    1,920        

the appropriate emergency service provider, relaying a message to  1,921        

the appropriate provider, or transferring the call to the          1,922        

appropriate provider.                                              1,923        

      (H)  "Customer premises equipment" means telecommunications  1,925        

equipment, including telephone instruments, on the premises of a   1,926        

public safety answering point that is used in answering and        1,927        

responding to 9-1-1 system calls.                                  1,928        

      (I)  "Municipal corporation in the county" includes any      1,930        

municipal corporation that is wholly contained in the county and   1,931        

each municipal corporation located in more than one county that    1,932        

has a greater proportion of its territory in the county to which   1,933        

the term refers than in any other county.                          1,934        

      (J)  "Board of county commissioners" includes the            1,936        

legislative authority of a county established under Section 3 of   1,937        

Article X, Ohio Constitution, or Chapter 302. of the Revised       1,938        

Code.                                                              1,939        

      (K)  "Final plan" means a final plan adopted under division  1,941        

(B) of section 4931.44 of the Revised Code and, except as          1,942        

otherwise expressly provided, an amended final plan adopted under  1,943        

section 4931.45 of the Revised Code.                               1,944        

      (L)  "Subdivision served by a public safety answering        1,946        

point" means a subdivision that provides emergency service for     1,947        

any part of its territory that is located within the territory of  1,948        

a public safety answering point whether the subdivision provides   1,949        

the emergency service with its own employees or pursuant to a      1,950        

contract.                                                          1,951        

      (M)  A township's population includes only population of     1,953        

the unincorporated portion of the township.                        1,954        

      (N)  "Telephone Company COMPANY" means a company engaged in  1,956        

                                                          44     

                                                                 
the business of providing local exchange telephone service by      1,959        

making available or furnishing access and a dial tone to persons   1,960        

within a local calling area for use in originating and receiving   1,961        

voice grade communications over a switched network operated by                  

the provider of the service within the area and gaining access to  1,962        

other telecommunications services.                                 1,963        

      Section 2.  That existing sections 9.60, 307.05, 307.051,    1,965        

307.055, 505.37, 505.375, 505.44, 505.72, 2909.01, 4503.49,        1,966        

4765.09, 4765.10, 4765.37, 4765.56, 4766.01, 4766.03, 4766.04,     1,968        

4766.07, 4766.08, 4766.09, 4766.10, 4766.11, 4766.12, and 4931.40               

of the Revised Code are hereby repealed.                           1,969        

      Section 3.  Sections 307.05 and 505.44 of the Revised Code   1,971        

are presented in this act as composites of those sections as       1,973        

amended by both Am. H.B. 192 and Am. Sub. S.B. 150 of the 121st    1,974        

General Assembly, with the new language of neither of the acts     1,976        

shown in capital letters.  This is in recognition of the           1,977        

principle stated in division (B) of section 1.52 of the Revised    1,978        

Code that such amendments are to be harmonized where not           1,979        

substantively irreconcilable and constitutes a legislative         1,980        

finding that such is the resulting version in effect prior to the  1,981        

effective date of this act.