As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                          Am. Sub. S. B. No. 30  5            

      1997-1998                                                    6            


          SENATORS DIX-DRAKE-GILLMOR-WHITE-RAY-GARDNER             8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 9.60, 307.05, 307.051, 307.055,     12           

                505.37, 505.375, 505.44, 505.72, 2909.01,          13           

                4503.49, 4765.09, 4765.10, 4765.37, 4765.56,                    

                4766.01, 4766.03, 4766.04, 4766.07, 4766.08,       15           

                4766.09, 4766.10, 4766.11, 4766.12, and 4931.40                 

                and to enact section 4766.13 of the Revised Code   16           

                to make changes in the laws regarding ambulances   17           

                and the duties of the Ohio Ambulance Licensing                  

                Board and to make corrections in the laws          18           

                regarding emergency medical services.              19           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That sections 9.60, 307.05, 307.051, 307.055,    23           

505.37, 505.375, 505.44, 505.72, 2909.01, 4503.49, 4765.09,        24           

4765.10, 4765.37, 4765.56, 4766.01, 4766.03, 4766.04, 4766.07,     25           

4766.08, 4766.09, 4766.10, 4766.11, 4766.12, and 4931.40 be        26           

amended and section 4766.13 of the Revised Code be enacted to                   

read as follows:                                                   27           

      Sec. 9.60.  (A)  As used in this section:                    36           

      (1)  "Firefighting agency" means a municipal corporation,    38           

township, township fire district, joint ambulance district, JOINT  39           

EMERGENCY MEDICAL SERVICES DISTRICT, or joint fire district.       41           

      (2)  "Private fire company" means any nonprofit group or     43           

organization owning and operating firefighting equipment not       44           

controlled by any firefighting agency.                             45           

      (3)  "Governing board" means the board of county             47           

commissioners in the case of a county; the legislative authority   48           

                                                          2      

                                                                 
in the case of a municipal corporation; the board of trustees of   49           

a joint ambulance district in the case of a joint ambulance        50           

district; THE BOARD OF TRUSTEES OF A JOINT EMERGENCY MEDICAL       51           

SERVICES DISTRICT IN THE CASE OF A JOINT EMERGENCY MEDICAL         52           

SERVICES DISTRICT; the board of township trustees in the case of   53           

a township or township fire district; the board of fire district   54           

trustees in the case of a joint fire district; and the board of    55           

trustees in the case of a private fire company.                    56           

      (4)  "Fire protection" includes the provision of ambulance,  58           

emergency medical, and rescue service by the fire department of a  59           

firefighting agency or by a private fire company and the           60           

extension of the use of firefighting apparatus or firefighting     61           

equipment.                                                         62           

      (B)  Any firefighting agency or private fire company may     64           

contract with any state agency or instrumentality, county, or      65           

political subdivision of this state or with a governmental entity  66           

of an adjoining state to provide fire protection, whether on a     67           

regular basis or only in times of emergency, upon the approval of  68           

the governing boards of the counties, firefighting agencies,       69           

political subdivisions, or private fire companies or the           70           

administrative heads of the state agencies or instrumentalities    71           

that are parties to the contract.                                  72           

      (C)  Any county, political subdivision, or state agency or   74           

instrumentality may contract with a firefighting agency of this    75           

state, a private fire company, or a governmental entity of an      76           

adjoining state to obtain fire protection, whether on a regular    77           

basis or only in times of emergency, upon the authorization of     78           

the governing boards of the counties, firefighting agencies,       79           

political subdivisions, or private fire companies or               80           

administrative heads of the state agencies or instrumentalities    81           

that are parties to the contract.                                  82           

      (D)  Any firefighting agency of this state or any private    84           

fire company may provide fire protection to any state agency or    85           

instrumentality, county, or political subdivision of this state,   86           

                                                          3      

                                                                 
or to a governmental entity of an adjoining state, without a       87           

contract to provide fire protection, upon the approval of the      88           

governing board of the firefighting agency or private fire         89           

company and upon authorization of an officer or employee of the    90           

firefighting agency providing the fire protection designated by    91           

title of their office or position pursuant to the authorization    92           

of the governing board of the firefighting agency.                 93           

      (E)  Chapter 2744. of the Revised Code, insofar as it is     95           

applicable to the operation of fire departments, applies to the    96           

firefighting agencies and fire department members when such        97           

members are rendering service outside the boundaries of the        98           

firefighting agency pursuant to this section.                      99           

      Fire department members acting outside the boundaries of     101          

the firefighting agency by which they are employed may             102          

participate in any pension or indemnity fund established by their  103          

employer to the same extent as while acting within the boundaries  104          

of the firefighting agency, and are entitled to all the rights     105          

and benefits of Chapter 4123. of the Revised Code, to the same     106          

extent as while performing service within the boundaries of the    107          

firefighting agency.                                               108          

      Sec. 307.05.  As used in this section, "emergency medical    117          

service organization" has the same meaning as in section 4765.01   118          

of the Revised Code.                                               119          

      A board of county commissioners may operate an ambulance     121          

service organization or emergency medical service organization,    122          

or, in counties with a population of forty thousand or less, may   123          

operate a nonemergency patient transport service organization, or  125          

may enter into a contract with one or more counties, townships,    126          

municipal corporations, nonprofit corporations, joint emergency    127          

medical services districts, fire and ambulance districts, or       128          

private ambulance owners, regardless of whether such counties,     129          

townships, municipal corporations, nonprofit corporations, joint   130          

emergency medical services districts, fire and ambulance           131          

districts, or private ambulance owners are located within or       132          

                                                          4      

                                                                 
without the state, in order to furnish or obtain the services of   133          

ambulance service organizations, to furnish or obtain additional   134          

services from ambulance service organizations in times of          135          

emergency, to furnish or obtain the services of emergency medical  136          

service organizations, or, in counties with a population of forty  137          

thousand or less, to furnish or obtain services of nonemergency    138          

patient transport service organizations, or may enter into a       140          

contract with any such entity to furnish or obtain the                          

interchange of services from ambulance or emergency medical        141          

service organizations, or, within counties with a population of    142          

forty thousand or less, to furnish or obtain the interchange of    143          

services from nonemergency patient transport service               145          

organizations, within the territories of the contracting           146          

subdivisions.  Such contracts shall not be entered into with a     147          

public agency or nonprofit corporation that receives more than     148          

half of its operating funds from governmental entities with the    149          

intention of directly competing with the operation of other        150          

ambulance service organizations, nonemergency patient transport    151          

service organizations, or emergency medical service organizations  152          

in the county unless the public agency or nonprofit corporation    154          

is awarded the contract after submitting the lowest and best bid   155          

to the board of county commissioners.  Any county wishing to       156          

commence operation of a nonemergency patient transport service     158          

organization or wishing to enter into a contract for the first     160          

time to furnish or obtain services from a nonemergency patient     161          

transport service organization on or after March 1, 1993,          162          

including a county in which a private provider has been providing  164          

the service, shall demonstrate the need for public funding for     165          

the service to, and obtain approval from, the Ohio STATE BOARD OF  166          

emergency medical services board or its immediate successor board  168          

prior to operating or funding the organization.                    169          

      When such an organization is operated by the board, the      171          

organization may be administered by the board, by the county       172          

sheriff, or by another county officer or employee designated by    173          

                                                          5      

                                                                 
the board.  All rules, including the determining of reasonable     174          

rates, necessary for the establishment, operation, and             175          

maintenance of such an organization shall be adopted by the        176          

board.                                                             177          

      A contract for services of an ambulance service,             179          

nonemergency patient transport service, or emergency medical       181          

service organization shall include the terms, conditions, and      182          

stipulations as agreed to by the parties to the contract.  It may  183          

provide for a fixed annual charge to be paid at the times agreed   184          

upon and stipulated in the contract, or for compensation based     185          

upon a stipulated price for each run, call, or emergency or the    186          

number of persons or pieces of apparatus employed, or the elapsed  187          

time of service required in such run, call, or emergency, or any   188          

combination thereof.                                                            

      Sec. 307.051.  As used in this section, "emergency medical   197          

service organization" has the same meaning as in section 4766.01   198          

of the Revised Code.                                                            

      A board of county commissioners, by adoption of an           200          

appropriate resolution, may choose to have the Ohio ambulance      201          

licensing board license any emergency medical service              202          

organization it operates.  If a board adopts such a resolution,    203          

CHAPTER 4766. OF THE REVISED CODE, EXCEPT FOR sections 4766.01 to  204          

4766.05 4766.06 and 4766.07 to 4766.12 4766.99 of the Revised      205          

Code and all rules adopted under those sections are applicable,    206          

APPLIES to the county emergency medical service organization.      208          

ALL RULES ADOPTED UNDER THE APPLICABLE SECTIONS OF THAT CHAPTER    209          

ALSO APPLY TO THE ORGANIZATION.  A board, by adoption of an        210          

appropriate resolution, may remove its emergency medical service   211          

organization from the jurisdiction of the Ohio ambulance           212          

licensing board.                                                                

      Sec. 307.055.  (A)  Subject to the terms and conditions of   221          

the joint resolution creating it, each joint emergency medical     222          

services district may furnish ambulance services and emergency     223          

medical services by one of the following methods:                  224          

                                                          6      

                                                                 
      (1)  By operating an emergency medical service organization  226          

as defined in section 4765.01 of the Revised Code;                 227          

      (2)  By contracting for the operation of one or more         229          

facilities pursuant to division (C) or (D) of this section;        230          

      (3)  By providing necessary services and equipment to the    232          

district either directly or under a contract entered into          233          

pursuant to division (B) of this section;                          234          

      (4)  By providing service through any combination of         236          

methods described in divisions (A)(1) to (3) of this section.      237          

      (B)  In order to obtain ambulance service, to obtain         239          

additional ambulance service in times of emergency, or to obtain   240          

emergency medical services, a joint emergency medical services     241          

district may enter into a contract, for a period not to exceed     242          

three years, with one or more counties, townships, municipal       243          

corporations, joint fire districts, other governmental units that  244          

provide ambulance service or emergency medical services,           245          

nonprofit corporations, or private ambulance owners, regardless    246          

of whether the entities contracted with are located within or      247          

outside the THIS state, upon such terms as are agreed to, to       248          

furnish or receive ambulance services or the interchange of        250          

ambulance services or emergency medical services within the        251          

several territories of the contracting subdivisions, if the        252          

contract is first authorized by all boards of trustees and         253          

legislative authorities in the territories to be served.           254          

      Such a contract may provide for a fixed annual charge to be  256          

paid at the times agreed upon and stipulated in the contract; or   257          

for compensation based on a stipulated price for each run, call,   258          

or emergency or based on the elapsed time of service required for  259          

each run, call, or emergency, or based on any combination of       260          

these.                                                             261          

      Expenditures of a district for ambulance service or          263          

emergency medical service, whether pursuant to contract or         264          

otherwise, are lawful expenditures, regardless of whether the      265          

district or the party with which it contracts charges an           266          

                                                          7      

                                                                 
additional fee to users of the service.                            267          

      (C)  The board of trustees may enter into a contract with    269          

any person, municipal corporation, township, or other political    270          

subdivision, and any political subdivision may contract with the   271          

board, for the operation and maintenance of emergency medical      272          

services facilities regardless of whether the facilities used are  273          

owned or leased by the district, by another political              274          

subdivision, or by the contractor.                                 275          

      (D)  The district may purchase, lease, and maintain all      277          

materials, buildings, land, and equipment, including vehicles,     278          

the board considers necessary for the district.                    279          

      When the board finds, by resolution, that the district has   281          

personal property that is not needed for public use, or is         282          

obsolete or unfit for the use for which it was acquired, the       283          

board may dispose of the property in the same manner as provided   284          

in section 307.12 of the Revised Code.                                          

      (E)  Any contract entered into by a joint emergency medical  286          

services district shall conform to the same bidding requirements   287          

as THAT apply to county contracts under sections 307.86 to 307.92  289          

of the Revised Code.                                               290          

      (F)  A county participating in a joint district may          292          

contribute any of its rights or interests in real or personal      293          

property, including money, and may contribute services to the      294          

district.  Any such contributions shall be made by a written       295          

agreement between the contributing county and the district,        296          

specifying the contribution as well as the rights of the           297          

participating counties in the contributed property.  Written       298          

agreements shall also be prepared specifying the rights of         299          

participating counties in property acquired by the district other  300          

than by contribution of a participating county.  Written           301          

agreements required by this division may be amended only by        302          

written agreement of all parties to the original agreement.        303          

      (G)  A DISTRICT'S BOARD OF TRUSTEES, BY ADOPTION OF AN       305          

APPROPRIATE RESOLUTION, MAY CHOOSE TO HAVE THE OHIO AMBULANCE      306          

                                                          8      

                                                                 
LICENSING BOARD LICENSE ANY EMERGENCY MEDICAL SERVICE              308          

ORGANIZATION THE DISTRICT OPERATES.  IF A BOARD ADOPTS SUCH A                   

RESOLUTION, CHAPTER 4766. OF THE REVISED CODE, EXCEPT FOR          309          

SECTIONS 4766.06 AND 4766.99 OF THE REVISED CODE, APPLIES TO THE   311          

DISTRICT EMERGENCY MEDICAL SERVICE ORGANIZATION.  ALL RULES        312          

ADOPTED UNDER THE APPLICABLE SECTIONS OF THAT CHAPTER ALSO APPLY   313          

TO THE ORGANIZATION.  A BOARD, BY ADOPTION OF AN APPROPRIATE       316          

RESOLUTION, MAY REMOVE THE DISTRICT EMERGENCY MEDICAL SERVICE                   

ORGANIZATION FROM THE JURISDICTION OF THE OHIO AMBULANCE           317          

LICENSING BOARD.                                                   318          

      Sec. 505.37.  (A)  The board of township trustees may        327          

establish all necessary rules to guard against the occurrence of   328          

fires and to protect the property and lives of the citizens        329          

against damage and accidents, and may, with the approval of the    330          

specifications by the prosecuting attorney, purchase or otherwise  331          

provide any fire apparatus, mechanical resuscitators, or other     332          

equipment, appliances, materials, fire hydrants, and water supply  333          

for fire-fighting purposes that seems advisable to the board. The  335          

board shall provide for the care and maintenance of fire                        

equipment, and, for such purposes, may purchase, lease, or         336          

construct and maintain necessary buildings, and it may establish   337          

and maintain lines of fire-alarm communications within the limits  338          

of the township.  The board may employ one or more persons to      339          

maintain and operate fire-fighting equipment, or it may enter      340          

into an agreement with a volunteer fire company for the use and    341          

operation of fire-fighting equipment.  The board may compensate    342          

the members of a volunteer fire company on any basis and in any    343          

amount that it considers equitable.                                344          

      (B)  The boards of township trustees of any two or more      346          

townships, or the legislative authorities of any two or more       347          

political subdivisions, or any combination thereof, may, through   348          

joint action, unite in the joint purchase, maintenance, use, and   349          

operation of fire-fighting equipment, or for any other purpose     350          

designated in sections 505.37 to 505.42 of the Revised Code, and   351          

                                                          9      

                                                                 
may prorate the expense of the joint action on any terms that are  352          

mutually agreed upon.                                              353          

      (C)  The board of township trustees of any township may, by  355          

resolution, whenever it is expedient and necessary to guard        356          

against the occurrence of fires or to protect the property and     357          

lives of the citizens against damages resulting from their         358          

occurrence, create a fire district of any portions of the          359          

township that it considers necessary.  The board may purchase or   360          

otherwise provide any fire apparatus, appliances, materials, fire  361          

hydrants, and water supply for fire-fighting purposes, or may      362          

contract for the fire protection for the fire district as          363          

provided in section 9.60 of the Revised Code.  The fire district   364          

so created shall be given a separate name by which it shall be     365          

known.                                                             366          

      Additional unincorporated territory of the township may be   368          

added to a fire district upon the board's adoption of a            369          

resolution authorizing the addition.  A municipal corporation      370          

that is within or adjoining the township may be added to a fire    371          

district upon the board's adoption of a resolution authorizing     372          

the addition and the municipal legislative authority's adoption    373          

of a resolution or ordinance requesting the addition of the        374          

municipal corporation to the fire district.                        375          

      If the township fire district imposes a tax, additional      377          

unincorporated territory of the township or a municipal            378          

corporation that is within or adjoining the township shall become  379          

part of the fire district only after all of the following have     380          

occurred:                                                          381          

      (1)  Adoption by the board of township trustees of a         383          

resolution approving the expansion of the territorial limits of    384          

the district and, if the resolution proposes to add a municipal    385          

corporation, adoption by the municipal legislative authority of a  386          

resolution or ordinance requesting the addition of the municipal   387          

corporation to the district;                                       388          

      (2)  Adoption by the board of township trustees of a         390          

                                                          10     

                                                                 
resolution recommending the extension of the tax to the            391          

additional territory;                                              392          

      (3)  Approval of the tax by the electors of the territory    394          

proposed for addition to the district.                             395          

      Each resolution of the board adopted under division (C)(2)   397          

of this section shall state the name of the fire district, a       398          

description of the territory to be added, and the rate and         399          

termination date of the tax, which shall be the rate and           400          

termination date of the tax currently in effect in the fire        401          

district.                                                          402          

      The board of trustees shall certify each resolution adopted  404          

under division (C)(2) of this section to the board of elections    405          

in accordance with section 5705.19 of the Revised Code.  The       406          

election required under division (C)(3) of this section shall be   407          

held, canvassed, and certified in the manner provided for the      408          

submission of tax levies under section 5705.25 of the Revised      409          

Code, except that the question appearing on the ballot shall       410          

read:                                                              411          

      "Shall the territory within ........................         413          

       (description of the proposed territory to be added)         414          

be added to ..................................... fire district,   416          

                             (name)                                417          

and a property tax at a rate of taxation not exceeding ......      419          

(here insert tax rate) be in effect for .......... (here insert    420          

the number of years the tax is to be in effect or "a continuing    421          

period of time," as applicable)?"                                  422          

      If the question is approved by at least a majority of the    424          

electors voting on it, the joinder shall be effective as of the    425          

first day of July of the year following approval, and on that      426          

date, the township fire district tax shall be extended to the      427          

taxable property within the territory that has been added.  If     428          

the territory that has been added is a municipal corporation and   429          

if it had adopted a tax levy for fire purposes, the levy is        430          

terminated on the effective date of the joinder.                   431          

                                                          11     

                                                                 
      Any municipal corporation may withdraw from a township fire  433          

district created under division (C) of this section by the         434          

adoption by the municipal legislative authority of a resolution    435          

or ordinance ordering withdrawal.  On the first day of July of     436          

the year following the adoption of the resolution or ordinance of  437          

withdrawal, the municipal corporation withdrawing ceases to be a   438          

part of such district and the power of the fire district to levy   439          

a tax upon taxable property in the withdrawing municipal           440          

corporation terminates, except that the fire district shall        441          

continue to levy and collect taxes for the payment of              442          

indebtedness within the territory of the fire district as it was   443          

composed at the time the indebtedness was incurred.                444          

      Upon the withdrawal of any municipal corporation from a      446          

township fire district created under division (C) of this          447          

section, the county auditor shall ascertain, apportion, and order  448          

a division of the funds on hand, moneys and taxes in the process   449          

of collection except for taxes levied for the payment of           450          

indebtedness, credits, and real and personal property, either in   451          

money or in kind, on the basis of the valuation of the respective  452          

tax duplicates of the withdrawing municipal corporation and the    453          

remaining territory of the fire district.                          454          

      A board of township trustees may remove unincorporated       456          

territory of the township from the fire district upon the          457          

adoption of a resolution authorizing the removal.  On the first    458          

day of July of the year following the adoption of such a           459          

resolution, the unincorporated township territory described in     460          

the resolution ceases to be a part of such district and the power  461          

of the fire district to levy a tax upon taxable property in that   462          

territory terminates, except that the fire district shall          463          

continue to levy and collect taxes for the payment of              464          

indebtedness within the territory of the fire district as it was   465          

composed at the time the indebtedness was incurred.                466          

      (D)  The board of township trustees of any township, the     468          

board of fire district trustees of a fire district created under   469          

                                                          12     

                                                                 
section 505.371 of the Revised Code, or the legislative authority  470          

of any municipal corporation may purchase the necessary            471          

fire-fighting equipment, buildings, and sites for the township,    472          

fire district, or municipal corporation and pay for it over a      473          

period of nine years.  The board of township trustees, board of    474          

fire district trustees, or legislative authority may also          475          

construct any buildings necessary to house fire-fighting           476          

equipment and pay for the buildings over a period of nine years.   477          

The board of township trustees, board of fire district trustees,   478          

or legislative authority may issue the notes of the township,      479          

fire district, or municipal corporation, signed by the board or    480          

designated officer of the municipal corporation and attested by    481          

the signature of the township, fire district, or municipal clerk,  482          

covering such deferred payments and payable at the times           483          

provided, which notes shall bear interest not to exceed the rate   484          

determined as provided in section 9.95 of the Revised Code, and    485          

shall not be subject to Chapter 133. of the Revised Code.  The     486          

legislation authorizing the issuance of the notes shall provide    487          

for levying and collecting annually by taxation, amounts           488          

sufficient to pay the interest on and principal of the notes.  At  489          

least one-ninth of the purchase price or construction cost shall   490          

be paid in cash at the time of purchase as provided in the         491          

contract and the remainder of the purchase price or construction   492          

cost shall be paid in not more than eight equal annual             493          

installments.  Each installment shall be not less than one-eighth  494          

of the deferred portion of the purchase price or construction      495          

cost and shall be secured by a note which may contain a clause     496          

permitting prepayment at the option of the board or legislative    497          

authority.  The notes shall be offered for sale on the open        498          

market or given to the vendor or contractor if no sale is made.    499          

      (E)  A board of township trustees of any township or a       501          

board of fire district trustees of a fire district created under   502          

section 505.371 of the Revised Code may purchase a policy or       503          

policies of liability insurance for the officers, employees, and   504          

                                                          13     

                                                                 
appointees of the fire department, fire district, or joint fire    505          

district governed by the board that includes personal injury       506          

liability coverage as to the civil liability of such officers,     507          

employees, and appointees for false arrest, detention, or          508          

imprisonment, malicious prosecution, libel, slander, defamation    509          

or other violation of the right of privacy, wrongful entry or      510          

eviction, or other invasion of the right of private occupancy,     511          

arising out of the performance of their duties.                    512          

      When a board of township trustees cannot, by deed of gift    514          

or by purchase and upon terms it considers reasonable, procure     515          

land for a township fire station that is needed in order to        516          

respond in reasonable time to a fire or medical emergency, the     517          

board may appropriate such land for that purpose under sections    518          

163.01 to 163.22 of the Revised Code.  If it is necessary to       519          

acquire additional adjacent land for enlarging or improving the    520          

fire station, the board may purchase, appropriate, or accept a     521          

deed of gift for the land for these purposes.                      522          

      (F)  As used in this division, "emergency medical service    524          

organization" has the same meaning as in section 4766.01 of the    525          

Revised Code.                                                      526          

      A board of township trustees, by adoption of an appropriate  528          

resolution, may choose to have the Ohio ambulance licensing board  529          

license any emergency medical service it operates.  If the board   530          

adopts such a resolution, CHAPTER 4766. OF THE REVISED CODE,       531          

EXCEPT FOR sections 4766.01 to 4766.05 4766.06 and 4766.07 to      533          

4766.12 4766.99 of the Revised Code and all rules adopted under    534          

those sections are applicable, APPLIES to the organization.  ALL   536          

RULES ADOPTED UNDER THE APPLICABLE SECTIONS OF THAT CHAPTER ALSO                

APPLY TO THE ORGANIZATION.  A board of township trustees, by       538          

adoption of an appropriate resolution, may remove its emergency    539          

medical service organization from the jurisdiction of the Ohio     540          

ambulance licensing board.                                                      

      Sec. 505.375.  (A)  The board of a joint ambulance district  550          

created under section 505.71 of the Revised Code and the board of  552          

                                                          14     

                                                                 
a joint fire district created under section 505.371 of the                      

Revised Code may negotiate in accordance with this section to      554          

combine their two joint districts into a single district, called   555          

a fire and ambulance district, for the delivery of both fire and   556          

ambulance services, if the geographic area covered by the          557          

combining joint districts is exactly the same.  Both boards shall  558          

adopt a joint resolution ratifying the agreement and setting a     559          

date on which the fire and ambulance district shall come into      560          

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

ambulance district shall cease to exist and the power of each to   561          

levy a tax upon taxable property shall terminate, except that any  562          

levy of a tax for the payment of indebtedness within the           563          

territory of the joint fire or joint ambulance district as it was  565          

composed at the time the indebtedness was incurred shall continue               

to be collected by the successor fire and ambulance district if    566          

the indebtedness remains unpaid.                                   567          

      All funds and other property of the joint districts that     569          

combined into the fire and ambulance district shall become the     570          

property of the fire and ambulance district, unless otherwise      571          

provided in the negotiated agreement.  The agreement shall         572          

provide for the settlement of all debts and obligations of the     573          

joint districts.                                                                

      (B)  The governing body of the fire and ambulance district   576          

shall be a board of trustees of at least three but no more than    577          

nine members, appointed as provided in the agreement creating the  578          

district.  Members of the board of trustees may be compensated at  579          

a rate not to exceed thirty dollars per meeting for not more than  580          

fifteen meetings per year, and may be reimbursed for all                        

necessary expenses incurred as provided in the agreement creating  581          

the district.                                                      582          

      The board shall employ a clerk and such other employees as   584          

it considers best, including a fire chief or fire prevention       585          

officers, and shall fix their compensation.  Before entering upon  586          

the duties of  office, the clerk shall execute a bond, in the      587          

                                                          15     

                                                                 
amount and with surety to be approved by the board, payable to     589          

the state, conditioned for the faithful performance of all of the  590          

clerk's official duties.  The clerk shall deposit the bond with    591          

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

certified by the presiding officer, with the county auditor of     592          

the county containing the most territory in the district.          593          

      The board shall also provide for the appointment of a        595          

fiscal officer for the district.  The board may also enter into    596          

agreements with volunteer fire companies for the use and           597          

operation of fire-fighting equipment.  Volunteer fire fighters     598          

FIREFIGHTERS acting under such an agreement are subject to the     599          

requirements for volunteer fire fighters FIREFIGHTERS set forth    600          

in division (A) of section 505.38 of the Revised Code.             601          

      Employees of the district shall not be removed from office   603          

except as provided by sections 733.35 to 733.39 of the Revised     605          

Code, except that to initiate removal proceedings, the board       606          

shall designate a private citizen, or if the employee is employed  607          

as a fire fighter FIREFIGHTER the board may designate the fire     608          

chief to investigate, conduct the proceedings, and prepare the     609          

necessary charges in conformity with sections 733.35 to 733.39 of  610          

the Revised Code, and except that the board shall perform the      611          

functions and duties specified for the municipal legislative       612          

authority under those sections.   The board may pay reasonable     613          

compensation to any private citizen hired for services rendered    615          

in the matter.                                                                  

      No person shall be appointed as a permanent full-time paid   617          

member of the district whose duties include fire fighting, or be   618          

appointed as a volunteer fire fighter FIREFIGHTER, unless that     619          

person has received a certificate issued under former section      621          

3303.07 or section 4765.55 of the Revised Code evidencing          622          

satisfactory completion of a fire fighter FIREFIGHTER training     623          

program.  The board may send its officers and fire fighters        624          

FIREFIGHTERS to schools of instruction designed to promote the     626          

efficiency of fire fighters FIREFIGHTERS, and, if authorized in    627          

                                                          16     

                                                                 
advance, may pay their necessary expenses from the funds used for  628          

the maintenance and operation of the district.                     629          

      The board may choose, by adoption of an appropriate          631          

resolution, to have the Ohio ambulance licensing board license     633          

any emergency medical service organization it operates.  If the                 

board adopts such a resolution, CHAPTER 4766. OF THE REVISED       634          

CODE, EXCEPT FOR sections 4766.01 to 4766.05 4766.06 and 4766.07   635          

to 4766.12 4766.99 of the Revised Code and all rules adopted       636          

under those sections are applicable, APPLIES to the organization.  638          

ALL RULES ADOPTED UNDER THE APPLICABLE SECTIONS OF THAT CHAPTER    639          

ALSO APPLY TO THE ORGANIZATION.  The board may likewise, by        640          

resolution, remove its emergency medical service organization      641          

from the jurisdiction of the Ohio ambulance licensing board.       643          

      (C)  The board may exercise the following powers:            645          

      (1)  Purchase or otherwise provide any fire apparatus,       647          

mechanical resuscitators, or other fire or ambulance equipment,    648          

appliances, or materials; fire hydrants; and water supply for      649          

fire-fighting purposes that seems advisable to the board;          650          

      (2)  Provide for the care and maintenance of equipment and,  652          

for that purpose, purchase, lease, or construct and maintain       653          

necessary buildings;                                                            

      (3)  Establish and maintain lines of fire-alarm              655          

communications within the limits of the district;                  656          

      (4)  Appropriate land for a fire station or medical          658          

emergency unit needed in order to respond in reasonable time to a  659          

fire or medical emergency, in accordance with Chapter 163. of the  660          

Revised Code;                                                                   

      (5)  Purchase, appropriate, or accept a deed or gift of      662          

land to enlarge or improve a fire station or medical emergency     663          

unit;                                                                           

      (6)  Purchase, lease, maintain, and use all materials,       665          

equipment, vehicles, buildings, and land necessary to perform its  666          

duties;                                                                         

      (7)  Contract for a period not to exceed three years with    668          

                                                          17     

                                                                 
one or more townships, municipal corporations, counties, joint     669          

fire districts, governmental agencies, nonprofit corporations, or  671          

private ambulance owners located either within or outside the      672          

state, to furnish or receive ambulance services or emergency       673          

medical services within the several territories of the             675          

contracting parties, if the contract is first authorized by all                 

boards of trustees and legislative authorities concerned;          676          

      (8)  Establish all necessary rules to guard against the      678          

occurrence of fires and to protect property and lives against      679          

damage and accidents;                                              680          

      (9)  Adopt a standard code pertaining to fire, fire          682          

hazards, and fire prevention prepared and promulgated by the       683          

state or by a public or private organization that publishes a      684          

model or standard code;                                                         

      (10)  Provide for charges for false alarms at commercial     686          

establishments in the same manner as joint fire districts are      687          

authorized to do under section 505.391 of the Revised Code;        688          

      (11)  Issue bonds and other evidences of indebtedness,       690          

subject to Chapter 133. of the Revised Code, but only after        691          

approval by a vote of the electors of the district as provided by  692          

section 133.18 of the Revised Code;                                             

      (12)  To provide the services and equipment it considers     694          

necessary, levy a sufficient tax, subject to Chapter 5705. of the  696          

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

      (D)  Any municipal corporation or township may join an       699          

existing fire and ambulance district by its legislative                         

authority's adoption of a resolution requesting such membership    702          

and upon approval of the board of the district.  Any municipal     703          

corporation or township may withdraw from a district by its                     

legislative authority's adoption of a resolution ordering          705          

withdrawal.  Upon its withdrawal, the municipal corporation or     706          

township ceases to be a part of the district and the district's    707          

power to levy a tax on taxable property in the withdrawing         708          

township or municipal corporation terminates, except that the      709          

                                                          18     

                                                                 
district shall continue to levy and collect taxes for the payment  710          

of indebtedness within the territory of the district as it was     711          

composed at the time the indebtedness was incurred.                             

      Upon the withdrawal of any township or municipal             713          

corporation from a district, the county auditor of the county      714          

containing the most territory in the district shall ascertain,     715          

apportion, and order a division of the funds on hand, moneys and   716          

taxes in the process of collection except for taxes levied for     717          

the payment of indebtedness, credits, and real and personal        718          

property on the basis of the valuation of the respective tax       719          

duplicates of the withdrawing municipal corporation or township    720          

and the remaining territory of the district.                                    

      (E)  As used in this section:                                722          

      (1)  "Governmental agency" includes all departments,         724          

boards, offices, commissions, agencies, colleges, universities,    725          

institutions, and other instrumentalities of this or another       726          

state.                                                                          

      (2)  "Emergency medical service organization" has the same   728          

meaning as in section 4766.01 of the Revised Code.                 730          

      Sec. 505.44.  As used in this section:                       739          

      (A)  "Emergency medical service organization" has the same   741          

meaning as in section 4765.01 of the Revised Code.                 742          

      (B)  "State agency" means all departments, boards, offices,  744          

commissions, agencies, colleges, universities, institutions, and   745          

other instrumentalities of this or another state.                  746          

      In order to obtain the services of ambulance service         748          

organizations, to obtain additional services from ambulance        749          

service organizations in times of emergency, to obtain the         750          

services of emergency medical service organizations, or, if the    751          

township is located in a county with a population of forty         752          

thousand or less, to obtain the services of nonemergency patient   753          

transport service organizations, a township may enter into a       755          

contract with one or more state agencies, townships, municipal     756          

corporations, counties, nonprofit corporations, joint emergency    757          

                                                          19     

                                                                 
medical services districts, fire and ambulance districts, or       758          

private ambulance owners, regardless of whether such state         760          

agencies, townships, municipal corporations, counties, nonprofit   761          

corporations, joint emergency medical services districts, fire     762          

and ambulance districts, or private ambulance owners are located   763          

within or outside the state, upon such terms as are agreed to by   764          

them, to furnish or receive services from ambulance or emergency   765          

medical service organizations or, if the township is located in a  766          

county with a population of forty thousand or less, to furnish or  767          

receive services from nonemergency patient transport service       769          

organizations, or may enter into a contract for the interchange    770          

of services from ambulance or emergency medical service            772          

organizations or, if the township is located in a county with a    773          

population of forty thousand or less, the interchange of services  774          

from nonemergency patient transport service organizations, within  775          

the several territories of the contracting parties, if the         776          

contract is first authorized by the respective boards of township  777          

trustees, the other legislative bodies, or the officer or body     778          

authorized to contract on behalf of the state agency.  Such        779          

contracts shall not be entered into with a state agency or         780          

nonprofit corporation that receives more than half of its          781          

operating funds from governmental entities with the intention of   782          

directly competing with the operation of other ambulance,          783          

emergency medical, or nonemergency patient transport service       785          

organizations in the township unless the state agency or           787          

nonprofit corporation is awarded the contract after submitting     788          

the lowest and best bid to the board of township trustees.         789          

      The contract may provide for a fixed annual charge to be     791          

paid at the times agreed upon and stipulated in the contract, or   792          

for compensation based upon a stipulated price for each run,       793          

call, or emergency, or the elapsed time of service required in     794          

such run, call, or emergency, or any combination thereof.          795          

      Any township wishing to commence providing or wishing to     797          

enter into a contract for the first time to furnish or obtain      798          

                                                          20     

                                                                 
services from nonemergency patient transport service               800          

organizations on or after March 1, 1993, including a township in   801          

which a private provider has been providing the service, shall     802          

demonstrate the need for public funding for the service to, and    803          

obtain approval from, the Ohio STATE BOARD OF emergency medical    805          

services board or its immediate successor board prior to the       806          

establishment of a township-operated or township-funded service.   807          

      Sec. 505.72.  (A)  The board of trustees of a joint          816          

ambulance district shall provide for the employment of such        817          

employees as it considers best, and shall fix their compensation.  818          

Such employees shall continue in office until removed as provided  819          

by sections 733.35 to 733.39 of the Revised Code.  To initiate     820          

removal proceedings, and for such purpose, the board shall         821          

designate a private citizen to investigate the conduct and         822          

prepare the necessary charges in conformity with sections 733.35   823          

to 733.39 of the Revised Code.  The board may pay reasonable       824          

compensation to such person for his THE PERSON'S services.         825          

      In case of the removal of an employee of the district, an    827          

appeal may be had from the decision of the board to the court of   828          

common pleas of the county in which such district, or part of it,  829          

is situated, to determine the sufficiency of the cause of          830          

removal.  Such appeal from the findings of the board shall be      831          

taken within ten days.                                             832          

      (B)  As used in this division, "emergency medical service    834          

organization" has the same meaning as in section 4765.01 of the    835          

Revised Code.                                                      836          

      (1)  In order to obtain the services of ambulance service    838          

organizations, to obtain additional services from ambulance        839          

service organizations in times of emergency, or to obtain the      840          

services of emergency medical service organizations, a district    841          

may enter into a contract, for a period not to exceed three        842          

years, with one or more townships, municipal corporations, joint   843          

fire districts, nonprofit corporations, any other governmental     844          

unit that provides ambulance services or emergency medical         845          

                                                          21     

                                                                 
services, or with private ambulance owners, regardless of whether  846          

such townships, municipal corporations, joint fire districts,      847          

nonprofit corporations, governmental unit, or private ambulance    848          

owners are located within or without the THIS state, upon such     849          

terms as are agreed to, to furnish or receive services from        851          

ambulance or emergency medical service organizations or the        852          

interchange of services from ambulance or emergency medical        853          

service organizations within the several territories of the        854          

contracting subdivisions, if such contract is first authorized by  855          

all boards of trustees and legislative authorities concerned.      856          

      The contract may provide for a fixed annual charge to be     858          

paid at the times agreed upon and stipulated in the contract, or   859          

for compensation based upon a stipulated price for each run,       860          

call, or emergency, or the elapsed time of service required in     861          

such run, call, or emergency, or any combination thereof.          862          

      (2)  Expenditures of a district for the services of          864          

ambulance service organizations or emergency medical service       865          

organizations, whether pursuant to contract or otherwise, are      866          

lawful expenditures, regardless of whether the district or the     867          

party with which it contracts charges additional fees to users of  868          

the services.                                                      869          

      (3)  A DISTRICT'S BOARD OF TRUSTEES, BY ADOPTION OF AN       871          

APPROPRIATE RESOLUTION, MAY CHOOSE TO HAVE THE OHIO AMBULANCE      872          

LICENSING BOARD LICENSE ANY EMERGENCY MEDICAL SERVICE              874          

ORGANIZATION THE DISTRICT OPERATES.  IF A BOARD ADOPTS SUCH A                   

RESOLUTION, CHAPTER 4766. OF THE REVISED CODE, EXCEPT FOR          875          

SECTIONS 4766.06 AND 4766.99 OF THE REVISED CODE, APPLIES TO THE   877          

DISTRICT EMERGENCY MEDICAL SERVICE ORGANIZATION.  ALL RULES        878          

ADOPTED UNDER THE APPLICABLE SECTIONS OF THAT CHAPTER ALSO APPLY   879          

TO THE ORGANIZATION.  A BOARD, BY ADOPTION OF AN APPROPRIATE       880          

RESOLUTION, MAY REMOVE THE DISTRICT EMERGENCY MEDICAL SERVICE                   

ORGANIZATION FROM THE JURISDICTION OF THE OHIO AMBULANCE           881          

LICENSING BOARD.                                                   882          

      (C)  Ambulance services or emergency medical services        884          

                                                          22     

                                                                 
rendered for a joint ambulance district under this section and     885          

section 505.71 of the Revised Code shall be deemed services of     886          

the district.  These sections do not authorize suits against a     887          

district or any township or municipal corporation providing or     888          

receiving, or contracting to provide or receive, such services     889          

under these sections for damages for injury or loss to persons or  890          

property or for wrongful death caused by persons providing such    891          

services.                                                          892          

      Sec. 2909.01.  As used in sections 2909.01 to 2909.07 of     901          

the Revised Code:                                                  902          

      (A)  To "create a substantial risk of serious physical harm  904          

to any person" includes the creation of a substantial risk of      905          

serious physical harm to any emergency personnel.                  906          

      (B)  "Emergency personnel" means any of the following        908          

persons:                                                           909          

      (1)  A peace officer, as defined in section 2935.01 of the   911          

Revised Code;                                                      912          

      (2)  A member of a fire department or other firefighting     914          

agency of a municipal corporation, township, township fire         915          

district, joint fire district, other political subdivision, or     916          

combination of political subdivisions;                             917          

      (3)  A member of a private fire company, as defined in       919          

section 9.60 of the Revised Code, or a volunteer firefighter;      920          

      (4)  A member of a joint ambulance district OR JOINT         922          

EMERGENCY MEDICAL SERVICES DISTRICT;                               923          

      (5)  An emergency medical technician-basic, emergency        925          

medical technician-intermediate, emergency medical                 926          

technician-paramedic, ambulance operator, or other member of an    927          

emergency medical service that is owned or operated by a           928          

political subdivision or a private entity;                                      

      (6)  The state fire marshal, an assistant state marshal, or  930          

an arson investigator of the office of the state fire marshal;     931          

      (7)  A fire prevention officer of a political subdivision    933          

or an arson investigator or similar inspector of a political       934          

                                                          23     

                                                                 
subdivision.                                                       935          

      (C)  "Occupied structure" means any house, building,         937          

outbuilding, watercraft, aircraft, railroad car, truck, trailer,   938          

tent, or other structure, vehicle, or shelter, or any portion      939          

thereof, to which any of the following applies:                    940          

      (1)  It is maintained as a permanent or temporary dwelling,  942          

even though it is temporarily unoccupied and whether or not any    943          

person is actually present.                                        944          

      (2)  At the time, it is occupied as the permanent or         946          

temporary habitation of any person, whether or not any person is   947          

actually present.                                                  948          

      (3)  At the time, it is specially adapted for the overnight  950          

accommodation of any person, whether or not any person is          951          

actually present.                                                  952          

      (4)  At the time, any person is present or likely to be      954          

present in it.                                                     955          

      (D)  "Political subdivision" and "state" have the same       957          

meanings as in section 2744.01 of the Revised Code.                958          

      Sec. 4503.49.  (A)  Any AS USED IN THIS SECTION,             968          

"AMBULANCE," "EMERGENCY MEDICAL SERVICE ORGANIZATION," AND         969          

"NONTRANSPORT VEHICLE" HAVE THE SAME MEANINGS AS IN SECTION                     

4766.01 OF THE REVISED CODE.                                       970          

      (B)  EACH private emergency medical service organization as  973          

defined in section 4766.01 of the Revised Code may SHALL apply to  974          

the registrar of motor vehicles for the registration of any        975          

ambulance or nontransport vehicle it owns OR LEASES.  The                       

application shall be accompanied by A COPY OF the vehicle permit   976          

or temporary permit CERTIFICATE OF LICENSURE issued TO THE         977          

ORGANIZATION by the Ohio ambulance licensing board to the service  979          

for the vehicle.                                                                

      (B)  Upon receipt of an application for the registration of  981          

a vehicle under this section and the vehicle permit or temporary   982          

permit, the registrar shall issue to the service appropriate       983          

vehicle registration and a set of license plates and a validation  984          

                                                          24     

                                                                 
sticker, or a validation sticker alone when required by section    985          

4503.191 of the Revised Code.  In addition to the letters and      986          

numbers ordinarily inscribed thereon, the license plates shall be  987          

inscribed with the words "EMS VEHICLE."  The license plates and    988          

validation sticker shall be issued upon payment of AND the         989          

FOLLOWING FEES:                                                    990          

      (1)  THE regular license fees TAX as prescribed under        993          

section 4503.04 of the Revised Code and any;                       994          

      (2)  ANY local license tax levied under Chapter 4504. of     996          

the Revised Code, and upon the payment of an;                      997          

      (3)  AN additional fee of seven dollars and fifty cents for  1,000        

issuance under this section.  The ADDITIONAL fee shall be for the  1,002        

purpose of compensating the bureau of motor vehicles for           1,003        

additional services required in the issuing of such licenses TO    1,004        

BE PERFORMED UNDER THIS SECTION and shall be transmitted by the    1,005        

registrar to the treasurer of state for deposit in the state       1,006        

bureau of motor vehicles fund created by section 4501.25 of the    1,008        

Revised Code.                                                                   

      (C)  ON RECEIPT OF A COMPLETE APPLICATION, THE REGISTRAR     1,010        

SHALL ISSUE TO THE APPLICANT THE APPROPRIATE CERTIFICATE OF        1,011        

REGISTRATION FOR THE VEHICLE AND DO ONE OF THE FOLLOWING:          1,012        

      (1)  ISSUE A SET OF LICENSE PLATES WITH A VALIDATION         1,014        

STICKER AND A SET OF STICKERS TO BE ATTACHED TO THE PLATES AS AN   1,015        

IDENTIFICATION OF THE VEHICLE'S CLASSIFICATION AS AN AMBULANCE OR  1,016        

NONTRANSPORT VEHICLE;                                                           

      (2)  ISSUE A VALIDATION STICKER ALONE WHEN SO REQUIRED BY    1,018        

SECTION 4503.191 OF THE REVISED CODE.                              1,019        

      Sec. 4765.09.  The state board of emergency medical          1,028        

services shall prepare recommendations for the operation of        1,029        

ambulance service organizations and emergency medical service      1,030        

organizations.  Within thirty days following each meeting of the   1,031        

board, the board shall notify any THE board of county              1,032        

commissioners OF ANY COUNTY, THE board of township trustees OF     1,034        

ANY TOWNSHIP, or THE board of trustees of a ANY joint ambulance    1,036        

                                                          25     

                                                                 
district, OR THE BOARD OF TRUSTEES OF ANY JOINT EMERGENCY MEDICAL  1,037        

SERVICES DISTRICT in which there exist ambulance service                        

organizations or emergency medical service organizations of any    1,038        

board recommendations for the operation of such organizations.     1,039        

The recommendations shall include, but not be limited to:          1,040        

      (A)  The definition and classification of ambulances;        1,042        

      (B)  The design, equipment, and supplies for ambulances;     1,044        

      (C)  The minimum number and type of personnel for the        1,046        

operation of ambulances;                                           1,047        

      (D)  The communication systems necessary for the operation   1,049        

of ambulances;                                                     1,050        

      (E)  Reports to be made by persons holding certificates of   1,052        

accreditation or approval issued under section 4765.17 of the      1,053        

Revised Code and certificates to practice issued under section     1,054        

4765.30 of the Revised Code to ascertain compliance with this      1,055        

chapter and the rules and recommendations adopted thereunder and   1,056        

to ascertain the quantity and quality of ambulance service         1,057        

organizations and emergency medical service organizations          1,058        

throughout the state.                                              1,059        

      Sec. 4765.10.  (A)  The state board of emergency medical     1,068        

services shall do all of the following:                            1,069        

      (1)  Administer and enforce the provisions of this chapter   1,071        

and the rules adopted under it;                                    1,072        

      (2)  Approve, in accordance with procedures established in   1,074        

rules adopted under section 4765.11 of the Revised Code,           1,075        

examinations that demonstrate competence to have a certificate to  1,076        

practice renewed without completing a continuing education         1,077        

program;                                                           1,078        

      (3)  Advise applicants for state or federal emergency        1,080        

medical services funds, review and comment on applications for     1,081        

these funds, and approve the use of all state and federal funds    1,082        

designated solely for emergency medical service programs unless    1,083        

federal law requires another state agency to approve the use of    1,084        

all such federal funds;                                            1,085        

                                                          26     

                                                                 
      (4)  Serve as a statewide clearinghouse for discussion,      1,087        

inquiry, and complaints concerning emergency medical services;     1,088        

      (5)  Make recommendations to the general assembly on         1,090        

legislation to improve the delivery of emergency medical           1,091        

services;                                                          1,092        

      (6)  Maintain a toll-free long distance telephone number     1,094        

through which it shall respond to questions about emergency        1,095        

medical services;                                                  1,096        

      (7)  Work with the office of state fire marshal MARSHAL'S    1,098        

OFFICE in coordinating the training of fire fighters FIREFIGHTERS  1,100        

and emergency medical services personnel when possible.  The       1,102        

office of state fire marshal shall cooperate with the board to     1,103        

achieve this goal.                                                              

      (8)  Provide a liaison to the state emergency operation      1,105        

center during those periods when a disaster, as defined in         1,106        

section 5502.21 of the Revised Code, has occurred in this state    1,107        

and the governor has declared an emergency as defined in that      1,108        

section;.                                                                       

      (B)  The board may do any of the following:                  1,111        

      (1)  Investigate complaints concerning emergency medical     1,113        

services and emergency medical service organizations as it         1,114        

determines necessary;                                              1,115        

      (2)  Enter into reciprocal agreements with other states      1,117        

that have standards for accreditation of emergency medical         1,118        

services training programs and for certification of EMT-As first   1,120        

responders, EMTs-basic, EMTs-I, or paramedics, FIREFIGHTERS, OR    1,121        

FIRE SAFETY INSPECTORS that are substantially similar to those     1,123        

established under this chapter and the rules adopted under it;     1,124        

      (3)  Establish a statewide public information system and     1,126        

public education programs regarding emergency medical services;    1,127        

      (4)  Establish an injury prevention program.                 1,129        

      (C)  In accordance with rules adopted under section 4765.11  1,131        

of the Revised Code, the board shall maintain the confidentiality  1,132        

of any information it collects or receives under this chapter      1,133        

                                                          27     

                                                                 
that would identify a specific patient or recipient of emergency   1,134        

medical services or trauma care, except as otherwise provided in   1,135        

section 149.43 of the Revised Code.  In any report prepared by     1,136        

the board, information regarding patients or recipients of         1,137        

emergency medical services or trauma care shall be presented only  1,138        

in aggregate statistical form.                                     1,139        

      Sec. 4765.37.  (A)  An emergency medical technician-basic    1,149        

shall perform the emergency medical services described in this     1,151        

section in accordance with this chapter and any rules adopted      1,152        

under it BY THE STATE BOARD OF EMERGENCY MEDICAL SERVICES.         1,153        

      (B)  An emergency medical technician-basic may operate, or   1,157        

be responsible for operation of, an ambulance and may provide                   

emergency medical services to patients.  In an emergency, an       1,159        

EMT-basic may determine the nature and extent of illness or        1,160        

injury and establish priority for required emergency medical       1,161        

services.  An EMT-basic may render emergency medical services      1,163        

such as opening and maintaining an airway, giving positive         1,164        

pressure ventilation, cardiac resuscitation, electrical            1,165        

interventions with automated defibrillators to support or correct  1,166        

the cardiac function and other methods determined by the board,    1,167        

controlling of hemorrhage, treatment of shock, immobilization of   1,168        

fractures, bandaging, assisting in childbirth, management of       1,169        

mentally disturbed patients, and initial care of poison and burn   1,170        

patients.  Where patients must in an emergency be extricated from  1,171        

entrapment, an EMT-basic may assess the extent of injury and       1,173        

render all possible emergency medical services and protection to   1,174        

the entrapped patient; provide light rescue services if an         1,175        

ambulance has not been accompanied by a specialized unit; and      1,176        

after extrication, provide additional care in sorting of the       1,177        

injured in accordance with standard emergency procedures.          1,178        

      (C)  An EMT-basic may perform any other emergency medical    1,181        

services approved pursuant to rules adopted under section 4765.11  1,182        

of the Revised Code.  The board shall determine whether the        1,183        

nature of any such service requires that an EMT-basic receive      1,185        

                                                          28     

                                                                 
authorization prior to performing the service.                     1,186        

      (D)(1)  Except as provided in division (D)(2) of this        1,188        

section, if the board determines under division (C) of this        1,189        

section that a service requires prior authorization, the service   1,190        

shall be performed only pursuant to the written or verbal          1,191        

authorization of a physician or of the cooperating physician       1,192        

advisory board, or pursuant to an authorization transmitted        1,193        

through a direct communication device by a physician or            1,194        

registered nurse designated by a physician.                        1,195        

      (2)  If communications fail during an emergency situation    1,197        

or the required response time prohibits communication, an          1,199        

EMT-basic may perform services subject to this division, if, in    1,200        

the judgment of the EMT-basic, the life of the patient is in       1,201        

immediate danger.  Services performed under these circumstances    1,202        

shall be performed in accordance with the written protocols        1,204        

established under section 4765.40 of the Revised Code by the       1,205        

emergency medical service organization with which the EMT-basic    1,207        

is affiliated.                                                                  

      Sec. 4765.56.  On receipt of a notice pursuant to section    1,216        

2301.373 of the Revised Code, the STATE BOARD OF emergency         1,217        

medical services board shall comply with that section with         1,219        

respect to a certificate to practice issued pursuant to this       1,220        

chapter.                                                                        

      Sec. 4766.01.  As used in this chapter:                      1,229        

      (A)  "Advanced life support" means treatment described in    1,231        

section 4765.39 of the Revised Code that a paramedic is certified  1,232        

to perform.                                                        1,233        

      (B)  "Ambulance" means any privately owned or leased motor   1,235        

vehicle that is specifically designed, constructed, or modified    1,236        

and equipped and is intended to be used for the transportation     1,237        

upon the streets or highways of this state of persons who are      1,238        

seriously ill, injured, wounded, or otherwise incapacitated or     1,239        

helpless.  "Ambulance" does not include a vehicle designed and     1,240        

used solely for the transportation of nonstretcher-bound,          1,241        

                                                          29     

                                                                 
hospitalized, or handicapped persons, whether HOSPITALIZED OR      1,242        

HANDICAPPED OR WHETHER ambulatory or confined to a wheelchair.     1,244        

      (C)  "Basic life support" means treatment described in       1,246        

section 4765.37 of the Revised Code that an EMT-basic is           1,248        

certified to perform.                                              1,249        

      (D)  "Disaster situation" means any condition or situation   1,251        

described by rule of the Ohio ambulance licensing board as a mass  1,252        

casualty, major emergency, natural disaster, or national           1,253        

emergency.                                                         1,254        

      (E)  "Emergency medical service organization" means an       1,256        

organization that uses EMTs-basic, EMTs-I, or paramedics, or a     1,259        

combination thereof, to provide medical care to victims of         1,260        

illness or injury.  An emergency medical service organization      1,261        

includes, but is not limited to, a commercial ambulance service    1,262        

organization, a hospital, and a funeral home.  It does not         1,263        

include any private, nonprofit organization when fifty per cent    1,264        

or more of its total personnel are volunteer personnel, as         1,265        

defined in division (M) of this section, or a volunteer fire       1,266        

department, volunteer rescue squad, or volunteer life squad.       1,267        

      (F)  "EMT-basic," "EMT-I," and "paramedic" have the same     1,269        

meanings as in section 4765.01 of the Revised Code.                1,270        

      (G)  "Intermediate life support" means treatment described   1,272        

in section 4765.38 of the Revised Code that an EMT-I is certified  1,274        

to perform.                                                                     

      (H)  "Major emergency" means any emergency event that        1,276        

cannot be resolved through the use of locally available emergency  1,277        

resources.                                                         1,278        

      (I)  "Mass casualty" means an emergency event that results   1,280        

in ten or more persons being injured, incapacitated, made ill, or  1,281        

killed.                                                            1,282        

      (J)  "Medical emergency" means an unforeseen event           1,284        

affecting an individual in such a manner that a need for           1,285        

immediate care is created.                                         1,286        

      (K)  "Mobile intensive care unit" means an ambulance used    1,289        

                                                          30     

                                                                 
only for maintaining specialized or intensive care treatment and   1,290        

used primarily for interhospital transports.                       1,291        

      (L)  "Nontransport vehicle" means a motor vehicle, other     1,293        

than a motor vehicle titled in the name of a volunteer rescue      1,294        

service organization as defined in section 4503.172 of the         1,295        

Revised Code, owned or leased and operated to provide advanced,    1,296        

intermediate, or basic life support services in conjunction with   1,297        

any motor vehicle, that is not for the transportation of persons   1,298        

who are seriously ill, injured, wounded, or otherwise              1,299        

incapacitated or helpless, operating under the authority of a      1,300        

person licensed under this chapter OPERATED BY A LICENSED          1,301        

EMERGENCY MEDICAL SERVICE ORGANIZATION NOT AS AN AMBULANCE, BUT    1,303        

AS A VEHICLE FOR PROVIDING SERVICES IN CONJUNCTION WITH THE        1,304        

AMBULANCES OPERATED BY THE ORGANIZATION OR OTHER EMERGENCY         1,305        

MEDICAL SERVICE ORGANIZATIONS.                                                  

      (M)  "Patient" means any individual who as a result of       1,307        

illness or injury needs medical attention, whose physical or       1,308        

mental condition is such that there is imminent danger of loss of  1,310        

life or significant health impairment, or who may be otherwise     1,311        

incapacitated or helpless as a result of a physical or mental      1,312        

condition.                                                         1,313        

      (N)  "Volunteer personnel" means persons who provide         1,315        

services without expectation of remuneration and who do not        1,316        

receive payment for services rendered other than reimbursement     1,317        

for expenses.                                                      1,318        

      Sec. 4766.03.  (A)  The Ohio ambulance licensing board       1,327        

shall adopt rules, pursuant to IN ACCORDANCE WITH Chapter 119. of  1,329        

the Revised Code, implementing the requirements of this chapter.   1,330        

The rules shall include, but not be limited to, provisions         1,331        

relating to THE FOLLOWING:                                         1,332        

      (1)  Ambulances, equipment, REQUIREMENTS FOR AN EMERGENCY    1,334        

MEDICAL SERVICE ORGANIZATION TO RECEIVE A PERMIT FOR AN AMBULANCE  1,336        

OR nontransport vehicles, personnel, and communications equipment  1,337        

requirements for licensees VEHICLE;                                1,338        

                                                          31     

                                                                 
      (2)  Licensure requirements for REQUIREMENTS FOR AN          1,340        

EMERGENCY MEDICAL SERVICE ORGANIZATION TO RECEIVE A LICENSE AS A   1,342        

basic life-support, intermediate life-support, and OR advanced     1,343        

life-support service organizations ORGANIZATION;                   1,345        

      (3)  Forms for applications and renewals of licenses and     1,347        

permits;                                                           1,348        

      (4)  Requirements for record keeping of service responses    1,350        

made by licensees and permit holders LICENSED EMERGENCY MEDICAL    1,351        

SERVICE ORGANIZATIONS;                                             1,352        

      (5)  Fee amounts for licenses and permits, and renewals      1,354        

thereof;                                                           1,355        

      (6)  Inspection requirements for licensees' vehicles,        1,357        

records, and physical facilities;                                  1,358        

      (7)  Fee amounts for inspections of ambulances and           1,360        

nontransport vehicles;                                             1,361        

      (8)  REQUIREMENTS FOR AMBULANCES AND NONTRANSPORT VEHICLES   1,363        

USED BY LICENSED EMERGENCY MEDICAL SERVICE ORGANIZATIONS THAT      1,364        

SPECIFY FOR EACH TYPE OF VEHICLE THE TYPES OF EQUIPMENT THAT MUST  1,365        

BE CARRIED, THE COMMUNICATION SYSTEMS THAT MUST BE MAINTAINED,     1,366        

AND THE PERSONNEL WHO MUST STAFF THE VEHICLE;                                   

      (9)  THE LEVEL OF CARE EACH TYPE OF EMERGENCY MEDICAL        1,368        

SERVICE ORGANIZATION IS AUTHORIZED TO PROVIDE;                     1,369        

      (10)  Any other rules that the board determines necessary    1,371        

for the implementation and enforcement of this chapter.            1,372        

      (B)  All rules adopted pursuant to this section shall, at a  1,374        

minimum, comply with the requirements specified in the "GAC        1,376        

Service Specifications and Technical Handbook," OH-1822, as        1,378        

amended.  The board shall adopt rules that require each existing   1,379        

vehicle ordered, delivered, or in use prior to July 2, 1990, to    1,380        

meet the requirements specified in the "GAC Service                1,381        

Specifications and Technical Handbook," OH-1822, as amended, that  1,383        

was in effect at the time of the vehicle's manufacture.  Any       1,384        

rules adopted under this section that pertain to vehicle           1,385        

standards specified in the handbook shall not take effect until    1,386        

                                                          32     

                                                                 
July 2, 1995 IN THE RULES FOR AMBULANCES AND NONTRANSPORT          1,387        

VEHICLES ADOPTED UNDER DIVISION (A)(8) OF THIS SECTION, THE BOARD  1,388        

MAY ESTABLISH REQUIREMENTS THAT VARY ACCORDING TO WHETHER THE      1,389        

EMERGENCY MEDICAL SERVICE ORGANIZATION USING THE VEHICLES IS       1,390        

LICENSED AS A BASIC, INTERMEDIATE, OR ADVANCED LIFE-SUPPORT        1,391        

ORGANIZATION.                                                                   

      (C)  A mobile intensive care unit that meets the             1,393        

requirements of the rules adopted under this section is not        1,394        

required to carry immobilization equipment, including board        1,395        

splint kits, traction splints, backboards, backboard straps,       1,396        

cervical immobilization devices, cervical collars, stairchairs,    1,397        

folding cots, or other types of immobilization equipment           1,398        

determined by the board to be unnecessary for mobile intensive     1,399        

care units.                                                                     

      A mobile intensive care unit is exempt from the emergency    1,402        

medical technician staffing requirements of division (B) of                     

section 4765.43 of the Revised Code when it is staffed by at       1,404        

least one physician or registered nurse and another person,                     

designated by a physician, who holds a valid license or            1,405        

certificate to practice in a health care profession, and when at   1,406        

least one of the persons staffing the mobile intensive care unit   1,407        

is a registered nurse whose training meets or exceeds the          1,408        

training required for a paramedic.                                 1,409        

      Sec. 4766.04.  (A)  Except as otherwise provided in this     1,418        

chapter, no person shall furnish, operate, conduct, maintain,      1,419        

advertise, engage in, or propose or profess to engage in the       1,420        

business or service of transporting persons who are seriously      1,421        

ill, injured, or otherwise incapacitated in this state unless he   1,422        

THE PERSON is licensed pursuant to this section.                   1,424        

      (B)  To qualify for a license as a basic life-support,       1,426        

intermediate life-support, or advanced life-support service        1,427        

organization, a person AN EMERGENCY MEDICAL SERVICE ORGANIZATION   1,428        

shall do all of the following:                                     1,429        

      (1)  Apply for a permit for each ambulance and nontransport  1,431        

                                                          33     

                                                                 
vehicle owned or leased as provided in section 4766.07 of the      1,433        

Revised Code;                                                      1,434        

      (2)  Meet all requirements of the ESTABLISHED IN rules of    1,436        

ADOPTED BY the Ohio ambulance licensing board regarding            1,438        

ambulances, equipment, AND nontransport vehicles, personnel        1,439        

INCLUDING REQUIREMENTS PERTAINING TO EQUIPMENT, communications     1,440        

systems, STAFFING, and medical treatments LEVEL OF CARE the        1,441        

particular organization is permitted to render;                    1,442        

      (3)  Maintain the appropriate type and amount of insurance   1,444        

or self-insurance as specified in section 4766.06 of the Revised   1,445        

Code;                                                              1,446        

      (4)  Meet all other requirements set ESTABLISHED UNDER       1,448        

RULES ADOPTED by the board, by rule, for the particular license.   1,450        

      (C)  To apply for a license as a basic life-support,         1,452        

intermediate life-support, or advanced life-support service        1,453        

organization, a person AN EMERGENCY MEDICAL SERVICE ORGANIZATION   1,454        

shall submit a completed application to the board, on a form       1,456        

provided by the board for each particular license, together with   1,457        

the appropriate fees established under section 4766.05 of the      1,458        

Revised Code.  The application form shall include all of the       1,459        

following:                                                                      

      (1)  The name and business address of the operator of the    1,461        

organization for which licensure is sought;                        1,462        

      (2)  The name under which the applicant will operate the     1,464        

organization;                                                      1,465        

      (3)  A list of the names and addresses of all officers and   1,467        

directors of the organization;                                     1,468        

      (4)  A description of each vehicle to be used, including     1,470        

the make, model, year of manufacture, mileage, vehicle             1,471        

identification number, and the color scheme, insignia, name,       1,472        

monogram, or other distinguishing characteristics to be used to    1,473        

designate the applicant's vehicle;                                 1,474        

      (5)  The location and description of each place from which   1,476        

the organization will operate;                                     1,477        

                                                          34     

                                                                 
      (6)  A description of the geographic area to be served by    1,479        

the applicant;                                                     1,480        

      (7)  Any other information the board, by rule, determines    1,482        

necessary.                                                         1,483        

      (D)  Within sixty days after receiving a completed           1,485        

application for licensure as a basic life-support, intermediate    1,486        

life-support, or advanced life-support service organization, the   1,487        

board shall approve or deny the application.  The board shall      1,488        

deny an application if it determines that the applicant does not   1,489        

meet the requirements of this chapter or any rules adopted         1,490        

pursuant thereto UNDER IT.  The board shall send NOTICE OF the     1,491        

denial of an application by certified mail to the applicant.  The  1,493        

applicant may request a hearing within ten days after receipt of   1,494        

the certified mail NOTICE.  If the board receives a timely         1,495        

request, it shall hold a hearing in accordance with Chapter 119.   1,497        

of the Revised Code.                                               1,498        

      (E)  If an applicant or licensee operates or plans to        1,500        

operate an organization in more than one location under the same   1,501        

or different identities, the applicant or licensee shall apply     1,502        

for and meet all requirements for licensure or renewal of a        1,503        

license, other than payment of a license fee or renewal fee, for   1,504        

operating the organization at each separate location.  An          1,505        

applicant or licensee that operates or plans to operate under the  1,506        

same organization identity in separate locations shall pay only a  1,507        

single license fee.                                                1,508        

      (F)  Each license issued under this section and each permit  1,510        

issued under section 4766.07 of the Revised Code expires two       1,511        

years after the date of issue, but each licensee and permit        1,512        

holder may apply to the board for the extension of his license     1,513        

and permit under AND MAY BE RENEWED IN ACCORDANCE WITH the         1,514        

standard renewal procedures of Chapter 4745. of the Revised Code,  1,516        

provided that the licensee or permit holder meets the              1,517        

requirements for licensure.  In addition, each permit holder AN    1,518        

APPLICATION FOR RENEWAL SHALL INCLUDE THE LICENSE OR PERMIT                     

                                                          35     

                                                                 
RENEWAL FEE ESTABLISHED UNDER SECTION 4766.05 OF THE REVISED       1,519        

CODE.  AN APPLICANT FOR RENEWAL OF A PERMIT ALSO shall submit to   1,520        

the board proof of an annual inspection of each THE vehicle for    1,522        

which a permit has been issued RENEWAL IS SOUGHT.  The licensee    1,523        

and permit holder shall send the renewal fee established under     1,524        

section 4766.05 of the Revised Code with his application for       1,525        

renewal THE BOARD SHALL RENEW A LICENSE IF THE APPLICANT MEETS     1,526        

THE REQUIREMENTS FOR LICENSURE AND SHALL RENEW A PERMIT IF THE     1,527        

APPLICANT AND VEHICLE MEET THE REQUIREMENTS TO MAINTAIN A PERMIT   1,528        

FOR THAT VEHICLE.                                                               

      (G)  Each licensee shall maintain accurate records of all    1,530        

service responses conducted,.  THE RECORDS SHALL BE MAINTAINED on  1,532        

forms PRESCRIBED BY THE BOARD and containing SHALL CONTAIN                      

information as specified by rule by the board.                     1,534        

      Sec. 4766.07.  (A)  Every licensee EACH EMERGENCY MEDICAL    1,543        

SERVICE ORGANIZATION SUBJECT TO LICENSURE under this chapter       1,544        

shall possess a valid permit for each ambulance and nontransport   1,545        

vehicle it owns or leases that is or will be used by the licensee  1,547        

to perform the services permitted by the license.  Each licensee   1,548        

and license applicant shall submit the appropriate fee and an      1,549        

application for A PERMIT FOR each ambulance and nontransport       1,550        

vehicle to the Ohio ambulance licensing board on forms provided    1,552        

by the board. The application shall include documentation that     1,553        

each THE vehicle meets the appropriate standards set by the board  1,554        

for the particular license for which the vehicle is used or        1,555        

intended to be used, that the vehicle has been inspected pursuant  1,556        

to division (C) of this section, that the permit applicant         1,557        

maintains insurance or self-insurance as provided in divisions     1,558        

(B) and (C) of section 4766.06 of the Revised Code, and that the   1,559        

vehicle and permit applicant meet any other requirements set, by   1,560        

rule, ESTABLISHED UNDER RULES ADOPTED by the board.                1,562        

      (B)(1)  Within sixty days after receiving a completed        1,564        

application for a permit, the board shall issue or deny the        1,565        

permit.  The board shall deny an application if it determines      1,566        

                                                          36     

                                                                 
that the permit applicant OR VEHICLE does not meet the             1,567        

requirements of this chapter and the rules adopted pursuant        1,569        

thereto UNDER IT that apply to permits for ambulances and          1,570        

nontransport vehicles.  The board shall send NOTICE OF the denial  1,572        

of an application by certified mail to the permit applicant.  The  1,573        

permit applicant may request a hearing within ten days after       1,574        

receipt of the certified mail NOTICE.  If the board receives a     1,575        

timely request, it shall hold a hearing in accordance with         1,576        

Chapter 119. of the Revised Code.                                               

      (2)  If the board issues the vehicle permit, it also shall   1,578        

issue a decal, in a form prescribed by rule, to be displayed on    1,579        

the rear window of the vehicle.  The board shall not issue a       1,580        

decal until all of the requirements for licensure and permit       1,581        

issuance have been met.                                            1,582        

      (C)  In addition to any other requirements that the board    1,584        

establishes by rule, a licensee or license applicant applying for  1,585        

an initial vehicle permit under division (A) of this section       1,586        

shall submit to the state highway patrol and the board each THE    1,587        

vehicle for which he seeks a THE permit IS SOUGHT.  Thereafter, a  1,588        

licensee shall annually submit to the state highway patrol and     1,590        

the board each vehicle for which a permit has been issued.         1,591        

      (1)  The state highway patrol shall conduct a physical       1,593        

inspection of AN AMBULANCE OR nontransport vehicles and            1,594        

ambulances VEHICLE to determine ITS roadworthiness and compliance  1,596        

with standard motor vehicle requirements.                          1,597        

      (2)  The board shall conduct a physical inspection of the    1,599        

medical equipment, communication equipment SYSTEM, and interior    1,600        

of the AN ambulance to determine the operational condition and     1,604        

safety of the equipment and the vehicle AMBULANCE'S interior and   1,605        

to determine WHETHER THE AMBULANCE IS IN compliance with the "GAC  1,607        

Service Specifications and Technical Handbook," OH-1822, as        1,608        

amended, FEDERAL REQUIREMENTS FOR AMBULANCE CONSTRUCTION that was  1,610        

WERE in effect at the time the ambulance was manufactured.  The    1,611        

board shall adopt rules pertaining to inspections conducted under  1,612        

                                                          37     

                                                                 
division (C)(2) of this section to determine compliance with       1,613        

vehicle standards specified in the handbook.  The rules shall not  1,614        

take effect until July 2, 1995., AS SPECIFIED BY THE GENERAL       1,617        

SERVICES ADMINISTRATION IN THE VARIOUS VERSIONS OF ITS             1,618        

PUBLICATION TITLED "FEDERAL SPECIFICATION FOR THE STAR-OF-LIFE     1,619        

AMBULANCE, KKK-A-1822."                                            1,620        

      (3)  The board and state highway patrol shall issue a        1,622        

certificate to the licensee or license applicant for each vehicle  1,623        

that passes the inspection and may assess a fee for each           1,624        

inspection, as established by the board.                           1,625        

      (4)  The board, in consultation with the state highway       1,627        

patrol, shall adopt rules regarding the implementation and         1,628        

coordination of the state highway patrol and board inspections.    1,629        

The rules may permit the board to contract with a third party to   1,630        

conduct the inspections required of the board under this section.  1,631        

      (D)  If an emergency medical service organization that has   1,633        

made timely application to the board for a vehicle permit has      1,634        

reasonable cause to believe that the state highway patrol will     1,635        

not be able to conduct the required inspection before the date by  1,636        

which the organization is required to renew the registration of    1,637        

the ambulance or nontransport vehicle with the bureau of motor     1,639        

vehicles, the organization may apply to the board for a temporary  1,640        

vehicle permit.  Such a permit shall be valid for a period of no   1,641        

more than thirty days from the date of issuance, and shall be      1,642        

accepted by the registrar of motor vehicles when the organization  1,643        

applies for license plates and a validation sticker, or a          1,644        

validation sticker alone, pursuant to REGISTRATION OF THE VEHICLE  1,645        

UNDER section 4503.49 of the Revised Code.                         1,647        

      Sec. 4766.08.  (A)  The Ohio ambulance licensing board may,  1,656        

pursuant to an adjudication conducted in accordance with Chapter   1,657        

119. of the Revised Code, suspend or revoke any license or permit  1,658        

or renewal thereof issued under this chapter for any one or        1,659        

combination of the following causes:                               1,660        

      (1)  Violation of this chapter or any rule adopted           1,662        

                                                          38     

                                                                 
thereunder;                                                        1,663        

      (2)  Refusal to permit the board to inspect a vehicle used   1,665        

under the terms of a permit or to inspect the records or physical  1,666        

facilities of a licensee;                                          1,667        

      (3)  Failure to meet the ambulance and nontransport vehicle  1,669        

requirements specified in this chapter or the rules adopted        1,670        

thereunder;                                                        1,671        

      (4)  VIOLATION OF AN ORDER ISSUED BY THE BOARD;              1,673        

      (5)  FAILURE TO COMPLY WITH ANY OF THE TERMS OF AN           1,675        

AGREEMENT ENTERED INTO WITH THE BOARD REGARDING THE SUSPENSION OR  1,676        

REVOCATION OF A LICENSE OR PERMIT OR THE IMPOSITION OF A PENALTY   1,677        

UNDER THIS SECTION.                                                             

      (B)  If the board determines that the records,               1,679        

recordkeeping procedures, or physical facilities of a licensee,    1,680        

or an ambulance or nontransport vehicle for which a valid permit   1,681        

has been issued, do not meet the standards specified in this       1,682        

chapter and the rules adopted thereunder, the board shall notify   1,683        

the licensee of any deficiencies within thirty days of finding     1,684        

the deficiencies.  If the board determines that the deficiencies   1,685        

exist and they remain uncorrected after thirty days, the board     1,686        

may suspend the license or vehicle permit.  The licensee,          1,687        

notwithstanding the suspension under this division, may operate    1,688        

until all appeals have been exhausted.                             1,689        

      (C)  At the discretion of the board, a licensee whose        1,691        

license has been suspended or revoked under this section may be    1,692        

ineligible to be licensed under this chapter for a period of not   1,693        

more than three years from the date of the violation, provided     1,694        

that the board shall make no determination on a period of          1,695        

ineligibility until all the licensee's appeals relating to the     1,696        

suspension or revocation have been exhausted.                      1,697        

      (D)  The board may, in addition to any other action taken    1,699        

under this section and after a hearing conducted pursuant to       1,700        

Chapter 119. of the Revised Code, impose a penalty of not more     1,701        

than fifteen hundred dollars for any violation of SPECIFIED IN     1,702        

                                                          39     

                                                                 
this section. The attorney general shall institute a civil action  1,704        

for the collection of any such penalty imposed.                    1,705        

      Sec. 4766.09.  Except as otherwise provided in sections      1,714        

307.051 and 505.37 of the Revised Code, this THIS chapter does     1,715        

not apply to any of the following:                                 1,716        

      (A)  A person rendering services with an ambulance in the    1,718        

event of a disaster situation when licensees' vehicles based in    1,719        

the locality of the disaster situation are incapacitated or        1,720        

insufficient in number to render the services needed;              1,721        

      (B)  Any person operating an ambulance outside this state    1,723        

unless receiving a person within this state for transport to a     1,724        

location within this state;                                        1,725        

      (C)  Any A PUBLICLY OWNED OR OPERATED EMERGENCY MEDICAL      1,728        

SERVICE ORGANIZATION AND THE VEHICLES IT OWNS OR LEASES AND        1,729        

OPERATES, EXCEPT AS PROVIDED IN SECTION 307.051, DIVISION (G) OF   1,730        

SECTION 307.055, DIVISION (F) OF SECTION 505.37, DIVISION (B) OF   1,731        

SECTION 505.375, AND DIVISION (B)(3) OF SECTION 505.72 OF THE      1,733        

REVISED CODE;                                                                   

      (D)  AN ambulance OR NONTRANSPORT VEHICLE owned OR LEASED    1,736        

and operated by the federal government;                                         

      (D)(E)  A publicly owned and operated fire department        1,738        

vehicle;                                                                        

      (E)(F)  Emergency vehicles owned by a corporation and        1,740        

operating only on the corporation's premises, for the sole use by  1,741        

that corporation;                                                  1,742        

      (F)  Any (G)  AN ambulance, NONTRANSPORT VEHICLE, OR OTHER   1,745        

emergency medical service organization vehicle, or nontransport    1,746        

vehicle owned and operated by a municipal corporation;             1,747        

      (G)  Any other (H)  A MOTOR VEHICLE TITLED IN THE NAME OF A  1,749        

VOLUNTEER RESCUE SERVICE ORGANIZATION, AS DEFINED IN SECTION       1,751        

4503.172 OF THE REVISED CODE;                                      1,753        

      (I)  A public emergency medical service organization;        1,757        

      (J)  A FIRE DEPARTMENT, RESCUE SQUAD, OR LIFE SQUAD          1,760        

COMPRISED OF VOLUNTEERS WHO PROVIDE SERVICES WITHOUT EXPECTATION   1,762        

                                                          40     

                                                                 
OF REMUNERATION AND DO NOT RECEIVE PAYMENT FOR SERVICES OTHER      1,763        

THAN REIMBURSEMENT FOR EXPENSES;                                                

      (K)  A PRIVATE, NONPROFIT EMERGENCY MEDICAL SERVICE          1,766        

ORGANIZATION WHEN FIFTY PER CENT OR MORE OF ITS PERSONNEL ARE      1,767        

VOLUNTEERS, AS DEFINED IN SECTION 4765.01 OF THE REVISED CODE.     1,768        

      Sec. 4766.10.  (A)  This chapter does not invalidate any     1,777        

municipal ordinance or resolution ADOPTED BY A MUNICIPAL           1,778        

CORPORATION that establishes standards for the licensure of        1,780        

EMERGENCY MEDICAL SERVICE ORGANIZATIONS AS basic life-support,     1,781        

intermediate life-support, or advanced life-support service        1,782        

organizations that HAVE THEIR PRINCIPAL PLACES OF BUSINESS         1,783        

LOCATED WITHIN THE LIMITS OF THE MUNICIPAL CORPORATION, AS LONG    1,784        

AS THE LICENSURE STANDARDS meet or exceed the standards            1,787        

established in this chapter and any THE rules adopted thereunder.  1,788        

      (B)  Service EMERGENCY MEDICAL SERVICE organizations         1,790        

operating within LICENSED BY a municipal corporation that has      1,792        

adopted an ordinance or resolution described in division (A) of    1,793        

this section are subject to the jurisdiction of the OHIO           1,794        

AMBULANCE LICENSING board, but the fees they pay to the board for  1,795        

licenses, permits, and renewals thereof shall not exceed fifty     1,796        

per cent of the fee amounts established by the board pursuant to   1,797        

section 4766.03 of the Revised Code.  The board may choose to      1,798        

waive the vehicle inspection requirements and inspection fees,     1,799        

but not the permit fees, for THE vehicles of those organizations   1,800        

that are subject to a municipal ordinance or resolution described  1,802        

in division (A) of this section LICENSED BY A MUNICIPAL            1,803        

CORPORATION.                                                                    

      Sec. 4766.11.  In THE OHIO AMBULANCE LICENSING BOARD MAY     1,813        

INVESTIGATE ALLEGED VIOLATIONS OF THIS CHAPTER OR THE RULES        1,814        

ADOPTED UNDER IT AND MAY INVESTIGATE ANY COMPLAINTS RECEIVED       1,815        

REGARDING ALLEGED VIOLATIONS.                                                   

      IN addition to the ANY OTHER remedies provided AVAILABLE     1,817        

and irrespective REGARDLESS of whether or not there exists an      1,819        

adequate remedy at law EXISTS, the Ohio ambulance licensing board  1,821        

                                                          41     

                                                                 
may apply to the court of common pleas in the county where a       1,822        

violation of any provision of this chapter or any rule adopted     1,823        

pursuant thereto is occurring for a temporary or permanent         1,824        

injunction restraining any A person from CONTINUING TO COMMIT      1,826        

that violation.  ON A SHOWING THAT A PERSON HAS COMMITTED A        1,827        

VIOLATION, THE COURT SHALL GRANT THE INJUNCTION.                   1,828        

      IN CONDUCTING AN INVESTIGATION UNDER THIS SECTION, THE       1,830        

BOARD MAY ISSUE SUBPOENAS COMPELLING THE ATTENDANCE AND TESTIMONY  1,832        

OF WITNESSES AND THE PRODUCTION OF BOOKS, RECORDS, AND OTHER       1,833        

DOCUMENTS PERTAINING TO THE INVESTIGATION.  IF A PERSON FAILS TO   1,834        

OBEY A SUBPOENA FROM THE BOARD, THE BOARD MAY APPLY TO THE COURT   1,835        

OF COMMON PLEAS IN THE COUNTY WHERE THE INVESTIGATION IS BEING     1,836        

CONDUCTED FOR AN ORDER COMPELLING THE PERSON TO COMPLY WITH THE    1,837        

SUBPOENA.  ON APPLICATION BY THE BOARD, THE COURT SHALL COMPEL     1,838        

OBEDIENCE BY ATTACHMENT PROCEEDINGS FOR CONTEMPT, AS IN THE CASE   1,839        

OF DISOBEDIENCE OF THE REQUIREMENTS OF A SUBPOENA FROM THE COURT   1,840        

OR A REFUSAL TO TESTIFY THEREIN.                                                

      Sec. 4766.12.  If a county or, township, JOINT AMBULANCE     1,850        

DISTRICT, OR JOINT EMERGENCY MEDICAL SERVICES DISTRICT chooses to  1,851        

have the Ohio ambulance licensing board license its emergency      1,852        

medical service organizations and issue permits for its vehicles   1,853        

pursuant to this chapter, except as may be otherwise provided,     1,854        

all provisions of these sections THIS CHAPTER and all rules        1,855        

adopted by the board thereunder are fully applicable.  However, a  1,856        

county or, township, JOINT AMBULANCE DISTRICT, OR JOINT EMERGENCY  1,857        

MEDICAL SERVICES DISTRICT is not required to obtain any type of    1,858        

permit from the board for any of its nontransport vehicles.        1,859        

      Sec. 4766.13.  THE OHIO AMBULANCE LICENSING BOARD, BY        1,861        

ENDORSEMENT, MAY LICENSE AND ISSUE VEHICLE PERMITS TO AN           1,862        

EMERGENCY MEDICAL SERVICE ORGANIZATION THAT IS REGULATED BY        1,863        

ANOTHER STATE.  TO QUALIFY FOR A LICENSE AND VEHICLE PERMITS BY    1,864        

ENDORSEMENT, AN ORGANIZATION MUST SUBMIT EVIDENCE SATISFACTORY TO  1,865        

THE BOARD THAT IT HAS MET STANDARDS IN ANOTHER STATE THAT ARE      1,866        

EQUAL TO OR MORE STRINGENT THAN THE STANDARDS ESTABLISHED BY THIS               

                                                          42     

                                                                 
CHAPTER AND THE RULES ADOPTED UNDER IT.                            1,867        

      Sec. 4931.40.  As used in sections 4931.40 to 4931.53 of     1,876        

the Revised Code:                                                  1,877        

      (A)  "9-1-1 system" means a system through which             1,879        

individuals can request emergency service using the telephone      1,880        

number 9-1-1.                                                      1,881        

      (B)  "Basic 9-1-1" means a 9-1-1 system in which a caller    1,883        

provides information on the nature of and the location of an       1,884        

emergency, and the personnel receiving the call must determine     1,885        

the appropriate emergency service provider to respond at that      1,886        

location.                                                          1,887        

      (C)  "Enhanced 9-1-1" means a 9-1-1 system in which the      1,889        

telephone network system automatically provides to personnel       1,890        

receiving the call, immediately on answering the 9-1-1 call,       1,891        

information on the location and the telephone number from which    1,892        

the call is being made, and routes the call to emergency service   1,893        

providers that serve the location from which the call is made.     1,894        

      (D)  "Subdivision" means a county, municipal corporation,    1,896        

township, township fire district, joint fire district, township    1,897        

police district, or joint ambulance district, OR JOINT EMERGENCY   1,899        

MEDICAL SERVICES DISTRICT that provides emergency service within   1,900        

its territory, or that contracts with another municipal            1,901        

corporation, township, or district or with a private entity to     1,902        

provide such service; and a state college or university, port      1,903        

authority, or park district of any kind that employs law           1,904        

enforcement officers that act as the primary police force on the   1,905        

grounds of the college or university or port authority or in the   1,906        

parks operated by the district.                                                 

      (E)  "Emergency service" means emergency police,             1,908        

firefighting, ambulance, rescue, and medical service.              1,909        

      (F)  "Emergency service provider" means the state highway    1,911        

patrol and an emergency service department or unit of a            1,912        

subdivision or that operates in a subdivision under contract with  1,913        

the subdivision.                                                   1,914        

                                                          43     

                                                                 
      (G)  "Public safety answering point" means a facility to     1,916        

which 9-1-1 system calls for a specific territory are initially    1,917        

routed for response and where subdivision personnel respond to     1,918        

specific requests for emergency service by directly dispatching    1,919        

the appropriate emergency service provider, relaying a message to  1,920        

the appropriate provider, or transferring the call to the          1,921        

appropriate provider.                                              1,922        

      (H)  "Customer premises equipment" means telecommunications  1,924        

equipment, including telephone instruments, on the premises of a   1,925        

public safety answering point that is used in answering and        1,926        

responding to 9-1-1 system calls.                                  1,927        

      (I)  "Municipal corporation in the county" includes any      1,929        

municipal corporation that is wholly contained in the county and   1,930        

each municipal corporation located in more than one county that    1,931        

has a greater proportion of its territory in the county to which   1,932        

the term refers than in any other county.                          1,933        

      (J)  "Board of county commissioners" includes the            1,935        

legislative authority of a county established under Section 3 of   1,936        

Article X, Ohio Constitution, or Chapter 302. of the Revised       1,937        

Code.                                                              1,938        

      (K)  "Final plan" means a final plan adopted under division  1,940        

(B) of section 4931.44 of the Revised Code and, except as          1,941        

otherwise expressly provided, an amended final plan adopted under  1,942        

section 4931.45 of the Revised Code.                               1,943        

      (L)  "Subdivision served by a public safety answering        1,945        

point" means a subdivision that provides emergency service for     1,946        

any part of its territory that is located within the territory of  1,947        

a public safety answering point whether the subdivision provides   1,948        

the emergency service with its own employees or pursuant to a      1,949        

contract.                                                          1,950        

      (M)  A township's population includes only population of     1,952        

the unincorporated portion of the township.                        1,953        

      (N)  "Telephone Company COMPANY" means a company engaged in  1,955        

the business of providing local exchange telephone service by      1,958        

                                                          44     

                                                                 
making available or furnishing access and a dial tone to persons   1,959        

within a local calling area for use in originating and receiving   1,960        

voice grade communications over a switched network operated by                  

the provider of the service within the area and gaining access to  1,961        

other telecommunications services.                                 1,962        

      Section 2.  That existing sections 9.60, 307.05, 307.051,    1,964        

307.055, 505.37, 505.375, 505.44, 505.72, 2909.01, 4503.49,        1,965        

4765.09, 4765.10, 4765.37, 4765.56, 4766.01, 4766.03, 4766.04,     1,967        

4766.07, 4766.08, 4766.09, 4766.10, 4766.11, 4766.12, and 4931.40               

of the Revised Code are hereby repealed.                           1,968        

      Section 3.  Sections 307.05 and 505.44 of the Revised Code   1,970        

are presented in this act as composites of those sections as       1,972        

amended by both Am. H.B. 192 and Am. Sub. S.B. 150 of the 121st    1,973        

General Assembly, with the new language of neither of the acts     1,975        

shown in capital letters.  This is in recognition of the           1,976        

principle stated in division (B) of section 1.52 of the Revised    1,977        

Code that such amendments are to be harmonized where not           1,978        

substantively irreconcilable and constitutes a legislative         1,979        

finding that such is the resulting version in effect prior to the  1,980        

effective date of this act.